Legislature(2005 - 2006)BUTROVICH 205
04/19/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB20 | |
| SB106 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 20 | TELECONFERENCED | |
| += | SB 106 | TELECONFERENCED | |
| += | SB 74 | TELECONFERENCED | |
| + | 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.
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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.
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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.
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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.
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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.
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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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