Legislature(2005 - 2006)HOUSE FINANCE 519

04/07/2005 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= HB 123 OCCUPATIONS: FEES & EXTENSION OF BOARDS
Heard & Held
+ HB 136 DRUNK DRIVING TREATMENT PROGRAM TELECONFERENCED
Moved Out of Committee
Bills Previously Heard/Scheduled
+= HB 83 SEISMIC HAZARDS SAFETY COMMISSION TELECONFERENCED
Moved CSHB 83(FIN) Out of Committee
= HB 149 SALE OF METHAMPHETAMINE AND PRECURSORS
Moved CSHB 149(FIN) Out of Committee
HOUSE BILL NO. 149                                                                                                            
                                                                                                                                
     "An  Act relating  to further  regulation  of the  sale,                                                                   
     possession,  and  delivery   of  certain  chemicals  and                                                                   
     precursors used in the manufacture  of methamphetamine."                                                                   
                                                                                                                                
Vice-Chair Stoltze MOVED to RESCIND  the committee's previous                                                                   
action to adopt HB 149.  There  being NO OBJECTION, it was so                                                                   
ordered.                                                                                                                        
                                                                                                                                
Ms.  Cunningham explained  that when  the bill  was taken  up                                                                   
before the committee yesterday,  Amendment 1 was adopted.  It                                                                   
involved  confidentiality  issues   regarding  customers  who                                                                   
purchase selected ingredients.   Legislative Legal determined                                                                   
that it was  not necessary to link the  confidentiality issue                                                                   
to  the Public  Information Act,  AS  40.25.100 -  40.25.220,                                                                   
because retailers are not a public entity or agency such as                                                                     
state government, which would be subjected to this law.                                                                         
                                                                                                                                
Co-Chair  Meyer  explained  that the  bill  already  contains                                                                   
Amendment 1.                                                                                                                    
                                                                                                                                
Representative Hawker MOVED to ADOPT Amendment 2:                                                                               
                                                                                                                                
     Page 9, lines 20-22:                                                                                                       
     Delete all material.                                                                                                       
     Insert  "have  access  to the  log.    The log  and  the                                                                   
     information entered  into the log is confidential.   The                                                                   
     retailer  may not  allow access  to the  log or  release                                                                   
     information  contained  within  the  log except  to  the                                                                   
     Department  of Public  Safety or  other law  enforcement                                                                   
     officers."                                                                                                                 
                                                                                                                                
He  explained  that the  amendment  makes  it clear  that  an                                                                   
individual's privacy  is protected when they  are required to                                                                   
sign a log when purchasing Sudafed.   The information is kept                                                                   
confidential and the data will not be used inappropriately.                                                                     
                                                                                                                                
2:01:25 PM                                                                                                                    
                                                                                                                                
Representative  Croft  commented  about  how the  Freedom  of                                                                   
Information Act applies when the  log is in the possession of                                                                   
Public Safety.   He  wondered what is  so private  about this                                                                   
record.                                                                                                                         
                                                                                                                                
Representative  Hawker stated  that  this is  a mandate  that                                                                   
protects  the person  who signs  a log, and  that makes  this                                                                   
information confidential.  He  voiced concern about requiring                                                                   
retailers to keep records without  the protection of privacy.                                                                   
                                                                                                                                
REPRESENTATIVE JAY RAMRAS, sponsor,  spoke about the personal                                                                   
information  contained on the  Fred Meyer  Rewards card.   He                                                                   
concurred with Amendment  2, but noted that he  does not want                                                                   
to lose sight of the intent of the bill.                                                                                        
                                                                                                                                
2:06:03 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  referred  to  Representative  Croft's                                                                   
concern   about  confidentiality   should   law   enforcement                                                                   
agencies avail themselves  of these records.   He agreed that                                                                   
the problem is taken care of in statute.                                                                                        
                                                                                                                                
There being NO OBJECTION, Amendment 2 was adopted.                                                                              
                                                                                                                                
2:07:09 PM                                                                                                                    
                                                                                                                                
Representative Croft MOVED to ADOPT Conceptual Amendment 3:                                                                     
                                                                                                                                
     In  Section   11,  following   subsection  (e),   insert                                                                   
     language to the following effect:                                                                                          
                                                                                                                                
     If  a  law  enforcement  agency  voluntarily  designates                                                                   
     itself  as  a central  repository  for  the  information                                                                   
     collected  in  (a) or  (b)  in  this section,  with  the                                                                   
     intention of disseminating  the information to other law                                                                   
     enforcement  agencies,  each  wholesaler,  manufacturer,                                                                   
     and distributor shall regularly  report that information                                                                   
     to the law enforcement agency.                                                                                             
                                                                                                                                
Representative Weyhrauch OBJECTED for discussion purposes.                                                                      
                                                                                                                                
Representative  Croft  explored   the  reasoning  behind  the                                                                   
amendment.   He questioned  how to  establish the process  of                                                                   
reporting  the information  in  the logs  to law  enforcement                                                                   
agencies.                                                                                                                       
                                                                                                                                
Co-Chair  Meyer  asked  if  the  law  enforcement  agency  is                                                                   
responsible for voluntarily sharing the information.                                                                            
                                                                                                                                
Representative  Ramras referred  to page 10  of the  bill and                                                                   
pointed out  that this concern  is addressed in  Section (e).                                                                   
He noted that there are certain  communities that have a more                                                                   
severe  methamphetamine  problem   and  will  have  an  acute                                                                   
approach; others don't need to  gather the information into a                                                                   
central depository  site.  He stated opposition  to Amendment                                                                   
3 because  it  could require  one law  enforcement agency  to                                                                   
require all others to comply.   He maintained that this issue                                                                   
was adequately addressed in House Judiciary Committee.                                                                          
                                                                                                                                
Co-Chair Meyer  termed it a  "local option".   Representative                                                                   
Ramras agreed.   For example,  Barrow does not have  the same                                                                   
problem that MatSu or North Pole have.                                                                                          
                                                                                                                                
2:12:49 PM                                                                                                                    
                                                                                                                                
Representative   Croft  asked  what   would  happen   if  one                                                                   
community decides  to do this  and the neighboring  community                                                                   
does not.  Representative Ramras  replied that the Department                                                                   
of Public Safety  agrees with this language.   He pointed out                                                                   
that  local law  enforcement agencies  tend  to cooperate  in                                                                   
these matters.                                                                                                                  
                                                                                                                                
Representative Croft WITHDREW Amendment 3.                                                                                      
                                                                                                                                
2:14:22 PM                                                                                                                    
                                                                                                                                
Representative  Kelly  inquired if  the  logbook is  actually                                                                   
going  to be  used  as a  deterrent.   Representative  Ramras                                                                   
responded  that   it  is  a  deterrent  to   these  types  of                                                                   
criminals.  They  will not buy these substances  if they know                                                                   
they have to show identification and sign a log.                                                                                
                                                                                                                                
Representative Foster  MOVED to REPORT CSHB 149  (FIN) out of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSHB  149 (FIN)  was REPORTED  out  of Committee  with a  "do                                                                   
pass"  recommendation and  with the  following fiscal  impact                                                                   
notes:   zero note #1 by  the Alaska Court System,  zero note                                                                   
#2 by  the Department  of Law, indeterminate  note #3  by the                                                                   
Department of  Administration, indeterminate  note #4  by the                                                                   
Department of Corrections.                                                                                                      
                                                                                                                                
2:17:58 PM                                                                                                                    
                                                                                                                                

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