Legislature(2001 - 2002)

04/21/2001 10:21 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ 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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