STAND. COM. REP. NO.  1596-08

Honolulu, Hawaii

                , 2008

RE:   S.B. No. 2373

      S.D. 1

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2373, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PSEUDOEPHEDRINE SALES,"

begs leave to report as follows:

     The purpose of this bill is to further prevent illegal drug activity by requiring pharmacies and retailers to maintain an electronic log of sales of pseudoephedrine and related products and transmit the information to the Department of Public Safety (DPS) Narcotics Enforcement Division on a monthly basis.

     The Office of the Lieutenant Governor, DPS, Honolulu Police Department, Gordon Thomas Honeywell Governmental Affairs, and Hawaii Substance Abuse Coalition testified in support of this bill.  Longs Drug Stores supported the intent of this measure.  The American Civil Liberties Union of Hawaii and a concerned individual opposed this bill.  The Hawaii Food Industry Association and Retail Merchants of Hawaii offered comments. 

     Your Committee has amended this bill by:

     (1)  Clarifying the recording requirements for pseudoephedrine sales, including:

          (A)  Deleting the requirement that a unique number associated with the identification provided by the individual obtaining the controlled substance, be recorded; and

          (B)  Stating that, other than what is specified, no other information is to be required of the individual obtaining the controlled substance;

     (2)  Clarifying that the information should be recorded on an electronic worksheet; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2373, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2373, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

TOMMY WATERS, Chair