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." Vice-Chair Stoltze MOVED to RESCIND the committee's previous action to adopt HB 149. There being NO OBJECTION, it was so ordered. Ms. Cunningham explained that when the bill was taken up before the committee yesterday, Amendment 1 was adopted. It involved confidentiality issues regarding customers who purchase selected ingredients. Legislative Legal determined that it was not necessary to link the confidentiality issue to the Public Information Act, AS 40.25.100 - 40.25.220, because retailers are not a public entity or agency such as state government, which would be subjected to this law. Co-Chair Meyer explained that the bill already contains Amendment 1. Representative Hawker MOVED to ADOPT Amendment 2: Page 9, lines 20-22: Delete all material. Insert "have access to the log. 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." He explained that the amendment makes it clear that an individual's privacy is protected when they are required to sign a log when purchasing Sudafed. The information is kept confidential and the data will not be used inappropriately. 2:01:25 PM Representative Croft commented about how the Freedom of Information Act applies when the log is in the possession of Public Safety. He wondered what is so private about this record. Representative Hawker stated that this is a mandate that protects the person who signs a log, and that makes this information confidential. He voiced concern about requiring retailers to keep records without the protection of privacy. REPRESENTATIVE JAY RAMRAS, sponsor, spoke about the personal information contained on the Fred Meyer Rewards card. He concurred with Amendment 2, but noted that he does not want to lose sight of the intent of the bill. 2:06:03 PM Representative Hawker referred to Representative Croft's concern about confidentiality should law enforcement agencies avail themselves of these records. He agreed that the problem is taken care of in statute. There being NO OBJECTION, Amendment 2 was adopted. 2:07:09 PM Representative Croft MOVED to ADOPT Conceptual Amendment 3: In Section 11, following subsection (e), insert language to the following effect: If a law enforcement agency voluntarily designates itself as a central repository for the information collected in (a) or (b) in this section, with the intention of disseminating the information to other law enforcement agencies, each wholesaler, manufacturer, and distributor shall regularly report that information to the law enforcement agency. Representative Weyhrauch OBJECTED for discussion purposes. Representative Croft explored the reasoning behind the amendment. He questioned how to establish the process of reporting the information in the logs to law enforcement agencies. Co-Chair Meyer asked if the law enforcement agency is responsible for voluntarily sharing the information. Representative Ramras referred to page 10 of the bill and pointed out that this concern is addressed in Section (e). He noted that there are certain communities that have a more severe methamphetamine problem and will have an acute approach; others don't need to gather the information into a central depository site. He stated opposition to Amendment 3 because it could require one law enforcement agency to require all others to comply. He maintained that this issue was adequately addressed in House Judiciary Committee. Co-Chair Meyer termed it a "local option". Representative Ramras agreed. For example, Barrow does not have the same problem that MatSu or North Pole have. 2:12:49 PM Representative Croft asked what would happen if one community decides to do this and the neighboring community does not. Representative Ramras replied that the Department of Public Safety agrees with this language. He pointed out that local law enforcement agencies tend to cooperate in these matters. Representative Croft WITHDREW Amendment 3. 2:14:22 PM Representative Kelly inquired if the logbook is actually going to be used as a deterrent. Representative Ramras responded that it is a deterrent to these types of criminals. They will not buy these substances if they know they have to show identification and sign a log. Representative Foster MOVED to REPORT CSHB 149 (FIN) out of Committee with individual recommendations and 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 the following fiscal impact notes: zero note #1 by the Alaska Court System, zero note #2 by the Department of Law, indeterminate note #3 by the Department of Administration, indeterminate note #4 by the Department of Corrections. 2:17:58 PM