Report Title:

Substance Abuse Policy Council

 

Description:

Establishes a substance abuse policy council within the office of the governor for three years to develop statewide policy regarding education, prevention, and treatment programs; makes appropriation for grant writer. (SD1)

 

THE SENATE

S.B. NO.

921

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to substance abuse.

 

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

SECTION 1. The legislature finds that substance abuse touches our community in many different ways. The high social and financial costs of substance abuse-related problems include domestic violence, motor vehicle accidents caused by driving under the influence, prostitution, property crime, and rising health care costs stemming from drug-exposed infants and children. The legislature further finds there is no current effective statewide drug control policy or interagency collaborative effort. The individual efforts of the several state agencies to address substance abuse are fragmented and do not sufficiently address this growing social disease. The legislature further notes that many other states provide for the distribution of federal and other funds in support of substance abuse programs through the governor's office in order to track and coordinate funding efforts.

In order to address this growing problem and fragmentation of the State's efforts, the legislature believes that there is an urgent need to establish a substance abuse policy council to develop a statewide integrated substance abuse treatment and prevention policy. The legislature further agrees that the office of the governor is the most appropriate placement of this policy council, in light of the seriousness of this problem and the need for coordination of programs, services, and funding.

Accordingly, the purpose of this Act is to establish a substance abuse policy council within the office of the governor to develop statewide policy regarding education, prevention and treatment programs.

SECTION 2. Chapter 27, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   . SUBSTANCE ABUSE POLICY AND PROGRAMS

§27-A Definitions. As used in this part:

"Substance" means alcohol, any drug on schedules I through IV of chapter 329, or any substance which includes in its composition volatile organic solvents.

"Substance abuse" means the misuse of a substance or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society.

§27-B Substance abuse policy council. (a) There is established within the office of the governor, a temporary substance abuse policy council for the purposes of developing statewide policy and funding sources for the implementation of substance abuse education, intervention, and treatment programs and services. The policy council shall be composed of:

(1) The governor, or designee;

(2) The attorney general, or designee;

(3) The director of finance, or designee;

(4) The superintendent of education, or designee;

(5) The director of health, or designee;

(6) The director of human services, or designee;

(7) The chief justice, or designee;

(8) The director of public safety, or designee;

(9) The director of transportation, or designee;

(10) The executive director of the housing and community development corporation of Hawaii, or designee;

(11) The director of the office of youth services, or designee;

(12) The mayors of each county, or their designees;

(13) The chairperson of the community alliance advisory committee; and

(14) An ex-offender, selected by the director of public safety.

(b) The governor shall be the chairperson of the policy council. The policy council shall meet not less than once per month, and upon the request of the chairperson.

(c) The policy council shall establish and nominate for appointment by the governor members of the community representing providers and clients of substance abuse education, intervention, and prevention programs to serve in an advisory capacity to assist the council in the development of the statewide integrated policy.

(d) The policy council shall:

(1) Develop and annually update a comprehensive statewide master plan for the development, implementation, and funding of a continuum of substance abuse education, intervention, and treatment programs under a statewide integrated policy;

(2) Work cooperatively to develop a statewide management information system to assist in monitoring and evaluating the continuum of programs and services;

(3) Make every effort to secure grant funds for research and development, training, and public education in the area of substance abuse prevention and treatment;

(4) Network with public and private agencies that come into contact with substance abusers to keep abreast of issues that impact upon, and increase community awareness regarding, statewide substance abuse policy, programs, and services;

(5) Share information and pool resources to carry out responsibilities under this part;

(6) Coordinate funding requests for substance abuse education, intervention, and treatment programs and services to deter competition for resources that might result in an imbalance in program development that is detrimental to the master plan treatment concept; and

(7) Cease to exist on June 30, 2004.

§27-C Personnel. The governor may hire such necessary personnel to carry out the purposes of this part, without regard to chapter 76.

§27-D Annual report. The governor shall submit an annual report to the legislature detailing the progress of the substance abuse policy council in the development and implementation of the statewide master plan, including funding amounts sought and received from sources other than the State, and amounts distributed to implement the purposes of this part. The report shall be submitted twenty days prior to the convening of each regular session of the legislature.

§27-E Substance abuse policy council special fund. (a) There is created in the treasury of the State, the substance abuse policy council special fund, into which shall be deposited $           of the revenues collected by the department of taxation under section 244D-17. The special fund shall be used solely to support the operations of the substance abuse policy council and any programs and services so designated by legislative appropriation.

(b) The department of accounting and general services, with the assistance of the council, shall submit an annual financial statement to the legislature no later than twenty days prior to the convening of each regular session."

SECTION 3. Section 244D-17, Hawaii Revised Statutes, is amended to read as follows:

"[[]§244D-17[]] Disposition of revenues. All moneys collected pursuant to this chapter shall be paid into the state treasury as state realizations[, to be kept and accounted for as provided by law.]; provided that $          , shall be deposited each year into the substance abuse policy council special fund under section 27-E."

SECTION 4. Section 321-191, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-191[]] Definitions. As used in this part:

["Advisory commission" means the state advisory commission on drug abuse and controlled substances established in section 329-2.]

"Department" means the department of health.

"Policy council" means the statewide council established in section 27-B.

"Substance" means alcohol, any drug on schedules I through IV of chapter 329, or any substance which includes in its composition volatile organic solvents.

"Substance abuse" means the misuse of a substance or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society."

SECTION 5. Section 321-193, Hawaii Revised Statutes, is amended to read as follows:

"§321-193 Duties and responsibilities of department. The department shall:

(1) Coordinate all substance abuse programs including rehabilitation, treatment, education, research, and prevention activities[.] as directed in the statewide master plan adopted by the policy council;

[(2) Prepare, administer, and supervise the implementation of a state plan for substance abuse which may consist of a plan for alcohol abuse prevention and a plan for drug abuse prevention.

(3)] (2) Identify all funds, programs, and resources available in the State, public and private, and from the federal government, which are being used or may be used to support substance abuse prevention, rehabilitation, treatment, education, and research activities[.], and submit a monthly report to the policy council regarding these funds, programs, and resources;

[(4)] (3) Be the designated agency [required by, and] to receive and administer all available substance abuse funds including but not limited to funds received from, the federal government under Public Law 92-255, Public Law 91-616, Public Law 91-211, and Title IVA and XVI of the Social Security Act or other subsequent Acts of Congress which may amend or succeed such Acts[.], and submit a monthly report to the policy council regarding the use of these funds;

[(5) Encourage and coordinate the involvement of private and public agencies in the assessment of substance abuse problems, needs, and resources.

(6)] (4) Coordinate the delivery of available funding to public and private agencies for program implementation[.], as directed in the statewide master plan adopted by the policy council;

[(7)] (5) Establish mechanisms and procedures for receiving and evaluating program proposals, providing technical assistance, monitoring programs and securing necessary information from public and private agencies for the purposes of planning, management, and evaluation[.];

[(8) Review the state plan for substance abuse annually for the purpose of evaluation and make necessary amendments to conform with the requirements of federal or state laws.

(9)] (6) Do all things necessary to effectuate the purposes of this part[.]; and

[(10)] (7) Certify program administrators[,] and counselors and accredit programs related to substance abuse programs in accordance with rules to be promulgated by the department."

SECTION 6. Section 321-194, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-194[]] [State advisory commission.] State policy council. The state [advisory commission on drug abuse and controlled substances established in section 329-2] policy council shall advise the director on all matters relating to substance abuse [including but not limited to the preparation of the state plan for substance abuse.] policy as adopted in the statewide master plan. In addition, the [advisory commission] policy council shall perform such duties and assume such responsibilities as required by federal law for the purpose of receiving federal funding."

SECTION 7. Section 321-195, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-195[]] Annual report to the [legislature.] policy council. The department shall submit an annual report to the [legislature] policy council detailing its progress in the implementation of the [state] statewide master plan for substance abuse. The report shall be [submitted twenty days before the beginning of each regular session of the legislature.] incorporated into the report submitted to the legislature by the policy council as required under section 27-D."

SECTION 8. Section 353G-13, Hawaii Revised Statutes, is amended to read as follows:

"[[]§353G-13[]] Reporting and implementation. (a) Every assessment program, treatment program, correctional center or facility, and parole agency that provides services pursuant to this chapter or that otherwise supervises a person or issues an order pursuant to this chapter shall keep case-specific records and aggregate data and statistics as may be required by the department of health.

(b) The department of public safety, in conjunction with the department of health, shall report on an annual basis to the legislature and to the governor, its findings concerning the need for and implementation of the various provisions of this chapter. The report shall include a synopsis of information or data necessary to determine the impact, utility, and cost-benefits of the provisions of this chapter.

[(c) The department of public safety, in conjunction with the department of health, shall establish an advisory board that shall be comprised of judges, prosecutors, defense attorneys, adult probation officials, parole officials, correctional officials, representatives of assessment programs and treatment programs, and individuals working in licensed alcohol and other drug abuse treatment facilities who are past consumers of treatment services. The advisory board shall meet periodically to discuss the provisions, implementation, and evaluation of this chapter, and to make recommendations to the department of health.

(d)] (c) Except as provided in this chapter, all data, information, or records kept or compiled pursuant to this section shall be deemed to be government records for the purposes of chapter 92F."

SECTION 9. Sections 329-2 to 329-4, Hawaii Revised Statutes, are repealed.

["§329-2 Hawaii advisory commission on drug abuse and controlled substances; number; appointment. (a) There shall be established a state advisory commission on drug abuse and controlled substances consisting of not more than fifteen nor less than nine members appointed by the governor, as provided in section 26-34. The members shall be selected on the basis of their ability to contribute to the solution of problems arising from the abuse of controlled substances, and to the extent possible, shall represent the pharmacological, medical, community and business affairs, youth action, educational, legal defense, enforcement, and corrections segments of the community. One of the appointed members shall be a member of the state council on mental health established by section 334-10, and shall be knowledgeable about the community and the relationships between mental health, mental illness, and substance abuse. The commission shall elect a chairperson from among its members. The members shall serve without compensation, but shall be paid their necessary expenses in attending meetings of the commission. The commission shall be a part of the department of health for administrative purposes; provided that the department of health shall appoint an ex-officio non-voting representative to the commission who shall regularly attend meetings of both this commission and the state council on mental health, and make regular reports to both bodies.

[§329-3] Annual report. The commission shall prepare and present to the governor in the month of January in each year a report respecting its actions during the preceding fiscal year, together with its recommendations respecting legislation, copies of which reports shall be furnished by the governor to the legislature.

§329-4 Duties of the commission. The commission shall:

(1) Act in an advisory capacity to the department of public safety relating to the scheduling of substances provided in part II of this chapter, by recommending the addition, deletion, or rescheduling of all substances enumerated in part II of this chapter.

(2) Act in an advisory capacity to the department of public safety relating to establishment and maintenance of the classes of controlled substances, as provided in part II of this chapter.

(3) Assist the department of health in coordinating all action programs of community agencies (state, county, military, or private) specifically focused on the problem of drug abuse.

(4) Assist the department of health in carrying out educational programs designed to prevent and deter abuse of controlled substances.

(5) Encourage research on abuse of controlled substances. In connection with such research, and in furtherance of the enforcement of this chapter, it may, with the approval of the director of health:

(A) Establish methods to assess accurately the effects of controlled substances and to identify and characterize controlled substances with potential for abuse;

(B) Make studies and undertake programs of research to:

(i) Develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of this chapter;

(ii) Determine patterns of abuse of controlled substances and the social effects thereof; and

(iii) Improve methods for preventing, predicting, understanding, and dealing with the abuse of controlled substances.

(6) Create public awareness and understanding of the problems of drug abuse.

(7) Sit in an advisory capacity to the governor and other state departments as may be appropriate on matters relating to the commission's work.

(8) Act in an advisory capacity to the director of health in substance abuse matters under chapter 321, part XVI. For the purposes of this paragraph, "substance" shall include alcohol in addition to any drug on schedules I through IV of this chapter and any substance which includes in its composition volatile organic solvents."]

SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2001-2002, for the hiring of a grant writer, who shall be exempt from chapters 76 and 77, to apply for federal and private grants relating to substance abuse.

The sum appropriated shall be expended by the office of the governor.

SECTION 11. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect upon its approval; provided that section 10 shall take effect on July 1, 2001; and provided further that this Act shall be repealed on June 30, 2004, and sections 244D-17, 321-191, 321-193, 321-194, 321-195, 329-2, 329-3, 329-4, and 353G-13, shall be reenacted in the form in which they read on June 30, 2001.