REPORT TITLE:
Substance abuse policy council


DESCRIPTION:
Establishes a substance abuse multi-agency coordinating council
within the department of health to develop statewide policy
regarding education, prevention, and treatment programs.
Provides funding sources and mechanisms.  (HB2894 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2894
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
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.
 
11      The legislature further finds that there has been an
 
12 increase in demand for substance abuse treatment services without
 
13 a commensurate increase in resources.  To address this issue, the
 
14 legislature is increasing resources through funding mechanisms
 
15 contained in this measure.
 
16      The purpose of this part is to require the department of
 
17 health to convene a substance abuse multi-agency coordinating
 
18 council to ensure that policies for substance abuse prevention
 
19 and treatment are consistent with statewide goals and to identify
 

 
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 1 funding opportunities to support statewide substance abuse
 
 2 prevention and treatment programs and other related research
 
 3 activities.
 
 4      SECTION 2.  Chapter 27, Hawaii Revised Statutes, is amended
 
 5 by adding a new part to be appropriately designated and to read
 
 6 as follows:
 
 7    "PART  .  SUBSTANCE ABUSE MULTI-AGENCY COORDINATING COUNCIL
 
 8      §27-  Substance abuse multi-agency coordinating council.
 
 9 (a)  The department of health shall convene a substance abuse
 
10 multi-agency coordinating council (SAMACC) to develop a statewide
 
11 integrated policy, providing direction for substance abuse
 
12 prevention and treatment programs.
 
13      (b)  The SAMACC shall develop statewide policies to promote
 
14 integrated and coordinated substance abuse prevention and
 
15 treatment systems for the State and identify funding
 
16 opportunities in support of implementing all elements of
 
17 substance abuse system.
 
18      (c)  The director of health or the director's designee shall
 
19 be the chair of the SAMACC or there shall be a rotating chair as
 
20 established by majority vote of the SAMACC.  The SAMACC shall
 
21 meet not less than once per month, and upon the request of the
 
22 chair.
 

 
 
 
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 1      (d)  SAMACC shall:
 
 2      (1)  Develop an integrated substance abuse prevention and
 
 3           treatment policy direction for the State, and include
 
 4           the statewide policy in its respective agencies;
 
 5      (2)  Identify infrastructure needs and resources, and
 
 6           identify funding opportunities in support of a
 
 7           statewide management information system to assist in
 
 8           monitoring and evaluating the continuum of programs;
 
 9      (3)  Assist state agencies in identifying all public and
 
10           private funds, programs, and resources being used, or
 
11           that may be used, to support substance abuse
 
12           prevention, treatment, and research activities;
 
13      (4)  Identify funding opportunities and assist state
 
14           agencies in securing funds for research and
 
15           development, training, and public education in the area
 
16           of substance abuse prevention and treatment; and
 
17      (5)  Assist state agencies in promoting collaboration of
 
18           efforts, as well as coordinating their funding requests
 
19           to avoid duplication of effort and to maximize
 
20           integration and coordination.
 
21      (e)  The department of health shall:
 
22      (1)  Provide staffing for the SAMACC;
 

 
 
 
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 1      (2)  Serve as the multi-agency task force lead facilitator
 
 2           and coordinator;
 
 3      (3)  Provide the latest research and quality assurance
 
 4           review findings to assist the task force in identifying
 
 5           promising strategies to increase the effectiveness of
 
 6           the statewide prevention and treatment continuum of
 
 7           programs;
 
 8      (4)  Hire a person exempt from chapters 76 and 77, with
 
 9           experience as a grantwriter to assist SAMACC and the
 
10           state agencies in securing additional funding in
 
11           support of an integrated continuum of programs; and
 
12      (5)  Assist the SAMACC in promoting substance abuse
 
13           awareness and education efforts.
 
14      (f)  The department of health shall submit annually a report
 
15 to the governor and the legislature on SAMACC activities to
 
16 develop an integrated substance abuse policy, including
 
17 information on the extent to which program planning and funding
 
18 requests have been integrated and coordinated.
 
19      §27-    Substance abuse programs revolving fund.  There is
 
20 created in the treasury of the State the substance abuse programs
 
21 revolving fund that shall be deposited all revenues collected by
 
22 the department of taxation pursuant to chapter 244D.  The
 
23 revolving fund shall be used solely to support the operations of
 
24 any substance abuse program."
 

 
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 1                              PART II
 
 2     SECTION 3.  The purpose of this part is to provide additional
 
 3 funding sources for the substance abuse programs revolving fund,
 
 4 for the prevention and treatment of substance abuse in Hawaii.
 
 5     SECTION 4.  Section 244D-2, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7     "[[]§244D-2[]]  Permit.(a)  It shall be unlawful for any
 
 8 dealer to sell liquor unless a permit has been issued to the
 
 9 dealer as hereinafter prescribed, and [such] the permit is in
 
10 full force and effect. 
 
11     (b)  The liquor commission shall certify to the department of
 
12 taxation from time to time and within forty-eight hours after
 
13 [such] the license is issued the name of every dealer, together
 
14 with the dealer's place of business and the period covered by the
 
15 dealer's license.  The department thereupon shall issue its
 
16 permit to [such] the person for the period covered by the
 
17 person's license upon the payment of a permit fee of [$2.50.]
 
18 $500.  The permit shall be issued by the department as of the
 
19 date when the liquor commission issued the license. 
 
20     (c)  Any permit issued under this chapter shall [not be]:
 
21     (1)   Not be assignable; [it shall be]
 
22     (2)   Be conspicuously displayed on the licensed premises of
 
23           the permittee; [it shall expire]
 

 
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 1     (3)   Expire on June 30 next succeeding the date upon which
 
 2           it is issued, unless sooner suspended, surrendered, or
 
 3           revoked for cause by the department; and [it shall be]
 
 4     (4)   Be renewed annually before July 1, upon fulfillment of
 
 5           all requirements as in the case of an original permit
 
 6           and the payment of a renewal fee of [$2.50.] $250.
 
 7     Whenever a permit is defaced, destroyed, or lost, or the
 
 8 licensed premises are relocated, the department may issue a
 
 9 duplicate permit to the permittee upon the payment of a fee of
 
10 [50 cents.] $50.
 
11     (d)  The department may suspend, or, after hearing, revoke,
 
12 any permit issued under this chapter whenever it finds that the
 
13 permittee has failed to comply with this chapter, or any rule or
 
14 regulation of the department prescribed, adopted, and promulgated
 
15 under this chapter.  Upon suspending or revoking any permit the
 
16 department shall request the permittee to surrender to it
 
17 immediately the permit, or any duplicate thereof issued to the
 
18 permittee, and the permittee shall surrender the same promptly to
 
19 the department as requested.  Whenever the department suspends a
 
20 permit, it shall notify the permittee immediately and afford the
 
21 permittee a hearing, if desired, and if a hearing has not already
 
22 been afforded.  After the hearing the department shall either
 

 
 
 
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 1 rescind its order of suspension, or good cause appearing
 
 2 therefor, shall continue the suspension or revoke the permit.
 
 3     (e)  All moneys collected pursuant to this section shall be
 
 4 deposited into the substance abuse programs revolving fund
 
 5 established under section 27-  ."
 
 6      SECTION 5.  Section 244D-4, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (a) to read as follows:
 
 8      "(a)  Every person who sells or uses any liquor in the State
 
 9 not taxable under this chapter, in respect of the transaction by
 
10 which the person or the person's vendor acquired the liquor,
 
11 shall pay a gallonage tax [which] that is hereby imposed at the
 
12 following rates for the various liquor categories defined in
 
13 section 244D-1:
 
14      [For the period July 1, 1997, to June 30, 1998, the tax rate
 
15 shall be:
 
16      (1)  $5.92 per wine gallon on distilled spirits;
 
17      (2)  $2.09 per wine gallon on sparkling wine;
 
18      (3)  $1.36 per wine gallon on still wine;
 
19      (4)  $0.84 per wine gallon on cooler beverages;
 
20      (5)  $0.92 per wine gallon on beer other than draft beer;
 
21      (6)  $0.53 per wine gallon on draft beer;]
 
22      On July 1, [1998] 2000, and thereafter, the tax rate shall
 
23 be:
 

 
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 1      (1)  [$5.98] $6.58 per wine gallon on distilled spirits;
 
 2      (2)  [$2.12] $2.33 per wine gallon on sparkling wine;
 
 3      (3)  [$1.38] $1.52 per wine gallon on still wine;
 
 4      (4)  [$0.85] $0.94 per wine gallon on cooler beverages;
 
 5      (5)  [$0.93] $1.02 per wine gallon on beer other than draft
 
 6           beer; and
 
 7      (6)  [$0.54] $0.59 per wine gallon on draft beer;
 
 8 and at a proportionate rate for any other quantity so sold or
 
 9 used."
 
10      SECTION 6.  Section 244D-17, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "[[]§244D-17[]]  Disposition of revenues.  All moneys
 
13 collected pursuant to this chapter shall be paid into the state
 
14 treasury as state realizations[, to be kept and accounted for as
 
15 provided by law.]; provided that ten per cent of the moneys shall
 
16 be deposited into the substance abuse programs revolving fund."
 
17      SECTION 7.  Section 245-2, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§245-2 License. (a) It shall be unlawful for any person to
 
20 engage in the business of a wholesaler or dealer in the State
 
21 without having received first a license therefor issued by the
 
22 department of taxation under this chapter; provided that this
 
23 section shall not be construed to supersede any other law
 
24 relating to licensing of persons in the same business.
 

 
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 1      The license shall be issued by the department upon
 
 2 application therefor, in [such] the form and manner as shall be
 
 3 required by rule of the department, and the payment of a fee of
 
 4 [$2.50,] $250, and shall be renewable annually on July 1 for the
 
 5 twelve months ending the succeeding June 30.
 
 6      (b)  All moneys collected pursuant to this section shall be
 
 7 deposited into the substance abuse programs revolving fund
 
 8 established under section 27-  ."
 
 9      SECTION 8.  Section 245-3, Hawaii Revised Statutes, is
 
10 amended by amending subsection (a) to read as follows:
 
11      "(a)  Every wholesaler or dealer, in addition to any other
 
12 taxes provided by law, shall pay for the privilege of conducting
 
13 business and other activities in the State an:
 
14      (1)  Excise tax equal to[:
 
15           (A)  4.00 cents for each cigarette sold, used, or
 
16                possessed by the wholesaler or dealer, after
 
17                August 31, 1997; and
 
18           (B)  5.00] 6.00 cents for each cigarette sold, used, or
 
19                possessed by a wholesaler or dealer after June 30,
 
20                1998, whether or not sold at wholesale, or if not
 
21                sold then at the same rate upon the use by the
 
22                wholesaler or dealer; and
 

 
 
 
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 1      (2)  Excise tax equal to forty per cent of the wholesale
 
 2           price of each article or item of tobacco products sold
 
 3           by the wholesaler or dealer, whether or not sold at
 
 4           wholesale, or if not sold then at the same rate upon
 
 5           the use by the wholesaler or dealer.
 
 6      Where the tax imposed has been paid on cigarettes or tobacco
 
 7 products which thereafter become the subject of a casualty loss
 
 8 deduction allowable under chapter 235, the tax paid shall be
 
 9 refunded or credited to the account of the wholesaler or dealer.
 
10 In applying the tax, the tax shall be applied against the latest
 
11 of the activities of selling, using, or possessing.  The tax
 
12 shall be imposed at the time of the last of the following
 
13 activities to occur: the sale; the use; or the possession of
 
14 cigarettes or tobacco products."
 
15      SECTION 9.  Section 245-15, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "§245-15  Disposition of revenues.  All moneys collected
 
18 pursuant to this chapter shall be paid into the state treasury as
 
19 state realizations [to be kept and accounted for as provided by
 
20 law.]; provided that ten per cent of the moneys shall be
 
21 deposited into the substance abuse programs revolving fund."
 
22      SECTION 10.  Section 353G-13, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "[[]§353G-13[]]  Reporting and implementation.(a)  Every
 
 2 assessment program, treatment program, correctional center or
 
 3 facility, and parole agency that provides services pursuant to
 
 4 this chapter or that otherwise supervises a person or issues an
 
 5 order pursuant to this chapter shall keep case-specific records
 
 6 and aggregate data and statistics as may be required by the
 
 7 department of health.
 
 8      (b)  The department of public safety, in conjunction with
 
 9 the department of health, shall report on an annual basis to the
 
10 legislature and to the governor, its findings concerning the need
 
11 for and implementation of the various provisions of this chapter.
 
12 The report shall include a synopsis of information or data
 
13 necessary to determine the impact, utility, and cost-benefits of
 
14 the provisions of this chapter.
 
15      (c)  [The department of public safety, in conjunction with
 
16 the department of health, shall establish an advisory board that
 
17 shall be comprised of judges, prosecutors, defense attorneys,
 
18 adult probation officials, parole officials, correctional
 
19 officials, representatives of assessment programs and treatment
 
20 programs, and individuals working in licensed alcohol and other
 
21 drug abuse treatment facilities who are past consumers of
 
22 treatment services.  The advisory board shall meet periodically
 
23 to discuss the provisions, implementation, and evaluation of this
 
24 chapter, and to make recommendations to the department of health.
 

 
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 1      (d)]  Except as provided in this chapter, all data,
 
 2 information, or records kept or compiled pursuant to this section
 
 3 shall be deemed to be government records for the purposes of
 
 4 chapter 92F."
 
 5      SECTION 11.  Act 205, Session Laws of Hawaii 1995, is
 
 6 amended by amending section 1 to read as follows:
 
 7      "SECTION 1.  Chapter 706, Hawaii Revised Statutes, is
 
 8 amended by adding a new section to be appropriately designated
 
 9 and to read as follows:
 
10      "§706-   Drug demand reduction assessments; [special]
 
11 substance abuse programs revolving fund.(1)  In addition to any
 
12 disposition authorized by chapter 706 or 853, any person
 
13 [convicted] who is:
 
14      (a)  Convicted of [a felony or misdemeanor] an offense under
 
15           part IV of chapter 712, except section 712-1250.5[, or
 
16           any person charged];
 
17      (b)  Convicted under section 707-702.5;
 
18      (c)  Convicted of a felony or misdemeanor offense under part
 
19           IV of chapter 329;
 
20      (d)  Convicted under section 291-3.1, 291-3.2, 291-3.3,
 
21           291-4, 291-4.3, 291-4.4, or 291-7; or
 
22      (e)  Charged with [such an] any offense under paragraphs (a)
 
23           through (d) who has been granted a deferred acceptance
 
24           of guilty or no contest plea [may],
 

 
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 1 shall be ordered to pay a monetary assessment under subsection
 
 2 (2).
 
 3      (2) [There is established a special fund to be known as the
 
 4 "drug demand reduction assessments special fund" to be
 
 5 administered by the department of health.]
 
 6      Monetary assessments for individuals subject to subsection
 
 7 (1) shall not [exceeding] exceed the following:
 
 8      (a)  $3,000 when the offense is a class A felony;
 
 9      (b)  $2,000 when the offense is a class B felony;
 
10      (c)  $1,000 when the offense is a class C felony; [or]
 
11      (d)  $500 when the offense is a misdemeanor[.] other than a
 
12           misdemeanor in paragraph (e); or
 
13      (e)  $250 when the person has been found guilty of an
 
14           offense under section 712-1249, 291-3.1, 291-3.2,
 
15           291-3.3, 291-4, 291-4.3, or 291-7.
 
16 Notwithstanding sections 706-640 and 706-641 and any other law to
 
17 the contrary, the assessments provided by this section shall be
 
18 in addition to and not in lieu of, and shall not be used to
 
19 offset or reduce, any fine authorized or required by law.
 
20      (3)  All moneys collected pursuant to this section shall be
 
21 deposited into the substance abuse programs revolving fund.  The
 
22 disbursement of moneys from the [drug demand reduction
 
23 assessments special] revolving fund shall be used to [supplement
 

 
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 1 drug treatment and other drug demand reduction programs.] support
 
 2 statewide substance abuse prevention, intervention, and treatment
 
 3 programs, as directed by the state substance abuse policy
 
 4 council.
 
 5      [(3)] (4)  All monetary assessments paid and interest
 
 6 accrued on funds collected pursuant to this section shall be
 
 7 deposited into the [drug demand reduction assessments special]
 
 8 revolving fund.  Any unexpended moneys remaining in the drug
 
 9 demand reduction assessments special fund shall lapse into the
 
10 revolving fund.
 
11      [(4)] (5)  Restitution to the victim of a crime enumerated
 
12 in subsection (1) shall be made before payment of the monetary
 
13 assessment.
 
14      [(5)  The court shall not order the defendant to pay the
 
15 monetary assessment unless the defendant is or will be able to
 
16 pay the monetary assessment.]
 
17      (6)  Upon a showing by the defendant that the defendant is
 
18 or will be unable to pay the monetary assessment during the
 
19 period of the defendant's sentence, the court may decline to
 
20 order the defendant to pay the monetary assessment.""
 
21      SECTION 12.  Act 205, Session Laws of Hawaii 1995, as
 
22 amended by Act 7, Session Laws of Hawaii 1996, as amended by Act
 
23 152, Session Laws of Hawaii 1998, is amended by amending section
 
24 4 to read as follows:
 

 
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 1      "SECTION 4.  This Act shall take effect upon its approval
 
 2 [and shall be repealed on June 30, 2001]."
 
 3      The sum appropriated shall be expended by the department of
 
 4 health.
 
 5      SECTION 13.  Sections 321-194 and 321-195, Hawaii Revised
 
 6 Statutes, are repealed.
 
 7      ["[§321-194]  State advisory commission.  The state advisory
 
 8 commission on drug abuse and controlled substances established in
 
 9 section 329-2 shall advise the director on all matters relating
 
10 to substance abuse including but not limited to the preparation
 
11 of the state plan for substance abuse.  In addition, the advisory
 
12 commission shall perform such duties and assume such
 
13 responsibilities as required by federal law for the purpose of
 
14 receiving federal funding.
 
15      [§321-195]  Annual report to the legislature.  The
 
16 department shall submit an annual report to the legislature
 
17 detailing its progress in the implementation of the state plan
 
18 for substance abuse.  The report shall be submitted twenty days
 
19 before the beginning of each regular session of the
 
20 legislature."]
 
21      SECTION 14.  Sections 329-2 through 329-4, Hawaii Revised
 
22 Statutes, are repealed.
 

 
 
 
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 1      ["§329-2 Hawaii advisory commission on drug abuse and
 
 2 controlled substances; number; appointment.(a)  There shall be
 
 3 established a state advisory commission on drug abuse and
 
 4 controlled substances consisting of not more than fifteen nor
 
 5 less than nine members appointed by the governor, as provided in
 
 6 section 26-34.  The members shall be selected on the basis of
 
 7 their ability to contribute to the solution of problems arising
 
 8 from the abuse of controlled substances, and to the extent
 
 9 possible, shall represent the pharmacological, medical, community
 
10 and business affairs, youth action, educational, legal defense,
 
11 enforcement, and corrections segments of the community.  One of
 
12 the appointed members shall be a member of the state council on
 
13 mental health established by section 334-10, and shall be
 
14 knowledgeable about the community and the relationships between
 
15 mental health, mental illness, and substance abuse.  The
 
16 commission shall elect a chairperson from among its members.  The
 
17 members shall serve without compensation, but shall be paid their
 
18 necessary expenses in attending meetings of the commission.  The
 
19 commission shall be a part of the department of health for
 
20 administrative purposes; provided that the department of health
 
21 shall appoint an ex-officio non-voting representative to the
 
22 commission who shall regularly attend meetings of both this
 
23 commission and the state council on mental health, and make
 
24 regular reports to both bodies.
 

 
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 1      [§329-3]  Annual report.  The commission shall prepare and
 
 2 present to the governor in the month of January in each year a
 
 3 report respecting its actions during the preceding fiscal year,
 
 4 together with its recommendations respecting legislation, copies
 
 5 of which reports shall be furnished by the governor to the
 
 6 legislature.
 
 7      §329-4 Duties of the commission.  The commission shall:
 
 8      (1)  Act in an advisory capacity to the department of public
 
 9           safety relating to the scheduling of substances
 
10           provided in part II of this chapter, by recommending
 
11           the addition, deletion, or rescheduling of all
 
12           substances enumerated in part II of this chapter.
 
13      (2)  Act in an advisory capacity to the department of public
 
14           safety relating to establishment and maintenance of the
 
15           classes of controlled substances, as provided in part
 
16           II of this chapter.
 
17      (3)  Assist the department of health in coordinating all
 
18           action programs of community agencies (state, county,
 
19           military, or private) specifically focused on the
 
20           problem of drug abuse.
 
21      (4)  Assist the department of health in carrying out
 
22           educational programs designed to prevent and deter
 
23           abuse of controlled substances.
 

 
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 1      (5)  Encourage research on abuse of controlled substances.
 
 2           In connection with such research, and in furtherance of
 
 3           the enforcement of this chapter, it may, with the
 
 4           approval of the director of health:
 
 5           (A)  Establish methods to assess accurately the effects
 
 6                of controlled substances and to identify and
 
 7                characterize controlled substances with potential
 
 8                for abuse;
 
 9           (B)  Make studies and undertake programs of research
 
10                to:
 
11                (i)  Develop new or improved approaches,
 
12                     techniques, systems, equipment, and devices
 
13                     to strengthen the enforcement of this
 
14                     chapter;
 
15               (ii)  Determine patterns of abuse of controlled
 
16                     substances and the social effects thereof;
 
17                     and
 
18              (iii)  Improve methods for preventing, predicting,
 
19                     understanding, and dealing with the abuse of
 
20                     controlled substances.
 
21      (6)  Create public awareness and understanding of the
 
22           problems of drug abuse.
 

 
 
 
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 1      (7)  Sit in an advisory capacity to the governor and other
 
 2           state departments as may be appropriate on matters
 
 3           relating to the commission's work.
 
 4      (8)  Act in an advisory capacity to the director of health
 
 5           in substance abuse matters under chapter 321, part XVI.
 
 6           For the purposes of this paragraph, "substance" shall
 
 7           include alcohol in addition to any drug on schedules I
 
 8           through IV of this chapter and any substance which
 
 9           includes in its composition volatile organic
 
10           solvents."]
 
11                             PART III
 
12      SECTION 15.  There is appropriated out of the general
 
13 revenues of the State of Hawaii the sum of $150,000 or so much
 
14 thereof as may be necessary for fiscal year 2000-2001 to be
 
15 deposited into the substance abuse programs revolving fund for
 
16 the purposes of this Act, including the hiring of necessary
 
17 staff.
 
18      SECTION 16.  This Act does not affect rights and duties that
 
19 matured, penalties that were incurred, and proceedings that were
 
20 begun, before its effective date.
 
21      SECTION 17.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 18.  This Act shall take effect upon its approval;
 
24 provided that part II shall take effect on July 1, 2000.