Report Title:

Drug Abuse and Controlled Substances

Description:

Abolishes the Hawaii Advisory Commission on Drug Abuse And Controlled Substances.

HOUSE OF REPRESENTATIVES

H.B. NO.

2483

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE STATE ADVISORY COMMISSION ON DRUG ABUSE AND CONTROLLED SUBSTANCES.

 

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

SECTION 1. Section 321-191, Hawaii Revised Statutes, is amended by deleting the definition of "advisory commission".

[""Advisory commission" means the state advisory commission on drug abuse and controlled substances established in section 329-2."]

SECTION 2. Section 334-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established a state council on mental health. The council shall consist of twenty-one members appointed by the governor as provided in section 26-34. In making appointments to the council, the governor shall ensure that all service area boards of the State are represented, and that a majority of the members are nonproviders of mental health or other health services, and that a majority of the members are not state employees. The number of parents of children with serious emotional disturbances shall be sufficient to provide adequate representation of such children in the deliberations of the council. The council shall be composed of residents of the State, including person knowledgeable about the community and the relationships between mental health, mental illness, and substance abuse and individuals representing:

(1) The principal state agencies with respect to mental health, education, vocational rehabilitation, criminal justice, housing, and social services;

(2) Public and private entities concerned with the need, planning, operation, funding, and use of mental health services and related support services;

(3) Adults with serious mental illnesses who are receiving, or have received, mental health services;

(4) The families of such adults or families of children with serious emotional disturbances[; and

(5) [The Hawaii advisory commission on drug a person knowledgeable about the community and the relationships between mental health, mental illness, and substance abuse]."

SECTION 3. Section 334-11, Hawaii Revised Statues, is amended by amending subsection (b) to read as follows:

"(b) Each service area center and board, in consultation with public and private providers, shall participate in the development of service area plans and budgets. Each board shall advise its center about service area needs to prevent mental or emotional disorders, combined mental illness substance abuse disorders, and persons afflicted by these disorders, and provide advice, guidance, and recommendations to [both the advisory commission on drug abuse and controlled substances, section 329-2, and] the state council on mental health, section 334-10, as they deem appropriate."

SECTION 4. Section 321-194, Hawaii Revised Statutes, is 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."]

SECTION 5. Section 329-2, Hawaii Revised Statutes, is repealed.

["§329-2 Hawaii advisory commission on drug abuse and controlled substances; number; appointment. 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."]

SECTION 6. Section 329-3, Hawaii Revised Statutes, is repealed.

["[§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."]

SECTION 7. Section 329-4, Hawaii Revised Statutes, is repealed.

["§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."]

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST