Legislature(2005 - 2006)HOUSE FINANCE 519
04/05/2005 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB119 | |
| HB16 | |
| HB156 | |
| HB122 | |
| HB149 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 122 | TELECONFERENCED | |
| += | HB 149 | TELECONFERENCED | |
| += | HB 156 | TELECONFERENCED | |
| + | HB 201 | TELECONFERENCED | |
| = | HB 16 | ||
| = | HB 119 | ||
HOUSE BILL NO. 149
"An Act relating to further regulation of the sale,
possession, and delivery of certain chemicals and
precursors used in the manufacture of methamphetamine."
3:45:42 PM
Co-Chair Chenault MOVED to ADOPT the new CS for HB 149,
labeled 24-LS0596\U, Luckhaupt, 3/31/05. There being NO
OBJECTION, it was so ordered.
REPRESENTATIVE JAY RAMRAS, sponsor, mentioned that there is
an indeterminate fiscal note related to costs by the Public
Defender Agency. He noted that the governor is supportive
of this bill. He pointed out that the bill deals with
deterrents, but also attempts to cut down on the supply of
methamphetamines. He spoke of areas in Alaska with profound
problems such as Barrow, the MatSu Valley, North Pole,
outside of Fairbanks, and other rural areas. He explained
some of the problems associated with methamphetamines. He
noted that the bill also addresses the abuse of steroids.
Vice-Chair Stoltze talked about enhanced protection and
first responders.
JANE W. PIERSON, STAFF, REPRESENTATIVE JAY RAMRAS, related
that the bill went before legislative legal, which said
enhancement is not a new element of the crime. Reckless
endangerment is already a crime.
3:54:31 PM
Representative Ramras clarified that pseudo ephedrine is a
necessary ingredient of methamphetamine. He noted that it
is the best substance to cook the agent with.
TIM BIRT, SERGEANT, JUNEAU, STATE TROOPERS, spoke in support
of the legislation. He explained that without pseudo
ephedrine there is no methamphetamine. He observed that
there is a legitimate use for pseudo ephedrine. He spoke to
the benchmark of products. Six grams would allow the use
suggested by the manufacturer. For every $100 put into the
cost of manufacturing, there is a $1,000 return.
Methamphetamine is extremely addictive. He spoke in support
of provisions requiring registration by consumers. He
stated that there is a spectrum on retail sales, where some
manufacturers provide little or no records sales. Other
manufacturers attempt to control products from theft or ask
for names and addresses for suspicious sales.
4:01:13 PM
In response to a question by Vice-Chair Stoltze, Sergeant
Birt noted that there are a variety of ways of transmitting
information regarding sales of pseudo ephedrine at this
point.
Co-Chair Chenault observed that buyers could be required to
sign as they currently do for prescription drugs. He asked
how the state would access the information.
Sergeant Birt responded that troopers would create a working
relationship with retailers. The intent would be to not
adversely impact the retailers or create burdens.
4:04:50 PM
Co-Chair Chenault noted the delicate nature of the
information. He questioned if there needs to be statute
changes to allow access to confidential material. He
expressed concern with the indeterminate fiscal notes. He
pointed out that he didn't know if there would be 200 or 2
more arrests with the legislation. He acknowledged the need
for the legislation, but stressed that the Committee must
look at the ability to finance the law.
4:07:32 PM
Representative Ramras emphasized that the intent is to choke
the supply and make it more difficult to obtain. He
estimated that there could be a positive affect on law
enforcement if methamphetamine laboratories were shut down.
4:08:49 PM
Representative Hawker referred to nine and six tab limits
and questioned how many tablets make up nine grams.
Sergeant Birt stated that three hundred tablets make up nine
grams. Every unit of pseudo ephedrine equals 5.75 product
produced.
Representative Hawker discussed dosages in an attempt to
ascertain if the parameters were appropriate. He noted that
a 30-milligram tablet would be reduced to 75 percent or 24
milligrams of methamphetamine. He concluded that one-tenth
of a gram would be a street dose of methamphetamine.
Representative Hawker asked if it would be an impediment to
require similar procedures for other prescription drugs.
Sgt. Birt responded that it would not.
4:14:18 PM
Representative Hawker suggested that there would be privacy
issues. He expressed a concern that the right to privacy
not be over-stepped.
Representative Holm expressed concern about the right to
warrant. He noted that other information couldn't be
obtained with out court interaction. The legislation would
allow the state to obtain the information at will, and he
questioned if it would violate the right to privacy.
Representative Holm questioned if nine grams was too great
an amount. He asked why anyone would need more than 30
tablets.
4:17:13 PM
Representative Foster noted that he lives in rural areas in
the summer and that he stocks up on all his supplies.
Representative Weyhrauch stressed that it is a national and
rural problem in all areas of the nation. He emphasized the
severity of the problem of pseudo ephedrine use.
MARLENA ADAMS, WASILLA, (via teleconference) testified in
support of the legislation. She noted that she was addicted
to methamphetamine, which almost cost her life. She was
burned on 47 percent of her body as a result of an explosion
resulting from methamphetamine use. She emphasized that
users become vicious and paranoid. She spoke in support of
stronger limitations and penalties.
KURT KORNCHUCK, ANCHORAGE POLICE DEPARTMENT, (via
teleconference) testified in support of the legislation. He
noted that similar legislation in California has been very
successful. He did not think the measure was drastic in
comparison to the problem. He recounted instances relating
to methamphetamine use in Anchorage. He agreed with a six-
gram limit.
4:29:10 PM
Representative Hawker stressed the intent to protect the
confidentiality of records so that they do not fall prey to
marketing.
Representative Hawker MOVED to ADOPT Conceptual Amendment 1:
Page 9, lines 19 and 20:
After "dispensed." Delete all material and insert the
following:
"Upon the request, the Department of Public Safety and
other law enforcement officers shall have access to the
log. The log may be used for law enforcement purposes,
but is otherwise confidential and not subject to public
disclosure under AS 40.25.100 - 40.25.220."
Representative Hawker explained that confidentiality of a
records log, kept by the retailer, should be maintained with
a confidentiality standard in keeping with that used by
paramedical companies, but should not require a warrant
situation for law enforcement.
Representative Ramras expressed concern that retailers
should not be subject to a crime if they do not keep up
their logs adequately. He pointed out that there could be a
variety of areas where pseudo ephedrine is sold, such as
hotel gift shops.
Representative Hawker responded that less sophisticated
sellers would need to ask the vast majority of innocent
Alaskans to register their driver's licenses and other
information. He brought up the issue of identity theft and
asked for a legal opinion.
4:34:54 PM
Representative Ramras suggested that Representative Hawker
look on page 9, line 8, where a conceptual amendment could
be inserted to address confidentiality concerns.
Representative Hawker pointed out that he referred to the
wholesaler's portion.
Ms. Carpenetti offered to help Representative Hawker with
the language for Conceptual Amendment 1.
There being NO OBJECTION, Conceptual Amendment 1 was
ADOPTED.
Co-Chair Meyer asked if there should be a penalty if the
provision is not met.
Representative Hawker affirmed, but emphasized that he would
leave it up to the Department of Law.
Co-Chair Meyer agreed with the intent of the amendment.
Representative Foster MOVED to report CSHB 149 (FIN) out of
Committee with the accompanying fiscal notes. There being
NO OBJECTION, it was so ordered.
CSHB 149 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with four previously published
fiscal notes: zero note #1 COR, zero note #2 LAW,
indeterminate note #3 DOA, indeterminate note #4 DOC, and
with a new fiscal impact note by CED.
[HB 201 was postponed.]
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