HOUSE BILL REPORT
HB 2986
BYRepresentative Appelwick
Making technical corrections to the alcohol and controlled substances abuse act.
House Committe on Judiciary
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (17)
Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Dellwo, Forner, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, D. Sommers, Tate and Wineberry.
House Staff:Bill Perry (786-7123)
Rereferred House Committee on Appropriations
Majority Report: The second substitute bill be substituted therefor and the second substitute bill do pass. (22)
Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Belcher, Bowman, Brekke, Dorn, Doty, Ebersole, Ferguson, Hine, Inslee, May, Nealey, Rust, Spanel, Sprenkle, Valle, Wang and Wineberry.
Minority Report: Do not pass. (1)
Signed by Representatives McLean.
House Staff: Jack Daray (786-7178)
AS REPORTED BY COMMITTEE ON APPROPRIATIONS FEBRUARY 5, 1990
BACKGROUND:
In 1989, the Legislature passed the alcohol and controlled substances abuse act. This act made comprehensive changes to many laws related to alcohol and drugs.
Several appropriations were made to governmental agencies for a variety or programs related to alcohol and drug abuse. In some instances money appropriated under the act has been used by agencies to supplant previous expenditures from other revenue sources.
One of the appropriations in the 1989 act was to the Office of the Administrator for the Courts for the "treatment alternatives to street crimes" program. The money is to be used to provide services in domestic relations cases arising under laws dealing with marriage dissolutions, nonparental child custody actions, or domestic violence actions.
The 1989 act also required the Legislative Budget Committee (LBC) to prepare a plan for studying the effectiveness of various portions of the act. Elements of the act to be studied include: (1) institution-based drug testing; (2) the juvenile offender structured residential program; (3) the state-wide drug prosecution assistance program; (4) community mobilization; (5) drug and alcohol abuse prevention and early intervention in schools; and (6) maternity care support services for alcohol and drug abusing pregnant women. The affected agencies were to have submitted to the LBC by October 1, 1989, plans for the anticipated implementation of the programs. The LBC was to have submitted to the fiscal committees of the Legislature by December 1, 1989, plans for the study of the effectiveness of these programs. The LBC has expressed concern that the number and scope of the required studies will exceed its capacity to do adequate analysis.
SUMMARY:
SUBSTITUTE BILL: The 1989 alcohol and controlled substances abuse act is amended in three areas.
First, recipient agencies are prohibited from using state money appropriated under the act to supplant money from other sources. Specific prohibitions against supplanting are imposed on two programs administered by the Superintendent of Public Instruction. These programs are school district substance abuse awareness programs and secondary school security programs. In each of these programs, money must be used to increase program services beyond the levels provided in the 1988-1989 school year. The Superintendent of Public Instruction is allowed to use a portion of its appropriation to monitor the education and intervention programs in school districts.
Second, the appropriation for the treatment alternatives to street crime program is extended to cover cases involving the determination of parentage and cases involving child abuse.
Third, the LBC study provisions of the 1989 act are amended. The requirements that affected agencies prepare a description of program implementation and that LBC submit a plan for program study, are removed. The Department of Social and Health Services is directed to study the effectiveness of the juvenile offenders structured residential program. The Superintendent of Public Instruction is directed to contract with an independent entity to have a study done of drug and alcohol abuse early intervention in the schools. The LBC is directed to review and monitor these two studies.
SUBSTITUTE BILL COMPARED TO ORIGINAL: The original bill directs the Office of Financial Management to notify the Legislature of the availability of any federal money that could be used to replace state money, and agencies are directed to replace state funds with federal funds to the maximum extent feasible.
The original bill also requires the Department of Social and Health Services to contract with an independent entity for its study of the juvenile offenders structured residential program.
The original bill contained no express authorization for the Superintendent of Public Instruction to use appropriated money to monitor programs.
CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS (SECOND SUBSTITUTE BILL): A technical amendment was adopted, clarifying that supplanting is not permitted after July 1, 1989.
An amendment was adopted to require replacement of state alcohol and abuse account funds with federal funds where permitted by federal regulation.
Revenue: The bill has a revenue impact.
Fiscal Note: Requested January 30, 1990.
House Committee ‑ Testified For: (Judiciary) Terrence Michalson, Office of Superintendent of Public Instruction.
(Appropriations) No one.
House Committee - Testified Against: (Judiciary) Terrence Michalson, Office of Superintendent of Public Instruction; and John Hughes, Educational School District 114. (Both were in part against the original bill)
(Appropriations) No one.
House Committee - Testimony For: (Judiciary) The bill represents a clarification of legislative intent.
Appropriations) None.
House Committee - Testimony Against: (Judiciary) Provisions in the original bill prevent necessary state level administration of drug education, prevention and early intervention programs.
(Appropriations) None.