Amendments for HB12-1325
House Journal, March 28
54 HB12-1325 be amended as follows, and as so amended, be referred to
55 the Committee on Appropriations with favorable
56 recommendation:
1 Amend printed bill, page 2, line 3, strike "and (6)" and substitute "(6), and
2 (7)".
3
4 Page 3, line 11, after "SIGNATURE" insert "OR OTHER EVIDENCE OF
5 IDENTITY".
6
7 Page 3, strike lines 20 and 21 and substitute "SECTION TO AN ELECTRONIC
8 LOGGING SYSTEM".
9
10 Page 3, line 22, strike "INVESTIGATORS".
11
12 Page 4, line 8, strike "THE ELECTRONIC SALES TRACKING SYSTEM" and
13 substitute "AN ELECTRONIC LOGGING SYSTEM".
14
15 Page 4, line 14, strike "THE ELECTRONIC SALES TRACKING SYSTEM" and
16 substitute "AN ELECTRONIC LOGGING SYSTEM".
17
18 Page 4, strike lines 22 through 27.
19
20 Page 5, strike lines 1 and 2.
21
22 Reletter succeeding section accordingly.
23
24 Page 5, after line 14 insert:
25
26 "(7) AN ADMINISTRATOR OF AN ELECTRONIC LOGGING SYSTEM
27 SHALL NOT SELL, TRANSFER, SHARE, OR DISTRIBUTE THE INFORMATION
28 RECEIVED THROUGH THE LOG FOR A COMMERCIAL PURPOSE.".
House Journal, April 23
26 Amendment No. 1, Judiciary Report, dated March 27, 2012, and placed
27 in member's bill file; Report also printed in House Journal, March 28,
28 pages 839-840.
29
30 Amendment No. 2, by Representative(s) Summers.
31
32 Amend printed bill, page 2, line 3, strike "(2);" and substitute "(2) and
33 (4);".
34
35 Page 5, after line 11 insert:
36
37 "(4) For purposes of this section:
38 (a) "ELECTRONIC LOGGING SYSTEM" MEANS A COMPUTER-BASED
39 SYSTEM THAT:
40 (I) OPERATES IN REAL-TIME RECEIVING AND TRACKING
41 INFORMATION RELATED TO THE SALES OF METHAMPHETAMINE PRECURSOR
42 DRUGS;
43 (II) CAN CREATE A STOP SALE ALERT IF THE PURCHASE WOULD
44 VIOLATE THE PROVISIONS OF THIS SECTION; AND
45 (III) IS FREE OF CHARGE TO THE STATE, A STORE, AND STATE AND
46 LOCAL LAW ENFORCEMENT AGENCIES.
47 (a) (b) (I) Except as otherwise provided in subparagraph (II) of
48 this paragraph (a) (b), "methamphetamine precursor drug" means
49 ephedrine, pseudoephedrine, or phenylpropanolamine or their salts,
50 isomers, or salts of isomers.
51 (II) "Methamphetamine precursor drug" does not include a
52 substance contained in any package or container that is labeled by the
53 manufacturer as intended for pediatric use.
54 (b) (c) "Person" means an individual who owns, operates, is
55 employed by, or is an agent of a store.
56
1 (c) (d) "Store" means any establishment primarily engaged in the
2 sale of goods at retail.".
3
4 As amended, ordered engrossed and placed on the Calendar for Third
5 Reading and Final Passage.
6
Senate Journal, May 7
After consideration on the merits, the Committee recommends that HB12-1325 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 3, line 7, strike "PURCHASER;" and
substitute "PURCHASER, OR IF THE PURCHASER IS A PROGRAM PARTICIPANT
IN THE ADDRESS CONFIDENTIALITY PROGRAM CREATED IN SECTION
24-30-2104, C.R.S., THE PURCHASER'S SUBSTITUTE ADDRESS;".
Page 4, line 17, strike "BE IMMUNE".
Page 4, line 18, strike "FROM LIABILITY" and substitute "NOT BE CIVILLY
LIABLE".
Page 4, after line 21 insert:
"(d) THE ADMINISTRATOR OF AN ELECTRONIC LOGGING SYSTEM
SHALL PROVIDE REAL-TIME ACCESS TO THE INFORMATION IN THE
ELECTRONIC LOGGING SYSTEM TO LAW ENFORCEMENT AGENCIES IN
COLORADO THAT ARE AUTHORIZED BY THE COLORADO BUREAU OF
INVESTIGATION IN THE DEPARTMENT OF PUBLIC SAFETY.
(e) THE COLORADO BUREAU OF INVESTIGATION IN THE
DEPARTMENT OF PUBLIC SAFETY MAY CONDUCT AN ANNUAL COMPLIANCE
AUDIT OF AN ELECTRONIC LOGGING SYSTEM.".
Reletter succeeding paragraph accordingly.
Page 4, after line 27 insert:
"(g) A STORE UTILIZING AN ELECTRONIC LOGGING SYSTEM IN
ACCORDANCE WITH THIS SUBSECTION (2.7) SHALL POST A NOTICE THAT
STATES THAT A PERSON PURCHASING A NONPRESCRIPTION PRODUCT THAT
CONTAINS A METHAMPHETAMINE PRECURSOR DRUG WILL HAVE THE
INFORMATION REQUIRED BY PARAGRAPH (c) OF SUBSECTION (2) OF THIS
SECTION SUBMITTED TO AN ELECTRONIC LOGGING SYSTEM, AND AN
EMPLOYEE WHO SELLS A NONPRESCRIPTION PRODUCT THAT CONTAINS A
METHAMPHETAMINE PRECURSOR DRUG TO A PERSON SHALL NOTIFY THE
PERSON THAT THE EMPLOYEE WILL HAVE THE INFORMATION REQUIRED BY
PARAGRAPH (c) OF SUBSECTION (2) OF THIS SECTION SUBMITTED TO AN
ELECTRONIC LOGGING SYSTEM.".
Judiciary
Senate Journal, May 8
After consideration on the merits, the Committee recommends that HB12-1325 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend the Judiciary Committee Report, dated May 4, 2012, page 1,
strike lines 8 through 17.
Page 1 of the committee report, line 19, strike ""(g)" and substitute ""(e)".
Amend reengrossed bill, page 5, strike lines 25 through 27.
Renumber succeeding subsection accordingly.
Senate Journal, May 8
HB12-1325 by Representative(s) Summers; also Senator(s) Nicholson--Concerning tracking transactions
related to methamphetamine precursor drugs.
Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, May 7, pages 1112-1113 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment
(Printed in Senate Journal, May 8, page 1187 and placed in members' bill files.)
Amendment No. 3(L.022), by Senator Nicholson.
Amend reengrossed bill, page 4, after line 21, insert:
"(d) THE ADMINISTRATOR OF AN ELECTRONIC LOGGING SYSTEM
SHALL FORWARD ON A WEEKLY BASIS STATE TRANSACTION RECORDS TO
THE COLORADO BUREAU OF INVESTIGATION, IN A FORMAT AGREED TO BY
BOTH PARTIES, AND PROVIDE REAL-TIME ACCESS TO THE INFORMATION
THROUGH THE COLORADO CRIME INFORMATION CENTER TO LAW
ENFORCEMENT AGENCIES IN COLORADO AS AUTHORIZED BY THE
COLORADO BUREAU OF INVESTIGATION.".
Reletter succeeding paragraph accordingly.
Page 4, after line 27, insert:
"(f) (I) A PROVIDER OF AN ELECTRONIC LOGGING SYSTEM AS
DEFINED IN PARAGRAPH (a) OF SUBSECTION (4) OF THIS SECTION, SHALL
ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE COLORADO
BUREAU OF INVESTIGATION IN THE DEPARTMENT OF PUBLIC SAFETY PRIOR
TO PERMITTING THE SYSTEM TO BE USED IN COLORADO.
(II) THE MEMORANDUM OF UNDERSTANDING SHALL INCLUDE THE
FOLLOWING:
(A) PENALTIES FOR NONCOMPLIANCE BY THE OPERATOR OF THE
ELECTRONIC LOGGING SYSTEM;
(B) A REQUIREMENT THAT THE OPERATOR OF THE ELECTRONIC
LOGGING SYSTEM PROVIDE THE DATA COLLECTED BY THE ELECTRONIC
LOGGING SYSTEM TO THE COLORADO BUREAU OF INVESTIGATION IN AN
UNEDITED FORMAT AT LEAST ONCE EVERY SEVEN DAYS;
(C) A REQUIREMENT THAT THE INFORMATION COLLECTED BY THE
ELECTRONIC LOGGING SYSTEM MUST COMPLY WITH THE FEDERAL
"COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005" (PUB.L.
109–177); AND
(D) EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (III) OF THIS
PARAGRAPH (f), ANY OTHER PROVISIONS AGREED TO BY THE PARTIES.
(III) THE MEMORANDUM OF UNDERSTANDING SHALL NOT INCLUDE
THE FOLLOWING:
(A) A PROHIBITION ON LAW ENFORCEMENT AGENCIES' USE FOR A
LAW ENFORCEMENT PURPOSE OF THE DATA COLLECTED BY THE
ELECTRONIC LOGGING SYSTEM AND SUPPLIED PURSUANT TO
SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (II) OF THIS PARAGRAPH (f);
AND
(B) ANY PROHIBITION ON A STATE OR LOCAL ENTITY ENACTING OR
ADOPTING ANY PROVISIONS RELATED TO THE SALE OF A
METHAMPHETAMINE PRECURSOR DRUG.
(IV) THE COLORADO BUREAU OF INVESTIGATION IN THE
DEPARTMENT OF PUBLIC SAFETY SHALL CONDUCT AN ANNUAL AUDIT OF
EACH ELECTRONIC LOGGING SYSTEM SUBJECT TO A MEMORANDUM OF
UNDERSTANDING AND PROVIDE COPIES OF THE AUDIT TO THE JUDICIARY
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, OR
THEIR SUCCESSOR COMMITTEES.
(g) A STORE THAT FAILS TO COMPLY WITH THIS SUBSECTION (2.7)
COMMITS A CLASS 1 MISDEMEANOR.".
Page 5, line 11, strike "AND".
Page 5, line 13, strike "AGENCIES." and substitute "AGENCIES;".
Page 5, after line 13, insert:
"(IV) USES A FAIL-SAFE SYSTEM BASED ON UNIQUE INDIVIDUAL
CHARACTERISTIC; AND
(V)IS CAPABLE OF INTERFACING WITH THE COLORADO BUREAU OF
INVESTIGATION IN THE DEPARTMENT OF PUBLIC SAFETY IN ORDER TO
PROVIDE THE COLORADO BUREAU OF INVESTIGATION WITH DATA
COLLECTED BY THE SYSTEM.".
Page 5, strike lines 25 through 27.
Renumber succeeding subsection accordingly.
Senate Journal, May 8
HB12-1325 by Representative(s) Summers; also Senator(s) Nicholson--Concerning tracking transactions
related to methamphetamine precursor drugs.
Senator Mitchell moved to amend the Report of the Committee of the Whole to show that the
following Nicholson floor amendment, (L.022) to HB 12-1325, did not pass, and that HB 12-
1325, as amended by the Judiciary Committee amendment and the Appropriations Committee
amendment, did pass and was not laid over or referred to the Appropriations Committee.
Amend reengrossed bill, page 4, after line 21, insert:
"(d) THE ADMINISTRATOR OF AN ELECTRONIC LOGGING SYSTEM
SHALL FORWARD ON A WEEKLY BASIS STATE TRANSACTION RECORDS TO
THE COLORADO BUREAU OF INVESTIGATION, IN A FORMAT AGREED TO BY
BOTH PARTIES, AND PROVIDE REAL-TIME ACCESS TO THE INFORMATION
THROUGH THE COLORADO CRIME INFORMATION CENTER TO LAW
ENFORCEMENT AGENCIES IN COLORADO AS AUTHORIZED BY THE
COLORADO BUREAU OF INVESTIGATION.".
Reletter succeeding paragraph accordingly.
Page 4, after line 27, insert:
"(f) (I) A PROVIDER OF AN ELECTRONIC LOGGING SYSTEM AS
DEFINED IN PARAGRAPH (a) OF SUBSECTION (4) OF THIS SECTION, SHALL
ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE COLORADO
BUREAU OF INVESTIGATION IN THE DEPARTMENT OF PUBLIC SAFETY PRIOR
TO PERMITTING THE SYSTEM TO BE USED IN COLORADO.
(II) THE MEMORANDUM OF UNDERSTANDING SHALL INCLUDE THE
FOLLOWING:
(A) PENALTIES FOR NONCOMPLIANCE BY THE OPERATOR OF THE
ELECTRONIC LOGGING SYSTEM;
(B) A REQUIREMENT THAT THE OPERATOR OF THE ELECTRONIC
LOGGING SYSTEM PROVIDE THE DATA COLLECTED BY THE ELECTRONIC
LOGGING SYSTEM TO THE COLORADO BUREAU OF INVESTIGATION IN AN
UNEDITED FORMAT AT LEAST ONCE EVERY SEVEN DAYS;
(C) A REQUIREMENT THAT THE INFORMATION COLLECTED BY THE
ELECTRONIC LOGGING SYSTEM MUST COMPLY WITH THE FEDERAL
"COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005" (PUB.L.
109–177); AND
(D) EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (III) OF THIS
PARAGRAPH (f), ANY OTHER PROVISIONS AGREED TO BY THE PARTIES.
(III) THE MEMORANDUM OF UNDERSTANDING SHALL NOT INCLUDE
THE FOLLOWING:
(A) A PROHIBITION ON LAW ENFORCEMENT AGENCIES' USE FOR A
LAW ENFORCEMENT PURPOSE OF THE DATA COLLECTED BY THE
ELECTRONIC LOGGING SYSTEM AND SUPPLIED PURSUANT TO
SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (II) OF THIS PARAGRAPH (f);
AND
(B) ANY PROHIBITION ON A STATE OR LOCAL ENTITY ENACTING OR
ADOPTING ANY PROVISIONS RELATED TO THE SALE OF A
METHAMPHETAMINE PRECURSOR DRUG.
(IV) THE COLORADO BUREAU OF INVESTIGATION IN THE
DEPARTMENT OF PUBLIC SAFETY SHALL CONDUCT AN ANNUAL AUDIT OF
EACH ELECTRONIC LOGGING SYSTEM SUBJECT TO A MEMORANDUM OF
UNDERSTANDING AND PROVIDE COPIES OF THE AUDIT TO THE JUDICIARY
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, OR
THEIR SUCCESSOR COMMITTEES.
(g) A STORE THAT FAILS TO COMPLY WITH THIS SUBSECTION (2.7)
COMMITS A CLASS 1 MISDEMEANOR.".
Page 5, line 11, strike "AND".
Page 5, line 13, strike "AGENCIES." and substitute "AGENCIES;".
Page 5, after line 13, insert:
"(IV) USES A FAIL-SAFE SYSTEM BASED ON UNIQUE INDIVIDUAL
CHARACTERISTIC; AND
(V)IS CAPABLE OF INTERFACING WITH THE COLORADO BUREAU OF
INVESTIGATION IN THE DEPARTMENT OF PUBLIC SAFETY IN ORDER TO
PROVIDE THE COLORADO BUREAU OF INVESTIGATION WITH DATA
COLLECTED BY THE SYSTEM.".
Page 5, strike lines 25 through 27.
Renumber succeeding subsection accordingly.
On a substitute motion, Senator Morse moved that the Senate adjourned until 10:00 a.m.,
Wednesday, May 9, 2012 on the following roll call vote: