STAND. COM. REP. NO.  1430

Honolulu, Hawaii

                , 2011

RE:   S.B. No. 40

      S.D. 2

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committees on Consumer Protection & Commerce and Judiciary, to which was referred S.B. No. 40, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PSEUDOEPHEDRINE,"

beg leave to report as follows:

      The purpose of this bill as received by your Committee is to:

     (1)  Reclassify pseudoephedrine as a schedule V drug that can only be dispensed with a prescription, with certain exceptions; and

     (2)  Amend the electronic tracking system for drugs containing pseudoephedrine.

     Prior to the hearing, your Committees circulated a proposed draft that replaced the substance of this bill with provisions clarifying transactions that are required to be recorded in an electronic log and requiring the Department of Public Safety (PSD) to submit a progress report on the electronic log prior to the Regular Session of 2012.

     PSD supported the draft as received by your Committees.  The Legislative Information Services of Hawaii and the Hawaii Food Industry Association opposed the bill as received by your Committees.  The prosecuting attorney of the City and County of Honolulu supported the proposed draft.  The Legislative Information Services of Hawaii and the Hawaii Food Industry Association supported the proposed draft of this bill, but suggested using the Model Pseudoephedrine Electronic Tracking Legislation instead.  A concerned individual opposed all versions of the bill.

     After further consideration, your Committees have replaced the contents of the proposed draft with the provisions of the Model Pseudoephedrine Electronic Tracking Legislation.  This new tracking system is already being used by ten other states.  The system is industry-funded and will provide real-time tracking.  In addition, it will be able to generate a "stop sale alert", automatically preventing a purchaser from violating the quantity limits of pseudoephedrine.

     As affirmed by the records of votes of the members of your Committees on Consumer Protection & Commerce and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 40, S.D. 2, H.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 40, S.D. 2, H.D. 2.

Respectfully submitted on behalf of the members of the Committees on Consumer Protection & Commerce and Judiciary,

____________________________ GILBERT KEITH-AGARAN, Chair

____________________________ ROBERT N. HERKES, Chair