Report Title:

Drug treatment and prevention programs

 

Description:

Provides specifically for the funding of drug treatment and prevention programs from tobacco settlement funds.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

261

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO drug prevention and treatment.

 

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

SECTION 1. The legislature finds that drug treatment and prevention programs are vital for securing the future of the state. Drug use, especially among the youth of Hawaii, robs people of their full potential, wrecking not only their lives, but harming society as a whole. Incarceration helps remove the harm to society, but does not address the harm to the person.

Drug treatment and prevention programs help address the root of the problem. By educating people against the use of drugs, we prevent the use of drugs and their terrible personal and societal costs. By treating drug offenders, we open ourselves to the possibility that the drug offender could reach their true potential and become a positive, contributing member of society rather than a financial drain due to prolonged incarceration.

Studies show that for every one dollar spent on prevention and treatment, a state could save up to seven dollars on social costs. Treatment and prevention programs are sensible, both from a financial standpoint and a human one. In a time of scarce resources and funds, the funding of drug treatment and prevention programs is one way to address a growing problem in this state and to promote a fiscally sound long term solution that will free up funds for other needed programs and projects. The purpose of this act is to promote the use of tobacco settlement funds towards the funding of drug treatment and prevention programs.

SECTION 2. Section 328L-2, Hawaii Revised Statutes, is amended to read as follows:

"[328L-2] Hawaii tobacco settlement special fund. (a) There is established in the state treasury the Hawaii tobacco settlement special fund into which shall be deposited:

(1) All tobacco settlement moneys; and

(2) All interest and earnings accruing from the investment of moneys in the fund.

The Hawaii tobacco settlement special fund shall be administered by the department.

(b) The fund shall be used for the purpose of receiving and appropriating the tobacco settlement moneys as follows:

(1) Forty per cent shall be appropriated [into the emergency and budget reserve fund under section 328L-3] to the department for the express purpose of funding drug treatment and prevention programs under section 328L- ;

(2) Thirty-five per cent shall be appropriated to the department for purpose of section 328L-4; and

(3) Twenty-five per cent shall be appropriated into the Hawaii tobacco prevention and control trust fund under section 328L-5."

SECTION 3. Section 328L-3, Hawaii Revised Statutes, is repealed.

[[328L-3] Emergency and budget reserve fund. (a) There is established in the state treasury the emergency budget and reserve fund which shall be a special fund administered by the director of finance, into which shall be deposited:

(1) Forty per cent of the moneys received from the tobacco settlement moneys under section 328L-2(b)(1);

(2) Appropriations made by the legislature to the fund.

(b) All interest earned from moneys in the emergency and budget reserve fund shall be credited to the general fund.

(c) Expenditures from the emergency and budget reserve fund shall be a temporary supplemental source of funding for the State during times of emergency, economic downturn, or unforeseen reduction in revenues. No expenditures shall be made from the emergency and budget reserve fund except pursuant to appropriations. The general appropriations bill or the supplemental appropriations bill, as defined in section 9 of article VII of the Constitution of the State of Hawaii, shall not be used to appropriate moneys from the emergency and budget reserve fund. The governor, through an appropriations bill, may recommend expenditures from the emergency and budget reserve fund by setting forth the purposes of the expenditures consistent with subsection (d), the amounts, and the reasons justifying the necessity for the appropriations.

(d) The legislature may make appropriations from the fund for the following purposes:

(1) To maintain levels of programs determined to be essential to the public health, safety, and welfare;

(2) To provide for counter cyclical economic and employment programs in periods of economic downturn;

(3) To restore facilities destroyed or damaged or services disrupted by disaster in any county; and

(4) To meet other emergencies when declared by the governor or determined to be urgent by the legislature.

Any act making appropriations from the emergency and budget reserve fund shall include a declaration of findings and purposes setting forth the purposes, the amounts, and the reasons why the appropriations are necessary and shall require a two-thirds majority vote of each house of the legislature.

(e) Appropriations for the following purposes from the emergency and budget reserve fund are specifically prohibited:

(1) To meet expenses of the legislature;

(2) To provide for salary adjustments for officials appointed pursuant to article V, section 6 or article VI, section 3 of the Constitution of the State of Hawaii and for others whose salaries are directly related to salaries of these officials; and

(3) To fund cost items in any collective bargaining contract.]

SECTION 4. Section 328L-4, Hawaii Revised Statutes, is amended to read as follows:

"[328L-4] Use of funds appropriated to the department. The department, immediately upon receipt of the thirty-five per cent of moneys appropriated pursuant to section 328L-2(b)(2) shall:

(1) Transfer up to ten per cent of the total moneys received by the State from tobacco settlement moneys to the department of human services for the children's health insurance program; and

(2) Expend the remainder of the moneys received by the department for health promotion and disease prevention programs, including but not limited to, maternal child health and child development programs, promotion of healthy lifestyles (including fitness, nutrition, and tobacco control), drug prevention and treatment programs, and prevention oriented public health programs.

For purposes of paragraph (2), the director shall convene an advisory group that shall be separate from the tobacco prevention and control advisory board, to strategically plan the development and implementation of preventive systems to achieve measurable outcomes and to make recommendations for the expenditure of these moneys. The advisory group shall be composed of nine members with expertise in the programs under paragraph (2), and shall be selected at the discretion of the director."

SECTION 5. Chapter 328L, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"328L- Drug treatment and prevention programs. Upon receipt of the forty percent of the moneys appropriated pursuant to section 328L-2, the department shall use the moneys to fund, create, or subsidize drug treatment and prevention programs."

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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