STAND. COM. REP. NO. 596

Honolulu, Hawaii

RE: S.B. No. 957

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Health and Human Services, to which was referred S.B. No. 957 entitled:

"A BILL FOR AN ACT RELATING TO OVERDOSE PREVENTION,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish and provide criteria for overdose prevention centers, including standards for the Department of Health to designate certain facilities as overdose prevention centers;

(2) Establish an Overdose Prevention Center Oversight Committee; and

(3) Provide immunity from state criminal prosecution for certain offenses for persons using a designated overdose prevention center and persons operating a designated overdose prevention center.

Your Committee received testimony in support of this measure from the Department of Health, Hep Free Hawaii, Hawaiʻi Public Health Association, Hawaiʻi Health & Harm Reduction Center, and five individuals.

Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that drug overdose deaths are increasing in the State, despite being preventable. Your Committee further finds that overdose prevention centers are places where people can safely use drugs and receive harm reduction services and authorized objects. Your Committee additionally finds that according to the National Institute on Drug Abuse, overdose prevention centers are associated with significant reductions in many negative outcomes related to drug use, including public drug use, sharing of drug paraphernalia, soft tissue injuries, ambulance calls, emergency department visits, and crime. This measure's establishment of overdose prevention centers are a key entry point for access to additional health care and other support services to underserved, high acuity individuals who have difficulty accessing traditional preventative and primary care.

Your Committee has amended this measure by:

(1) Inserting language to place the Overdose Prevention Center Oversight Committee within the Department of Health;

(2) Deleting language that would have established exceptions or exemptions to certain prohibited acts related to drug paraphernalia for certain acts related to overdose prevention centers;

(3) Deleting duplicative language that would have established affirmative defenses against the offense of promoting a dangerous drug under section 712-1240.1, Hawaii Revised Statutes, for possession of needles or syringes containing residue of a dangerous drug in the vicinity of overdose prevention centers as either an employee or participant;

(4) Inserting an effective date of December 31, 2050, to encourage further discussion; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 957, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 957, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,

________________________________

JOY A. SAN BUENAVENTURA, Chair