Hawaii-2012-HR135-Introduced

WHEREAS, congressional findings under Title 42, United States Code, Chapter 124, state that public and other federally assisted low-income housing in many areas suffers from rampant drug-related or violent crimes; and

WHEREAS, there is a recent national trend toward requiring applicants and recipients of public assistance, including welfare benefits and public housing, to submit to drug screening in order to qualify for such assistance; and

WHEREAS, a number of congressional proposals have been proposed, calling for nationwide testing of welfare recipients, including public housing recipients; and

WHEREAS, to combat drug-related crimes and to promote safety in public-assisted housing, some states are considering, and other states have implemented, drug testing as a condition of entering into a lease for low-income housing; and

WHEREAS, a number of cities, such as Chicago, Illinois and Flint, Michigan, have considered drug testing public housing residents; and

WHEREAS, according to The New York Times article, "States Adding Drug Test as Hurdle for Welfare," dated October 10, 2011, policy makers in three dozen states, including Arizona, Indiana, and Missouri, proposed drug testing for persons receiving benefits like welfare, unemployment assistance, job training, food stamps, and public housing; and

WHEREAS, The New York Times article states that proponents of such laws claim that the laws ensure that tax dollars are not being misused and critics of such laws say that the laws reinforce stereotypes about the poor; and

WHEREAS, most of the legislative proposals have failed to win support because of concerns about legality regarding mandated drug testing for welfare recipients as a violation of the constitutional protection against unreasonable search and seizure; and

WHEREAS, while drug testing of public housing tenants, selected applicants, and applicants is being considered in the United States, the act of drug testing persons in low-income housing raises legal, economic, social, ethical, and practical considerations and implications, as well as concerns regarding the feasibility and effectiveness of its implementation; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, that the Legislative Reference Bureau is requested to conduct a study on the feasibility and effectiveness of implementing drug testing to tenants, selected applicants, and applicants of federal and state low-income housing in the State; and

BE IT FURTHER RESOLVED that with respect to the study, the Legislative Reference Bureau examine the legal, economic, social, ethical, and practical considerations and implications of drug testing on tenants, selected applicants, and applicants of federal and state low-income housing in the State, including:

(1) Housing, anti-discrimination, and privacy laws as they relate to drug testing tenants, selected applicants, and applicants of federal and state low-income housing;

(2) The legal effects of random and suspicionless drug testing on tenants, selected applicants, and applicants of federal and state low-income housing;

(3) Drug testing proposals nationally and in other states on tenants, selected applicants, and applicants of federal and state low-income housing, and the status of the proposals;

(4) The feasibility and effectiveness of drug testing on tenants, selected applicants, and applicants of federal and state low-income housing, including the accuracy and reliability of drug tests; and

(5) The costs and resources necessary to implement fair, accurate, and reliable drug testing; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit its findings and recommendations, including any proposed legislation, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2013; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Regional Director of the United States Department of Housing and Urban Development, Acting Director of the Legislative Reference Bureau and the Executive Director of Hawaii Public Housing Authority.

	OFFERED BY:	_____________________________

Report Title:

Drug Testing; Low-Income Housing Tenants and Applicants

HOUSE OF REPRESENTATIVES	H.R. NO.	135
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII