2007 Legislation
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HOUSE BILL NO. 106 – Drug policy office

HOUSE BILL NO. 106

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Bill Status



H0106................................by JUDICIARY, RULES AND ADMINISTRATION
DRUG POLICY OFFICE - Adds to and amends existing law relating to substance
abuse policy to establish the Office of Drug Policy; to provide for an
administrator; to set forth powers and duties; to designate the
administrator as chairperson of the Interagency Committee on Substance
Abuse Prevention and Treatment; to revise provisions applicable to
membership, chairmanship and duties of the interagency committee; and to
provide that the interagency committee shall direct the Department of
Health and Welfare in the establishment and content of a program for
substance abuse treatment.
                                                                        
02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Jud
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ring, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Roberts
    Floor Sponsor - Clark
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Jud
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Coiner
    Floor Sponsor - Darrington
    Title apvd - to House
03/02    To enrol
03/05    Rpt enrol - Sp signed
03/06    Pres signed
03/07    To Governor
03/13    Governor signed
         Session Law Chapter 69
         Effective: 03/13/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 106
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DRUG AND SUBSTANCE ABUSE POLICY; AMENDING  CHAPTER  8,  TITLE  67,
  3        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-821, IDAHO CODE, TO ESTAB-
  4        LISH  THE  OFFICE  OF DRUG POLICY, TO PROVIDE FOR AN ADMINISTRATOR, TO SET
  5        FORTH POWERS AND DUTIES AND TO DESIGNATE THE ADMINISTRATOR AS  CHAIRPERSON
  6        OF  THE INTERAGENCY COMMITTEE ON SUBSTANCE ABUSE PREVENTION AND TREATMENT;
  7        AMENDING SECTION 39-303, IDAHO CODE, TO REVISE  PROVISIONS  APPLICABLE  TO
  8        THE  MEMBERSHIP,  CHAIRMANSHIP  AND DUTIES OF THE INTERAGENCY COMMITTEE ON
  9        SUBSTANCE ABUSE PREVENTION AND TREATMENT;  AND  AMENDING  SECTION  39-304,
 10        IDAHO  CODE,  TO  PROVIDE  THAT THE INTERAGENCY COMMITTEE SHALL DIRECT THE
 11        DEPARTMENT OF HEALTH AND WELFARE IN THE ESTABLISHMENT  AND  CONTENT  OF  A
 12        PROGRAM FOR SUBSTANCE ABUSE TREATMENT; AND DECLARING AN EMERGENCY.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION  1.  That  Chapter  8,  Title  67, Idaho Code, be, and the same is
 15    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 16    ignated as Section 67-821, Idaho Code, and to read as follows:
                                                                        
 17        67-821.  COORDINATION OF POLICY AND PROGRAMS RELATED TO DRUG AND SUBSTANCE
 18    ABUSE.  (1)  There  is  hereby  established  in the office of the governor the
 19    "Office of Drug Policy." The administrator of the office of drug policy  shall
 20    be  the  official in the state designated to oversee and execute the coordina-
 21    tion of all drug and substance abuse programs within the state of  Idaho.  The
 22    administrator  shall  be  appointed  by and shall serve at the pleasure of the
 23    governor, and shall be subject to confirmation by the state senate.
 24        (2)  The office of drug policy shall:
 25        (a)  Cooperate and consult with counties, cities and local law enforcement
 26        on programs, policies and issues in combating  Idaho's  illegal  drug  and
 27        substance abuse problem;
 28        (b)  Serve  as  a repository of agreements, contracts and plans concerning
 29        programs for combating illegal drug and  substance  abuse  from  community
 30        organizations  and  other  relevant  local, state and federal agencies and
 31        shall facilitate the exchange of this information and data  with  relevant
 32        interstate and intrastate entities;
 33        (c)  Provide  input  and  comment  on community, tribal and federal plans,
 34        agreements and policies relating to illegal drug and substance abuse; and
 35        (d)  Coordinate public and private entities to develop, create and promote
 36        statewide campaigns to reduce or eliminate substance abuse.
 37        (3)  The administrator shall act as chairperson of the interagency commit-
 38    tee on substance abuse prevention and treatment, as created in section 39-303,
 39    Idaho Code, to ensure that the interagency committee coordinates  and  directs
 40    all state entities regarding substance abuse prevention and treatment delivery
 41    services statewide.
                                                                        
 42        SECTION  2.  That  Section  39-303, Idaho Code, be, and the same is hereby
                                                                        
                                       2
                                                                        
  1    amended to read as follows:
                                                                        
  2        39-303.  INTERAGENCY COMMITTEE ON SUBSTANCE ABUSE  PREVENTION  AND  TREAT-
  3    MENT.  (1) There is hereby created within the department of health and welfare
  4    office of drug policy, as provided for in  section  67-821,  Idaho  Code,  the
  5    interagency committee on substance abuse prevention and treatment. The purpose
  6    of  the interagency committee is to focus on statewide efforts to address sub-
  7    stance abuse by assessing statewide needs, developing a  statewide  plan,  and
  8    coordinating and directing efforts of all state entities that use public funds
  9    for  efforts  to address substance abuse, and advising these agencies on needs
 10    and strategies pertaining to services provided to address substance abuse.
 11        (2)  Membership of the interagency committee shall be:
 12        (a)  The  administrator  of  the   office   of   drug   policy,   or   the
 13        administrator's designee;
 14        (b)  The  director  of  the  department  of  health  and  welfare,  or the
 15        director's designee;
 16        (bc)  The director of the department of correction, or the director's des-
 17        ignee;
 18        (cd)  The director of the  department  of  juvenile  corrections,  or  the
 19        director's designee;
 20        (de)  The  superintendent  of  public instruction, or the superintendent's
 21        designee;
 22        (ef)  The director of the Idaho state police, or the director's designee;
 23        (fg)  The  director  of  the  Idaho  transportation  department,  or   the
 24        director's designee;
 25        (gh)  The  administrative director of the supreme court, or the director's
 26        designee;
 27        (hi)  The chairperson of the state board of health  and  welfare,  or  the
 28        chair's designee;
 29        (ij)  The chairperson of the board of correction, or the chair's designee;
 30        (jk)  The chairperson of the board of juvenile corrections, or the chair's
 31        designee;
 32        (kl)  The chairperson of the drug court and mental health court coordinat-
 33        ing  committee  established  under  section  19-5606,  Idaho  Code, or the
 34        chair's designee;
 35        (lm)  The chairperson of the senate health and welfare committee,  or  the
 36        chair's designee;
 37        (mn)  The  chairperson  of the house of representatives health and welfare
 38        committee, or the chair's designee;
 39        (no)  The chairperson of the senate judiciary and rules committee, or  the
 40        chair's designee;
 41        (op)  The chairperson of the house of representatives judiciary, rules and
 42        administration committee, or the chair's designee;
 43        (pq)  The  chief  administrative official of each other state governmental
 44        entity that expends funds to provide services to address substance  abuse,
 45        or that chief administrative official's designee;
 46        (qr)  One (1) representative of the regional advisory committees as deter-
 47        mined in section 39-303A, Idaho Code; and
 48        (rs)  One  (1)  representative of the office of the governor as determined
 49        by the governor Such additional ad hoc nonvoting members as  the  adminis-
 50        trator of the office of drug policy may designate.
 51    Interagency  committee members shall serve without additional compensation but
 52    may be reimbursed by  their  respective  entities  for  interagency  committee
 53    related travel and expenses pursuant to chapter 20, title 67, Idaho Code.
 54        (3)  The duties of the interagency committee shall be to:
                                                                        
                                       3
                                                                        
  1        (a)  Develop  and  annually  update  a statewide plan to address substance
  2        abuse, including the creation of common performance measures;
  3        (b)  Exchange information on programs that address substance abuse;
  4        (c)  Identify and promote  opportunities  for  coordination,  cooperation,
  5        collaboration  and elimination of service duplication among relevant state
  6        entities;
  7        (d)  Monitor programs and evaluate outcomes;
  8        (e)  Identify state needs for addressing substance abuse,  including  pro-
  9        moting implementation of multiagency strategic budgeting;
 10        (f)  Review  and  assess  the  use of funds available to address substance
 11        abuse;
 12        (g)  Promote coordinated approaches  to  substance  abuse  prevention  and
 13        treatment;
 14        (h)  Research, share, discuss and promote the use of best practices; and
 15        (i)  Annually  report  to the legislature and governor prior to the begin-
 16        ning of the legislative session on the state's  efforts  to  address  sub-
 17        stance abuse, including descriptions of:
 18             (i)   The statewide need for services to address substance abuse;
 19             (ii)  The state's capacity to meet those identified needs;
 20             (iii) The  types  of substance abuse services being provided, and the
 21             groups and numbers of people served;
 22             (iv)  Which programs are effective in addressing substance abuse  and
 23             which are not; and
 24             (v)   An  overall  evaluation  of the state's efforts to address sub-
 25             stance abuse; and
 26        (j)  Develop and submit through the office of drug policy, no  later  than
 27        the  first  of  September,  any  budgeted  program enhancements or program
 28        expansions in a coordinated budget request pursuant  to  section  67-3502,
 29        Idaho  Code,  including  estimated appropriation needs for the next fiscal
 30        year by the judicial department, the department of correction, the depart-
 31        ment of health and welfare, the department of juvenile corrections and any
 32        other department or agency, for expenditures relating to services provided
 33        by such department or agency in connection with  the  statewide  substance
 34        abuse prevention and treatment delivery system.
 35        (4)  Each state administrative agency that expends public funds to provide
 36    services  to  address  substance abuse shall report semiannually to the inter-
 37    agency committee, and shall include the following information:
 38        (a)  The amount of moneys expended on programs or services to address sub-
 39        stance abuse;
 40        (b)  The number of individuals served or the extent of services  provided,
 41        by specific type of service;
 42        (c)  The  number  of individuals not served and/or placed on waiting lists
 43        for services, by specific type of service;
 44        (d)  The agency's overall capacity to provide specific types of services;
 45        (e)  The completion, dropout and relapse rates for treatment programs, and
 46        the relevant indicators for other services and programs;
 47        (f)  The average length of stay for individuals in each type of  treatment
 48        program, or the average duration of other services and programs.
 49    The  interagency  committee shall establish procedures for collecting and com-
 50    piling the information required for these reports and the distribution of  the
 51    compiled information to all interagency committee members, the legislature and
 52    the governor.
 53        (5)  The  interagency  committee shall meet within three (3) months of the
 54    effective date of this act. The director of the department of health and  wel-
 55    fare  shall  coordinate  the scheduling of the initial meeting. At its initial
                                                                        
                                       4
                                                                        
  1    meeting the interagency committee shall elect a  chairperson  from  among  its
  2    members, who shall serve a one (1) year term. A chairperson of the interagency
  3    committee  shall  be elected at each subsequent annual meeting. No interagency
  4    committee chairperson shall serve consecutive terms as chairperson and no sin-
  5    gle state agency or entity shall be represented in consecutive  terms  through
  6    the  chair.  Following the initial meeting, The administrator of the office of
  7    drug policy shall serve as chairperson  of  the  interagency  committee.  Tthe
  8    interagency  committee shall meet at least once each calendar quarter, or more
  9    frequently at the call of the chairperson. Public notice of  each  interagency
 10    committee  meeting shall be given two (2) weeks in advance thereof. Any inter-
 11    agency committee member may submit  agenda items to be discussed at the inter-
 12    agency committee meetings.
 13        (6)  Each state administrative agency or entity with representation on the
 14    interagency committee shall share  in  providing  the  administrative  support
 15    required  by  the interagency committee. The allocation of administrative sup-
 16    port among the state administrative agencies represented  on  the  interagency
 17    committee shall be collectively determined by the chief administrative officer
 18    of each such agency and reassessed at least annually.
                                                                        
 19        SECTION  3.  That  Section  39-304, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        39-304.  COMPREHENSIVE PROGRAM FOR  TREATMENT.  The  Idaho  department  of
 22    health  and  welfare is hereby designated as the state substance abuse author-
 23    ity.
 24        (1) The department shall establish a comprehensive and coordinated program
 25    for the treatment of alcoholics, intoxicated persons  and  drug  addicts.  The
 26    interagency  committee shall advise direct the department in the establishment
 27    and in the content of this program.
 28        (2)  The program shall include:
 29        (a)  Emergency detoxification treatment  and  medical  treatment  directly
 30        related thereto provided by a facility affiliated with or part of the med-
 31        ical service of a general hospital;
 32        (b)  Inpatient treatment;
 33        (c)  Intermediate treatment;
 34        (d)  Outpatient and follow-up treatment; and
 35        (e)  Community detoxification provided by an approved facility.
 36        (3)  The  department  shall provide for adequate and appropriate treatment
 37    for persons admitted pursuant to section 39-307, Idaho Code.  Treatment  shall
 38    not be provided at a correctional institution except for inmates.
 39        (4)  The  department shall maintain, supervise, and control all facilities
 40    operated by it. The administrator of each such facility shall make  an  annual
 41    report  of  its activities to the director in the form and manner the director
 42    specifies.
 43        (5)  All appropriate public and private  resources  shall  be  coordinated
 44    with and utilized in the program whenever possible.
 45        (6)  The  department shall prepare, publish and distribute annually a list
 46    of all approved public and private treatment facilities.
 47        (7)  The department may contract  for  the  use  of  any  facility  as  an
 48    approved  public  treatment  facility  if the director considers this to be an
 49    effective and economical course to follow.
 50        (8)  The program shall include an individualized treatment  plan  prepared
 51    and maintained for each client.
                                                                        
 52        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
                                                                        
                                       5
                                                                        
  1    declared to exist, this act shall be in full force and effect on and after its
  2    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16858C1

This legislation codifies the Office of Drug Policy, formerly
known as the Office of the Drug Czar, within the Office of the
Governor.  The bill also modifies the Interagency Substance Abuse
Committee membership to include the administrator of the Office
of Drug Policy and also names the administrator chairman of the
committee.  Finally, the legislation creates a single point of
budget coordination and program direction for substance abuse
programs that utilize state funds.


                           FISCAL NOTE

The creation of the Office of Drug Policy will require funding
for the administrator position as well as project manager and
administrative support positions.  The estimated cost for this
office is $250,000.



Contact
Name: Representative Jim Clark
Senator Denton Darrington 
Phone: 332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                         H 106