Bill Text: HI HB1885 | 2012 | Regular Session | Introduced
Bill Title: Public Housing Tenants and Applicants; Drug Testing
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2012-02-01 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; Representative(s) Pine voting no (1) and Representative(s) Okamura, Say excused (2). [HB1885 Detail]
Download: Hawaii-2012-HB1885-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1885 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 356D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§356D- Mandatory drug testing for federal and state low-income housing tenants and applicants. (a) The authority shall establish a drug testing program to be administered to any tenant or any applicant of federal or state low-income housing under this chapter; provided that dependent children under the age of eighteen of a tenant or applicant, shall be exempt from the drug testing requirements in this chapter.
(b) Submission to a drug test shall be a condition of the tenant or applicant renting or leasing a federal or state low-income housing dwelling under this chapter. An individual who refuses to be tested or tests positive for a controlled substance as a result of a drug test required under this section shall be ineligible to rent or lease such a dwelling; provided that upon the successful completion of a six-month substance abuse treatment program offered by a special treatment facility, as defined in section 334-1, the individual may apply or reapply to lease or rent a dwelling.
(c) The authority shall provide notice of drug testing to the individual at the time of application to lease or rent a dwelling under this chapter.
(d) Any costs associated with the drug testing and treatment from a substance abuse treatment program required under this section shall be the responsibility of the individual being tested or receiving substance abuse treatment; provided that if the individual tests negative for controlled substances, the authority shall reimburse the individual for the amount paid for the drug testing.
(e) Drug tests shall be administered by the authority in accordance with drug testing standards or rules adopted by the department of health that ensure fair, accurate, and reliable testing and confirmatory procedures.
(f) The authority shall adopt rules in accordance with chapter 91 to implement this section."
SECTION 2. Section 356D-31, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In the operation or management of federal public housing projects, the authority (acting directly or by an agent or agents) at all times shall observe the following duties with respect to rentals and tenant selection:
(1) It may establish maximum limits of annual net income for tenant selection in any public housing project, less such exemptions as may be authorized by federal regulations pertaining to public housing. The authority may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract for financial assistance with the authority;
(2) It may rent or lease the dwelling units therein
only at rentals within the financial reach of persons who lack the amount of
income that it determines to be necessary to obtain safe, sanitary, and
uncongested dwelling accommodations within the area of operation of the
authority and to provide an adequate standard of living; [and]
(3) It may rent or lease to a tenant a dwelling
consisting of the number of rooms (but no greater number) that it deems
necessary to provide safe and sanitary accommodations to the proposed occupants
thereof, without overcrowding[.]; and
(4) It shall require any tenant who rents or leases, or any individual who applies to rent or lease, a federal low-income housing dwelling under this part, to submit to drug testing under section 356D- ."
SECTION 3. Section 356D-42, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-42[]] Housing;
tenant selection. (a) Subject to the following limitations and
preferences, the authority shall select tenants upon the basis of those in
greatest need for the particular housing. The authority may limit the tenants
of any state low-income housing project to classes of persons when required by
federal law or regulation as a term or condition of obtaining assistance from
the federal government. Within the priorities established by the authority
recognizing need, veterans with a permanent disability of ten per cent or more
as certified by the United States Department of Veterans Affairs, the dependent
parents of the veteran, and the deceased veteran's widow shall be given first
preference.
(b) The authority shall require any tenant who rents or leases, or any individual who applies to rent or lease, a state low-income housing dwelling under this part, to submit to drug testing under section 356D- ."
SECTION 4. Section 356D-92, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as otherwise provided, the authority may terminate any lease, rental agreement, permit, or license covering the use and occupation of any dwelling unit or other premises located within a public housing project and evict from any premises any tenant, licensee, or other occupant for any of the following reasons:
(1) Failure to pay rent when due;
(2) Violation of any of the provisions of a lease, rental agreement, permit, or license;
(3) Violation of any of the rules of the authority;
(4) Failure to maintain the dwelling unit in a clean,
sanitary, and habitable condition; [or]
(5) The existence of any other circumstances giving
rise to an immediate right to possession by the authority[.];
(6) Refusal to submit to a drug test under this chapter; or
(7) Testing positive for a controlled substance as a result of a drug test required under this chapter."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Public Housing Tenants and Applicants; Drug Testing
Description:
Requires Hawaii Public Housing Authority to establish a drug testing program to be administered to any tenant or any applicant of federal or state low-income housing under chapter 356D, Hawaii Revised Statutes (HRS). Makes submission to a drug test a condition of the tenant or applicant renting or leasing a federal or state low-income housing dwelling under chapter 356D, HRS.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
