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.]