Legislature(2005 - 2006)BUTROVICH 205
05/03/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB33 | |
| HB184 | |
| HB210 | |
| HB149 | |
| HB81 | |
| HB183 | |
| HB201 | |
| SB74 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 74 | TELECONFERENCED | |
| += | SB 165 | TELECONFERENCED | |
| += | HB 33 | TELECONFERENCED | |
| += | HB 81 | TELECONFERENCED | |
| += | HB 149 | TELECONFERENCED | |
| += | HB 183 | TELECONFERENCED | |
| += | HB 184 | TELECONFERENCED | |
| += | HB 201 | TELECONFERENCED | |
| += | HB 210 | TELECONFERENCED | |
CSHB 149(FIN)AM -CONTROLLED SUBSTANCES
10:01:41 AM
CHAIR RALPH SEEKINS announced HB 149 to be up for consideration.
MS. JANE PIERSEN, staff to Representative Jay Ramras, introduced
HB 149. There are proposed amendments attached to the bill.
10:02:58 AM
SENATOR GRETCHEN GUESS moved SCS CSHB 149(JUD) Version \K as the
working document. She asked Ms. Piersen whether there was
anything in the committee substitute that wasn't part of an
amendment passed prior in the Senate Judiciary Standing
Committee.
MS. PIERSEN replied no. The first proposed amendment deletes the
log in several sections and puts it in a new subsection. The
person would no longer be guilty of a class A misdemeanor but a
violation.
10:05:02 AM
SENATOR GUESS moved Amendment 1. Hearing no objections, the
motion carried.
24-LS0596\K.1
Luckhaupt
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 10, lines 13 - 16:
Delete "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."
Page 11, following line 3:
Insert a new subsection to read:
(g) The log required to be maintained by a retailer
under (b) of this section 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."
Reletter the following subsections accordingly.
Page 11, line 15:
Delete "(g)"
Insert "(h)"
Page 11, line 21, following "violation.":
Insert "A retailer who knowingly violates (g) of this
section is guilty of a violation."
SENATOR GUESS moved Amendment 2. Hearing no objections, the
motion carried.
24-LS0596\K.2
Luckhaupt
A M E N D M E N T 2
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 11, line 3:
Delete "subsequent"
Following "period":
Insert "following the written request"
SENATOR GUESS moved Amendment 3.
24-LS0596\K.4
Luckhaupt
A M E N D M E N T 3
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 10, line 20, following "regulation":
Insert "due to the product's potential for diversion to the
manufacture of methamphetamine, its immediate precursors, or the
salts, isomers, or salts of isomers of methamphetamine or its
immediate precursors"
CHAIR SEEKINS objected for explanation.
10:06:18 AM
MR. DEAN GUANELI, chief assistant attorney general, Department
of Law (DOL), explained the proposed language gives the DOL
additional guidance, which is due to the product's potential for
diversion to the manufacture of crystal methamphetamine (meth).
10:07:51 AM
Once state law is adopted where only the sole active ingredient
products go behind the counter, the meth cooks will begin to
cook the combination ingredient products. HB 149 should add
language that allows flexibility to incorporate multi-ingredient
products into the bill.
10:09:41 AM
Chair Seekins removed his objection and hearing no others,
Amendment 3 was adopted.
SENATOR GUESS moved Amendment 4.
24-LS0596\K.5
Luckhaupt
A M E N D M E N T 4
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 4, lines 17 - 25:
Delete all material and insert:
"(2) less than 24 grams of ephedrine,
pseudoephedrine, phenylpropanolamine, or the salts,
isomers, or salts of isomers of those chemicals, kept in a
locked storage area on the premises of a legitimate
business or nonprofit organization operating a camp, lodge,
school, day care center, treatment center, or other
organized group activity, and the location or nature of the
activity, or the age of the participants, makes it
impractical for the participants in the activity to obtain
medicinal products."
CHAIR SEEKINS objected for explanation.
MR. GUANELI explained the amendment allows the police the
opportunity to obtain a search warrant.
10:12:22 AM
SENATOR FRENCH objected. He said the words "consistent with
typical medicinal or household use" should be enough for the
police to make a determination between a meth lab and a
household.
MR. GUANELI informed some meth labs are operated where the
people collect ingredients separately. In order to obtain a
search warrant the police have to prove other factors exist. In
some circumstances it is not possible for the police to do.
10:14:52 AM
MR. GUANELI continued the amendment is an attempt to limit the
organizations that store many products.
SENATOR FRENCH removed his objection. Amendment 4 was
unanimously adopted.
10:16:58 AM
SENATOR GUESS moved Amendment 5.
24-LS0596\K.6
Luckhaupt
A M E N D M E N T 5
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 10, line 8, following "regulation":
Insert "due to the product's potential for diversion to the
manufacture of methamphetamine, its immediate precursors, or the
salts, isomers, or salts of isomers of methamphetamine or its
immediate precursors"
CHAIR SEEKINS objected for explanation.
MR. GUANELI explained the amendment is necessary to give the
Department of Public Safety (DPS) more direction as to how to
regulate additional substances that go behind the counter.
CHAIR SEEKINS removed his objection. Hearing no others,
Amendment 5 was adopted.
SENATOR GUESS moved Amendment 6.
24-LS0596\K.7
Luckhaupt
A M E N D M E N T 6
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 1, line 9, through page 2, line 3:
Delete all material.
Page 2, line 4:
Delete "Sec. 2"
Insert "Section 1"
Renumber the following bill sections accordingly.
Page 12, line 31:
Delete "Section 8"
Insert "Section 7"
Page 13, line 6:
Delete "Sections 2 - 12 and 15:
Insert "Sections 1 - 11 and 14"
Page 13, line 9:
Delete "Sections 1 - 16"
Insert "Sections 1 - 15"
Page 13, line 10:
Delete "Section 17"
Insert "Section 16"
CHAIR SEEKINS objected for explanation.
MR. GUANELI explained Amendment 6 would remove the findings from
the bill. It also relates to the danger of manufacturing meth.
It addresses a mandatory bail amount for repeat offenders. He
expressed a preference for leaving Section 1 in the bill.
10:19:35 AM
SENATOR THERRIAULT offered to provide a letter of intent from
the committee in lieu of Section 1.
CHAIR SEEKINS removed his objection. Hearing no others,
Amendment 6 was adopted.
10:21:20 AM
SENATOR GUESS moved Amendment 7.
24-LS0596\K.8
Luckhaupt
A M E N D M E N T 7
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 13, line 8:
Delete "AS 17.30.090"
Insert "AS 17.30.090(b)"
CHAIR SEEKINS objected for explanation.
MS. PIERSEN explained Amendment 7 was intended to be part of
sunsetting the logs. The amendment is incorrect and should be
"Insert AS 17.30.090(g)."
SENATOR GUESS speculated (b) was correct.
MS. PIERSEN stood corrected.
CHAIR SEEKINS removed his objection.
SENATOR GUESS asked whether the checking of identification (ID)
would be repealed.
MS. PIERSEN said the intent is to repeal the log.
CHAIR SEEKINS said he had no problem continuing the checking of
ID. The intent was to remove the log-keeping at sunset if proven
non-effective.
10:23:51 AM
SENATOR FRENCH noted a need to reinsert the photo ID portion
elsewhere in the bill.
Amendment 7 was tabled.
SENATOR GUESS moved Amendment 8 and explained this would put
everything in the log in regulation. Hearing no objections, the
motion carried.
24-LS0596\K.9
Luckhaupt
A M E N D M E N T 8
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 10, lines 10 - 11:
Delete "requires the purchaser to sign a written log
completed by the retailer"
Insert "completes a written log"
SENATOR GUESS moved Amendment 9. Hearing no objections, the
motion carried.
24-LS0596\K.10
Luckhaupt
A M E N D M E N T 9
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 10, line 2, following "or a":
Insert "shorter"
10:25:26 AM
SENATOR GUESS moved Amendment 10.
24-LS0596\K.11
Luckhaupt
A M E N D M E N T 10
OFFERED IN THE SENATE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 10, line 12, following "regulation.":
Insert "The log shall be maintained for one year or a
shorter period of time established by the Department of Public
Safety by regulation."
CHAIR SEEKINS objected for explanation.
MS. PIERSEN advised the amendment maintains the same language
for retailers that the log is maintained for one year or shorter
period of time established by the DPS by regulation.
CHAIR SEEKINS removed his objection. Hearing no further
objections, Amendment 10 was adopted.
SENATOR GUESS moved Amendment 11.
24-LS0596\K.13
Luckhaupt
A M E N D M E N T 11
OFFERED IN THE HOUSE
TO: SCS CSHB 149(JUD), Draft Version "K"
Page 10, line 16, following "officers":
Insert "A retailer is not liable in a civil action for
release of information contained in the log in violation of the
confidentiality requirements of this section unless the retailer
intentionally released the information or was aware at the time
of the release that the information was being released in
violation of this section."
CHAIR SEEKINS objected for explanation.
SENATOR GUESS advised the amendment is to relieve the retailer
from civil liability for an accidental release of information
kept in the log.
CHAIR SEEKINS removed his objection. Hearing no further
objections, Amendment 11 was unanimously adopted.
The committee revisited Amendment 7.
10:27:23 AM
SENATOR FRENCH asked for directions to the sunset.
SENATOR GUESS directed Page 13; line 8 (Section 17) says it will
be repealed. Section 19 says Section 17 would go into effect
June 30, 2007.
SENATOR FRENCH stated unless action is taken prior to the
repealer date, all the requirements go away.
10:29:11 AM
Amendment 7 was unanimously adopted.
SENATOR GUESS alerted the committee to a drafting error on Page
10, lines 7 and 19. Both paragraphs talk about a product or
substance. She proposed Amendment 12.
A M E N D M E N T 12
Page 10, line 7, after (3) insert "ephedrine, pseudo
ephedrine, phenylpropanolamine, their salts, isomers, or salts
of isomers, and."
10:31:36 AM
MR. GUANELI said red phosphorus is also an essential ingredient
of meth and regulating ingredients that are too common can be
problematic.
10:33:48 AM
Amendment 12 was unanimously adopted.
SENATOR GUESS moved Amendment 13. Hearing no objections, the
motion carried.
A M E N D M E N T 13
Page 10, line 19, delete "any additional product." Insert
"other ingredient."
10:36:19 AM
SENATOR GUESS moved SCS CSHB 149(JUD) from committee with
individual recommendations and attached fiscal note(s). There
being no objection, the motion carried.
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