Bill Summary for Bill Number HB12-1325

Date: 05/04/2012

Final
BILL SUMMARY for HB12-1325

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt an amendment to prepared Amendment L.015: Pa Adopt an amendment to the reengrossed bill: Page 4 Adopt prepared Amendment L.012 (Attachment L). Sen Adopt prepared Amendment L.015 (Attachment J), as Refer House Bill 12-1325, as amended, to the Commi	Pass Without Objection Pass Without Objection TIE Pass Without Objection PASS

07:25 PM -- House Bill 12-1325

Senator Nicholson, sponsor, presented House Bill 12-1325. Current law prohibits stores from selling and individuals from purchasing more than 3.6 grams of any methamphetamine precursor drug or combination of methamphetamine precursor drugs in a 24-hour period. The bill changes the relevant sale period from 24 hours to one calendar day. It also adds a prohibition against the sale or purchase of more than 9 grams of methamphetamine precursor drugs within a 30-day period.

Store employees are required to check the photo identification of individuals buying nonprescription methamphetamine precursor drugs and log each sale. Beginning January 1, 2013, stores will be required to submit the information in the log to an electronic logging system prior to making a sale of methamphetamine precursor drugs, assuming the system is available without a charge. The electronic logging system will generate a stop sale alert if the sale would result in the store or purchaser violating the quantity limits. Store employees may not complete a sale if a stop sale alert is generated unless stopping the sale puts the employee in fear of imminent bodily injury. Stores are required to keep a manual log in the event of mechanical failure and submit the information in the manual log to the electronic logging system as soon as possible.

The bill limits liability for stores using the electronic logging system to those acts that are negligent, reckless, or deliberate misconduct. Stores that do not have more than ten methamphetamine precursor drug transactions in a seven-day period are exempt from the requirement to use the electronic logging system and may, instead, use a handwritten log. Local laws or ordinances regulating the sales of methamphetamine precursor drugs are preempted by the bill. Finally, the bill prohibits an administrator of an electronic logging system from selling, transferring, sharing, or distributing information received through the log for commercial purposes.

07:26 PM

Senator Nicholson explained her reasons for sponsoring the bill. She distributed prepared Amendment L.015 and a memorandum prepared by Legislative Council Staff concerning its effects (Attachments J and K, respectively). Senator Carroll distributed prepared Amendment L.012 (Attachment L).

07:29 PM

Senator Nicholson responded to questions from Senator Carroll.

The following individuals testified regarding the bill:

07:30 PM -- Mr. Carlos Gutierrez, representing the Consumer Healthcare Products Association, testified in support of the bill. He said that his organization takes the possibility of their products being used to manufacture methamphetamine very seriously. He described the benefits of the electronic logging system. He spoke about other states' laws on this issue. Mr. Gutierrez responded to questions from Senator Carroll concerning what foreclosure is offered to purchasers of methamphetamine precursor drugs. Discussion then turned to the vendors for the electronic logging system.

07:38 PM

Mr. Gutierrez responded to questions from Senator Guzman concerning the cost of the legislation.

07:39 PM -- Ms. Annmarie Jensen, representing the Colorado Association of Chiefs of Police and the Drug Investigators' Association, testified in opposition to the bill. She said that simply tracking purchases will have little effect, because methamphetamine dealers often use fake identification cards. She said that methamphetamine labs increased in some states that adopted similar legislation. Ms. Jensen expressed the view that state agency oversight over the database is critical to its success. She spoke about how the amendment would affect state oversight. She responded to previous questions concerning law enforcement access to the paper logs that are kept under current law. She said that law enforcement would prefer to stop purchases of methamphetamine precursor drugs rather than review purchases that have already occurred. Ms. Jensen encouraged the committee to adopt an amendment to interface the electronic logging system with the Colorado Crime Information Center (CCIC) system.

07:46 PM -- Ms. Marla Frawner, representing the Colorado Retail Council and King Soopers, testified regarding the bill. She explained that she is a pharmacist. She said that King Soopers stores are phasing in an electronic system in its pharmacies. She described the benefits if all Colorado pharmacies had an electronic logging system. She listed the benefits of the bill. Senator Carroll asked Ms. Frawner how long pharmacies keep data collected from scanned identification cards. Discussion continued concerning notice given to purchasers of methamphetamine precursor drugs, with Senator Roberts weighing in as well.

07:53 PM -- Ms. Shannon Butler, representing the Colorado Retail Council, Johnson & Johnson, Pfizer, and Rx Plus Pharmacies, testified in support of the bill.

07:55 PM -- Mr. Jim Acquisto, representing Appriss, Inc., testified in support of the bill. He described the advantages of an electronic logging system over paper logs. He spoke about his work building a real-time electronic system that blocks illegal sales. Mr. Acquisto stated that in other states, electronic logging systems have helped law enforcement stop the production of methamphetamines. He emphasized the security and reliability of the electronic logging system.

08:03 PM

Mr. Acquisto responded to questions from Senator Carroll about the number of vendors who sell products similar to his company's. In response to further questions, he said that federal law requires records to be retained for at least two years, and after that they obey state laws concerning whether records need to be destroyed. Senator Carroll asked if a subpoena or warrant is required before law enforcement can search the database. Senator Guzman asked what would be required to make methamphetamine precursor drugs available only by prescription. Discussion continued.

08:09 PM

Senator Carroll asked why records concerning medications that are purchased legally should be kept indefinitely and be available to law enforcement without probable cause. Mr. Acquisto spoke about prescription drug abuse. He said that people do not want to get a prescription before buying drugs such as Sudafed. Senator Carroll spoke about other legal products that could be used to manufacture illegal products such as drugs or bombs. Discussion ensued.

08:15 PM

Senator Nicholson explained prepared Amendment L.015 (Attachment J). She responded to questions from Senator S. King about language in the amendment concerning an oral notification. Senator Roberts said that she is already notified when she buys allergy drugs. Committee discussion continued.


BILL:	HB12-1325
TIME:	08:24:10 PM
MOVED:	Carroll
MOTION:	Adopt an amendment to prepared Amendment L.015: Page 1, line 23, strike "orally". The motion passed without objection.
SECONDED:
		VOTE
	Giron
	King S.
	Lundberg	Excused
	Nicholson
	Roberts
	Guzman
	Carroll

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1325
TIME:	08:24:39 PM
MOVED:	Nicholson
MOTION:	Adopt prepared Amendment L.015 (Attachment J), as amended. The motion passed without objection.
SECONDED:
		VOTE
	Giron
	King S.
	Lundberg	Excused
	Nicholson
	Roberts
	Guzman
	Carroll

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1325
TIME:	08:25:21 PM
MOVED:	Carroll
MOTION:	Adopt an amendment to the reengrossed bill: Page 4, line 17, strike "be immune". Page 4, line 18, strike "from liability" and substitute "not be civilly liable". The motion passed without objection.
SECONDED:
		VOTE
	Giron
	King S.
	Lundberg	Excused
	Nicholson
	Roberts
	Guzman
	Carroll

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1325
TIME:	08:28:00 PM
MOVED:	Carroll
MOTION:	Adopt prepared Amendment L.012 (Attachment L). Senator Carroll and Senator S. King discussed the amendment. The motion failed on a 3-3 vote, with one member excused.
SECONDED:
		VOTE
	Giron	Yes
	King S.	No
	Lundberg	Excused
	Nicholson	No
	Roberts	No
	Guzman	Yes
	Carroll	Yes

YES: 3 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: TIE


BILL:	HB12-1325
TIME:	08:29:47 PM
MOVED:	Nicholson
MOTION:	Refer House Bill 12-1325, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-1, with one member excused.
SECONDED:
		VOTE
	Giron	Yes
	King S.	Yes
	Lundberg	Excused
	Nicholson	Yes
	Roberts	Yes
	Guzman	Yes
	Carroll	No

Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS