Pubdate: Tue,  2 Mar 2004
Source: Honolulu Advertiser (HI)
Copyright: 2004 The Honolulu Advertiser, a division of Gannett Co. Inc.
Contact:  http://www.honoluluadvertiser.com/
Details: http://www.mapinc.org/media/195
Author: Gordon Y.K. Pang
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

ANTI-ICE BILLS ADVANCE

Wide-ranging measures aimed at tackling the state's crystal methamphetamine 
epidemic advanced out of both houses of the Legislature yesterday, 
signaling a strong likelihood that anti-ice legislation will be approved in 
this year's session.

Some Republicans objected to the proposals put forth by Democratic 
lawmakers, arguing that they do not go far enough in helping enforcement 
officials fight the ice problem. Others decried a part of the package that 
would require employers with 15 or more workers to provide one hour of 
substance-abuse training annually for their employees.

But such concerns were drowned out by speeches from Democrats sounding the 
cry for a need to address the epidemic and to do so quickly.

House Judiciary Chairman Eric Hamakawa, D-3rd (Hilo, Kea'au, Mountain 
View), said the ice epidemic has reached proportions where it is affecting 
"our economy, destroying our communities, hurting our families and killing 
our children."

Action urged

Failing to take major steps now, Hamakawa said, will result in the need for 
more government dollars to deal with the consequences of the epidemic when 
there are other priorities lawmakers need to address.

Each house passed two bills carrying similar language, and all passed by 
overwhelming margins.

House Bill 2003 and Senate Bill 3233 detail legislation designed to address 
different aspects of the ice epidemic, from stiffer penalties for some 
drug-related offenses to setting up a way for citizens to sue dealers for 
injuries they suffer. House Bill 2004 and Senate 3234 provide money for 
programs dealing with drug education, treatment and rehabilitation. The 
final language and other details likely will be worked out in conference 
committees at the end of this year's session.

The measures arose from a series of meetings held last summer by the Joint 
House-Senate Task Force on Ice and Drug Abatement in response to public 
outcry about the crystal meth problem.

Although the Democrats have called for up to $21.6 million for education 
and treatment programs, Republican lawmakers and the Lingle administration 
have dismissed such plans as throwing money at the problem.

House Bill 2004 provides about $19 million to pay for programs such as 
school-based treatment, substance-abuse prevention and adult treatment 
services. The Senate version of the bill includes the entire $21.6 million 
originally proposed by the joint committee.

But yesterday's debate focused more on other aspects of the legislation.

Hamakawa said House Bill 2003 would create harsher drug-trafficking 
penalties, give drug offenders treatment as an alternative to prison time 
and provide civil laws to help communities deal with the effects of ice.

On the enforcement end, the bill creates a new offense that sets mandatory 
minimum prison sentences and stiff fines for ice dealers and manufacturers, 
with enhanced penalties for those who deal with children.

But House Minority Leader Galen Fox said the bill does not go far enough.

"The only way you go to prison ... is if you manufacture, distribute or 
dispense methamphetamine, or possess with the intent to manufacture, 
distribute or dispense," he said.

Fox, R-23rd (Waikiki, Ala Moana, Kaka'ako), said that until 2002, 
possessing a certain amount of crystal meth would have resulted in prison 
time, but that the law was softened under a legislative mandate known as 
Act 161. The new bill would require prosecutors to prove intent, which, he 
said, is "virtually impossible."

Rep. Bob Herkes, D-5th (Ka'u, S. Kona), said he likes the legislation 
because it focuses on tackling the demand for ice.

"By attacking the demand, you'll have an impact on the supply side. If you 
just go after the supply side, all you're going to do is raise the prices 
that they can increase profits on," he said.

Cost to businesses noted

In the Senate, Sen. Sam Slom, R-8th (Kahala, Hawai'i Kai), said he opposes 
the provision in the bill that requires businesses with at least 15 
employees to give workers one hour of drug prevention education a year or 
face fines. That requirement means extra costs for businesses, including 
the cost for the program and the cost of taking employees away from work, 
he said.

Plus, Slom said, "we are putting responsibility on business rather than on 
the individual."

Senate Judiciary and Hawaiian Affairs Committee Chairwoman Colleen 
Hanabusa, D-21st (Nanakuli, Makaha), said that one hour a year is not 
asking too much and that businesses should invest in their employees.

"The average number of hours a person works is 2,073 hours in a year," 
Hanabusa said. "We're saying one hour for drug education ... If kids can 
learn, adults should be able to learn, too."

Rep. Dennis Arakaki, D-30th (Moanalua, Kalihi Valley, 'Alewa), called ice a 
public health crisis.

"We need not to focus solely on punishment and law enforcement but instead 
on treatment, intervention and prevention," he said.

But Fox said not enough data has been collected on the success of treatment 
and prevention programs at this time to decide which ones should get money.

Lt. Gov. James "Duke" Aiona, who has been tasked by Gov. Linda Lingle to 
address the ice problem, said through a spokesman yesterday that he still 
has some concerns regarding the bills moving through the Legislature.

He said the administration questions and objects to the legislative task 
force's recommendation to spend $21.6 million for treatment and prevention 
programs, saying there is a lack of credible data about the need or such 
programs.

House Bill 2003 was approved 37-10, with four excused. Senate Bill 3233 
passed 21-3 with one excused. House Bill 2004 was approved 47-0, with four 
excused; while Senate Bill 3234 passed 22-2, with one excused. Those voting 
against the measures were all Republicans.
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