Report Title:

Drug Conviction; State Assistance

Description:

Makes felony drug offenders ineligible for any financial, medical, social, or other assistance or services provided by the State. Defines drug offender.

HOUSE OF REPRESENTATIVES

H.B. NO.

2417

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING to drug offenders.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part I, to be appropriately designated and to read as follows:

"346- Public services or assistance prohibited for drug offenders. Notwithstanding any other law to the contrary, no drug offender shall be eligible for any public, financial, medical, social, or other assistance or services provided under this chapter. For purposes of this section, "drug offender" means any person convicted of an offense under sections 712-1241 through 712-1246, 712-1247, 712-1249.4, 712-1249.5, or 712-1249.6."

SECTION 2. Chapter 383, Hawaii Revised Statutes, is amended by adding a new section to part II, to be appropriately designated and to read as follows:

"383- Drug offenders ineligible for benefits. Notwithstanding any other law to the contrary, no drug offender shall be eligible for any benefits provided under this chapter. For purposes of this section, "drug offender" means any person convicted of an offense under sections 712-1241 through 712-1246, 712-1247, 712-1249.4, 712-1249.5, or 712-1249.6."

SECTION 3. Section 304-4, Hawaii Revised Statutes, is amended to read as follows:

"304-4 Powers of regents; official name. (a) The board of regents shall have management and control of the general affairs, and exclusive jurisdiction over the internal organization and management, of the university. It may appoint a treasurer and [such] other officers as it deems necessary. It may authorize any officer, elected or appointed by it, to approve and sign on its behalf any voucher or other document [which] that the board may approve and sign. It may delegate to the president or the president's designee the authority to render the final decision in contested case proceedings subject to chapter 91, as it deems appropriate. It may purchase or otherwise acquire lands, buildings, appliances, and other property for the purposes of the university and expend such sums of money as [may be] from time to time may be placed at the disposal of the university from whatever source. All lands, buildings, appliances, and other property so purchased or acquired shall be and remain the property of the university, to be used in perpetuity for the benefit of the university. The board of regents, in accordance with law, shall manage the inventory, equipment, surplus property, and expenditures of the university and, subject to chapter 91, may adopt rules, further controlling and regulating the same.

(b) The board may charge resident and nonresident tuition fees for regular courses of instruction at any University of Hawaii campus, including any community college.

The board may also charge other fees for special programs of instruction, as well as laboratory fees, course fees, fees for student activities, and an information technology user fee. The board may charge other fees for summer session or evening courses, including differential fees for nonresident students.

The board may waive entirely or reduce the tuition fee or any of the other fees for graduate teaching and research assistants. The board may enter into agreements with government and university officials of any other state or foreign country to provide for reciprocal waiver of the nonresident tuition and fee differential. The board may waive the nonresident tuition and fee differential for selected students from Pacific and Asian jurisdictions when their presence would be beneficial to the university or the State. The board may waive entirely or reduce the tuition fee or any of the other fees for students, resident or nonresident. The board shall determine the percentage of allowable tuition and fee waivers for financial need and other university priorities. These tuition waivers and waivers of the nonresident tuition and fee differential shall be awarded in accordance with guidelines established by the board.

(c) The board shall adopt the necessary rules defining residence for tuition purposes herein; provided that the basic rule shall be that a student shall qualify for the resident tuition fee only if the following criteria are met:

(1) The adult student[,] has, or in the case of a minor student, the student's parents or guardians[, has] have, been a bona fide resident of this State for at least twelve consecutive months next preceding the student's first day of officially scheduled instruction for any semester or term in which the student is enrolling at the particular college or campus; and

(2) The adult or minor student has not been claimed as a dependent for tax purposes for at least twelve months next preceding the student's first day of officially scheduled instruction for any semester or term in which the student is enrolling at the particular college or campus by the student's parents or guardians who are nonresidents of the State; provided that this provision shall not apply in cases where the parent claiming the student as a dependent is entitled to do so under a child support order or agreement issued or entered into in conjunction with a divorce proceeding or legal separation agreement, and the other parent and the student meet the criteria set forth in paragraph (1).

(d) The board shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices, but not subject to chapter 103D. However, [where] when possible, the board is encouraged to use the provisions of chapter 103D; provided that the use of one or more provisions of chapter 103D shall not constitute a waiver of the exemption of chapter 103D and shall not subject the board to any other provision of chapter 103D.

(e) The board may enter into concession agreements without regard to chapter 102.

(f) The official name of the board shall be Board of Regents, University of Hawaii, and the board shall adopt and use a common seal by which all official acts shall be authenticated.

(g) Notwithstanding any other law to the contrary, no drug offender shall be eligible for resident tuition fee or any other waiver or reduction of the tuition fee or any other fee waiver or reduction provided under this chapter, including any financial support or loan program under sections 304-20.6 or part IV of this chapter. For purposes of this section, "drug offender" means any person convicted of an offense under sections 712-1241 through 712-1246, 712-1247, 712-1249.4, 712-1249.5, or 712-1249.6."

SECTION 4. Section 386-56, Hawaii Revised Statutes, is amended to read as follows:

"386-56 Payment from the special compensation fund in case of default. (a) Where an injured employee or the employee's dependents fail to receive prompt and proper compensation and this default is caused through no fault of the employee, the director shall pay the full amount of all compensation awards and benefits from the special compensation fund to the employee or dependent[.]; provided that notwithstanding any other law to the contrary, no drug offender shall be eligible for any awards or benefits from the special compensation fund. For purposes of this section, "drug offender" means any person convicted of an offense under sections 712-1241 through 712-1246, 712-1247, 712-1249.4, 712-1249.5, or 712-1249.6.

(b) The employer, upon order of the director, shall reimburse the special compensation fund for the sums paid therefrom under this section, and the fund, represented by the director, shall be subrogated to all the rights and remedies of the individual receiving the payments.

In case a defaulting employer moves to another state without reimbursing the special compensation fund, the director shall be authorized to contract, on a contingent fee basis, with a private collection agency in that state to effect collection from the employer."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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