Legislature(2005 - 2006)BUTROVICH 205

04/19/2005 08:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 20 OFFENSES AGAINST UNBORN CHILDREN TELECONFERENCED
Moved CSSB 20(JUD) Out of Committee
+= SB 106 SALE OF METHAMPHETAMINE AND PRECURSORS TELECONFERENCED
Heard & Held
+= SB 74 CRIMES INVOLVING MARIJUANA/OTHER DRUGS TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB 106-SALE OF METHAMPHETAMINE AND PRECURSORS                                                                      
                                                                                                                                
9:49:45 AM                                                                                                                    
SENATOR  GUESS advised  the  committee  she researched  questions                                                               
posed in previous  hearings, which she intended  to answer first,                                                               
and she offered to walk through her amendments individually.                                                                    
                                                                                                                                
9:50:24 AM                                                                                                                    
SENATOR  GUESS  answered the  first  question  regarding ease  of                                                               
getting government identifications. There  are 34 DMV offices and                                                               
2,800  communities   and  most  people  need   a  state  license.                                                               
Regarding mail order, the Drug  Enforcement Agency (DEA) oversees                                                               
international  and  intrastate  mailings. There  is  nothing  the                                                               
Legislature can  do about that other  than to rely on  the DEA to                                                               
do their job.                                                                                                                   
                                                                                                                                
9:52:03 AM                                                                                                                    
SENATOR GUESS introduced Amendment 1.                                                                                           
                                                      24-LS0588\I.1                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 106(   ), Draft Version "I"                                                                                      
                                                                                                                                
Page 6, line 16:                                                                                                                
     Delete "A violation of (a), (b), or (c) of this section is"                                                                
     Insert "A person who knowingly violates (a), (b), or (c) of                                                                
     this section is guilty of"                                                                                                 
                                                                                                                                
SENATOR GUESS explained it insures that "knowingly" applies to                                                                  
any of the provisions on page 5. Hearing no objections,                                                                         
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
9:54:38 AM                                                                                                                    
SENATOR GUESS introduced Amendment 2.                                                                                           
                                                      24-LS0588\I.3                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 2                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 106(   ), Draft Version "I"                                                                                      
                                                                                                                                
Page 5, line 7, following "retrievable":                                                                                        
     Insert "for inspection by law enforcement officers"                                                                        
                                                                                                                                
Page 5, lines 9 - 10:                                                                                                           
     Delete "and must allow for in-person inspection of the                                                                     
     records by law enforcement officers"                                                                                       
                                                                                                                                
SENATOR GUESS explained it was the drafter's suggestion as a way                                                                
to clean up the section dealing with out of state licensure.                                                                    
Hearing no objections, Amendment 2 was adopted.                                                                                 
                                                                                                                                
SENATOR GUESS introduced Amendment 3.                                                                                           
                                                      24-LS0588\I.5                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 3                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 106(   ), Draft Version "I"                                                                                      
                                                                                                                                
Page 5, line 19, following "request":                                                                                           
     Insert "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."                                                                                                                 
                                                                                                                                
SENATOR GUESS explained it ensures keeping the log information                                                                  
confidential.                                                                                                                   
                                                                                                                                
SENATOR FRENCH asked the consequence if the log is not kept                                                                     
confidential.                                                                                                                   
                                                                                                                                
9:58:29 AM                                                                                                                    
SENATOR GUESS explained the violations on Page 6, line 16                                                                       
pertain to all of the sections on page 5.                                                                                       
                                                                                                                                
SENATOR FRENCH said it seems like the consequence for not                                                                       
keeping the log confidential should be a violation and not a                                                                    
misdemeanor.                                                                                                                    
                                                                                                                                
10:03:04 AM                                                                                                                   
SENATOR GUESS suggested changing the language in Amendment 3 to                                                                 
say, "the retailer may not allow access."                                                                                       
                                                                                                                                
Amendment 3 was tabled.                                                                                                         
                                                                                                                                
10:05:36 AM                                                                                                                   
SENATOR GUESS moved Amendment 4.                                                                                                
                                                      24-LS0588\I.6                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 4                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 106(   ), Draft Version "I"                                                                                      
                                                                                                                                
Page 5, lines 21 - 22:                                                                                                          
     Delete "ephedrine, pseudoephedrine, or phenylpropanolamine,                                                                
     or their salts, isomers, or salts of isomers, iodine, or                                                                   
     crystal iodine"                                                                                                            
     Insert  "iodine  or crystal  iodine,  contains  as the  sole                                                               
     active    ingredient    ephedrine,    pseudoephedrine,    or                                                               
     phenypropanolamine, or,  when required by the  department by                                                               
     regulation,    contains    any    amount    of    ephedrine,                                                               
     pseudoephedrine, or phenypropanolamine in any combination,"                                                                
                                                                                                                                
SENATOR GUESS explained the sole active ingredient critical                                                                     
chemicals would be placed behind the pharmacy counter.                                                                          
                                                                                                                                
10:10:26 AM                                                                                                                   
Amendment 4 was tabled.                                                                                                         
                                                                                                                                
SENATOR GUESS introduced Amendment 5.                                                                                           
                                                     24-LS0588\I.11                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 5                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 106(  ), Draft Version "I"                                                                                       
                                                                                                                                
Page 5, line 9:                                                                                                                 
     Delete "three years"                                                                                                       
     Insert "one year or a shorter period of time established by                                                                
     the department by regulation"                                                                                              
                                                                                                                                
SENATOR GUESS explained it changes the holding time of the log                                                                  
to one year.                                                                                                                    
                                                                                                                                
Amendment 5 was tabled.                                                                                                         
                                                                                                                                
SENATOR GUESS introduced Amendment 6.                                                                                           
                                                                                                                                
                                                     24-LS0588\I.13                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 6                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 106(  ), Draft Version "I"                                                                                       
                                                                                                                                
Page 5, lines 15 - 17:                                                                                                          
     Delete  "requires  the  purchaser  to  sign  a  written  log                                                               
     completed  by   the  retailer  showing   the  date   of  the                                                               
     transaction, name  of the purchaser, type  of identification                                                               
    and the identification number, and the amount dispensed"                                                                    
     Insert "keeps a log listing information required by the                                                                    
     Department of Public Safety by regulation"                                                                                 
                                                                                                                                
SENATOR GUESS explained it puts the log into regulation to                                                                      
ensure law enforcement has the information they need.                                                                           
                                                                                                                                
10:14:51 AM                                                                                                                   
CHAIR SEEKINS asked whether Senator Guess would consider an                                                                     
amendment to Amendment 6, which proposes to keep the log on a                                                                   
form provided by the Department of Public Safety.                                                                               
                                                                                                                                
SENATOR GUESS preferred to keep the option of electronic forms.                                                                 
                                                                                                                                
Amendment 6 was adopted.                                                                                                        
                                                                                                                                
SENATOR GUESS introduced Amendment 7.                                                                                           
                                                     24-LS0588\I.14                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 7                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                          BY SENATOR GUESS                                                                 
     TO:  CSSB 106(   ), Draft Version "I"                                                                                      
                                                                                                                                
Page 6, following line 15:                                                                                                      
     Insert new subsections to read:                                                                                            
          "(f)  A person has a duty to exercise that degree of                                                                  
     care that a  reasonable person would observe  to ensure that                                                               
     the  requirements  of  (b)  and  (c)  of  this  section  are                                                               
     complied with.   This duty  of the person  includes ensuring                                                               
     the  compliance by  agents or  employees with  this section,                                                               
     including  acting  with  reasonable diligence  to  determine                                                               
     that agents  or employees are  advised of the  provisions of                                                               
     this section,  either by securing the  agent's or employee's                                                               
     written acknowledgment of  posted instructions or otherwise.                                                               
     A person may neither knowingly  allow agents or employees to                                                               
     violate  this  section  nor   recklessly  or  with  criminal                                                               
     negligence  fail   to  act  in  accordance   with  the  duty                                                               
     prescribed  under this  subsection with  the result  that an                                                               
     agent or  employee of the  licensee violates a  provision of                                                               
     this section.                                                                                                              
          (g)  It is an affirmative defense to a prosecution of                                                                 
     a  person that  the  person exercised  that  degree of  care                                                               
     specified  in (f)  of  this section  and  did not  knowingly                                                               
     allow  a violation  of this  section or  recklessly or  with                                                               
     criminal  negligence  fail  to   act  as  required  by  this                                                               
     section."                                                                                                                  
                                                                                                                                
Renumber the following subsection accordingly.                                                                                  
                                                                                                                                
Page 6, line 19:                                                                                                                
     Delete ""knowingly" has"                                                                                                   
     Insert    ""knowingly,"    "recklessly,"    and    "criminal                                                               
     negligence" have"                                                                                                          
                                                                                                                                
Page 6, line 20:                                                                                                                
     Delete "meaning"                                                                                                           
     Insert "meanings"                                                                                                          
                                                                                                                                
SENATOR GUESS explained it would add a new subsection mirrored                                                                  
after the structure of selling alcohol. Hearing no objections                                                                   
Amendment 7 was adopted.                                                                                                        
                                                                                                                                
10:17:38 AM                                                                                                                   
SENATOR GUESS asked the committee for help with language on the                                                                 
issue of people who purchase large amounts of Sudafed for legal                                                                 
purposes.                                                                                                                       
                                                                                                                                
10:20:34 AM                                                                                                                   
CHAIR SEEKINS agreed SB 106 should make sure something other                                                                    
than just possession is a reason for suspicion.                                                                                 
                                                                                                                                
10:22:40 AM                                                                                                                   
SENATOR HUGGINS expressed concern that SB 106 would keep honest                                                                 
people from buying cold medicine.                                                                                               
                                                                                                                                
CHAIR SEEKINS urged the committee to craft one bill out of SB
70, SB 106, and HB 149.                                                                                                         
                                                                                                                                
10:24:32 AM                                                                                                                   
CHAIR SEEKINS held SB 106 in committee.                                                                                         

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