STAND. COM. REP. NO. 1897-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 3140

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 3140, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT MANDATORY REPORTING,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require the holder of a controlled substances registration to immediately and verbally report to the Administrator of the Narcotics Enforcement Division of the Department of Public Safety any suspected theft, embezzlement, fraud, or diversion of a controlled substance in the holder's inventory, and to subsequently submit a written report; and

(2) Establish a misdemeanor penalty for a person who knowingly prevents another from reporting any suspected theft, embezzlement, fraud, or diversion, or who knowingly fails to provide required information to the Administrator.

Your Committee received testimony in support of this measure from the Department of Public Safety.

Your Committee finds that the theft, embezzlement, fraud, and diversion of controlled substances are serious incidents that pose substantial risks to public health and safety. Your Committee further finds that for various reasons, suspected incidents are not being reported in a timely manner to the Department of Public Safety, which makes it substantially more difficult for the Department to enforce the Uniform Controlled Substances Act. This measure assists the Department in its enforcement efforts by imposing a duty to report on registrants in the event there is a suspected theft, embezzlement, fraud, or diversion of controlled substances.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3140, S.D. 1, H.D. 1, and recommends that it pass Third Reading.

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

____________________________

MARK M. NAKASHIMA, Chair