|
H.B.
No. 0293 |
Illegal
drug manufacturing-precursor chemicals. |
Sponsored
By: Representative(s) Harvey, Harshman,
Jorgensen, Luthi, Osborn and White
AN
ACT relating to controlled substances; regulating the sale of illegal drug
precursors as specified; prohibiting sales to minors; providing penalties; and
providing for an effective date.
1/20/2005 Bill Number Assigned
1/21/2005 H Received for Introduction
1/21/2005 H Introduced and Referred to H10
1/25/2005 H10 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Barnard, Harvey, Hastert,
Iekel, Martin, Morgan and Osborn
Nays:
Representative(s) Brechtel
Excused:
Representative(s) Jackson
Ayes 7 Nays 1 Excused
1 Absent 0 Conflicts 0
1/25/2005 H Placed on General File
HB0293HS001/ADOPTED
Page 3-line 8 After "pseudoephedrine" delete "hydrochloride" insert "base".
Page 4-line 3 Delete ";" insert ".". OSBORN, CHAIRMAN
HB0293HW001/ADOPTED (CORRECTED COPY)
Page 1-line 9 Delete
"(j)" insert "(n)".
Page 1 line 14 Before "penalties"
insert "registration requirements; reports;".
Page 2-line 1 Delete "possession" insert "no person shall possess".
Page 2-line 2 Delete first "of".
Page 2-line 4 Delete "shall constitute a"; insert ".".
Page 2-lines 5 and 6 Delete.
Page 2-line 7 Delete the line
through "by".
Page 2-line 13 After "products" insert "registered with the
board".
Page 3-line 3 After "drugs" insert "or liquid products with ephedrine or pseudoephedrine as the
sole active ingredient".
Page 3-line 7 After "of" insert "the
active equivalent of".
Page 4-After line 3 Insert:
"(iii) No
person under the age of eighteen (18) years may sell a product containing a methamphetamine
precursor drug.".
Page 6-After line 6 Insert:
"(k) A
resident or nonresident retailer, manufacturer or wholesaler who distributes
ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or
salts of isomers in Wyoming shall:
(i) Register
with the board by submitting an application on a form prescribed by the board
and pay a registration fee of twenty-five dollars ($25.00). Where the retailer, manufacturer or
wholesaler distributions are conducted at more than one (1) location, each
location shall be separately registered.
Except as provided in subsection (m) of this section, those facilities
registered with the board under W.S. 35-7-1024 on July 1, 2005, shall not be
required to register under this section;
(ii) Notify the
board of the occurrence of any of the following:
(A) The
permanent closing of the retailer, manufacturer or wholesaler outlet;
(B) A change in
ownership, name, management or location.
(iii) Be
subject to inspection by the board. Inspections shall be conducted during
normal business hours and shall be limited to the following:
(A) For retail
distribution, inspection of the method of display and sale of any drug products
covered by this section;
(B) For manufacturer or wholesaler distribution, inspection
of the purchase and sale records of any drug products covered by this section.
(iv) Display
the registration issued by the board in a conspicuous location in the place of
business;
(v) Provide
reports to the board as follows:
(A) A
manufacturer or wholesaler who distributes drug products covered by this
section shall submit a monthly report no later than the 10th day of
the month immediately following the month in which the distribution takes
place.
(B) The report
shall include a listing by retail vendor, including the name of the proprietary
product, package size, date shipped and quantity shipped.
(m) A
registration issued under this section shall be renewed annually, on or before
September 30, by submitting a renewal application supplied by the board and
paying the renewal fee of twenty-five dollars ($25.00). Renewal applications postmarked after
September 30 shall be subject to a late fee of fifty dollars ($50.00) which
shall be in addition to the renewal fee.
(n) The board
may revoke, suspend or assess an administrative penalty not to exceed one
hundred dollars ($100.00) for a first offense, five hundred dollars ($500.00)
for a second offense within two (2) years and one thousand dollars ($1,000) for
a third offense within three (3) years.
Any administrative penalty assessed shall be paid to the board who shall
remit the monies to the county treasurer to the credit of the public school
fund of the county in which the violation occurred.". HARVEY
2/1/2005 H Passed CoW
2/2/2005 H Passed 2nd Reading
2/3/2005 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby,
Barnard, Berger, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks,
Edwards, Esquibel, Gay, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey,
Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Jorgensen, Landon, Lockhart,
Lubnau, Martin, McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen,
Petersen, Philp, Powers, Robinson, Samuelson, Semlek, Simpson, Slater,
Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.
Nays:
Representative(s) Alden, Brechtel, Gilmore, Latta, Luthi and Quarberg.
Excused:
Representative(s) Reese
Ayes 53 Nays 6 Excused
1 Absent 0 Conflicts 0
2/4/2005 S Received for Introduction
2/8/2005 S Introduced and Referred to S10
2/17/2005 S10 Recommended Amend and Do Pass
ROLL CALL
Ayes:
Senator(s) Aullman, Barrasso, Decaria and Scott
Excused:
Senator(s) Massie
Ayes 4 Nays 0 Excused
1 Absent 0 Conflicts 0
2/17/2005 S Placed on General File
HB0293SS001/ADOPTED (TO ENGROSSED COPY)
page 1-line 3 After
"minors;" insert "providing a definition;".
Page 1-line 9 Delete
"(n)" insert "(p)".
Page 2–line 2 Delete "nine (9)" insert "fifteen (15)".
Page 2-after line 21 Insert and renumber:
"(vi) A
person in possession of more than fifteen (15) grams of methamphetamine
precursor drugs in the person's home or residence under circumstances
consistent with typical medicinal or household use as indicated by, but not
limited to, storage location and possession of products in a variety of
strengths, brands, types, purposes and expiration dates.
(f) A person
who knowingly or intentionally violates subsection (e) of this section is
guilty of a felony punishable by imprisonment for not more than fifteen (15)
years, a fine of twenty-five thousand dollars ($25,000.00), or both.".
Page 2-line 23 Delete "(f)" insert "(g)".
Page 3-line 15 Delete "(g)" insert "(h)";
delete balance of line.
Page 3-lines 16 and 17 Delete.
Page 3-line 19 Delete "(i)".
Page 3-line 21 Delete ";" insert ".".
Page 3-lines 23 and 24 Delete.
Page 4-lines 1 thru 7 Delete.
Page 4-line 9 Delete "(h)" insert "(j)".
Page 5-line 23 Delete "(j)" insert "(k)".
Page 5-line 24 Delete "(f), (g) or (h)" insert "(g), (h) or (j)".
Page 6-line 12 Delete "(k)" insert "(m)".
Page 8-line 16 Delete "(m)" insert "(n)".
Page 9-line 1 Delete "(n)" insert "(o)".
Page 9-line 2 After "penalty" insert "for violations of subsection (m) of this section".
Page 9-after line 9 Insert:
"(p) For
purposes of this section, "methamphetamine precursor drug" means
nonliquid ephedrine, pseudoephedrine or phenylpropanolamine or liquid products
with ephedrine or pseudoephedrine as the sole active ingredient.". SCOTT,
CHAIRMAN
2/18/2005 S Passed CoW
HB0293S2001/FAILED (TO ENGROSSED COPY)
Page 1-line 9 Delete the Senate
Standing Committee Amendment (HB0293SS01/A)
to this line and further amend as follows:
Delete "(n)" insert "(m).
Page 2-lines 9 and 10 Delete and renumber.
Page 2–line 12 Delete "(ii)" insert "(i)".
Page 2–line 15 Delete "(iii)" insert "(ii)".
Page 2–line 17 Delete "(iv)" insert "(iii)".
Page 2–line 19 Delete "(v)" insert "(iv)".
Page 2-after line 21 In the Senate Standing
Committee Amendment (HB0293SS01/AE) to this line, delete "(vi)" insert "(v)".
Page 4-line 9 Before "A" insert "Only
a registered pharmacist shall be"; after "of" insert "nonliquid".
Page 4-line 10 After "precursors" delete balance of line and insert
", subject to the following:".
Page 4-line 11 Delete.
Page 4-line 13 Delete "are" insert "shall
be".
Page 4-line 16 After "(ii)" delete balance of line and insert
"The pharmacy shall maintain a control log to
record the purchase date, name of purchaser, product purchased, quantify
purchased and signature of purchaser for all nonliquid methamphetamine precursor
sales;".
Page 4-lines 17 and 18 Delete.
Page 4-line 20 After "(iii)" delete balance of line and insert
"Any person before purchase of a product
containing a methamphetamine precursor shall display to a pharmacy employee a
photo identification and shall sign the pharmacy control log;".
Page 4-lines 21 thru
24 Delete.
Page 5-line 2 After "(iv)" delete balance of line and insert
"Before the tenth day of each month, each
registered pharmacy shall forward to the board a copy of the control log
required by paragraph (ii) of this subsection.".
Page 5-lines 3 thru 21 Delete and renumber.
Page 6-line 1 Delete "one hundred dollars" insert "three hundred dollars ($300.00)".
Page 6-line 2 Delete "($100.00)"; delete "five hundred dollars" insert "seven hundred fifty dollars ($750.00)".
Page 6-line 3 Delete "($500.00)".
Page 6-line 4 Delete "six (6) months" insert "one (1) year".
Page 6-lines 12 thru
23 Delete
including the Senate Standing Committee Amendment (HB0293SS01/AE) to these
lines and renumber.
Pages 7 and 8 Delete including the
Senate Standing Committee Amendment (HB0293SS01/AE) to these pages.
Page 9-line 1 Delete the Senate
Standing Committee Amendment (HB0293SS01/AE) to this line and further amend as
follows: Delete "(n)" insert "(k) For violation of any provision of this
section,"; after "revoke"
delete "," insert "or"; after "suspend"
insert "the registration of a pharmacy issued
pursuant to W.S. 35-7-1024".
Page 9-line 2 Delete the Senate
Standing Committee Amendment (HB0293SS01/AE) to this line and further amend as
follows: Delete "one hundred dollars" insert "three hundred dollars ($300.00)".
Page 9-line 3 Delete "($100.00)"; delete "five hundred dollars)" insert "seven hundred fifty dollars ($750.00)".
Page 9-line 4 Delete "($500.00)".
Page 9-after line 9 In the Senate
Standing Committee Amendment (HB0293SS01/AE) to this line, delete "(p)" insert "(m)". JENNINGS, SESSIONS
ROLL CALL
Ayes:
Senator(s) Boggs, Coe, Geis, Hanes, Jennings, Meier, Northrup, Peck,
Scott, Sessions and Townsend.
Nays:
Senator(s) Anderson, J., Aullman, Barrasso, Burns, Case, Cooper,
Decaria, Hawks, Hines, Job, Johnson, Larson, Massie, Mockler, Nicholas, Ross,
Schiffer, Vasey and Von Flatern.
Ayes 11 Nays 19 Excused
0 Absent 0 Conflicts 0
2/22/2005 S Passed 2nd Reading
HB0293S3001/FAILED (TO ENGROSSED COPY)
Page 3-line 21 Delete the Senate
Standing Committee Amendment (HB0293SS001/AE) to this line and further amend as
follows: Delete "(f)" insert "(g)";
after "section" delete ";" insert ". Every retail distributor of methamphetamine
precursor drugs shall maintain a control log to record for each purchase of a
methamphetamine precursor drug the purchase date, name of purchaser, product
purchased and signature of the purchaser.
The distributor shall submit a copy of the completed log for each
calendar month to the board no later than the tenth day of the following
month. The board shall review the logs
and submit to the attorney general the name, along with related log entries, of
any person making more than ten (10) purchases of methamphetamine precursor
drugs in any one (1) calendar month.".
Page 8-line 8 Delete "10th" insert "tenth".
JENNINGS, SESSIONS
2/23/2005 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso,
Boggs, Burns, Case, Coe, Cooper, Decaria, Hanes, Hines, Jennings, Job, Johnson,
Larson, Massie, Meier, Nicholas, Northrup, Peck, Ross, Schiffer, Scott,
Sessions, Townsend, Vasey and Von Flatern.
Nays:
Senator(s) Geis, Hawks and Mockler.
Ayes 27 Nays 3 Excused
0 Absent 0 Conflicts 0
2/23/2005 H Did Not Concur
ROLL CALL
Ayes:
Representative(s) Gilmore and Reese.
Nays: Representative(s) Alden, Anderson, R.,
Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee,
Davison, Diercks, Esquibel, Gay, Gingery, Goggles, Hageman, Hammons, Harvey,
Hastert, Hinckley, Iekel, Illoway, Jackson, Landon, Lubnau, Luthi, Martin,
McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Powers,
Quarberg, Robinson, Samuelson, Semlek, Slater, Thompson, Walsh, Wasserburger,
Watt, White and Zwonitzer.
Excused:
Representative(s) Edwards, Harshman, Jones, Jorgensen, Latta, Lockhart,
Philp, Simpson and Warren.
Ayes 2 Nays 49 Excused
9 Absent 0 Conflicts 0
2/24/2005 S Appointed JCC01 Members
Senator(s) Barrasso, Cooper and
Mockler
2/25/2005 H Appointed JCC01 Members
Representative(s) Harvey, Brechtel
and White
3/1/2005 H Adopted HB0293JC01
ROLL CALL
AYES:
Representative(s) Alden,
Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks,
Edwards, Esquibel, Gay, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey,
Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Landon, Lockhart, Lubnau,
Martin, McOmie, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen,
Philp, Powers, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh,
Warren, Wasserburger, Watt, White, Zwonitzer.
NAYS: Representative(s) Gilmore, Luthi, Quarberg.
EXCUSED: Representative(s) Jorgensen, Latta, Reese.
Ayes 54 Nays 3 Excused 3 Absent 0 Conflict
0
3/2/2005 S Adopted HB0293JC01
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso,
Boggs, Burns, Case, Coe, Cooper, Decaria, Geis, Hawks, Hines, Jennings, Job,
Johnson, Larson, Massie, Meier, Mockler, Nicholas, Northrup, Peck, Ross,
Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern.
Excused:
Senator(s) Hanes
Ayes 29 Nays 0 Excused
1 Absent 0 Conflicts 0
HB0293JC01/AA ADOPTED
(TO ENGROSSED COPY)
Pursuant to Joint Rule 2-4, the House
recedes from its non-concurrence and adopts the following Senate
amendment:
HB0293SS001/A
HARVEY, BRECHTEL, WHITE, BARRASSO, COOPER,
MOCKLER
3/2/2005 Assigned Number HEA No. 0133
3/3/2005 H Speaker Signed HEA No. 0133
3/3/2005 S President Signed HEA No. 0133
3/15/2005 Governor Signed HEA No. 0133
3/15/2005 Assigned Chapter Number
Chapter No. 0246 Session Laws of Wyoming 2005.