HOUSE 3rd Reading Unamended April 24, 2012 HOUSE Amended 2nd Reading April 23, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0863.01 Michael Dohr x4347 HOUSE BILL 12-1325 HOUSE SPONSORSHIP Summers, SENATE SPONSORSHIP Nicholson, House Committees Senate Committees Judiciary Appropriations A BILL FOR AN ACT Concerning tracking transactions related to methamphetamine precursor drugs. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Under current law, during any 24-hour period a person may not knowingly deliver in or from a store to the same individual, and a person may not purchase from a store, more than 3.6 grams of a methamphetamine precursor drug, or a combination of 2 or more methamphetamine precursor drugs. The bill changes the 24-hour period to a period of one calendar day. The bill adds more than 9 grams of methamphetamine precursor drugs during a 30-day period to those prohibitions. A store is required to check a customer's identification before selling the methamphetamine precursor drug and keep a log of each sale. Beginning January 1, 2013, a store before completing a precursor sale must electronically submit the required information to the national precursor log exchange if the system is available without a charge to stores for access. If the sale would result in the store or purchaser violating the quantity limits, the system will generate a stop sale alert. The person shall not complete the sale if the system generates a stop sale alert; except that the person may make the sale if he or she has a reasonable fear of imminent bodily harm if the sale is not completed. If the electronic system is unavailable, the store must keep a log until the system becomes available. There is an exception for stores that make fewer than 10 transactions during a 7-day period. The Colorado bureau of investigation will receive weekly reports from the national precursor log exchange and can allow Colorado law enforcement agencies to access the exchange. The provisions preempt any local ordinances. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 18-18-412.8, amend (2) and (4); and add (2.7), (3.5), (6), and (7) as follows: 18-18-412.8. Retail sale of methamphetamine precursor drugs - unlawful acts - penalty. (2) (a) A person may not knowingly deliver in or from a store to the same individual during any twenty-four-hour period the same calendar day more than three and six-tenths grams of a methamphetamine precursor drug, more than nine grams of a methamphetamine precursor drug during a thirty-day period, or a combination of two or more methamphetamine precursor drugs. (b) A person may not purchase more than three and six-tenths grams of a methamphetamine precursor drug per calendar day, more than nine grams of a methamphetamine precursor drug during a thirty-day period, or a combination of two or more methamphetamine precursor drugs during any twenty-four-hour period the same calendar day. (c) A store shall require a person purchasing a nonprescription product that contains a methamphetamine precursor drug to present valid government-issued photo identification at the point of sale. The store shall record the name and address of the purchaser; name of product purchased and the quantity of methamphetamine precursor drug; date and time purchased; and purchaser identification type and number, such as driver license state and number, and require the purchaser's signature or other evidence of identity in a paper or electronic logbook. (c) (d) It is unlawful for a methamphetamine precursor drug that is offered for retail sale in or from a store to be offered for sale or stored or displayed prior to sale in an area of the store to which the public is allowed access. (2.7) (a) Except as a provided in paragraph (b) of this subsection (2.7), beginning January 1, 2013, a store shall, before completing a sale under this section, electronically submit the information required by paragraph (c) of subsection (2) of this section to an electronic logging system if the system is available without a charge to stores for access. If the sale would result in the store or purchaser violating the quantity limits set forth in subsection (2) of this section, the system shall generate a stop sale alert. The person shall not complete the sale if the system generates a stop sale alert; except that the person may make the sale if he or she has a reasonable fear of imminent bodily harm if the sale is not completed. A person who has a reasonable fear of imminent bodily harm shall use the system's override function to complete the sale. Each instance in which the override function is utilized shall be logged by the system. (b) If a store selling a nonprescription product containing a methamphetamine precursor drug experiences mechanical or electronic failure of an electronic logging system and is unable to comply with the electronic sales tracking requirement, the store shall maintain a written log or an alternative electronic recordkeeping mechanism until such time as the store is able to comply with the electronic sales tracking requirement. (c) A store utilizing an electronic logging system in accordance with this subsection (2.7) shall not be civilly liable as a result of any act or omission in carrying out the duties required by this subsection (2.7) unless the act was negligent, reckless, or deliberate misconduct. A store shall be immune from liability to any third party unless the store has violated any provision of this subsection (2.7) in relation to a claim brought for such violation. (d) A store that has not had more than ten transactions as described in subsection (2) of this section in a seven-day period during the previous sixty-day period is not required to comply with the provisions of this subsection if it provides copies of handwritten logs covering the sixty-day period to law enforcement upon request. (3.5) Paragraph (c) of subsection (2) and subsection (2.7) of this section do not apply to a person who obtains the product pursuant to a valid prescription. (4) For purposes of this section: (a) "Electronic logging system" means a computer-based system that: (I) Operates in real-time receiving and tracking information related to the sales of methamphetamine precursor drugs; (II) Can create a stop sale alert if the purchase would violate the provisions of this section; and (III) Is free of charge to the state, a store, and state and local law enforcement agencies. (a) (b) (I) Except as otherwise provided in subparagraph (II) of this paragraph (a) (b), "methamphetamine precursor drug" means ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, isomers, or salts of isomers. (II) "Methamphetamine precursor drug" does not include a substance contained in any package or container that is labeled by the manufacturer as intended for pediatric use. (b) (c) "Person" means an individual who owns, operates, is employed by, or is an agent of a store. (c) (d) "Store" means any establishment primarily engaged in the sale of goods at retail. (6) This section shall preempt any local laws or ordinances regulating sales of products containing methamphetamine precursor drugs. (7) An administrator of an electronic logging system shall not sell, transfer, share, or distribute the information received through the log for a commercial purpose. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.