STAND. COM. REP. NO. 516-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2004

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Finance, to which was referred H.B. No. 2004 entitled:

"A BILL FOR AN ACT RELATING TO THE ILLEGAL USE OF CONTROLLED SUBSTANCES,"

begs leave to report as follows:

The purpose of this bill is to provide support and funding for the ongoing battle against the epidemic of crystal methamphetamine in Hawaii.

The Department of Education, Mayor of Kauai County, Circuit Court of the Third Circuit, National Association of Social Workers, State of Hawaii Organization of Police Officers, Hawaii County Economic Opportunity Council, ILWU Local 142, Volunteer Legal Services of Hawaii, Hawaii Youth Services Network, Community Alliance on Prisons, Hawaii Substance Abuse Coalition, Drug Addiction Services of Hawaii, Inc., Hina Mauka, Hoomau Ke Ola, Coalition for a Drug-Free Hawaii, Big Island Substance Abuse Council, Hale Opio Kauai, Inc., Hawaii Drug Action Policy Center, and numerous concerned individuals testified in support of this bill. The Judiciary, and the Department of Taxation opposed this measure. The Department of Budget and Finance, Department of Public Safety, Department of Health, Hawaii Paroling Authority, Hawaii Medical Service Association, and Tax Foundation of Hawaii submitted comments.

After careful consideration, your Committee has amended this bill by, among other things:

(1) Expanding the appropriation for treatment of first-time, nonviolent drug offenders to include drug offenders sentenced to probation under sections 706-622.5 and 706-625, Hawaii Revised Statutes (HRS);

(2) Specifying that an appropriation for the treatment of first-time, nonviolent drug offenders sentenced under section 353-66, HRS, shall be used for paroled drug offenders under the jurisdiction of the Hawaii Paroling Authority under section 353-66, HRS;

(3) Expanding the purpose for the appropriation for coordination of drug abatement efforts to the coordination of community-based drug abatement and mobilization efforts and changing the expending agency from the Department of Labor and Industrial Relations (DLIR) to the Department of Public Safety;

(4) With respect to the Drug Rehabilitation Home Tax Credit:

(A) Specifying that the tax credit shall be equivalent to three months' average rent instead of three months' rent;

(B) Specifying that the tax credit shall not be claimed more than once for any single property in any 36 month period; and

(C) Adding a definition of "drug rehabilitation home";

(5) Limiting the Substance Abuse Prevention Education and Employment Tax Credit to employers of 15 or more employees;

(6) Limiting the appropriation for a needs assessment for adult substance abuse treatment services or the implementation of the substance abuse treatment monitoring program to only the latter monitoring program;

(7) Changing the lead agency for the multi-agency task force from DLIR to the Department of Human Services;

(8) Removing the requirement that the counties' matching funds for grassroots grants-in-aid have to come from the counties' federal forfeiture funds; allowing the matching funds to come from any of the counties' funding sources;

(9) Adding an appropriation as a grant-in-aid to the various counties for community-based substance abuse prevention programs to be matched by federal or private funds;

(10) Adding a reporting requirement for discharge data in the Department of Health Substance Abuse Treatment Monitoring Program; providing that the Department of Health determine which demographic data to use for individuals receiving publicly funded substance abuse treatment; and deleting the tracking requirement to determine treatment abuse; and

(11) Specifying the appropriations and designating revenue sources for the various programs and services that are part of the battle against crystal methamphetamine.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2004, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2004, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

 

____________________________

DWIGHT Y. TAKAMINE, Chair