REPORT TITLE:
Substance abuse policy council


DESCRIPTION:
Establishes a substance abuse policy council within the office of
the governor to develop statewide policy regarding education,
prevention, and treatment programs.  Provides funding sources and
mechanisms. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2894
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO SUBSTANCE ABUSE.



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

 1                              Part I
 
 2      SECTION 1.  The legislature finds that substance abuse
 
 3 touches our community in many different ways.  The high social
 
 4 and financial costs of substance abuse related problems include
 
 5 domestic violence, motor vehicle accidents caused by driving
 
 6 under the influence, prostitution, property crime, and rising
 
 7 health care costs stemming from drug-exposed infants and
 
 8 children.  The legislature further finds there exists no
 
 9 effective statewide drug control policy or interagency
 
10 collaborative effort.  The individual efforts of the several
 
11 state agencies to address substance abuse are fragmented and are
 
12 not sufficiently addressing this growing social disease.  The
 
13 legislature further notes that many other states provide for the
 
14 distribution of federal and other funds in support of substance
 
15 abuse programs through the governor's office to track and
 
16 coordinate funding efforts.
 
17      To address this growing problem and fragmentation of the
 
18 State's efforts, the legislature believes that there is an urgent
 
19 need to establish a substance abuse policy council to develop
 
20 statewide integrated substance abuse treatment and prevention
 

 
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 1 policy.  The legislature further agrees that the office of the
 
 2 governor is the most appropriate placement of this policy
 
 3 council, in light of the seriousness of this problem and the need
 
 4 for coordination of programs, services, and funding.
 
 5      The purpose of this Act is to establish a substance abuse
 
 6 policy council within the office of the governor to develop
 
 7 statewide policy regarding education, prevention, and treatment
 
 8 programs.
 
 9      SECTION 2.  Chapter 27, Hawaii Revised Statutes, is amended
 
10 by adding a new part to be appropriately designated and to read
 
11 as follows:
 
12           "PART  .  SUBSTANCE ABUSE POLICY AND PROGRAMS
 
13      27-    Definitions.   As used in this part:
 
14      "Substance" means alcohol, any drug on schedules I through
 
15 IV of chapter 329, or any substance that includes in its
 
16 composition volatile organic solvents.
 
17      "Substance abuse" means the misuse of a substance or the use
 
18 of a substance to an extent deemed deleterious or detrimental to
 
19 the user, to others, or to society.
 
20      27-  Substance abuse policy council.(a)  There is
 
21 established within the office of the governor, a substance abuse
 
22 policy council for the purposes of developing statewide policy
 
23 and funding sources for the implementation of substance abuse
 

 
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 1 education, intervention, and treatment programs and services.
 
 2 The policy council shall be composed of:
 
 3      (1)  The governor or the governor's designee;
 
 4      (2)  The attorney general or the attorney general's
 
 5           designee;
 
 6      (3)  The director of finance or the director's designee;
 
 7      (4)  The superintendent of education or the superintendent's
 
 8           designee;
 
 9      (5)  The director of health or the director's designee who
 
10           shall be knowledgeable about substance abuse issues;
 
11      (6)  A representative from the department of health
 
12           knowledgeable about mental health issues, to be
 
13           appointed by the director of health;
 
14      (7)  The director of human services or the director's
 
15           designee;
 
16      (8)  The director of the office of youth services or the
 
17           director's designee;
 
18      (9)  The chief justice or the chief justice's designee;
 
19     (10)  The director of public safety or the director's
 
20           designee;
 
21     (11)  The director of transportation or the director's
 
22           designee;
 

 
 
 
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 1     (12)  The executive director of the housing and community
 
 2           development corporation of Hawaii or the executive
 
 3           director's designee;
 
 4     (13)  One county mayor who shall be selected by the mayors of
 
 5           each county or the mayor's designee;
 
 6     (14)  One county prosecuting attorney who shall be selected
 
 7           by the prosecuting attorneys of each county or the
 
 8           prosecuting attorney's designee; and
 
 9     (15)  The chair of the community alliance advisory committee.
 
10      (b)  The governor or the governor's designee shall be the
 
11 chair of the policy council.  The policy council shall meet not
 
12 less than once per month, and upon the request of the chair.
 
13      (c)  The policy council shall establish a community alliance
 
14 advisory committee to include but not be limited to members
 
15 representing substance abuse program providers, clients of
 
16 substance abuse programs, pharmacological, medical, community and
 
17 business affairs, youth action, educational, legal defense,
 
18 enforcement, and corrections segments of the community.  One of
 
19 the appointed members shall be a member of the state council on
 
20 mental health established by section 334-10, and shall be
 
21 knowledgeable about the community and the relationships between
 
22 mental health, mental illness, and substance abuse.  The
 
23 committee shall appoint on an annual basis one member to serve as
 

 
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 1 chair of the committee.  The community alliance advisory
 
 2 committee shall be convened on a quarterly basis to assist the
 
 3 council in the development of the statewide integrated policy,
 
 4 required under section 27- .
 
 5      (d)  The policy council shall:
 
 6      (1)  Develop and annually update a comprehensive statewide
 
 7           master plan and budget summary for the development,
 
 8           implementation, and funding of a continuum of substance
 
 9           abuse education, intervention, and treatment programs
 
10           under a statewide integrated policy;
 
11      (2)  Work cooperatively to establish a statewide management
 
12           information system to assist in monitoring and
 
13           evaluating the continuum of programs;
 
14      (3)  Identify all funds, programs, and resources available
 
15           in the State, public and private, and from the federal
 
16           government, that are being used or may be used to
 
17           support substance abuse prevention, education,
 
18           treatment, and research activities;
 
19      (4)  Make every effort to secure funds for research and
 
20           development, training, and public education in the
 
21           areas of substance abuse education, prevention, and
 
22           treatment;
 

 
 
 
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 1      (5)  Serve as a liaison between the federal government and
 
 2           the State regarding funding sources, and coordinate
 
 3           funding requests for substance abuse education,
 
 4           intervention, and treatment programs to deter
 
 5           competition for resources that could adversely affect
 
 6           implementation of the master treatment plan;
 
 7      (6)  Network with public and private agencies that come into
 
 8           contact with substance abusers to keep abreast of
 
 9           issues that impact upon, and increase community
 
10           awareness regarding, statewide substance abuse policy,
 
11           programs, and services; and
 
12      (7)  Share information and pool resources to carry out
 
13           responsibilities under this part.
 
14      27-    Substance abuse policy council coordinator.  (a)
 
15 There is established within the office of the governor a
 
16 substance abuse policy council coordinator to be appointed by the
 
17 governor as provided in section 26-34.
 
18      (b)  The duties of the substance abuse policy council
 
19 coordinator shall include but not be limited to:
 
20      (1)  Serving as the coordinating officer to the substance
 
21           abuse policy council to aid in the accomplishment of
 
22           their duties;
 

 
 
 
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 1      (2)  Recommending to the substance abuse policy council the
 
 2           changes necessary to increase the effectiveness of the
 
 3           State's substance abuse programs;
 
 4      (3)  Hiring necessary personnel, without regard to chapters
 
 5           76 and 77, to carry out the purposes of this part,
 
 6           including the hiring of a financial officer whose
 
 7           responsibility will be to assist with the coordination
 
 8           of funds and the securing of new funding opportunities
 
 9           for all council members;
 
10      (4)  Promoting the State's substance abuse awareness and
 
11           education efforts; and
 
12      (5)  Facilitating other necessary and desireable functions
 
13           to promote the intent of this part.
 
14      27- Annual report.  The governor shall submit an annual
 
15 report to the legislature to include but not be limited to:
 
16      (1)  The activities of the substance abuse policy council in
 
17           the development of the statewide master plan;
 
18      (2)  Funding amounts sought and received from sources other
 
19           than the State;
 
20      (3)  Funding amounts distributed and expended by the agency
 
21           to implement the purposes of this part; and
 
22      (4)  Recommendations regarding substance abuse policy.
 
23      The report shall be submitted to the legislature at least
 
24 twenty days prior to the convening of each regular session.
 

 
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 1      27-    Substance abuse programs revolving fund.(a)  There
 
 2 is created in the treasury of the State the substance abuse
 
 3 programs revolving fund that shall be deposited all revenues
 
 4 collected by the department of taxation pursuant to chapter 244D.
 
 5 The revolving fund shall be used solely to support the operations
 
 6 of the substance abuse policy council and any substance abuse
 
 7 programs and services designated by legislative appropriation.
 
 8      (b) The department of accounting and general services, with
 
 9 the assistance of the council, shall submit an annual financial
 
10 statement to the legislature no later than twenty days prior to
 
11 the convening of each regular session."
 
12                              Part II
 
13      SECTION 3.  Section 244D-2, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "[[]244D-2[]]  Permit.(a)  It shall be unlawful for any
 
16 dealer to sell liquor unless a permit has been issued to the
 
17 dealer as hereinafter prescribed, and [such] the permit is in
 
18 full force and effect. 
 
19      (b)  The liquor commission shall certify to the department
 
20 of taxation from time to time and within forty-eight hours after
 
21 [such] the license is issued the name of every dealer, together
 
22 with the dealer's place of business and the period covered by the
 
23 dealer's license.  The department thereupon shall issue its
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 permit to [such] the person for the period covered by the
 
 2 person's license upon the payment of a permit fee of [$2.50.]
 
 3 $500.  The permit shall be issued by the department as of the
 
 4 date when the liquor commission issued the license. 
 
 5      (c)  Any permit issued under this chapter shall [not be]:
 
 6      (1)  Not be assignable; [it shall be]
 
 7      (2)  Be conspicuously displayed on the licensed premises of
 
 8           the permittee; [it shall expire]
 
 9      (3)  Expire on June 30 next succeeding the date upon which
 
10           it is issued, unless sooner suspended, surrendered, or
 
11           revoked for cause by the department; and [it shall be]
 
12      (4)  Be renewed annually before July 1, upon fulfillment of
 
13           all requirements as in the case of an original permit
 
14           and the payment of a renewal fee of [$2.50.] $250.
 
15      Whenever a permit is defaced, destroyed, or lost, or the
 
16 licensed premises are relocated, the department may issue a
 
17 duplicate permit to the permittee upon the payment of a fee of
 
18 [50 cents.] $50.
 
19      (d)  The department may suspend, or, after hearing, revoke,
 
20 any permit issued under this chapter whenever it finds that the
 
21 permittee has failed to comply with this chapter, or any rule or
 
22 regulation of the department prescribed, adopted, and promulgated
 
23 under this chapter.  Upon suspending or revoking any permit the
 

 
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 1 department shall request the permittee to surrender to it
 
 2 immediately the permit, or any duplicate thereof issued to the
 
 3 permittee, and the permittee shall surrender the same promptly to
 
 4 the department as requested.  Whenever the department suspends a
 
 5 permit, it shall notify the permittee immediately and afford the
 
 6 permittee a hearing, if desired, and if a hearing has not already
 
 7 been afforded.  After the hearing the department shall either
 
 8 rescind its order of suspension, or good cause appearing
 
 9 therefor, shall continue the suspension or revoke the permit.
 
10      (e)  All moneys collected pursuant to this section shall be
 
11 deposited into the substance abuse programs revolving fund
 
12 established under section 27-  ."
 
13      SECTION 4.  Section 244D-4, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  Every person who sells or uses any liquor in the State
 
16 not taxable under this chapter, in respect of the transaction by
 
17 which the person or the person's vendor acquired the liquor,
 
18 shall pay a gallonage tax [which] that is hereby imposed at the
 
19 following rates for the various liquor categories defined in
 
20 section 244D-1:
 
21      [For the period July 1, 1997, to June 30, 1998, the tax rate
 
22 shall be:
 
23      (1)  $5.92 per wine gallon on distilled spirits;
 

 
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 1      (2)  $2.09 per wine gallon on sparkling wine;
 
 2      (3)  $1.36 per wine gallon on still wine;
 
 3      (4)  $0.84 per wine gallon on cooler beverages;
 
 4      (5)  $0.92 per wine gallon on beer other than draft beer;
 
 5      (6)  $0.53 per wine gallon on draft beer;]
 
 6      On July 1, [1998] 2000, and thereafter, the tax rate shall
 
 7 be:
 
 8      (1)  [$5.98] $6.58 per wine gallon on distilled spirits;
 
 9      (2)  [$2.12] $2.33 per wine gallon on sparkling wine;
 
10      (3)  [$1.38] $1.52 per wine gallon on still wine;
 
11      (4)  [$0.85] $0.94 per wine gallon on cooler beverages;
 
12      (5)  [$0.93] $1.02 per wine gallon on beer other than draft
 
13           beer; and
 
14      (6)  [$0.54] $0.59 per wine gallon on draft beer;
 
15 and at a proportionate rate for any other quantity so sold or
 
16 used."
 
17      SECTION 5.  Section 244D-17, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]244D-17[]]  Disposition of revenues.  All moneys
 
20 collected pursuant to this chapter shall be paid into the state
 
21 treasury as state realizations[, to be kept and accounted for as
 
22 provided by law.]; provided that ten per cent of the moneys shall
 
23 be deposited into the substance abuse programs revolving fund."
 

 
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 1      SECTION 6.  Section 245-2, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "245-2 License. (a) It shall be unlawful for any person to
 
 4 engage in the business of a wholesaler or dealer in the State
 
 5 without having received first a license therefor issued by the
 
 6 department of taxation under this chapter; provided that this
 
 7 section shall not be construed to supersede any other law
 
 8 relating to licensing of persons in the same business.
 
 9      The license shall be issued by the department upon
 
10 application therefor, in [such] the form and manner as shall be
 
11 required by rule of the department, and the payment of a fee of
 
12 [$2.50,] $250, and shall be renewable annually on July 1 for the
 
13 twelve months ending the succeeding June 30.
 
14      (b)  All moneys collected pursuant to this section shall be
 
15 deposited into the substance abuse programs revolving fund
 
16 established under section 27-  ."
 
17      SECTION 7.  Section 245-3, Hawaii Revised Statutes, is
 
18 amended by amending subsection (a) to read as follows:
 
19      "(a)  Every wholesaler or dealer, in addition to any other
 
20 taxes provided by law, shall pay for the privilege of conducting
 
21 business and other activities in the State an:
 
22      (1)  Excise tax equal to[:
 

 
 
 
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 1           (A)  4.00 cents for each cigarette sold, used, or
 
 2                possessed by the wholesaler or dealer, after
 
 3                August 31, 1997; and
 
 4           (B)  5.00] 6.00 cents for each cigarette sold, used, or
 
 5                possessed by a wholesaler or dealer after June 30,
 
 6                1998, whether or not sold at wholesale, or if not
 
 7                sold then at the same rate upon the use by the
 
 8                wholesaler or dealer; and
 
 9      (2)  Excise tax equal to forty per cent of the wholesale
 
10           price of each article or item of tobacco products sold
 
11           by the wholesaler or dealer, whether or not sold at
 
12           wholesale, or if not sold then at the same rate upon
 
13           the use by the wholesaler or dealer.
 
14      Where the tax imposed has been paid on cigarettes or tobacco
 
15 products which thereafter become the subject of a casualty loss
 
16 deduction allowable under chapter 235, the tax paid shall be
 
17 refunded or credited to the account of the wholesaler or dealer.
 
18 In applying the tax, the tax shall be applied against the latest
 
19 of the activities of selling, using, or possessing.  The tax
 
20 shall be imposed at the time of the last of the following
 
21 activities to occur: the sale; the use; or the possession of
 
22 cigarettes or tobacco products."
 

 
 
 
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 1      SECTION 8.  Section 245-15, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "245-15  Disposition of revenues.  All moneys collected
 
 4 pursuant to this chapter shall be paid into the state treasury as
 
 5 state realizations [to be kept and accounted for as provided by
 
 6 law.]; provided that ten per cent of the moneys shall be
 
 7 deposited into the substance abuse programs revolving fund."
 
 8      SECTION 9.  Act 205, Session Laws of Hawaii 1995, is amended
 
 9 by amending section 1 to read as follows:
 
10      "SECTION 1.  Chapter 706, Hawaii Revised Statutes, is
 
11 amended by adding a new section to be appropriately designated
 
12 and to read as follows:
 
13      "706-   Drug demand reduction assessments; [special]
 
14 substance abuse programs revolving fund.(1)  In addition to any
 
15 disposition authorized by chapter 706 or 853, any person
 
16 [convicted] who is:
 
17      (a)  Convicted of [a felony or misdemeanor] an offense under
 
18           part IV of chapter 712, except section 712-1250.5[, or
 
19           any person charged];
 
20      (b)  Convicted under section 707-702.5;
 
21      (c)  Convicted of a felony or misdemeanor offense under part
 
22           IV of chapter 329;
 

 
 
 
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 1      (d)  Convicted under section 291-3.1, 291-3.2, 291-3.3,
 
 2           291-4, 291-4.3, 291-4.4, or 291-7; or
 
 3      (e)  Charged with [such an] any offense under paragraphs (a)
 
 4           through (d) who has been granted a deferred acceptance
 
 5           of guilty or no contest plea [may],
 
 6 shall be ordered to pay a monetary assessment under subsection
 
 7 (2).
 
 8      (2) [There is established a special fund to be known as the
 
 9 "drug demand reduction assessments special fund" to be
 
10 administered by the department of health.]
 
11      Monetary assessments for individuals subject to subsection
 
12 (1) shall not [exceeding] exceed the following:
 
13      (a)  $3,000 when the offense is a class A felony;
 
14      (b)  $2,000 when the offense is a class B felony;
 
15      (c)  $1,000 when the offense is a class C felony; [or]
 
16      (d)  $500 when the offense is a misdemeanor[.] other than a
 
17           misdemeanor in paragraph (e); or
 
18      (e)  $250 when the person has been found guilty of an
 
19           offense under section 712-1249, 291-3.1, 291-3.2,
 
20           291-3.3, 291-4, 291-4.3, or 291-7.
 
21 Notwithstanding sections 706-640 and 706-641 and any other law to
 
22 the contrary, the assessments provided by this section shall be
 
23 in addition to and not in lieu of, and shall not be used to
 
24 offset or reduce, any fine authorized or required by law.
 

 
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 1      (3)  All moneys collected pursuant to this section shall be
 
 2 deposited into the substance abuse programs revolving fund.  The
 
 3 disbursement of moneys from the [drug demand reduction
 
 4 assessments special] revolving fund shall be used to [supplement
 
 5 drug treatment and other drug demand reduction programs.] support
 
 6 statewide substance abuse prevention, intervention, and treatment
 
 7 programs, as directed by the state substance abuse policy
 
 8 council.
 
 9      [(3)] (4)  All monetary assessments paid and interest
 
10 accrued on funds collected pursuant to this section shall be
 
11 deposited into the [drug demand reduction assessments special]
 
12 revolving fund.  Any unexpended moneys remaining in the drug
 
13 demand reduction assessments special fund shall lapse into the
 
14 revolving fund.
 
15      [(4)] (5)  Restitution to the victim of a crime enumerated
 
16 in subsection (1) shall be made before payment of the monetary
 
17 assessment.
 
18      [(5)  The court shall not order the defendant to pay the
 
19 monetary assessment unless the defendant is or will be able to
 
20 pay the monetary assessment.]
 
21      (6)  Upon a showing by the defendant that the defendant is
 
22 or will be unable to pay the monetary assessment during the
 
23 period of the defendant's sentence, the court may decline to
 
24 order the defendant to pay the monetary assessment.""
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 10.  Act 205, Session Laws of Hawaii 1995, as
 
 2 amended by Act 7, Session Laws of Hawaii 1996, as amended by Act
 
 3 152, Session Laws of Hawaii 1998, is amended by amending section
 
 4 4 to read as follows:
 
 5      "SECTION 4.  This Act shall take effect upon its approval
 
 6 [and shall be repealed on June 30, 2001]."
 
 7      SECTION 11.  There is appropriated out of the general
 
 8 revenues of the State of Hawaii the sum of $150,000 or so much
 
 9 thereof as may be necessary for fiscal year 2000-2001 to be
 
10 deposited into the substance abuse programs revolving fund for
 
11 the purposes of this Act, including the hiring of necessary
 
12 staff.
 
13      The sum appropriated shall be expended by the office of the
 
14 governor.
 
15                             Part III
 
16      SECTION 12.  Section 321-191, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]321-191[]]  Definitions.  As used in this part:
 
19      ["Advisory commission" means the state advisory commission
 
20 on drug abuse and controlled substances established in section
 
21 329-2.]
 
22      "Department" means the department of health.
 

 
 
 
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 1      "Policy council" means the substance abuse policy council
 
 2 established in section 27-  .
 
 3      "Substance" means alcohol, any drug on schedules I through
 
 4 IV of chapter 329, or any substance [which] that includes in its
 
 5 composition volatile organic solvents.
 
 6      "Substance abuse" means the misuse of a substance or the use
 
 7 of a substance to an extent deemed deleterious or detrimental to
 
 8 the user, to others, or to society."
 
 9      SECTION 13. Section 321-193, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "321-193  Duties and responsibilities of department.  The 
 
12 department shall:
 
13      [(1) Coordinate all substance abuse programs including
 
14           rehabilitation, treatment, education, research, and
 
15           prevention activities.
 
16      (2)  Prepare, administer, and supervise the implementation
 
17           of a state plan for substance abuse which may consist
 
18           of a plan for alcohol abuse prevention and a plan for
 
19           drug abuse prevention.
 
20      (3)  Identify all funds, programs, and resources available
 
21           in the State, public and private, and from the federal
 
22           government which are being used or may be used to
 
23           support substance abuse prevention, rehabilitation,
 
24           treatment, education, and research activities.
 

 
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 1      (4)  Be the designated agency required by, and receive and
 
 2           administer all available substance abuse funds
 
 3           including but not limited to funds received from, the
 
 4           federal government under Public Law 92-255, Public Law
 
 5           91-616, Public Law 91-211, and Title IVA and XVI of the
 
 6           Social Security Act or other subsequent Acts of
 
 7           Congress which may amend or succeed such Acts.
 
 8      (5)  Encourage and coordinate the involvement of private and
 
 9           public agencies in the assessment of substance abuse
 
10           problems, needs, and resources.
 
11      (6)  Coordinate the delivery of available funding to public
 
12           and private agencies for program implementation.
 
13      (7)  Establish mechanisms and procedures for receiving and
 
14           evaluating program proposals, providing technical
 
15           assistance, monitoring programs and securing necessary
 
16           information from public and private agencies for the
 
17           purposes of planning, management, and evaluation.
 
18      (8)  Review the state plan for substance abuse annually for
 
19           the purpose of evaluation and make necessary amendments
 
20           to conform with the requirements of federal or state
 
21           laws.
 
22      (9)  Do all things necessary to effectuate the purposes of
 
23           this part.
 

 
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 1      (10) Certify program administrators, counselors and accredit
 
 2           programs related to substance abuse programs in
 
 3           accordance with rules to be promulgated by the
 
 4           department.]
 
 5      (1)  Develop and administer a certification program,
 
 6           including development of appropriate curriculum to
 
 7           achieve certification, that will provide sufficient
 
 8           substance abuse program administrators, counselors, and
 
 9           services to meet the needs identified in the statewide
 
10           master plan;
 
11      (2)  Coordinate the delivery of substance abuse education,
 
12           prevention, and treatment services provided by state
 
13           agencies;
 
14      (3)  Collect data and conduct research to evaluate
 
15           effectiveness of state-funded education, prevention,
 
16           and treatment programs;
 
17      (4)  Maintain the management information system to monitor
 
18           the implementation of the statewide master plan adopted
 
19           by the policy council;
 
20      (5)  Be the designated agency to receive and administer
 
21           funds received from the federal government under Public
 
22           Law 92-255, Public Law 91-616, Public Law 91-211, and
 
23           Titles IVA and XVI of the Social Security Act or other
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           subsequent Acts of Congress that may amend or succeed
 
 2           the Acts; and
 
 3      (6)  Submit an annual report to the policy council regarding
 
 4           the implementation of the statewide master plan and the
 
 5           efficacy of state-funded substance abuse programs."
 
 6      SECTION 14.  Section 353G-13, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "[[]353G-13[]]  Reporting and implementation.(a)  Every
 
 9 assessment program, treatment program, correctional center or
 
10 facility, and parole agency that provides services pursuant to
 
11 this chapter or that otherwise supervises a person or issues an
 
12 order pursuant to this chapter shall keep case-specific records
 
13 and aggregate data and statistics as may be required by the
 
14 department of health.
 
15      (b)  The department of public safety, in conjunction with
 
16 the department of health, shall report on an annual basis to the
 
17 legislature and to the governor, its findings concerning the need
 
18 for and implementation of the various provisions of this chapter.
 
19 The report shall include a synopsis of information or data
 
20 necessary to determine the impact, utility, and cost-benefits of
 
21 the provisions of this chapter.
 
22      (c)  [The department of public safety, in conjunction with
 
23 the department of health, shall establish an advisory board that
 

 
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 1 shall be comprised of judges, prosecutors, defense attorneys,
 
 2 adult probation officials, parole officials, correctional
 
 3 officials, representatives of assessment programs and treatment
 
 4 programs, and individuals working in licensed alcohol and other
 
 5 drug abuse treatment facilities who are past consumers of
 
 6 treatment services.  The advisory board shall meet periodically
 
 7 to discuss the provisions, implementation, and evaluation of this
 
 8 chapter, and to make recommendations to the department of health.
 
 9      (d)]  Except as provided in this chapter, all data,
 
10 information, or records kept or compiled pursuant to this section
 
11 shall be deemed to be government records for the purposes of
 
12 chapter 92F."
 
13      SECTION 15.  Sections 321-194 and 321-195, Hawaii Revised
 
14 Statutes, are repealed.
 
15      ["[321-194]  State advisory commission.  The state advisory
 
16 commission on drug abuse and controlled substances established in
 
17 section 329-2 shall advise the director on all matters relating
 
18 to substance abuse including but not limited to the preparation
 
19 of the state plan for substance abuse.  In addition, the advisory
 
20 commission shall perform such duties and assume such
 
21 responsibilities as required by federal law for the purpose of
 
22 receiving federal funding.
 

 
 
 
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 1      [321-195]  Annual report to the legislature.  The
 
 2 department shall submit an annual report to the legislature
 
 3 detailing its progress in the implementation of the state plan
 
 4 for substance abuse.  The report shall be submitted twenty days
 
 5 before the beginning of each regular session of the
 
 6 legislature."]
 
 7      SECTION 16.  Sections 329-2 through 329-4, Hawaii Revised
 
 8 Statutes, are repealed.
 
 9      ["329-2 Hawaii advisory commission on drug abuse and
 
10 controlled substances; number; appointment.(a)  There shall be
 
11 established a state advisory commission on drug abuse and
 
12 controlled substances consisting of not more than fifteen nor
 
13 less than nine members appointed by the governor, as provided in
 
14 section 26-34.  The members shall be selected on the basis of
 
15 their ability to contribute to the solution of problems arising
 
16 from the abuse of controlled substances, and to the extent
 
17 possible, shall represent the pharmacological, medical, community
 
18 and business affairs, youth action, educational, legal defense,
 
19 enforcement, and corrections segments of the community.  One of
 
20 the appointed members shall be a member of the state council on
 
21 mental health established by section 334-10, and shall be
 
22 knowledgeable about the community and the relationships between
 
23 mental health, mental illness, and substance abuse.  The
 

 
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 1 commission shall elect a chairperson from among its members.  The
 
 2 members shall serve without compensation, but shall be paid their
 
 3 necessary expenses in attending meetings of the commission.  The
 
 4 commission shall be a part of the department of health for
 
 5 administrative purposes; provided that the department of health
 
 6 shall appoint an ex-officio non-voting representative to the
 
 7 commission who shall regularly attend meetings of both this
 
 8 commission and the state council on mental health, and make
 
 9 regular reports to both bodies.
 
10      [329-3]  Annual report.  The commission shall prepare and
 
11 present to the governor in the month of January in each year a
 
12 report respecting its actions during the preceding fiscal year,
 
13 together with its recommendations respecting legislation, copies
 
14 of which reports shall be furnished by the governor to the
 
15 legislature.
 
16      329-4 Duties of the commission.  The commission shall:
 
17      (1)  Act in an advisory capacity to the department of public
 
18           safety relating to the scheduling of substances
 
19           provided in part II of this chapter, by recommending
 
20           the addition, deletion, or rescheduling of all
 
21           substances enumerated in part II of this chapter.
 
22      (2)  Act in an advisory capacity to the department of public
 
23           safety relating to establishment and maintenance of the
 

 
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 1           classes of controlled substances, as provided in part
 
 2           II of this chapter.
 
 3      (3)  Assist the department of health in coordinating all
 
 4           action programs of community agencies (state, county,
 
 5           military, or private) specifically focused on the
 
 6           problem of drug abuse.
 
 7      (4)  Assist the department of health in carrying out
 
 8           educational programs designed to prevent and deter
 
 9           abuse of controlled substances.
 
10      (5)  Encourage research on abuse of controlled substances.
 
11           In connection with such research, and in furtherance of
 
12           the enforcement of this chapter, it may, with the
 
13           approval of the director of health:
 
14           (A)  Establish methods to assess accurately the effects
 
15                of controlled substances and to identify and
 
16                characterize controlled substances with potential
 
17                for abuse;
 
18           (B)  Make studies and undertake programs of research
 
19                to:
 
20                (i)  Develop new or improved approaches,
 
21                     techniques, systems, equipment, and devices
 
22                     to strengthen the enforcement of this
 
23                     chapter;
 

 
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 1               (ii)  Determine patterns of abuse of controlled
 
 2                     substances and the social effects thereof;
 
 3                     and
 
 4              (iii)  Improve methods for preventing, predicting,
 
 5                     understanding, and dealing with the abuse of
 
 6                     controlled substances.
 
 7      (6)  Create public awareness and understanding of the
 
 8           problems of drug abuse.
 
 9      (7)  Sit in an advisory capacity to the governor and other
 
10           state departments as may be appropriate on matters
 
11           relating to the commission's work.
 
12      (8)  Act in an advisory capacity to the director of health
 
13           in substance abuse matters under chapter 321, part XVI.
 
14           For the purposes of this paragraph, "substance" shall
 
15           include alcohol in addition to any drug on schedules I
 
16           through IV of this chapter and any substance which
 
17           includes in its composition volatile organic
 
18           solvents."]
 
19                              Part IV
 
20      SECTION 17.  This Act does not affect rights and duties that
 
21 matured, penalties that were incurred, and proceedings that were
 
22 begun, before its effective date.
 

 
 
 
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 1      SECTION 18.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 19.  This Act shall take effect upon its approval;
 
 4 provided that part II shall take effect on July 1, 2000.
 
 5 
 
 6                       INTRODUCED BY:  ___________________________
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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