Legislature(2005 - 2006)BUTROVICH 205
04/19/2005 08:30 AM JUDICIARY
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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.