STAND. COM. REP. NO.1064

Honolulu, Hawaii

, 2003

RE: H.B. No. 297

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 297, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO DRUGS,"

begs leave to report as follows:

The purpose of this measure is to establish the Drug Strike Force Program within the Department of Public Safety, and provide funding for the Drug Strike Force Program, crystal methamphetamine treatment and an adolescent treatment center on the island of Hawaii, and crystal methamphetamine prevention efforts. The measure also establishes the Office of the Drug Czar within the Office of the Lieutenant Governor.

Your Committee received testimony in support of this measure from the Representative from House district 5, the County of Hawaii, HMSA, and a concerned citizen. The Department of the Attorney General supported the intent of the measure and offered comments. The Department of Health supported the intent of the measure but opposed the measure due to budget implications. The American Heart Association supported the intent of the measure but opposed the measure as written. Testimony in opposition was received from the Department of Public Safety, Hawaii County Police Chief, the Department of Budget and Finance, the Department of Taxation, the American Cancer Society, the Tobacco Prevention and Control Advisory Board, Tobacco Free Kauai Coalition, the Coalition for a Tobacco Free Hawaii, and four concerned citizens. The Tax Foundation of Hawaii, the Community Alliance on Prisons, the ACLU, and Hawaii High Intensity Drug Trafficking Area provided comments.

Your Committee finds that crystal methamphetamine or "ice" abuse is a problem of epidemic proportions across the State. "Ice" abuse affects not only the user's health, but also burdens the State's health and human services resources. "Ice" abuse often leads to debilitating diseases, child abuse or neglect, unemployment, and increased property crimes.

Your Committee further finds that the island of Hawaii is experiencing a serious "ice" problem. The Hawaii County Police Department reports a 431% increase in "ice" arrests from 1997 to 2000. Child Protective Services reports that over 90% of cases on the Big Island are "ice" or drug related.

Your Committee further finds that enforcement efforts alone have not been successful. Collective efforts aimed at enforcement, treatment and rehabilitation, and prevention and education are needed to stem the "ice" problem.

Your Committee amended the bill by:

(1) Rewriting the purpose section in part I to stress the effect of "ice" not only on the island of Hawaii, but on all islands;

(2) Amending the first provision describing the Act's purpose to specify that the Drug Strike Force is a pilot project in the county of Hawaii;

(3) Amending the second provision describing the Act's purpose to clarify that education programs are targeted at preventing the use of "ice" by middle and high school students;

(4) Changing all references to crystal methamphetamine treatment to poly-drug abuse treatment;

(5) Amending the fifth provision describing the Act's purpose by deleting its substance and inserting language establishing the temporary Coordinated Council on Drug Control in the Department of Public Safety for the purpose of reviewing existing coordinating bodies and statutes, and proposing a model comprehensive coordinating body to address drug abuse in this State;

(6) Amending the first and second provisions describing the purposes of part II by clarifying that the Drug Strike Force program is a pilot project, and rewording the first provision for grammatical clarity;

(7) Amending §353C- , Hawaii Revised Statutes, by inserting the words "pilot project" after the words "crystal methamphetamine eradication program";

(8) Reordering §§245-26 and 321- , Hawaii Revised Statutes by placing the provisions of the new §321- , Hawaii Revised Statutes, first, and renumber the bill sections accordingly;

(9) Amending the appropriation language in section 10 of the bill to specify that the appropriation from the criminal forfeiture fund is for the Drug Strike Force program pilot project expenses;

(10) Deleting redundant language from the purpose section in section 16 of the bill;

(11) Deleting the contents of section 18 of the bill and establishing the Coordinated Council on Drug Control in the Department of Public Safety. The Coordinated Council on Drug Control's purpose is to review existing coordinating bodies and statutes, and propose a model comprehensive coordinating body to address drug abuse in this State;

(12) Changing the repeal date for the Drug Strike Force pilot project to June 30, 2006, and repealing the Coordinated Council on Drug Control on June 30, 2004; and

(13) Making technical, nonsubstantive amendments.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 297, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 297, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair