Report Title:

Drug treatment

Description:

Allocates funding for drug treatment programs

HOUSE OF REPRESENTATIVES

H.B. NO.

1929

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DRUG TREATMENT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that drug treatment and prevention programs are vital for securing the future of the state. Drug use, especially among the youth of Hawaii, robs people of their full potential, wrecking not only their lives, but harming society as a whole. Incarceration helps remove the harm to society, but does not address the harm to the person.

Drug treatment and prevention programs help address the root of the problem. By educating people against the use of drugs, we prevent the use of drugs and their terrible personal and societal costs. By treating drug offenders, we open ourselves to the possibility that the drug offender could reach their true potential and become a positive, contributing member of society rather than a financial drain due to prolonged incarceration.

Studies show that for every one dollar spent on prevention and treatment, a state could save up to seven dollars on social costs. Treatment and prevention programs are sensible, both from a financial standpoint and a human one. In a time of scarce resources and funds, the funding of drug treatment and prevention programs is one way to address a growing problem in this state and to promote a fiscally sound long term solution that will free up funds for other needed programs and projects. The purpose of this act is to promote the use of tobacco settlement funds towards the funding of drug treatment and prevention programs.

SECTION 2. Section 328L-4, Hawaii Revised Statutes, is amended to read as follows:

"[§328L-4] Use of funds appropriated to the department. The department, immediately upon receipt of the thirty-five per cent of moneys appropriated pursuant to section 328L-2(b)(2) shall:

(1) Transfer up to ten per cent of the total moneys received by the State from tobacco settlement moneys to the department of human services for the children's health insurance program; and

(2) Expend the remainder of the moneys received by the department for health promotion and disease prevention programs, including but not limited to, maternal child health and child development programs, promotion of healthy lifestyles (including fitness, nutrition, and tobacco control), drug prevention and treatment programs, and prevention oriented public health programs.

For purposes of paragraph (2), the director shall convene an advisory group that shall be separate from the tobacco prevention and control advisory board, to strategically plan the development and implementation of preventive systems to achieve measurable outcomes and to make recommendations for the expenditure of these moneys. The advisory group shall be composed of nine members with expertise in the programs under paragraph (2), and shall be selected at the discretion of the director."

SECTION 3. Section 328L-5, Hawaii Revised Statutes, is amended to read as follows:

"§328L-5 Hawaii tobacco and drug prevention, treatment and control trust fund. (a) There is established the Hawaii tobacco and drug prevention, treatment and control trust fund as a separate fund of a nonprofit entity having a board of directors and qualifying under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, into which shall be deposited moneys received as provided under section 328L-2(b)(3). The director of health with the concurrence of the governor, shall select, in accordance with law, the entity based upon the proven record of accomplishment of the entity in administering a similar trust fund.

(b) Notwithstanding that the Hawaii tobacco and drug prevention, treatment and control trust fund is established within a private entity, the department of budget and finance shall have oversight authority over the fund and may make periodic financial audits of the fund; provided that the director of finance may contract with a certified public accountancy firm for this purpose. The director of health with the concurrence of the governor in their sole discretion may rescind the selection of the entity. If the selection of the entity [is] rescinded, moneys in the trust fund shall revert back to the State and shall be deemed to be trust moneys.

(c) The entity selected under subsection (a), for each fiscal year, may expend up to fifty per cent of the total market value of the Hawaii tobacco and drug prevention, treatment and control trust fund on the preceding June 30, for drug and tobacco prevention, treatment and control, including but not limited to, reducing cigarette smoking and tobacco and drug use among youth and adults through education and enforcement activities, and controlling and preventing chronic diseases where tobacco is a risk factor.

(d) The Hawaii tobacco and drug prevention, treatment and control trust fund may receive appropriations, contributions, grants, endowments, or gifts in cash or otherwise from any source, including the State, corporations or other businesses, foundations, government, individuals, and other interested parties; provided that any appropriations made by the State shall not supplant or diminish the funding of existing tobacco or drug prevention, treatment and control programs or any health related programs funded in whole or in part by the State.

(e) The assets of the Hawaii tobacco and drug prevention, treatment and control trust fund shall consist of:

(1) Moneys appropriated under section 328L-2(b)(3);

(2) Moneys appropriated to the Hawaii tobacco and drug prevention, treatment and control trust fund by the state, county, or federal government;

(3) Private contributions of cash or property; and

(4) Income and capital gains earned by the trust fund.

(f) The aggregate principal sum deposited in the Hawaii tobacco and drug prevention, treatment and control trust fund shall be invested by the entity selected under subsection (a) in a manner intended to maximize the rate of return on investment of the trust fund consistent with the objective of preserving the trust fund's principal.

(g) If the entity selected under subsection (a) is dissolved, the director of health, with the concurrence of the governor, shall select a successor entity. If the Hawaii tobacco and drug prevention, treatment and control trust fund is terminated, the moneys remaining in the trust fund shall revert back to the State and shall be deemed to be trust moneys.

(h) The administration of the Hawaii tobacco and drug prevention, treatment and control trust fund shall be advised by the tobacco and drug prevention, treatment and control advisory board created under section 328L-6."

SECTION 4. Section 328L-6, Hawaii Revised Statutes, is amended to read as follows:

"[§328L-6] Tobacco and Drug prevention, treatment and control advisory board. (a) There is established a tobacco and drug prevention, treatment and control advisory board under the department for administrative purposes.

(b) The tobacco and drug prevention, treatment and control advisory board shall consist of members who are involved in tobacco or drug prevention, treatment and control. Membership of the board shall be as follows:

(1) One member of the governor's staff, appointed by the governor;

(2) One member to be appointed by the governor from a list of two names submitted by the president of the senate;

(3) One member to be appointed by the governor from a list of two names submitted by the speaker of the house of representatives;

(4) The director or the director's designee;

(5) The superintendent of education or the superintendent's designee;

(6) Three members having demonstrated interest in and having backgrounds beneficial to controlling and preventing or treating the use of tobacco and drugs, appointed by the director of health; and

(7) Three members representing populations at risk for tobacco or drug use, appointed by the governor.

(c) Members shall:

(1) Be appointed or designated, as applicable, without regard to section 26-34;

(2) Serve without compensation; and

(3) Serve for a term of three years.

(d) The tobacco and drug prevention, treatment and control advisory board, in collaboration with the department, shall develop a strategic plan for tobacco prevention and control, including:

(1) Developing and implementing effective and cost efficient programs, including health promotion and disease prevention;

(2) Developing adequate standards and benchmarks by which measures of program success under paragraph (1) of this subsection may be appropriately evaluated; and

(3) Assessing the effectiveness of programs engaged in health promotion and disease prevention.

The strategic plan shall be in writing and shall be a public document.

(e) The tobacco and drug prevention, treatment and control advisory board shall advise the on the administration of the Hawaii tobacco and drug prevention, treatment and control trust fund."

SECTION 5. Act 14, Session Laws of Hawaii 2001, Third Special Session, is repealed.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2002.

 

INTRODUCED BY:

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