Legislature(2005 - 2006)

05/05/2005 04:55 PM Senate FIN


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     SENATE CS FOR CS FOR HOUSE BILL NO. 149(JUD)                                                                               
     "An Act relating to  controlled substances regarding the crimes                                                            
     of   manslaughter  and   misconduct   involving  a   controlled                                                            
     substance;  relating to the manufacture of methamphetamine  and                                                            
     to  the sale, possession,  and delivery  of certain  substances                                                            
     and  precursors  used in the  manufacture  of methamphetamine;                                                             
     relating  to listing  certain anabolic  steroids as  controlled                                                            
     substances;   relating   to  the  listing   of  property   that                                                            
     constitutes  an illegal drug manufacturing site;  amending Rule                                                            
     41, Alaska  Rules of Criminal  Procedure; and providing  for an                                                            
     effective date."                                                                                                           
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Green asked whether  the bill's  sponsor or any  Committee                                                            
Member desired  to comment on the bill pursuant to  the beginning of                                                            
public testimony.  The response was in the negative.  She noted that                                                            
she had been  unable to be in attendance  during the previous  day's                                                            
hearing on the bill.                                                                                                            
                                                                                                                                
5:04:35 PM                                                                                                                    
                                                                                                                                
Co-Chair Wilken  noted that the primary focus of the  previous day's                                                            
discussion   pertained  to  the  logbook   issue.  "The   retailer's                                                            
standpoint"  of that issue  would be provided  today. This  would be                                                            
helpful in "filling in some of the blanks".                                                                                     
                                                                                                                                
5:05:39 PM                                                                                                                    
                                                                                                                                
GLENN   PETERSON,    District   Manager   -   Anchorage    District,                                                            
Carrs/Safeway Grocery Store, introduced himself.                                                                                
                                                                                                                                
JASON   MOLTON,  Loss   Prevention   Director,   Seattle   Division,                                                            
Carrs/Safeway,  applauded the State's  efforts to address  the "very                                                            
difficult problem" of methamphetamine  addiction in the State. Prior                                                            
to being Carrs/Safeway's  Loss Prevention Director for the states of                                                            
Washington,  Oregon, Idaho, and Alaska,  he had spent 30  years as a                                                            
Special Agent with the  Federal Bureau of Investigation (FBI). He is                                                            
"accurately  aware" of the growing  "problems faced by retailers  as                                                            
the  result  of  methamphetamine  (meth)  addiction".  He  is  "very                                                            
attuned"   to  the  issue   at  hand  due   to  his  experience   at                                                            
Carrs/Safeway   and  his   appointment  to   the  Washington   State                                                            
Governor's  Council  on Substance  Abuse  and  his membership  on  a                                                            
variety of Washington countries' Methamphetamine Task Forces.                                                                   
                                                                                                                                
5:07:46 PM                                                                                                                    
                                                                                                                                
Mr.  Molton  voiced  strong  support  for  the increased   penalties                                                            
associated  with meth abuse proposed  in the bill; particularly  for                                                            
those  who   show  "reckless  disregard   for  young  children"   by                                                            
subjecting them to meth use in their home or residence.                                                                         
                                                                                                                                
Mr.  Molton   informed   the  Committee   that   two  years   prior,                                                            
Carrs/Safeway  took responsibility,  as "a good corporate  citizen",                                                            
by   removing,   without    regulatory   directive,    "high   theft                                                            
pseudoephedrine products",  such as Sudafed, from its store shelves.                                                            
Empty packages were placed  instead on the over-the-counter medicine                                                            
aisle. A person  desiring to purchase  that product would  take that                                                            
package up  to the customer service  counter where a store  employee                                                            
would provide  the product to them.  A three-box purchase  limit was                                                            
also implemented.                                                                                                               
                                                                                                                                
Mr. Molton  shared that this could  also be characterized  as an act                                                            
of  self-defense   as  many  of  these  products  were   targets  of                                                            
shoplifters.  This  action has  assisted the  store  in curbing  its                                                            
losses,  and the  belief is  that the  action has  also assisted  in                                                            
reducing the precursor of methamphetamine availability.                                                                         
                                                                                                                                
Mr. Molton  noted that Carrs/Safeway  is also the largest  corporate                                                            
sponsor  of  Meth  Watch in  Washington  and  Montana,  and  posters                                                            
promoting Meth  Watch are displayed in all four states  in which the                                                            
store  operates. The  belief is  that the corporation's  actions  in                                                            
regard  to both  Meth Watch  and the  removal of  the products  from                                                            
store shelves  have helped to reduce  the meth problem in  the state                                                            
of Washington.  At one  time Washington  had "the  dubious honor  of                                                            
having the  most meth labs in the  country" with a reported  high of                                                            
1,886 labs.  That number was reduced  to 1,339 in the year  2004 and                                                            
261 meth labs have been reported to date in 2005.                                                                               
                                                                                                                                
Mr. Molton  disclosed however, that  the cost of meth in  Washington                                                            
has remained constant  or is slightly lower than it  was a few years                                                            
ago.  Therefore,  it must  be assumed  that  the net  affect of  the                                                            
action has not  changed the overall situation since  price "is based                                                            
on the supply and demand theory of economics".                                                                                  
                                                                                                                                
Mr.  Molton  directed   Members  to  view  the  questdiagnostic.com                                                             
website,  which depicts that  "there has  been an extreme  increase"                                                            
each year  "in the  number of  methamphetamine users  who are  being                                                            
tested in the workplace".  "The problem continues unabated." Another                                                            
indicator of the growing  use of meth in the state of Washington and                                                            
possibly  the State of Alaska  "too, were  the figures checked",  is                                                            
the increasing number of  people who are receiving treatment through                                                            
the  federal or  State  aid such  as Medicaid.  People  as young  as                                                            
fourteen  have been  treated  for meth  addiction.  The most  recent                                                            
statistics  available for the state  of Washington indicate  that in                                                            
the year 2003,  12,000 individuals were treated for  Meth addiction.                                                            
                                                                                                                                
5:12:09 PM                                                                                                                    
                                                                                                                                
Mr. Molton  warned  that Meth addiction,  unlike  cocaine or  heroin                                                            
addiction, could  not be successfully treated in a  30-day treatment                                                            
program.  Meth addiction  treatment  is  a difficult  and  long-term                                                            
process.  "It is like  a barbed hook  hooked into  the mouth  of the                                                            
person; they simply can't get over it."                                                                                         
                                                                                                                                
Mr. Molton shared that  another indicator of meth usage is drug test                                                            
submissions.  Tracking  of  Washington  law  enforcement  drug  test                                                            
submissions  indicate that  approximately  46-percent test  positive                                                            
for meth. Cocaine  is second at 26 percent. All the  other drugs are                                                            
in the single digits. Meth  is "clearly the drug of choice … its the                                                            
drug most frequently encountered  by law enforcement" in Washington.                                                            
He anticipated that similar statistics would apply to Alaska.                                                                   
                                                                                                                                
5:13:31 PM                                                                                                                    
                                                                                                                                
Mr. Molton  informed the Committee  that Carrs/Safeway has  prepared                                                            
comments in  regards to HB 149. The  State of Washington  Governor's                                                            
Council  on Substance  Abuse  identified three  key  elements to  be                                                            
addressed in the  effort against meth abuse: prevention;  treatment;                                                            
and law enforcement  and justice.  "It is a three-legged  stool." HB
149 is  an "excellent bill"  in regards to  the law enforcement  and                                                            
justice  component; however,  absent  the prevention  and  treatment                                                            
components the  State would encounter difficulties.  A lot of people                                                            
would  be incarcerated,  but  there  would be  "no ability  to  fund                                                            
treatment  and no ability  to preclude  them from  getting into  the                                                            
problem" due to a lack of prevention funding.                                                                                   
                                                                                                                                
Mr. Molton noted  that a copy of the State of Washington  Governor's                                                            
Council on Substance  Abuse recommendations [copy  not provided] had                                                            
been provided to Co-Chair  Wilken. The report might provide guidance                                                            
to the State of Alaska.                                                                                                         
                                                                                                                                
5:14:55 PM                                                                                                                    
                                                                                                                                
Mr. Molton  made specific suggestions  to language in the  bill. One                                                            
suggestion would be that  the language in Sec. 3(d)(3) on page four,                                                            
beginning  on line nine that  would allow  certain entities  such as                                                            
lodges  to  possess  more than  nine  gram  of  pseudoephedrine,  be                                                            
amended to include  such things as "boat orders".  Carrs/Safeway and                                                            
other  retailers  routinely  handle  orders from  boats  in  fishing                                                            
fleets that exceed the allowable 24-gram limit.                                                                                 
                                                                                                                                
5:16:08 PM                                                                                                                    
                                                                                                                                
Co-Chair Green  asked whether Carrs/Safeway ships  to Rural areas as                                                            
well.                                                                                                                           
                                                                                                                                
Mr. Peterson affirmed.                                                                                                          
                                                                                                                                
Co-Chair  Green asked whether  orders shipped  to Rural areas  might                                                            
also exceed the limit restriction.                                                                                              
                                                                                                                                
Mr. Peterson confirmed that such orders often exceed the limit.                                                                 
                                                                                                                                
Co-Chair Green  understood therefore  that the Rural order  scenario                                                            
could be likened to the boat order situation.                                                                                   
                                                                                                                                
5:16:40 PM                                                                                                                    
                                                                                                                                
Mr. Peterson  agreed.  He noted that  often times,  boat orders  are                                                            
received from vessels that spend months at sea.                                                                                 
                                                                                                                                
Mr.  Molton pointed  out  that  an area  that  might not  have  been                                                            
discussed is relation to  this bill is the consideration of the fact                                                            
that  the  three  crimes  of methamphetamine   production  and  use,                                                            
identity thief,  and mail thief "are  inseparability connected".  He                                                            
informed  that the majority  of the time "that  a search warrant  is                                                            
executed  at the Meth  production  facility", such  things as  false                                                            
identification  and counterfeit  checks  or information  to  support                                                            
such crimes are discovered.                                                                                                     
                                                                                                                                
5:17:36 PM                                                                                                                    
                                                                                                                                
To that point, Mr. Molton  explained that the current record keeping                                                            
system used by  most major retailers is referred to  as the point of                                                            
sale system.  It utilizes a scanner  to scan each item in  the sale,                                                            
and, at  the end of the  transaction, money  in the form of  cash, a                                                            
credit card, a  debit card, a gift card, an EBT card,  or a check is                                                            
tendered as payment. The  entirety of the transaction data is stored                                                            
in a  computer  and is  available for  retrieval  in the  retailer's                                                            
database for  a period of ninety days.  However, with extra  effort,                                                            
information  could be retrieved  for as long  as five years.  Stores                                                            
also  utilize   digital   closed  circuit   television  and   camera                                                            
surveillance  to  record  the  entrance/exit,  aisle,  and  checkout                                                            
counter activity in its  stores. It is possible that the store could                                                            
access a  record of the  person entering  the store, choosing  items                                                            
off the shelf, purchasing the items, and exiting the store.                                                                     
                                                                                                                                
5:19:33 PM                                                                                                                    
                                                                                                                                
Mr.  Molton  opined  that the  logbook  process  being  proposed  is                                                            
unnecessary;  "it  is  redundant",   and  would  be  an  expense  to                                                            
retailers.  No  "useful  purpose beyond"  the  information  that  is                                                            
already  maintained by  stores "in  the normal  course of  business"                                                            
would  be provided.  Stores  currently  comply  with  subpoenas  and                                                            
search warrants on a regular  basis, and "voluntarily provide closed                                                            
circuit  television  evidence  routinely  to  law  enforcement  upon                                                            
request". In addition,  such things as vehicle license plate numbers                                                            
of  people   suspected  of  buying   "precursors  for  the   use  of                                                            
methamphetamine"  are  also  provided to  law  enforcement  officers                                                            
through  the Carrs/Safeway's  Meth Watch  Program. These  activities                                                            
would continue.                                                                                                                 
                                                                                                                                
Mr. Molton stated that  another objection to the log is in regard to                                                            
the information  that would be required.  It is anticipated  that in                                                            
order for the  log to be helpful, its information  must "be sortible                                                            
in some  fashion".  As learned  from  his FBI  experience,  sortible                                                            
fields  of information  should include  the purchaser's  last  name,                                                            
first name,  middle initial,  date, type and  quantity of the  item,                                                            
the amount  of the transaction  as well as  the employee  conducting                                                            
the  transaction. This  activity  would extend  the  amount of  time                                                            
required to complete the  transaction beyond the typical transaction                                                            
time  of less than  30 seconds.  In  addition, each  city in  Alaska                                                            
could impose  its own requirements.  Further compounding  the burden                                                            
that would  be placed on a store is  the fact that each state  could                                                            
establish  differing requirements.  The state  of Oklahoma  requires                                                            
that the  logbook information  be transmitted  electronically.  This                                                            
would   require   additional   hardware   and   database   programs.                                                            
Administration  of the program across  the State of Alaska  and from                                                            
state-to-state could be tedious to comply with.                                                                                 
                                                                                                                                
5:22:30 PM                                                                                                                    
                                                                                                                                
Mr. Molton observed  that when such rules are enacted,  someone must                                                            
be responsible  for verifying such  things as whether retailers  are                                                            
maintaining  the logs  properly  or are  not selling  more than  the                                                            
allowed  quantities.   He  asked  whether  consideration   has  been                                                            
provided to the imposition of penalties for non-compliance.                                                                     
                                                                                                                                
Mr.   Molton   stated   that  Carrs/Safeway    has  "conservatively                                                             
calculated" that the cost  of implementing the logbook system in its                                                            
25 stores would incur $250,000  in labor costs. Other costs would be                                                            
associated  with   training  efforts.  Additional   costs  would  be                                                            
incurred were electronic data transmission required.                                                                            
                                                                                                                                
Mr. Molton  reiterated the support  for the proposed "stiffening  of                                                            
the sentences" associated with this issue.                                                                                      
                                                                                                                                
5:24:09 PM                                                                                                                    
                                                                                                                                
Mr. Molton  concluded his  remarks by stating  that the store  would                                                            
like to work  further with Representative  Ramras and Senator  Guess                                                            
in regards to the logbook issue.                                                                                                
                                                                                                                                
5:24:23 PM                                                                                                                    
                                                                                                                                
Co-Chair   Green  voiced   appreciation   for   the  "enlightening"                                                             
testimony.                                                                                                                      
                                                                                                                                
Co-Chair Green  asked the percentage of the State's  population that                                                            
might be served by major  retailers with similar scanning systems to                                                            
that utilized by Carrs/Safeway.                                                                                                 
                                                                                                                                
5:25:06 PM                                                                                                                    
                                                                                                                                
Mr. Peterson  expressed that it is  likely that all major  retailers                                                            
in the State's metropolitan  areas utilize such systems. The systems                                                            
are available in its stores  in communities such as Dutch Harbor and                                                            
Nome. It  is questionable  whether small  village retailers  utilize                                                            
such systems.                                                                                                                   
                                                                                                                                
Co-Chair  Green  clarified that  the  gist of  her question  was  to                                                            
determine   how   much  redundancy   might   be  incurred   by   the                                                            
implementation of the logbook.  Some Members are concerned about the                                                            
logbook section of the  bill. "We want to be sure we get this on its                                                            
way, but have  it in a condition that  is acceptable for  all of us.                                                            
We certainly want to work with the sponsor as well."                                                                            
                                                                                                                                
Senator Olson asked whether  other alternatives to the log have been                                                            
considered in the desire to track purchases.                                                                                    
                                                                                                                                
Mr. Molton shared  that programs such as the Meth  Watch program are                                                            
being utilized  in the State  of Washington.  When an individual  is                                                            
observed  repeatedly  visiting  the store  and purchasing  meth  lab                                                            
materials such  as pseudoephedrine,  batteries, acetone,  and coffee                                                            
filters,  it is an alert  that a meth lab  might be functioning.  In                                                            
that  case,  law  enforcement   personnel  would  be   notified  and                                                            
information such as license  plate numbers and names and pictures of                                                            
the individuals  would  be provided.  Were  a subpoena  or a  search                                                            
warrant  delivered,   the  store   would  provide  the  information                                                             
contained  in the store's  files relating  to the transaction.  This                                                            
"is a very viable alternative to the log".                                                                                      
                                                                                                                                
Co-Chair  Wilken   thanked  the  gentlemen   for  their   testimony.                                                            
Continuing  he asked, with  the exception of  the "boat orders"  and                                                            
the log issue, whether other sections of bill were acceptable.                                                                  
                                                                                                                                
Mr. Molton stated  that other sections of the bill  were acceptable.                                                            
The penalty  "enhancements", specifically  the ones relating  to the                                                            
endangerment of those under the age of 18, "are commendable".                                                                   
                                                                                                                                
Senator Stedman  shared that  some pharmacies  in his district  have                                                            
also voiced  concern about the log,  specifically in regards  to how                                                            
it would be maintained  and the time that would be  involved in that                                                            
process. While  pharmacists are supportive  of the direction  of the                                                            
legislation,  there is concern  about its affect  on "small  mom and                                                            
pop"  stores that  might  not have  a sophisticated   point of  sale                                                            
system.                                                                                                                         
                                                                                                                                
5:28:54 PM                                                                                                                    
                                                                                                                                
Co-Chair Green  again thanked the Carrs/Safeway representatives  for                                                            
their insight on the matter.  Continuing, she invited the Department                                                            
of Law and  the bill's sponsor  to join the  discussion in  order to                                                            
develop a compromise  in regard to the log section  of the bill. She                                                            
reiterated  that  several Members  have  voiced concern  about  that                                                            
issue.                                                                                                                          
                                                                                                                                
Co-Chair Green,  voicing an understanding  of the intent  of the log                                                            
requirement,  asked  whether  methods  such  as  the aforementioned                                                             
Carrs/Safeway   Meth   Watch  program   have  been   considered   as                                                            
alternatives to that requirement.                                                                                               
                                                                                                                                
5:30:12 PM                                                                                                                    
                                                                                                                                
DEAN  GUANELI,  Chief Assistant  Attorney  General,  Legal  Services                                                            
Section,  Criminal   Division,  Office  of  the  Attorney   General,                                                            
Department of  Law stated that the bill would only  require that the                                                            
purchase  of the  specified  products must  be logged.  While  other                                                            
states, including  the state of Washington,  require the  logging of                                                            
other "suspicious  transactions",  such burden would not  be imposed                                                            
on retailers  by this bill. Carrs/Safeway  operates stores  in other                                                            
states whose requirements  are more labor intensive than those being                                                            
proposed  in  HB 149.  It  should  be noted  that  the restrictions                                                             
imposed by other  states "have been effective". This  legislation is                                                            
viewed as "a reasonable accommodation".                                                                                         
                                                                                                                                
5:31:49 PM                                                                                                                    
                                                                                                                                
Co-Chair  Green  understood  that  Mexico  is one  of  the  greatest                                                            
sources  of the  finished  meth product.  While  the  import of  the                                                            
product, which is contributing  to its usage, is not being addressed                                                            
in bill,  such  importation might  be the  reason that  meth use  in                                                            
other states  is not  being reduced  even though  such efforts  have                                                            
been made.                                                                                                                      
                                                                                                                                
Mr.  Guaneli noted  that Interstate  5  (I-5), which  transits  from                                                            
Mexico through  the states of Washington, Oregon and  California, is                                                            
difficult for  law enforcement officers to monitor.  Thankfully, I-5                                                            
does  not  transit  to  Alaska.  Alaska   State  Troopers  would  be                                                            
appreciative  were the  results of  this legislation  to mirror  the                                                            
reduction in meth production  that has occurred in other states that                                                            
have adopted  similar legislation.  Such  legislation would  provide                                                            
them the ability  to concentrate on other sources  such airports and                                                            
the mail.                                                                                                                       
                                                                                                                                
5:33:11 PM                                                                                                                    
                                                                                                                                
JANE  PEARSON,  Staff  to  Representative  Jay  Ramras,  the  bill's                                                            
sponsor, informed  the Committee that  Representative Ramras  "is in                                                            
favor  of the logs".  Representatives  of the  Department of  Public                                                            
Safety should  be provided  an opportunity  to speak to the  reasons                                                            
for their support of the logs.                                                                                                  
                                                                                                                                
Mr. Guaneli spoke  to the importance of the logbooks.  He noted that                                                            
language  in Sec. 6(a),  page six,  beginning on  line 13 makes  the                                                            
purchase  or possession of  more than nine  grams of the  identified                                                            
drugs  within  a  30-day  period,  a  crime.   Absent  the  logbook,                                                            
"positive  proof of such  action" would be  difficult to  prosecute.                                                            
Tips from the store or  from other Meth users would be insufficient.                                                            
The log entries are important  to the "overall effectiveness" of the                                                            
bill.                                                                                                                           
                                                                                                                                
Mr. Guaneli  restated  his May  4, 2005  comments  to the  Committee                                                            
regarding  the  fact  that  the  logbooks  would  be  "an  effective                                                            
deterrent",  as people who  purchase pseudoephedrine  to provide  to                                                            
meth manufacturers  are  often users  themselves  and, as a  result,                                                            
become  paranoid and  would not  desire to use  identification.  The                                                            
logbook requirement "would make a difference".                                                                                  
                                                                                                                                
5:35:46 PM                                                                                                                    
                                                                                                                                
Mr. Guaneli  voiced  being uncertain  as to  what Carrs/Safeway  "is                                                            
proposing  "in exchange" for  the log books.  While their stores  do                                                            
have cameras,  the information  that  could be provided  by them  is                                                            
unclear. "Even  if you have cameras  showing people coming  into the                                                            
store and  showing people  going up to the  counter; unless  you can                                                            
really tie  that to a specific transaction;  tie that to  a specific                                                            
amount;  tie  that to  a specific  person,  its  going  to be  maybe                                                            
interesting information  but not anything that can really be used by                                                            
an investigator to pursue it further."                                                                                          
                                                                                                                                
Mr. Guaneli  stated that another  point he  had made in the  May 4th                                                            
hearing   is  that   before  the   state  of   Iowa  enacted   their                                                            
pseudoephedrine  legislation,  an Iowa  university  had conducted  a                                                            
survey  to   gauge  public  reaction   to  it.  The  result   was  "                                                            
overwhelmingly" public  support for the identification and signature                                                            
requirements  as  well as  the purchase  quantity  limitations.  The                                                            
public "understood the  importance of doing so". Given that there is                                                            
both public  and law enforcement support  of such legislation  would                                                            
identify the action as "an important step".                                                                                     
                                                                                                                                
Mr. Guaneli  opined  that the bill's  sponsor has  endeavored  to be                                                            
responsive  to retail  industry  concerns.  The specification  of  a                                                            
logbook termination date  would provide an opportunity to review the                                                            
success  of the  effort.  The fact  that  the Department  of  Public                                                            
Safety would be  required to establish the logbook  guidelines would                                                            
provide retailers another opportunity to provide input.                                                                         
                                                                                                                                
Mr. Guaneli  stated that  while there are  many large retailers  who                                                            
have  sophisticated  point of  sale  technology, many  small  stores                                                            
might  not. The  logbook being  proposed,  "was chosen"  because  it                                                            
would provide a uniform  method of collecting information that would                                                            
work for  both small and  large stores.  Similar logbook  provisions                                                            
have worked well in other states and should work well in Alaska.                                                                
                                                                                                                                
Co-Chair Wilken  characterized this as being a good  bill. "A lot of                                                            
work  has gone  into  it  … by  a  lot of  different  authors."  The                                                            
implementation  of  many  of  its provisions  would  do  some  good;                                                            
however,  he  voiced  concern  about the  logbook  issue.  While  he                                                            
respected Mr.  Guaneli's remarks, he also heard the  concerns raised                                                            
by retailers.  Therefore, in an effort to move the  bill forward, he                                                            
suggested that  the logbook language  be removed from the  bill. The                                                            
bill's  sponsor  could  work  with retailers  over  the  Interim  to                                                            
determine how  to make the logbook  "less intrusive". "Even  if that                                                            
weren't  to happen",  such  an event  as  a "reverse  sunset"  might                                                            
eventually occur in that,  while the provisions of the bill might be                                                            
having an affect, Legislators  might choose at some point to include                                                            
the logbook as a means to further enhance the effort.                                                                           
                                                                                                                                
Co-Chair  Wilken  stated he  would  support the  bill  were the  log                                                            
provisions removed. Not  "enough work" has been conducted in regards                                                            
to its  affect  on either  large or  small retailers  or  consumers.                                                            
There is also  a question as to the  level of benefit that  would be                                                            
provided  by the log  and whether  it might also  be an invasion  of                                                            
privacy.                                                                                                                        
                                                                                                                                
Co-Chair Green doubted  whether the bill would move forward were the                                                            
logbook  language included.  Perhaps another  component of  the bill                                                            
could "be strengthened in exchange" for the logbook's removal.                                                                  
                                                                                                                                
5:40:57 PM                                                                                                                    
                                                                                                                                
To that  point, Co-Chair  Green suggested that  language in  Sec. 11                                                            
(a) page  nine beginning  on  line 16 could  be changed  to read  as                                                            
follows.                                                                                                                        
                                                                                                                                
     (a)  A wholesaler,  manufacturer,  or distributor  of  products                                                            
     containing ephedrine,  pseudoephedrine, or phenylpropanolamine,                                                            
     or  their salts,  isomers, or  salts of isomers,  or iodine  or                                                            
     crystal  iodine, has  an affirmative  duty to  report to  a law                                                            
     enforcement agency  or offices suspicious purchases, shall keep                                                            
     complete records of  all transactions involving those products,                                                            
     including   the  names   of   all  parties   involved  in   the                                                            
     transaction,  the date  of the transaction,  and the amount  of                                                            
     the drug  products involved. The records shall  be kept readily                                                            
     retrievable  for  inspection by  law enforcement  officers  and                                                            
     separate  from all other  invoices or  records of transactions                                                             
     not involving  those products  and shall be maintained  for one                                                            
     year,  or   a  shorter  period  of  time  established   by  the                                                            
     Department  of Public Safety by regulation, and  must allow for                                                            
      inspection of the records by law enforcement officers.                                                                    
                                                                                                                                
Co-Chair Green also suggested  that language in Sec. 11 (d) page ten                                                            
lines  19  through   21  could  be  "strengthened   as  a  reporting                                                            
standard".                                                                                                                      
                                                                                                                                
Mr. Guaneli agreed that  there was an opportunity to strengthen that                                                            
language; however, that  determination could be made via regulations                                                            
adopted by  the Department  of Public Safety.  The Department  could                                                            
outline  what would  constitute a  suspicious  purchase that  "would                                                            
then trigger some reporting".                                                                                                   
                                                                                                                                
Co-Chair Green  asked whether current  language in Sec. 11  on pages                                                            
nine and  ten of  the bill would  provide the  Department of  Public                                                            
Safety sufficient  "leeway in making  those kinds of requirements".                                                             
                                                                                                                                
Mr.  Guaneli   conveyed  that  the   Legislative  Review   Committee                                                            
carefully assesses the  specifics of language that provides agencies                                                            
the authority  to adopt administrative  regulations" and  when it is                                                            
not "crystal clear, agencies  are criticized for doing so". Specific                                                            
regulation  making  authority"  language could  be  included in  the                                                            
bill.                                                                                                                           
                                                                                                                                
5:43:25 PM                                                                                                                    
                                                                                                                                
Mr. Guaneli  expressed that Co-Chair  Wilken's idea of some  kind of                                                            
"reverse  sunset" is  an interesting  idea.  The  question would  be                                                            
whether it would be "the  desire to have this matter come before the                                                            
Legislature  again  or"  at a  specified  time  in the  future,  the                                                            
Commissioner of the Department  of Public Safety might "certify that                                                            
there has  not been any  significant reduction  in the diversion  of                                                            
pseudoephedrine  from  legitimate sources  to the  manufacturers  of                                                            
methamphetamine",  and that action  would allow for the adoption  of                                                            
logbooks at that point.                                                                                                         
                                                                                                                                
5:44:05 PM                                                                                                                    
                                                                                                                                
Mr. Guaneli  continued therefore  that the  question is whether  the                                                            
desire would be  for the Legislature to revisit the  legislation in,                                                            
for example,  a year or  whether some sort  of certification  by the                                                            
Department of Public Safety would suffice.                                                                                      
                                                                                                                                
Co-Chair Green  interjected that rather than the Legislative  action                                                            
being to preordain  anything, it would  simply provide for  a review                                                            
of the process, by a date certain.                                                                                              
                                                                                                                                
Mr. Guaneli acknowledged.                                                                                                       
                                                                                                                                
Co-Chair Green  stated that rather  than this being a decision  made                                                            
solely by the  Committee, Representative  Ramras, Senator  Guess and                                                            
others should  be involved  in the discussion.  Language in  written                                                            
form should be developed for further consideration.                                                                             
                                                                                                                                
Mr. Guaneli affirmed that he would "work in that direction".                                                                    
                                                                                                                                
Co-Chair Green ordered the bill HELD in Committee.                                                                              
                                                                                                                                
5:45:02 PM                                                                                                                    
                                                                                                                                

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