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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