Legislature(2001 - 2002)
04/21/2001 10:21 AM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 114
An Act relating to abuse of inhalants.
REPRESENATIVE MARY KAPSNER testified that HB 114 would
target a problem in Alaska that has been neglected for many
years. It would provide public safety officials, medical
personnel and the Courts leverage to place individuals who
use and abuse inhalants into rehabilitation. HB 114 was
introduced after many professional concerns had been
expressed with the serious problem of young people
"huffing".
Representative Kapsner reported that abuse of inhalants is
not a new problem and that it is far-reaching and rampant
proportions throughout Alaska and among young youth across
the nation. One of the problems in forging a direction to
deal with inhalant abuse is the lack of appropriate
treatment facilities. Most substance treatment programs are
geared toward problems of alcohol and drugs. She noted that
from the generous work of Senator Murkowski, construction of
a facility is currently underway with completion scheduled
for August 2001 in the Yukon Kuskokwim Health Corporation
area.
Representative Kapsner noted that the legislation would take
a pro-active look at ways in which the State can raise
awareness and address statutory needs to complete a package
approach that includes prevention, intervention and
treatment.
Representative Whitaker noted the fiscal costs associated
with the legislation. Representative Kapsner advised that
unaddressed treatment of a person using inhalants would end
up costing the State much more money in the long run than
the proposed fiscal note. She pointed out that a change
made in the House Judiciary Committee would result in a
significant decrease to the fiscal note.
Representative Whitaker reiterated his concerns with the
fiscal implications. He requested a projected estimate.
Representative Kapsner explained that it would be difficult
to assess the problems associated with the behavior, as
there are no treatments available for the behavior at this
point in time.
LOREN JONES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES,
acknowledged that the effects of not addressing the inhalant
behavior now would far surpass the costs proposed in the
legislation. Inhalants are one of the drugs that have
recognized damage effects that can happen even on the first
offense. Inhaling can cause severe brain damage. There are
long-term costs associated with usage and those costs revert
back to the State. Representative Whitaker projected that
additional costs will exist. He stated that it would be
irresponsible of the Committee not to recognize those costs.
Representative Croft inquired what the costs to the State
would be to take care of a severely disabled child from the
abuse. Mr. Jones replied that for a youth with severe
damage from prolonged inhale abuse, the most comparable
costs would be those associated to the mentally disabled
with brain damage. He could not predict the average cost at
this time.
Vice-Chair Bunde acknowledged that Fetal Alcohol Syndrome
(FAS) costs are significant. He stated that inhaling is
mostly a young persons addiction and asked if a $300 dollar
fine would affect the behavior.
Representative Kapsner explained that when the bill was
introduced, it was as a violation. In the House HESS
Committee last year, that was changed to a Class C
misdemeanor. While it was a Class C misdemeanor, the
statewide response was that the intent was not to
criminalize a 10-year-old kid. That could potentially place
a child in detention until they were 18 or 19 years old.
ROBERT BUTTCANE, DIVISION OF JUVENILE JUSTICE, DEPARTMENT OF
HEALTH AND SOCIAL SERVICES, referenced Page 3, Section 4,
discussing an effective way to intervene in inhalant abuse
cases by responding to the needs without costs to the State.
Under current law, there is little intervention that can
occur, however, Section 4 would provide law enforcement
officers the authority to take the child to their parents
with the hope that the child would be placed into treatment.
Mr. Buttcane added that the last resort, using current law,
would be to place that child into a "holding facility". In
the case of an adult "inhaling", the bill would add the term
"inhalants" into alcohol and drug offense. By making
inhaling a violation, would allow the Department to do
emergency as well as involuntary commitment of an adult who
have been found to be abusing inhalants.
Mr. Buttcane explained that the bill would provide a
compromise between doing nothing and acknowledging that
there is an inhalant problem in the State of Alaska. He
stressed that there are processes, which need to be employed
to correct the problem. The bill is the "appropriate" step,
and without it the problem will be perpetuated.
Co-Chair Williams commented that the bill would be HELD in
Committee for further consideration.
Representative Kapsner inquired which areas of the bill need
further consideration. Representative Hudson requested an
idea of how these concerns were being treated throughout the
State. He questioned how the flow and process currently was
working.
Representative Lancaster asked how the other two facilities
in Texas and North Dakota were addressing the concerns.
HB 114 was HELD in Committee for further consideration.
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