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.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.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 in order to track
 
16 and coordinate funding efforts.  
 
17      In order to address this growing problem and fragmentation
 
18 of the State's efforts, the legislature believes that there is an
 
19 urgent need to establish a substance abuse policy council to
 
20 develop statewide integrated substance abuse treatment and
 

 
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 1 prevention policy.  The legislature further agrees that the
 
 2 office of the governor is the most appropriate placement of this
 
 3 policy council, in light of the seriousness of this problem and
 
 4 the need for coordination of programs, services, and funding.
 
 5      Accordingly, the purpose of this Act is to establish a
 
 6 substance abuse policy council within the office of the governor
 
 7 to develop statewide policy regarding education, prevention and
 
 8 treatment 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 which 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 the governor or the
 
 3 governor's designed, the attorney general or the attorney
 
 4 general's designee, the director of budget and finance or the
 
 5 director's designee, the superintendent of education or the
 
 6 superintendent's designee, the director of health or the
 
 7 director's designee who shall be knowledgeable about substance
 
 8 abuse issues, a representative from the department of health
 
 9 knowledgeable about mental health issues to be appointed by the
 
10 director of health, the director of human services or the
 
11 director's designee, the director of the office of youth services
 
12 or the director's designee, the chief justice or the chief
 
13 justice's designee, the director of public safety or the
 
14 director's designee, the director of transportation or the
 
15 director's designee, the executive director of the housing and
 
16 community development corporation of Hawaii, one of the mayors to
 
17 be selected by the mayors or a designee, one of the prosecuting
 
18 attorneys to be selected by the prosecuting attorneys or a
 
19 designee, and the chair of the community alliance advisory
 
20 committee.
 
21      (b)  The governor or the governor's designee shall be the
 
22 chair of the policy council.  The policy council shall meet not
 
23 less than once per month, and upon the request of the chair.
 

 
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 1      (c)  The policy council shall establish a community alliance
 
 2 advisory committee to include but not be limited to members
 
 3 representing substance abuse program providers, clients of
 
 4 substance abuse programs, pharmacological, medical, community and
 
 5 business affairs, youth action, educational, legal defense,
 
 6 enforcement, and corrections segments of the community.  One of
 
 7 the appointed members shall be a member of the state council on
 
 8 mental health established by section 334-10, and shall be
 
 9 knowledgeable about the community and the relationships between
 
10 mental health, mental illness, and substance abuse.  The
 
11 committee shall appoint on an annual basis one member to serve as
 
12 chair of the committee.  The community alliance advisory
 
13 committee shall be convened on a quarterly basis to assist the
 
14 council in the development of the statewide integrated policy,
 
15 required under section 27-   .
 
16      (d)  The policy council shall:
 
17      (1)  Develop and annually update a comprehensive statewide
 
18           master plan and budget summary for the development,
 
19           implementation, and funding of a continuum of substance
 
20           abuse education, intervention, and treatment programs
 
21           under a statewide integrated policy;
 
22      (2)  Work cooperatively to establish a statewide management
 
23           information system to assist in monitoring and
 

 
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 1           evaluating the continuum of programs;
 
 2      (3)  Identify all funds, programs, and resources available
 
 3           in the State, public and private, and from the federal
 
 4           government, which are being used or may be used to
 
 5           support substance abuse prevention, education,
 
 6           treatment, and research activities;
 
 7      (4)  Make every effort to secure funds for research and
 
 8           development, training, and public education in the area
 
 9           of substance abuse education, prevention, and
 
10           treatment;
 
11      (5)  Serve as liaison between the federal government and the
 
12           State regarding funding sources, and coordinate funding
 
13           requests for substance abuse education, intervention,
 
14           and treatment programs to deter competition for
 
15           resources that could adversely affect implementation of
 
16           the master treatment plan;
 
17      (6)  Network with public and private agencies that come into
 
18           contact with substance abusers to keep abreast of
 
19           issues that impact upon, and increase community
 
20           awareness regarding, statewide substance abuse policy,
 
21           programs, and services; and
 
22      (7)  Share information and pool resources to carry out
 
23           responsibilities under this part.
 

 
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 1      27-   Substance abuse policy council coordinator.(a)
 
 2 There is established within the office of the governor a
 
 3 substance abuse policy council coordinator to be appointed by the
 
 4 governor as provided in section 26-34.
 
 5      (b)  The duties of the substance abuse policy council
 
 6 coordinator shall include but not be limited to:
 
 7      (1)  Serving as the coordinating officer to the substance
 
 8           abuse policy council to aid in the accomplishment of
 
 9           their duties;
 
10      (2)  Recommending to the substance abuse policy council the
 
11           changes necessary to increase the effectiveness of the
 
12           State's substance abuse programs;
 
13      (3)  Hiring such necessary personnel, without regards to
 
14           chapters 76 and 77, to carry out the purposes of this
 
15           part, including the hiring of a financial officer whose
 
16           responsibility will be to assist with the coordination
 
17           of funds and the securing of new funding opportunities
 
18           for all council members;
 
19      (4)  Promotion of the State's substance abuse awareness and
 
20           education efforts; and
 
21      (5)  Other necessary and desireable functions to facilitate
 
22           the intent of this part.
 

 
 
 
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 1      27-     Annual report.  The governor shall submit an annual
 
 2 report to the legislature to include but not be limited to:  the
 
 3 activities of the substance abuse policy council in the
 
 4 development of the statewide master plan; funding amounts sought
 
 5 and received from sources other than the State; funding amounts
 
 6 distributed and expended by agency to implement the purposes of
 
 7 this part; and recommendations regarding substance abuse policy.
 
 8 The report shall be submitted twenty days prior to the convening
 
 9 of each regular session of the legislature.
 
10      27-     Substance abuse programs revolving fund.(a)
 
11 There is created in the treasury of the State, the substance
 
12 abuse programs revolving fund, into which shall be deposited all
 
13 revenues collected by the department of taxation pursuant to
 
14 chapter 244D.  The revolving fund shall be used solely to support
 
15 the operations of the substance abuse policy council and any
 
16 substance abuse programs and services designated by legislative
 
17 appropriation.
 
18      (b)  The department of accounting and general services, with
 
19 the assistance of the council, shall submit an annual financial
 
20 statement to the legislature no later than twenty days prior to
 
21 the convening of each regular session."
 
22                             Part II.
 
23      SECTION 3.  Section 244D-2, Hawaii Revised Statutes, is
 
24 amended to read as follows:
 

 
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 1      "[244D-2]  Permit.(a)  It shall be unlawful for any
 
 2 dealer to sell liquor unless a permit has been issued to the
 
 3 dealer as hereinafter prescribed, and such permit is in full
 
 4 force and effect. 
 
 5      (b)  The liquor commission shall certify to the department
 
 6 of taxation from time to time and within forty-eight hours after
 
 7 such license is issued the name of every dealer, together with
 
 8 the dealer's place of business and the period covered by the
 
 9 dealer's license.  The department thereupon shall issue its
 
10 permit to such person for the period covered by the person's
 
11 license upon the payment of a permit fee of [$2.50.] $500.  The
 
12 permit shall be issued by the department as of the date when the
 
13 liquor commission issued the license. 
 
14      (c)  Any permit issued under this chapter shall not be
 
15 assignable; it shall be conspicuously displayed on the licensed
 
16 premises of the permittee; it shall expire on June 30 next
 
17 succeeding the date upon which it is issued, unless sooner
 
18 suspended, surrendered, or revoked for cause by the department;
 
19 and it shall be renewed annually before July 1, upon fulfillment
 
20 of all requirements as in the case of an original permit and the
 
21 payment of a renewal fee of [$2.50.] $500.  Whenever a permit is
 
22 defaced, destroyed, or lost, or the licensed premises are
 
23 relocated, the department may issue a duplicate permit to the
 

 
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 1 permittee upon the payment of a fee of [50 cents.] $50. 
 
 2      (d)  The department may suspend, or, after hearing, revoke,
 
 3 any permit issued under this chapter whenever it finds that the
 
 4 permittee has failed to comply with this chapter, or any rule or
 
 5 regulation of the department prescribed, adopted, and promulgated
 
 6 under this chapter.  Upon suspending or revoking any permit the
 
 7 department shall request the permittee to surrender to it
 
 8 immediately the permit, or any duplicate thereof issued to the
 
 9 permittee, and the permittee shall surrender the same promptly to
 
10 the department as requested.  Whenever the department suspends a
 
11 permit, it shall notify the permittee immediately and afford the
 
12 permittee a hearing, if desired, and if a hearing has not already
 
13 been afforded.  After the hearing the department shall either
 
14 rescind its order of suspension, or good cause appearing
 
15 therefor, shall continue the suspension or revoke the permit.  
 
16      (e)  All moneys collected pursuant to this section shall be
 
17 deposited into the substance abuse programs revolving fund
 
18 established under section 27-   ."
 
19      SECTION 4.  Section 244D-4, Hawaii Revised Statutes, is
 
20 amended by amending subsection (a) to read as follows:
 
21      "(a)  Every person who sells or uses any liquor in the State
 
22 not taxable under this chapter, in respect of the transaction by
 
23 which the person or the person's vendor acquired the liquor,
 

 
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 1 shall pay a gallonage tax which is hereby imposed at the
 
 2 following rates for the various liquor categories defined in
 
 3 section 244D-1:
 
 4      [For the period July 1, 1997, to June 30, 1998, the tax rate
 
 5 shall be:
 
 6      (1)  $5.92 per wine gallon on distilled spirits;
 
 7      (2)  $2.09 per wine gallon on sparkling wine;
 
 8      (3)  $1.36 per wine gallon on still wine;
 
 9      (4)  $0.84 per wine gallon on cooler beverages;
 
10      (5)  $0.92 per wine gallon on beer other than draft beer;
 
11      (6)  $0.53 per wine gallon on draft beer;]
 
12      On July 1, [1998] 2000, and thereafter, the tax rate shall
 
13 be:
 
14      (1)  [$5.98] $6.58 per wine gallon on distilled spirits;
 
15      (2)  [$2.12] $2.33 per wine gallon on sparkling wine;
 
16      (3)  [$1.38] $1.52 per wine gallon on still wine;
 
17      (4)  [$0.85] $0.94 per wine gallon on cooler beverages;
 
18      (5)  [$0.93] $1.02 per wine gallon on beer other than draft
 
19           beer;
 
20      (6)  [$0.54] $0.59 per wine gallon on draft beer;
 
21 and at a proportionate rate for any other quantity so sold or
 
22 used."
 

 
 
 
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 1      SECTION 5.  Section 244D-17, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]244D-17[]]  Disposition of revenues.  All moneys
 
 4 collected pursuant to this chapter shall be paid into the state
 
 5 treasury as state realizations, [to be kept and accounted for as
 
 6 provided by law.] provided that ten per cent of the moneys shall
 
 7 be deposited into the substance abuse programs revolving fund."
 
 8      SECTION 6.  Section 245-2, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "245-2 License.  (a)  It shall be unlawful for any person
 
11 to engage in the business of a wholesaler or dealer in the State
 
12 without having received first a license therefor issued by the
 
13 department of taxation under this chapter; provided that this
 
14 section shall not be construed to supersede any other law
 
15 relating to licensing of persons in the same business.
 
16      The license shall be issued by the department upon
 
17 application therefor, in such form and manner as shall be
 
18 required by rule of the department, and the payment of a fee of
 
19 [$2.50] $250, and shall be renewable annually on July 1 for the
 
20 twelve months ending the succeeding June 30. 
 
21      (b)  All moneys collected pursuant to this section shall be
 
22 deposited into the substance abuse programs revolving fund
 
23 established under section 27-   ."
 

 
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 1      SECTION 7.  Section 245-3, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "245-3  Taxes; limitations.(a)  Every wholesaler or
 
 4 dealer, in addition to any other taxes provided by law, shall pay
 
 5 for the privilege of conducting business and other activities in
 
 6 the State an:
 
 7      (1)  Excise tax equal to[:
 
 8           (A)  4.00 cents for each cigarette sold, used, or
 
 9                possessed by the wholesaler or dealer, after
 
10                August 31, 1997; and
 
11           (B)  5.00] 6.00 cents for each cigarette sold, used, or
 
12                possessed by a wholesaler or dealer after June 30,
 
13                1998,
 
14           whether or not sold at wholesale, or if not sold then
 
15           at the same rate upon the use by the wholesaler or
 
16           dealer; and
 
17      (2)  Excise tax equal to forty per cent of the wholesale
 
18           price of each article or item of tobacco products sold
 
19           by the wholesaler or dealer, whether or not sold at
 
20           wholesale, or if not sold then at the same rate upon
 
21           the use by the wholesaler or dealer.
 

 
 
 
 
 
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 1      Where the tax imposed has been paid on cigarettes or tobacco
 
 2 products which thereafter become the subject of a casualty loss
 
 3 deduction allowable under chapter 235, the tax paid shall be
 
 4 refunded or credited to the account of the wholesaler or dealer.
 
 5 In applying the tax, the tax shall be applied against the latest
 
 6 of the activities of selling, using, or possessing.  The tax
 
 7 shall be imposed at the time of the last of the following
 
 8 activities to occur:  the sale; the use; or the possession of
 
 9 cigarettes or tobacco products.
 
10      (b)  The taxes, however, are subject to the following
 
11 limitations:
 
12      (1)  The measure of the taxes shall not include any
 
13           cigarettes or tobacco products exempted, and so long as
 
14           the same are exempted, from the imposition of taxes by
 
15           the Constitution or laws of the United States;
 
16      (2)  The measure of taxes shall exempt and exclude all sales
 
17           of cigarettes and tobacco products to the United States
 
18           (including any agency or instrumentality thereof that
 
19           is wholly owned or otherwise so constituted as to be
 
20           immune from the levy of a tax under this chapter), sold
 

 
 
 
 
 
 
 
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 1           by any person licensed under this chapter; and
 
 2      (3)  The taxes shall be paid only once in respect of the
 
 3           same cigarettes or tobacco product.  This limitation
 
 4           shall not prohibit the imposition of the excise tax on
 
 5           receipts from sales of tobacco products under
 
 6           subsection (a)(2); provided that the amount subject to
 
 7           the tax on each sale shall not include amounts
 
 8           previously taxed under this chapter."
 
 9      SECTION 8.  Section 245-15, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "245-15  Disposition of revenues.  All moneys collected
 
12 pursuant to this chapter shall be paid into the state treasury as
 
13 state realizations [to be kept and accounted for as provided by
 
14 law.] provided that ten per cent of the moneys shall be deposited
 
15 into the substance abuse programs revolving fund."
 
16      SECTION 9.  Act 205, Session Laws of Hawaii 1995, as amended
 
17 by Act 7, Session Laws of Hawaii 1996, and Act 152, Session Laws
 
18 of Hawaii 1998, is amended as follows:
 
19      "SECTION 1.  Chapter 706, Hawaii Revised Statutes, is
 
20 amended by adding a new section to be appropriately designated
 
21 and to read as follows:
 

 
 
 
 
 
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 1      "706-      Drug demand reduction assessments; [special]
 
 2 substance abuse programs revolving fund.(1)  In addition to any
 
 3 disposition authorized by chapter 706 or 853, any person
 
 4 [convicted] who is:
 
 5      (a)  Convicted of [a felony or misdemeanor] an offense under
 
 6           part IV of chapter 712, except section 712-1250.5[,];
 
 7      (b)  Convicted under section 707-702.5;
 
 8      (c)  Convicted of a felony or misdemeanor offense under part
 
 9           IV of chapter 329;
 
10      (d)  Convicted under section 291-3.1, 291-3.2, 291-3.3, 291-
 
11           4, 291-4.3, 291-4.4, or 291-7; or
 
12 any person charged with [such an] any offense under paragraphs
 
13 (a) to (d) who has been granted a deferred acceptance of guilty
 
14 or no contest plea [may] shall be ordered to pay a monetary
 
15 assessment under subsection (2).
 
16      (2)  Monetary assessments for individuals subject to
 
17 subsection (1) shall not [exceeding] exceed the following:
 
18      (a)  $3,000 when the offense is a class A felony;
 
19      (b)  $2,000 when the offense is a class B felony;
 
20      (c)  $1,000 when the offense is a class C felony; [or]
 
21      (d)  $500 when the offense is a misdemeanor[.] other than a
 
22           misdemeanor in paragraph (e); or
 

 
 
 
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 1      (e)  $250 when the person has been found guilty of an
 
 2           offense under section 712-1249, 291-3.1, 291-3.2,
 
 3           291-3.3, 291-4, 291-4.3, or 291-7.
 
 4 Notwithstanding sections 706-640 and 706-641 and any other law to
 
 5 the contrary, the assessments provided by this section shall be
 
 6 in addition to and not in lieu of, and shall not be used to
 
 7 offset or reduce, any fine authorized or required by law.
 
 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      (3)  All moneys collected pursuant to this section shall be
 
12 deposited into the substance abuse programs revolving fund.  The
 
13 disbursement of moneys from the [drug demand reduction
 
14 assessments special] revolving fund shall be used to [supplement
 
15 drug treatment and other drug demand reduction programs.] support
 
16 statewide substance abuse prevention, intervention, and treatment
 
17 programs, as directed by the state substance abuse policy
 
18 council.
 
19     [(3) (4)  All monetary assessments paid and interest accrued
 
20 on funds collected pursuant to this section shall be deposited
 
21 into the [drug demand reduction assessments special] revolving
 
22 fund.  Any unexpended moneys remaining in the drug demand
 
23 reduction assessments special fund shall lapse into the revolving
 
24 fund.
 

 
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 1     [(4)] (5) Restitution to the victim of a crime enumerated in
 
 2 subsection (1) shall be made before payment of the monetary
 
 3 assessment.
 
 4     [(5)  The court shall not order the defendant to pay the
 
 5 monetary assessment unless the defendant is or will be able to
 
 6 pay the monetary assessment.]
 
 7      (6)  Upon a showing by the defendant that the defendant is
 
 8 or will be unable to pay the monetary assessment during the
 
 9 period of the defendant's sentence, the court may decline to
 
10 order the defendant to pay the monetary assessment."
 
11      SECTION 10.  Act 205, Session Laws of Hawaii 1995, as
 
12 amended by Act 7, Session Laws of Hawaii 1996, as amended by Act
 
13 152, Session Laws of Hawaii 1998, is amended by amending section
 
14 4 to read as follows:
 
15      "SECTION 4.  This Act shall take effect upon its approval
 
16 [and shall be repealed on June 30, 2001]."
 
17      SECTION 11.  There is appropriated out of the general
 
18 revenues of the State of Hawaii the sum of $150,000, or so much
 
19 thereof as may be necessary for fiscal year 2000-2001, to be
 
20 deposited into the substance abuse programs revolving fund for
 
21 the purposes of this Act, including the hiring of necessary
 
22 staff.  The sum appropriated shall be expended by the office of
 
23 the governor.
 

 
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 1                             Part III.
 
 2      SECTION 12.  Section 121-191, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "[[]321-191[]]  Definitions.  As used in this part:
 
 5      ["Advisory commission" means the state advisory commission
 
 6 on drug abuse and controlled substances established in section
 
 7 329-2.]
 
 8      "Department" means the department of health.
 
 9      "Policy council" means the substance abuse policy council
 
10 established in section 27-   
 
11      "Substance" means alcohol, any drug on schedules I through
 
12 IV of chapter 329, or any substance which includes in its
 
13 composition volatile organic solvents.
 
14      "Substance abuse" means the misuse of a substance or the use
 
15 of a substance to an extent deemed deleterious or detrimental to
 
16 the user, to others, or to society."
 
17      SECTION 13.  Section 321-193, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "321-193  Duties and responsibilities of department.  The
 
20 department shall:
 
21    [(1)   Coordinate all substance abuse programs including
 
22           rehabilitation, treatment, education, research, and
 
23           prevention activities.
 

 
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 1      (2)  Prepare, administer, and supervise the implementation
 
 2           of a state plan for substance abuse which may consist
 
 3           of a plan for alcohol abuse prevention and a plan for
 
 4           drug abuse prevention.
 
 5      (3)  Identify all funds, programs, and resources available
 
 6           in the State, public and private, and from the federal
 
 7           government which are being used or may be used to
 
 8           support substance abuse prevention, rehabilitation,
 
 9           treatment, education, and research activities.
 
10      (4)  Be the designated agency required by, and receive and
 
11           administer all available substance abuse funds
 
12           including but not limited to funds received from, the
 
13           federal government under Public Law 92-255, Public Law
 
14           91-616, Public Law 91-211, and Title IVA and XVI of the
 
15           Social Security Act or other subsequent Acts of
 
16           Congress which may amend or succeed such Acts.
 
17      (5)  Encourage and coordinate the involvement of private and
 
18           public agencies in the assessment of substance abuse
 
19           problems, needs, and resources.
 
20      (6)  Coordinate the delivery of available funding to public
 
21           and private agencies for program implementation.
 
22      (7)  Establish mechanisms and procedures for receiving and
 
23           evaluating program proposals, providing technical
 

 
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 1           assistance, monitoring programs and securing necessary
 
 2           information from public and private agencies for the
 
 3           purposes of planning, management, and evaluation.
 
 4      (8)  Review the state plan for substance abuse annually for
 
 5           the purpose of evaluation and make necessary amendments
 
 6           to conform with the requirements of federal or state
 
 7           laws.
 
 8      (9)  Do all things necessary to effectuate the purposes of
 
 9           this part.
 
10     (10)  Certify program administrators, counselors and accredit
 
11           programs related to substance abuse programs in
 
12           accordance with rules to be promulgated by the
 
13           department.]
 
14      (1)  Develop and administer a certification program,
 
15           including development of appropriate curriculum to
 
16           achieve certification, that will provide sufficient
 
17           substance abuse program administrators, counselors, and
 
18           services to meet the needs identified in the statewide
 
19           master plan.  
 
20      (2)  Coordinate the delivery of substance abuse education,
 
21           prevention, and treatment services provided by state
 
22           agencies.
 

 
 
 
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 1      (3)  Collect data and conduct research to evaluate
 
 2           effectiveness of state-funded education, prevention,
 
 3           and treatment programs.
 
 4      (4)  Maintain the management information system to monitor
 
 5           the implementation of the statewide master plan adopted
 
 6           by the policy council.
 
 7      (5)  Be the designated agency to receive and administer
 
 8           funds received from, the federal government under
 
 9           Public Law 92-255, Public Law 91-616, Public Law
 
10           91-211, and Title IVA and XVI of the Social Security
 
11           Act or other subsequent Acts of Congress which may
 
12           amend or succeed such Acts.
 
13      (6)  Submit an annual report to the policy council regarding
 
14           the implementation of the statewide master plan and the
 
15           efficacy of state-funded substance abuse programs."
 
16      SECTION 14.  Section 353G-13, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]353G-13[]]  Reporting and implementation.(a)  Every
 
19 assessment program, treatment program, correctional center or
 
20 facility, and parole agency that provides services pursuant to
 
21 this chapter or that otherwise supervises a person or issues an
 
22 order pursuant to this chapter shall keep case-specific records
 
23 and aggregate data and statistics as may be required by the
 
24 department of health.
 

 
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 1      (b)  The department of public safety, in conjunction with
 
 2 the department of health, shall report on an annual basis to the
 
 3 legislature and to the governor, its findings concerning the need
 
 4 for and implementation of the various provisions of this chapter.
 
 5 The report shall include a synopsis of information or data
 
 6 necessary to determine the impact, utility, and cost-benefits of
 
 7 the provisions of this chapter.
 
 8      (c)  [The department of public safety, in conjunction with
 
 9 the department of health, shall establish an advisory board that
 
10 shall be comprised of judges, prosecutors, defense attorneys,
 
11 adult probation officials, parole officials, correctional
 
12 officials, representatives of assessment programs and treatment
 
13 programs, and individuals working in licensed alcohol and other
 
14 drug abuse treatment facilities who are past consumers of
 
15 treatment services.  The advisory board shall meet periodically
 
16 to discuss the provisions, implementation, and evaluation of this
 
17 chapter, and to make recommendations to the department of health.
 
18      (d)]  Except as provided in this chapter, all data,
 
19 information, or records kept or compiled pursuant to this section
 
20 shall be deemed to be government records for the purposes of
 
21 chapter 92F."
 
22      SECTION 15.  Sections 321-194 and 321-195, Hawaii Revised
 
23 Statutes, are repealed.
 

 
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 1      ["[321-194]  State advisory commission.  The state advisory
 
 2 commission on drug abuse and controlled substances established in
 
 3 section 329-2 shall advise the director on all matters relating
 
 4 to substance abuse including but not limited to the preparation
 
 5 of the state plan for substance abuse.  In addition, the advisory
 
 6 commission shall perform such duties and assume such
 
 7 responsibilities as required by federal law for the purpose of
 
 8 receiving federal funding."]
 
 9      ["[321-195]  Annual report to the legislature.  The
 
10 department shall submit an annual report to the legislature
 
11 detailing its progress in the implementation of the state plan
 
12 for substance abuse.  The report shall be submitted twenty days
 
13 before the beginning of each regular session of the legislature."
 
14      SECTION 16.  Sections 329-2 through 329-4, Hawaii Revised
 
15 Statutes, are repealed.
 
16      ["329-2 Hawaii advisory commission on drug abuse and
 
17 controlled substances; number; appointment.  There shall be
 
18 established a state advisory commission on drug abuse and
 
19 controlled substances consisting of not more than fifteen nor
 
20 less than nine members appointed by the governor, as provided in
 
21 section 26-34.  The members shall be selected on the basis of
 
22 their ability to contribute to the solution of problems arising
 

 
 
 
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                                     S.B. NO.           
                                                        
                                                        

 
 1 from the abuse of controlled substances, and to the extent
 
 2 possible, shall represent the pharmacological, medical, community
 
 3 and business affairs, youth action, educational, legal defense,
 
 4 enforcement, and corrections segments of the community.  One of
 
 5 the appointed members shall be a member of the state council on
 
 6 mental health established by section 334-10, and shall be
 
 7 knowledgeable about the community and the relationships between
 
 8 mental health, mental illness, and substance abuse.  The
 
 9 commission shall elect a chairperson from among its members.  The
 
10 members shall serve without compensation, but shall be paid their
 
11 necessary expenses in attending meetings of the commission.  The
 
12 commission shall be a part of the department of health for
 
13 administrative purposes; provided that the department of health
 
14 shall appoint an ex-officio non-voting representative to the
 
15 commission who shall regularly attend meetings of both this
 
16 commission and the state council on mental health, and make
 
17 regular reports to both bodies."]
 
18      ["[329-3]  Annual report.  The commission shall prepare and
 
19 present to the governor in the month of January in each year a
 
20 report respecting its actions during the preceding fiscal year,
 
21 together with its recommendations respecting legislation, copies
 
22 of which reports shall be furnished by the governor to the
 
23 legislature."]
 

 
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 1      ["329-4 Duties of the commission.  The commission shall:
 
 2      (1)  Act in an advisory capacity to the department of public
 
 3           safety relating to the scheduling of substances
 
 4           provided in part II of this chapter, by recommending
 
 5           the addition, deletion, or rescheduling of all
 
 6           substances enumerated in part II of this chapter.
 
 7      (2)  Act in an advisory capacity to the department of public
 
 8           safety relating to establishment and maintenance of the
 
 9           classes of controlled substances, as provided in part
 
10           II of this chapter.
 
11      (3)  Assist the department of health in coordinating all
 
12           action programs of community agencies (state, county,
 
13           military, or private) specifically focused on the
 
14           problem of drug abuse.
 
15      (4)  Assist the department of health in carrying out
 
16           educational programs designed to prevent and deter
 
17           abuse of controlled substances.
 
18      (5)  Encourage research on abuse of controlled substances.
 
19           In connection with such research, and in furtherance of
 
20           the enforcement of this chapter, it may, with the
 
21           approval of the director of health:
 

 
 
 
 
 
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                                     S.B. NO.           
                                                        
                                                        

 
 1           (A)  Establish methods to assess accurately the effects
 
 2                of controlled substances and to identify and
 
 3                characterize controlled substances with potential
 
 4                for abuse;
 
 5           (B)  Make studies and undertake programs of research
 
 6                to:
 
 7                (i)  Develop new or improved approaches,
 
 8                     techniques, systems, equipment, and devices
 
 9                     to strengthen the enforcement of this
 
10                     chapter;
 
11               (ii)  Determine patterns of abuse of controlled
 
12                     substances and the social effects thereof;
 
13                     and
 
14              (iii)  Improve methods for preventing, predicting,
 
15                     understanding, and dealing with the abuse of
 
16                     controlled substances.
 
17      (6)  Create public awareness and understanding of the
 
18           problems of drug abuse.
 
19      (7)  Sit in an advisory capacity to the governor and other
 
20           state departments as may be appropriate on matters
 
21           relating to the commission's work.
 
22      (8)  Act in an advisory capacity to the director of health
 
23           in substance abuse matters under chapter 321, part XVI.
 
24           For the purposes of this paragraph, "substance" shall
 

 
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 1           include alcohol in addition to any drug on schedules I
 
 2           through IV of this chapter and any substance which
 
 3           includes in its composition volatile organic
 
 4           solvents."]
 
 5                             Part IV.
 
 6      SECTION 17.  This Act does not affect rights and duties that
 
 7 matured, penalties that were incurred, and proceedings that were
 
 8 begun, before its effective date.
 
 9      SECTION 18.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 19.  This Act shall take effect upon its approval;
 
12 provided that Part II shall take effect on July 1, 2000.
 
13 
 
14                       INTRODUCED BY:  ___________________________