HONOLULU- Rep. John Mizuno, who chairs the Human Services Committee, has introduced two bills that would require some certain recipients to be tested for illicit drugs.
"I don't think any taxpayer in our state would say they're okay with funding a person's illegal drug use,” Mizuno told Khon2. “As taxpayers we need to save all we can, we don't need to raise people's taxes.”
Under HB1711 anyone applying for benefits under the Temporary Assistance for Needy Families program would be required to submit to a drug test at their own expense. If the test came back negative, the state would reimburse the cost, which averages around $40.
Anyone testing positive would be denied TANF benefits until they complete a state certified drug rehabilitation program for six months.
“So it's a benevolent bill,” said Mizuno. “We want our people who are illegally using drugs to get tested and get the help they need and become self sufficient.”
However a similar law in Florida was blocked by U.S. District Judge Mary Scriven in November of last year after she ruled it violated the Fourth Amendment right against unreasonable searches. Florida Gov. Rick Scott is currently appealing the judge’s ruling.
ACLU-Hawaii senior staff attorney Dan Gluck came out strongly against the idea of testing welfare beneficiaries for illegal drugs when told about Mizuno’s initiatives.
“The Constitution prohibits government from targeting people just because they’re poor,” Gluck said in a written statement. “Federal courts have consistently blocked nearly identical measures as unconstitutional. With Hawaii in a budget crisis, precious taxpayer dollars are better spent on supporting Hawaii's needy families rather than criminalizing them simply because they’re poor."
However Mizuno believes his other bill, HB1710, would pass constitutional muster. The bill requires TANF recipients to be tested for illegal drugs only if there is probable cause, for example erratic behavior observed by a case worker. The measure is crafted after a successful law in Missouri that the National Conference of State Legislatures believes would be upheld in court.
Mizuno hopes to receive feedback from the public regarding his initiatives before deciding whether to bring either bill to committee.
“Sometimes at the beginning of the year many people will speculate that, 'Hey this just isn't right,' but as we look into it we may slowly start to gain momentum and support,” said Mizuno. “I'm all in it for the discussion.”
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