Date: 03/27/2012

Final
BILL SUMMARY for HB12-1325

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared amendment L.008 (Attachment A). The
Refer House Bill 12-1325, as amended, to the Commi		Pass Without Objection
PASS



01:32 PM -- House Bill 12-1325

Representative Summers, prime sponsor, presented House Bill 12-1325 concerning tracking transactions related to methamphetamine precursor drugs. 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. This 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 the online National Precursor Log Exchange (NPLEx) prior to making a sale of methamphetamine precursor drugs, assuming the online system is available without a charge. The NPLEx 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 NPLEx as soon as possible.

The National Association of Drug Diversion Investigators (NADDI), which administers the NPLEx, is required to send a weekly report of state transaction records to the Colorado Bureau of Investigation (CBI). The NADDI is also required to provide real-time access to Colorado law enforcement officials through the NPLEx Internet portal site as authorized by the CBI.

The bill limits liability for stores using the NPLEx 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 NPLEx and may, instead, use a handwritten log. Local laws or ordinances regulating the sales of methamphetamine precursor drugs are preempted by the bill.

Representative Summers responded to questions from the committee about requirements for businesses under the bill.

01:48 PM -- Carlos Gutierrez, representing the Consumer Healthcare Products Association, testified in support of the bill. Mr. Gutierrez spoke about pseudoephedrine sales in Colorado and nationally. He discussed the use of pseudoephedrine in the manufacture of methamphetamine. He explained the NPLEx system and how it is used by businesses and law enforcement officials on a daily basis. He addressed privacy concerns about the system and spoke about pseudoephedrine sales that have been blocked in states using the system. Mr. Gutierrez responded to questions from the committee.

01:55 PM -- Betty Iverson, representing Johnson & Johnson, testified in support of the bill. Ms. Iverson stressed that the bill does not represent a new mandate to the state. She stated that it can be implemented at no cost. She responded to questions from the committee about the existing federal mandate for businesses to keep a paper log.

01:59 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman stated that law enforcement officials would value real-time access to methamphetamine precursor drug logs. She responded to questions from the committee about law enforcement access to the information in the NPLEx.

02:02 PM -- Former Representative Brad Young, representing Rx Plus Pharmacies, testified in support of the bill. Representative Young discussed different logging methods currently being used by his members. He responded to questions from the committee. Mr. Gutierrez returned to the table to clarify the technology requirements under the bill.

02:08 PM -- Shannon Butler, representing the Colorado Retail Council, testified in support of the bill.

02:10 PM -- Sergeant Jim Gerhardt, representing the Colorado Drug Investigators' Association, testified in opposition to the bill. Sgt. Gerhardt spoke about the investigation of methamphetamine crimes. He expressed his opinion that, while having a centralized logging system might provide some utility as an investigative tool, such a system will also flag potentially innocent individuals. He indicated that law enforcement officials in states using the NPLEx system have reported an increase in the number of methamphetamine labs. He stated that the most effective way to curb the manufacture and sale of methamphetamine is to return pseudoephedrine to a prescription status. He raised concerns about the local preemption provision in the bill and how it might preclude innovative prevention programs at the local level. Sgt. Gerhardt responded to questions from the committee.

02:23 PM -- Kevin Bommer, representing the Colorado Municipal League, testified in opposition to the bill. Mr. Bommer reiterated the testimony of Sgt. Gerhardt.

02:27 PM -- Annmarie Jensen, representing the Colorado Association of Chiefs of Police, testified about the bill. Ms. Jensen stated her opinion that the bill should be technology-neutral because the vendor named in the bill is supported by the pharmaceutical industry. She would prefer a vendor that is more prevention-oriented. She reiterated the testimony of prior witnesses about removing the local preemption provision. She stated that the NPLEx has had mixed results in other states. Ms. Jensen responded to questions from the committee.
BILL:HB12-1325
TIME: 02:40:25 PM
MOVED:Waller
MOTION:Adopt prepared amendment L.008 (Attachment A). The motion passed without objection.

HseJud0327AttachA.pdf
SECONDED:DelGrosso
VOTE
DelGrosso
Duran
Kagan
Lee
Nikkel
Pabon
Ryden
Sonnenberg
Waller
Barker
Gardner B.
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB12-1325
TIME: 02:42:44 PM
MOVED:Waller
MOTION:Refer House Bill 12-1325, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-2.
SECONDED:Kagan
VOTE
DelGrosso
Yes
Duran
Yes
Kagan
Yes
Lee
Yes
Nikkel
No
Pabon
Yes
Ryden
Yes
Sonnenberg
No
Waller
Yes
Barker
Yes
Gardner B.
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:45 PM

The committee adjourned.