STAND

STAND. COM. REP. NO. 640

Honolulu, Hawaii

, 2005

RE: H.B. No. 1739

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1739 entitled:

"A BILL FOR AN ACT RELATING TO DRUGS,"

begs leave to report as follows:

The purpose of this bill is to address the crystal methamphetamine (ice) epidemic by:

(1) Establishing the Drug Busters Program within the Department of the Attorney General to combat the manufacture, distribution, and sale of ice;

(2) Establishing the Cigarette Tax Stamp Treatment Special Fund (Special Fund), into which a percentage of the cigarette stamp fee would be deposited, to pay the costs to the State for ice treatment; and

(3) Appropriating funds out of:

(A) The Special Fund for ice treatment;

(B) The Criminal Forfeiture Fund for purposes of the Drug Busters Program; and

The Departments of the Attorney General (AG) and Health supported the intent of this bill. Numerous concerned individuals opposed this measure. The Department of Taxation, Coalition for a Tobacco Free Hawaii, and a concerned individual offered comments.

Your Committee finds that the Legislature previously appropriated $14,702,419 for a wide variety of substance abuse prevention and treatment programs under Act 40, Session Laws of Hawaii 2004. However, the large majority of these funds have not been approved for spending and were not included in the Executive Budget. Your Committee finds that there is a pressing need to make funds immediately available for substance abuse prevention and treatment services, particularly programs for adolescents.

Accordingly, your Committee has amended this bill by:

(1) Removing the funding provisions of this measure that would:

(A) Establish the Special Fund;

(B) Appropriate funds from the Criminal Forfeiture Fund for the Drug Busters Program; and

(2) Adding the provisions of H.B. No. 1458, which makes appropriations for substance abuse treatment and prevention programs, a statewide substance abuse awareness and education campaign, and the Drug Nuisance Abatement Unit in the AG;

(3) Incorporating the provisions of S.B. No. 1816 appropriating $400,000 to the Department of Education for student substance abuse referrals for assessments by certified substance abuse treatment counselors, to meet the requirements of Act 44, Session Laws of Hawaii 2004, regarding students subject to suspension for substance abuse; and

(4) Making technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1739, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 1739, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

		____________________________ SYLVIA LUKE, Chair