REPORT TITLE:
Substance abuse council


DESCRIPTION:
Establishes a substance abuse policy council within the office of
the governor to develop statewide policy regarding education,
prevention, and treatment programs. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           601
TWENTIETH LEGISLATURE, 1999                                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:

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

 
Page 2                                                     
                                     S.B. NO.           601
                                                        S.D. 1
                                                        

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

 
Page 3                                                     
                                     S.B. NO.           601
                                                        S.D. 1
                                                        

 
 1 The policy council shall be composed of the governor or the
 
 2 governor's designee, the attorney general or the attorney
 
 3 general's designee, the director of budget and finance or the
 
 4 director's designee, the superintendent of education or the
 
 5 superintendent's designee, the director of health or the
 
 6 director's designee, the director of human services or the
 
 7 director's designee, the chief justice or the chief justice's
 
 8 designee, the director of public safety or the director's
 
 9 designee, the director of transportation or the director's
 
10 designee, the executive director of the housing and community
 
11 development corporation of Hawaii, the director of the office of
 
12 youth services or the director's designee, the mayors of each
 
13 county or their designees, and the chair of the community
 
14 alliance advisory committee.
 
15      (b)  The governor or the governor's designee shall be the
 
16 chair of the policy council.  The policy council shall meet not
 
17 less than once per month, and upon the request of the chair.
 
18      (c)  The policy council shall establish and appoint members
 
19 of the community representing providers and clients of substance
 
20 abuse education, intervention, and prevention programs to serve
 
21 in an advisory capacity to assist the council in the development
 
22 of the statewide integrated policy, required under section 27- .
 

 
 
 
Page 4                                                     
                                     S.B. NO.           601
                                                        S.D. 1
                                                        

 
 1      (d) The policy council shall:
 
 2      (1)  Develop and anually update a comprehensive statewide
 
 3           master plan for the development, implementation, and
 
 4           funding of a continuum of substance abuse education,
 
 5           intervention, and treatment programs under a statewide
 
 6           integrated policy;
 
 7      (2)  Work cooperatively to develop a statewide management
 
 8           information system to assist in monitoring and
 
 9           evaluating the continuum of programs and services;
 
10      (3)  Make every effort to secure grant funds for research
 
11           and development, training, and public education in the
 
12           area of substance abuse prevention and treatment;
 
13      (4)  Network with public and private agencies that come into
 
14           contact with substance abusers to keep abreast of
 
15           issues that impact upon, and increase community
 
16           awareness regarding, statewide substance abuse policy,
 
17           programs, and services;
 
18      (5)  Share information and pool resources to carry out
 
19           responsibilities under this part; and
 
20      (6)  Coordinate funding requests for substance abuse
 
21           education, intervention, and treatment programs and
 
22           services to deter competition for resources that might
 
23           result in an imbalance in program development that is
 
24           detrimental to the master plan treatment concept.
 

 
Page 5                                                     
                                     S.B. NO.           601
                                                        S.D. 1
                                                        

 
 1      §27-    Personnel.  The governor may hire such necessary
 
 2 personnel to carry out the purposes of this part, without regards
 
 3 to chapters 76 and 77.
 
 4      §27- Annual report.  The governor shall submit an annual
 
 5 report to the legislature detailing the progress of the substance
 
 6 abuse policy council in the development and implementation of the
 
 7 statewide master plan, including funding amounts sought and
 
 8 received from  sources other than the State, and amounts
 
 9 distributed to implement the purposes of this part.   The report
 
10 shall be submitted twenty days prior to the convening  of each
 
11 regular session of the legislature.
 
12      §27-    Substance abuse policy council special fund.(a)
 
13 There is created in the treasury of the State, the substance
 
14 abuse policy council special fund, into which shall be deposited
 
15 a portion of all revenues collected by the department pursuant to
 
16 chapter 244D.  The special fund shall be used solely to support
 
17 the operations of the substance abuse policy council and any
 
18 programs and services so designated by legislative appropriation.
 
19      (b) The department of accounting and general services, with
 
20 the assistance of the council, shall submit an annual financial
 
21 statement to the legislature no later than twenty days prior to
 
22 the convening of each regular session."
 

 
 
 
Page 6                                                     
                                     S.B. NO.           601
                                                        S.D. 1
                                                        

 
 1      SECTION 3.  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 the legislature may appropriate
 
 7 a portion of such revenues to support the operations of the
 
 8 substance abuse policy council established pursuant to section
 
 9 27-   ."
 
10      SECTION 4.  Section 321-191, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "[[]§321-191[]]  Definitions.  As used in this part:
 
13      ["Advisory commission" means the state advisory commission
 
14 on drug abuse and controlled substances established in section
 
15 329-2.]
 
16      "Department" means the department of health.
 
17      "Policy council" means the statewide council established in
 
18 section 27-  .
 
19      "Substance" means alcohol, any drug on schedules I through
 
20 IV of chapter 329, or any substance which includes in its
 
21 composition volatile organic solvents.
 
22      "Substance abuse" means the misuse of a substance or the use
 
23 of a substance to an extent deemed deleterious or detrimental to
 
24 the user, to others, or to society."
 

 
Page 7                                                     
                                     S.B. NO.           601
                                                        S.D. 1
                                                        

 
 1      SECTION 5.  Section 321-193, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§321-193  Duties and responsibilities of department.  The
 
 4 department shall:
 
 5      (1)  Coordinate all substance abuse programs including
 
 6           rehabilitation, treatment, education, research, and
 
 7           prevention activities as directed in the statewide
 
 8           master plan adopted by the policy council.
 
 9      (2)  [Prepare, administer, and supervise the implementation
 
10           of a state plan for substance abuse which may consist
 
11           of a plan for alcohol abuse prevention and a plan for
 
12           drug abuse prevention.
 
13      (3)] Identify all funds, programs, and resources available
 
14           in the State, public and private, and from the federal
 
15           government, which are being used or may be used to
 
16           support substance abuse prevention, rehabilitation,
 
17           treatment, education, and research activities, and
 
18           submit a monthly report to the policy council regarding
 
19           these funds, programs, and resources.
 
20 [(4)](3)  Be the designated agency [required by, and] to receive
 
21           and administer all available substance abuse funds
 
22           including but not limited to funds received from, the
 
23           federal government under Public Law 92-255, Public Law
 

 
Page 8                                                     
                                     S.B. NO.           601
                                                        S.D. 1
                                                        

 
 1           91-616, Public Law 91-211, and Title IVA and XVI of the
 
 2           Social Security Act or other subsequent Acts of
 
 3           Congress which may amend or succeed such Acts, and
 
 4           submit a monthly report to the policy council regarding
 
 5           the use of these funds.
 
 6 [(5)      Encourage and coordinate the involvement of private and
 
 7           public agencies in the assessment of substance abuse
 
 8           problems, needs, and resources.
 
 9 (6)] (4)  Coordinate the delivery of available funding to public
 
10           and private agencies for program implementation as
 
11           directed in the statewide master plan adopted by the
 
12           policy council.
 
13 [(7)](5)  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)] (6) Do all things necessary to effectuate the purposes of
 
23           this part.
 

 
Page 9                                                     
                                     S.B. NO.           601
                                                        S.D. 1
                                                        

 
 1 [(10)](7) 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      SECTION 6. Section 321-194, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "[[]§321-194[]]  [State advisory commission] State policy
 
 8 council.  The state [advisory commission on drug abuse and
 
 9 controlled substances established in section 329-2] policy
 
10 council shall advise the director on all matters relating to
 
11 substance abuse [including but not limited to the preparation of
 
12 the state plan for substance abuse] policy as adopted in the
 
13 statewide master plan.  In addition, the [advisory commission]
 
14 policy council shall perform such duties and assume such
 
15 responsibilities as required by federal law for the purpose of
 
16 receiving federal funding." 
 
17      SECTION 7.  Section 321-195, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]§321-195[]]  Annual report to the [legislature] policy
 
20 council.  The department shall submit an annual report to the
 
21 [legislature] policy council detailing its progress in the
 
22 implementation of the [state] statewide master plan for substance
 
23 abuse.  The report shall be [submitted twenty days before the
 

 
Page 10                                                    
                                     S.B. NO.           601
                                                        S.D. 1
                                                        

 
 1 beginning of each regular session of the legislature]
 
 2 incorporated into the report submitted to the legislature by the
 
 3 policy council as required under section 27-  ."
 
 4      SECTION 8.  Section 353G-13, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]§353G-13[]]  Reporting and implementation.(a)  Every
 
 7 assessment program, treatment program, correctional center or
 
 8 facility, and parole agency that provides services pursuant to
 
 9 this chapter or that otherwise supervises a person or issues an
 
10 order pursuant to this chapter shall keep case-specific records
 
11 and aggregate data and statistics as may be required by the
 
12 department of health.
 
13      (b)  The department of public safety, in conjunction with
 
14 the department of health, shall report on an annual basis to the
 
15 legislature and to the governor, its findings concerning the need
 
16 for and implementation of the various provisions of this chapter.
 
17 The report shall include a synopsis of information or data
 
18 necessary to determine the impact, utility, and cost-benefits of
 
19 the provisions of this chapter.
 
20      (c)  [The department of public safety, in conjunction with
 
21 the department of health, shall establish an advisory board that
 
22 shall be comprised of judges, prosecutors, defense attorneys,
 
23 adult probation officials, parole officials, correctional
 

 
Page 11                                                    
                                     S.B. NO.           601
                                                        S.D. 1
                                                        

 
 1 officials, representatives of assessment programs and treatment
 
 2 programs, and individuals working in licensed alcohol and other
 
 3 drug abuse treatment facilities who are past consumers of
 
 4 treatment services.  The advisory board shall meet periodically
 
 5 to discuss the provisions, implementation, and evaluation of this
 
 6 chapter, and to make recommendations to the department of health.
 
 7      (d)]  Except as provided in this chapter, all data,
 
 8 information, or records kept or compiled pursuant to this section
 
 9 shall be deemed to be government records for the purposes of
 
10 chapter 92F."  SECTION 9. Sections 329-2 through 329-4, Hawaii
 
11 Revised Statutes, are repealed.
 
12      ["§329-2 Hawaii advisory commission on drug abuse and
 
13 controlled substances; number; appointment.(a)  There shall be
 
14 established a state advisory commission on drug abuse and
 
15 controlled substances consisting of not more than fifteen nor
 
16 less than nine members appointed by the governor, as provided in
 
17 section 26-34.  The members shall be selected on the basis of
 
18 their ability to contribute to the solution of problems arising
 
19 from the abuse of controlled substances, and to the extent
 
20 possible, shall represent the pharmacological, medical, community
 
21 and business affairs, youth action, educational, legal defense,
 
22 enforcement, and corrections segments of the community.  One of
 

 
 
 
Page 12                                                    
                                     S.B. NO.           601
                                                        S.D. 1
                                                        

 
 1 the appointed members shall be a member of the state council on
 
 2 mental health established by section 334-10, and shall be
 
 3 knowledgeable about the community and the relationships between
 
 4 mental health, mental illness, and substance abuse.  The
 
 5 commission shall elect a chairperson from among its members.  The
 
 6 members shall serve without compensation, but shall be paid their
 
 7 necessary expenses in attending meetings of the commission.  The
 
 8 commission shall be a part of the department of health for
 
 9 administrative purposes; provided that the department of health
 
10 shall appoint an ex-officio non-voting representative to the
 
11 commission who shall regularly attend meetings of both this
 
12 commission and the state council on mental health, and make
 
13 regular reports to both bodies."]
 
14      ["[§329-3]  Annual report.  The commission shall prepare and
 
15 present to the governor in the month of January in each year a
 
16 report respecting its actions during the preceding fiscal year,
 
17 together with its recommendations respecting legislation, copies
 
18 of which reports shall be furnished by the governor to the
 
19 legislature."]
 
20      ["§329-4 Duties of the commission.  The commission shall:
 
21      (1)  Act in an advisory capacity to the department of public
 
22           safety relating to the scheduling of substances
 
23           provided in part II of this chapter, by recommending
 

 
Page 13                                                    
                                     S.B. NO.           601
                                                        S.D. 1
                                                        

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

 
Page 14                                                    
                                     S.B. NO.           601
                                                        S.D. 1
                                                        

 
 1                (i)  Develop new or improved approaches,
 
 2                     techniques, systems, equipment, and devices
 
 3                     to strengthen the enforcement of this
 
 4                     chapter;
 
 5               (ii)  Determine patterns of abuse of controlled
 
 6                     substances and the social effects thereof;
 
 7                     and
 
 8              (iii)  Improve methods for preventing, predicting,
 
 9                     understanding, and dealing with the abuse of
 
10                     controlled substances.
 
11      (6)  Create public awareness and understanding of the
 
12           problems of drug abuse.
 
13      (7)  Sit in an advisory capacity to the governor and other
 
14           state departments as may be appropriate on matters
 
15           relating to the commission's work.
 
16      (8)  Act in an advisory capacity to the director of health
 
17           in substance abuse matters under chapter 321, part XVI.
 
18           For the purposes of this paragraph, "substance" shall
 
19           include alcohol in addition to any drug on schedules I
 
20           through IV of this chapter and any substance which
 
21           includes in its composition volatile organic
 
22           solvents."]
 

 
 
 
Page 15                                                    
                                     S.B. NO.           601
                                                        S.D. 1
                                                        

 
 1      SECTION 10.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 11.  This Act shall take effect upon its approval.