Report Title:

Alcohol and Substance Abuse Policy Council

Description:

Establishes an alcohol and substance abuse multi-agency coordinating council within the department of health to develop statewide policy regarding education, prevention, and treatment programs. Provides funding sources and mechanisms.

HOUSE OF REPRESENTATIVES

H.B. NO.

1899

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to alcohol and substance abuse.

 

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

PART I

SECTION 1. The legislature finds that alcohol and substance abuse touches our community in many different ways. The high social and financial costs of alcohol and substance abuse-related problems include domestic violence, motor vehicle accidents caused by driving under the influence, prostitution, property crime, and rising health care costs stemming from drug-exposed infants and children. The legislature also finds there exists no effective statewide alcohol and substance abuse policy or interagency collaborative effort.

The legislature further finds that there has been an increase in demand for alcohol and substance abuse treatment services, especially for crystal methamphetamine or "ice", without a commensurate increase in resources. To address this issue, the legislature is increasing resources through funding mechanisms contained in this measure.

The purpose of this part is to require the department of health to convene an alcohol and substance abuse multi-agency coordinating council to ensure that policies for alcohol and substance abuse prevention and treatment are consistent with statewide goals and to identify funding opportunities to support statewide alcohol and substance abuse prevention and treatment programs and other related research activities.

SECTION 2. Chapter 27, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . ALCOHOL AND SUBSTANCE ABUSE

MULTI-AGENCY COORDINATING COUNCIL

27-A Alcohol and substance abuse multi-agency coordinating council. (a) The department of health shall convene an alcohol and substance abuse multi-agency coordinating council to develop a statewide integrated policy, providing direction for substance abuse prevention and treatment programs. The council shall include one representative each from the department of health, the office of youth services, and the department of public safety. The council shall be attached to the department of health for administrative purposes.

(b) The council shall develop statewide policies to promote integrated and coordinated alcohol and substance abuse prevention and treatment systems for the State and identify funding opportunities in support of implementing all elements of an alcohol and substance abuse system.

(c) The director of health or the director's designee shall be the chair of the council or there shall be a rotating chair as established by majority vote of the council. The council shall meet not less than once per month and upon the request of the chair.

(d) The alcohol and substance abuse multi-agency coordinating council shall:

(1) Develop an integrated alcohol and substance abuse prevention and treatment policy direction for the State and publicize and promote the statewide policy to all affected agencies;

(2) Identify infrastructure needs and resources for, and identify funding opportunities in support of, a statewide management information system to assist in monitoring and evaluating the continuum of programs;

(3) Assist state agencies in identifying all public and private funds, programs, and resources being used, or that may be used, to support alcohol and substance abuse prevention, treatment, and research activities;

(4) Identify funding opportunities and assist state agencies in securing funds for research and development, training, and public education in the area of alcohol and substance abuse prevention and treatment; and

(5) Assist state agencies in promoting collaboration of efforts, as well as coordinating their funding requests to avoid duplication of effort and to maximize integration and coordination.

(e) The department of health shall:

(1) Provide staffing for the council;

(2) Serve as the multi-agency task force lead facilitator and coordinator;

(3) Provide the latest research and quality assurance review findings to assist the task force in identifying promising strategies to increase the effectiveness of the statewide prevention and treatment continuum of programs;

(4) Hire a person exempt from chapter 76, with experience as a grant writer to assist the council and the state agencies in securing additional funding in support of an integrated continuum of programs; and

(5) Assist the council in promoting substance abuse awareness and education efforts.

(f) The department of health shall submit annually a report to the governor and the legislature on the council's activities to develop an integrated alcohol and substance abuse policy, including information on the extent to which program planning and funding requests have been integrated and coordinated.

27-B Alcohol and substance abuse programs revolving fund. There is created in the treasury of the State the alcohol and substance abuse programs revolving fund into which shall be deposited all revenues collected by the department of taxation as provided in sections 244D-2, 244D-17, 245-2, and 245-15. The revolving fund shall be used solely to support the operations of any alcohol or substance abuse program."

PART II

SECTION 3. The purpose of this part is to provide additional funding sources for the alcohol and substance abuse programs revolving fund, for the prevention and treatment of alcohol and substance abuse in Hawaii.

SECTION 4. Section 244D-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]244D-2[]] Permit. (a) It shall be unlawful for any dealer to sell liquor unless a permit has been issued to the dealer as hereinafter prescribed, and [such] the permit is in full force and effect.

(b) The liquor commission shall certify to the department of taxation from time to time and within forty-eight hours after [such] the license is issued the name of every dealer, together with the dealer's place of business and the period covered by the dealer's license. The department thereupon shall issue its permit to [such] the person for the period covered by the person's license upon the payment of a permit fee of [$2.50.] $200. The permit shall be issued by the department as of the date when the liquor commission issued the license.

(c) Any permit issued under this chapter shall [not be]:

(1) Not be assignable; [it shall be]

(2) Be conspicuously displayed on the licensed premises of the permittee; [it shall expire]

(3) Expire on June 30 next succeeding the date upon which it is issued, unless sooner suspended, surrendered, or revoked for cause by the department; and [it shall be]

(4) Be renewed annually before July 1, upon fulfillment of all requirements as in the case of an original permit and the payment of a renewal fee of [$2.50.] $25.

Whenever a permit is defaced, destroyed, or lost, or the licensed premises are relocated, the department may issue a duplicate permit to the permittee upon the payment of a fee of [50 cents.] $2.

(d) The department may suspend, or, after hearing, revoke, any permit issued under this chapter whenever it finds that the permittee has failed to comply with this chapter, or any rule or regulation of the department prescribed, adopted, and promulgated under this chapter. Upon suspending or revoking any permit the department shall request the permittee to surrender to it immediately the permit, or any duplicate thereof issued to the permittee, and the permittee shall surrender the same promptly to the department as requested. Whenever the department suspends a permit, it shall notify the permittee immediately and afford the permittee a hearing, if desired, and if a hearing has not already been afforded. After the hearing the department shall either rescind its order of suspension, or good cause appearing therefor, shall continue the suspension or revoke the permit.

(e) All moneys collected pursuant to this section shall be deposited into the alcohol and substance abuse programs revolving fund established under section 27-B."

SECTION 5. Section 244D-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Every person who sells or uses any liquor in the State not taxable under this chapter, in respect of the transaction by which the person or the person's vendor acquired the liquor, shall pay a gallonage tax [which] that is hereby imposed at the following rates for the various liquor categories defined in section 244D-1:

[For the period July 1, 1997, to June 30, 1998, the tax rate shall be:

(1) $5.92 per wine gallon on distilled spirits;

(2) $2.09 per wine gallon on sparkling wine;

(3) $1.36 per wine gallon on still wine;

(4) $0.84 per wine gallon on cooler beverages;

(5) $0.92 per wine gallon on beer other than draft beer;

(6) $0.53 per wine gallon on draft beer;]

On July 1, [1998,] 2004, and thereafter, the tax rate shall be:

(1) [$5.98] $6.58 per wine gallon on distilled spirits;

(2) [$2.12] $2.33 per wine gallon on sparkling wine;

(3) [$1.38] $1.52 per wine gallon on still wine;

(4) [$0.85] $0.94 per wine gallon on cooler beverages;

(5) [$0.93] $1.02 per wine gallon on beer other than draft beer; and

(6) [$0.54] $0.59 per wine gallon on draft beer;

and at a proportionate rate for any other quantity so sold or used."

SECTION 6. Section 244D-17, Hawaii Revised Statutes, is amended to read as follows:

"[[]244D-17[]] Disposition of revenues. All moneys collected pursuant to this chapter shall be paid into the state treasury as state realizations[, to be kept and accounted for as provided by law.]; provided that ten per cent of the moneys shall be deposited into the alcohol and substance abuse programs revolving fund created pursuant to section 27-B."

SECTION 7. Section 245-2, Hawaii Revised Statutes, is amended to read as follows:

"245-2 License. (a) It shall be unlawful for any person to engage in the business of a wholesaler or dealer in the State without having received first a license therefor issued by the department of taxation under this chapter; provided that this section shall not be construed to supersede any other law relating to licensing of persons in the same business.

The license shall be issued by the department upon application therefor, in [such] the form and manner as shall be required by rule of the department, and the payment of a fee of [$2.50,] $25, and shall be renewable annually on July 1 for the twelve months ending the succeeding June 30.

(b) All moneys collected pursuant to this section shall be deposited into the alcohol and substance abuse programs revolving fund established under section 27- ."

SECTION 8. Section 245-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Every wholesaler or dealer, in addition to any other taxes provided by law, shall pay for the privilege of conducting business and other activities in the State[:

(1) An excise tax equal to 5.00 cents for each cigarette sold, used, or, possessed by a wholesaler or dealer after June 30, 1998, whether or not sold at wholesale, or if not sold then at the same rate upon the use by the wholesaler or dealer;

(2) An excise tax equal to 6.00 cents for each cigarette sold, used, or possessed by a wholesaler or dealer after September 30, 2002, whether or not sold at wholesale, or if not sold then at the same rate upon the use by the wholesaler or dealer;

(3) An excise tax equal to 6.50 cents for each cigarette sold, used, or possessed by a wholesaler or dealer after June 30, 2003, whether or not sold at wholesale, or if not sold then at the same rate upon the use by the wholesaler or dealer;

(4)] (1) An excise tax equal to [7.00] 8.00 cents for each cigarette sold, used, or possessed by a wholesaler or dealer after June 30, 2004, whether or not sold at wholesale, or if not sold then at the same rate upon the use by the wholesaler or dealer; and

[(5)] (2) An excise tax equal to forty per cent of the wholesale price of each article or item of tobacco products sold by the wholesaler or dealer, whether or not sold at wholesale, or if not sold then at the same rate upon the use by the wholesaler or dealer.

Where the tax imposed has been paid on cigarettes or tobacco products that thereafter become the subject of a casualty loss deduction allowable under chapter 235, the tax paid shall be refunded or credited to the account of the wholesaler or dealer. The tax shall be applied to cigarettes through the use of stamps."

SECTION 9. Section 245-15, Hawaii Revised Statutes, is amended to read as follows:

"245-15 Disposition of revenues. All moneys collected pursuant to this chapter shall be paid into the state treasury as state realizations [to be kept and accounted for as provided by law.]; provided that ten per cent of the moneys shall be deposited into the alcohol and substance abuse programs revolving fund."

SECTION 10. Section 353G-13, Hawaii Revised Statutes, is amended to read as follows:

"[[]353G-13[]] Reporting and implementation. (a) Every assessment program, treatment program, correctional center or facility, and parole agency that provides services pursuant to this chapter or that otherwise supervises a person or issues an order pursuant to this chapter shall keep case-specific records and aggregate data and statistics as may be required by the department of health.

(b) The department of public safety, in conjunction with the department of health, shall report on an annual basis to the legislature and to the governor, its findings concerning the need for and implementation of the various provisions of this chapter. The report shall include a synopsis of information or data necessary to determine the impact, utility, and cost-benefits of the provisions of this chapter.

[(c) The department of public safety, in conjunction with the department of health, shall establish an advisory board that shall be comprised of judges, prosecutors, defense attorneys, adult probation officials, parole officials, correctional officials, representatives of assessment programs and treatment programs, and individuals working in licensed alcohol and other drug abuse treatment facilities who are past consumers of treatment services. The advisory board shall meet periodically to discuss the provisions, implementation, and evaluation of this chapter, and to make recommendations to the department of health.

(d)] (c) Except as provided in this chapter, all data, information, or records kept or compiled pursuant to this section shall be deemed to be government records for the purposes of chapter 92F."

SECTION 11. Act 205, Session Laws of Hawaii 1995, as amended by section 1 of Act 7, Session Laws of Hawaii 1996, section 3 of Act 152, Session Laws of Hawaii 1998, and section 1 of Act 116, Session Laws of Hawaii 2001, is further amended by amending section 4 to read as follows:

"SECTION 4. This Act shall take effect upon its approval [and shall be repealed on June 30, 2001]."

SECTION 12. Sections 321-194 and 321-195, Hawaii Revised Statutes, are repealed.

["[321-194] State advisory commission. The state advisory commission on drug abuse and controlled substances established in section 329-2 shall advise the director on all matters relating to substance abuse including but not limited to the preparation of the state plan for substance abuse. In addition, the advisory commission shall perform such duties and assume such responsibilities as required by federal law for the purpose of receiving federal funding.

[321-195] Annual report to the legislature. The department shall submit an annual report to the legislature detailing its progress in the implementation of the state plan for substance abuse. The report shall be submitted twenty days before the beginning of each regular session of the legislature."]

SECTION 13. Sections 329-2 through 329-4, Hawaii Revised Statutes, are repealed.

["329-2 Hawaii advisory commission on drug abuse and controlled substances; number; appointment. (a) There shall be established a state advisory commission on drug abuse and controlled substances consisting of not more than fifteen nor less than nine members appointed by the governor, as provided in section 26-34. The members shall be selected on the basis of their ability to contribute to the solution of problems arising from the abuse of controlled substances, and to the extent possible, shall represent the pharmacological, medical, community and business affairs, youth action, educational, legal defense, enforcement, and corrections segments of the community. One of the appointed members shall be a member of the state council on mental health established by section 334-10, and shall be knowledgeable about the community and the relationships between mental health, mental illness, and substance abuse. The commission shall elect a chairperson from among its members. The members shall serve without compensation, but shall be paid their necessary expenses in attending meetings of the commission. The commission shall be a part of the department of health for administrative purposes; provided that the department of health shall appoint an ex-officio non-voting representative to the commission who shall regularly attend meetings of both this commission and the state council on mental health, and make regular reports to both bodies.

[329-3] Annual report. The commission shall prepare and present to the governor in the month of January in each year a report respecting its actions during the preceding fiscal year, together with its recommendations respecting legislation, copies of which reports shall be furnished by the governor to the legislature.

329-4 Duties of the commission. The commission shall:

(1) Act in an advisory capacity to the department of public safety relating to the scheduling of substances provided in part II of this chapter, by recommending the addition, deletion, or rescheduling of all substances enumerated in part II of this chapter.

(2) Act in an advisory capacity to the department of public safety relating to establishment and maintenance of the classes of controlled substances, as provided in part II of this chapter.

(3) Assist the department of health in coordinating all action programs of community agencies (state, county, military, or private) specifically focused on the problem of drug abuse.

(4) Assist the department of health in carrying out educational programs designed to prevent and deter abuse of controlled substances.

(5) Encourage research on abuse of controlled substances. In connection with such research, and in furtherance of the enforcement of this chapter, it may, with the approval of the director of health:

(A) Establish methods to assess accurately the effects of controlled substances and to identify and characterize controlled substances with potential for abuse;

(B) Make studies and undertake programs of research to:

(i) Develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of this chapter;

(ii) Determine patterns of abuse of controlled substances and the social effects thereof; and

(iii) Improve methods for preventing, predicting, understanding, and dealing with the abuse of controlled substances.

(6) Create public awareness and understanding of the problems of drug abuse.

(7) Sit in an advisory capacity to the governor and other state departments as may be appropriate on matters relating to the commission's work.

(8) Act in an advisory capacity to the director of health in substance abuse matters under chapter 321, part XVI. For the purposes of this paragraph, "substance" shall include alcohol in addition to any drug on schedules I through IV of this chapter and any substance which includes in its composition volatile organic solvents."]

PART III

SECTION 14. There is appropriated out of the general revenues of the State of Hawaii the sum of $150,000 or so much thereof as may be necessary for fiscal year 2004-2005 to be deposited into the alcohol and substance abuse programs revolving fund for the purposes of this Act, including the hiring of necessary staff.

The sum appropriated shall be expended by the department of health.

SECTION 15. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 16. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 17. This Act shall take effect on July 1, 2004; provided that section 11 shall take effect on June 29, 2004.

INTRODUCED BY:

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