CONFERENCE COMMITTEE REP. NO. 40

Honolulu, Hawaii

, 2005

RE: S.B. No. 1100

S.D. 2

H.D. 1

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1100, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PSEUDOEPHEDRINE,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to reduce the illegal manufacturing of crystal methamphetamine by:

(1) Limiting the dispensing, sale, or distribution of pseudoephedrine products without a prescription to no more than three packages per transaction;

(2) Exempting products in liquid, liquid capsule, or gel capsule form containing other active ingredients in addition to pseudoephedrine from the sales restriction;

(3) Requiring any wholesaler to report all sales of pseudoephedrine products made to any retailer; and

(4) Specifying the minimum information wholesalers must provide for all sales of pseudoephedrine products to any retailer.

Your Committee on Conference has amended this measure by:

(1) Adding a new section that requires any person transporting by any means more than three packages of any restricted pseudoephedrine product to obtain a permit;

(2) Making the unlawful transport of pseudoephedrine a misdemeanor;

(3) Prohibiting a pharmacy or retailer from dispensing, selling, or distributing without a prescription more than three packages or not more than nine grams per transaction of pseudoephedrine products; provided that:

(A) The pseudoephedrine products are dispensed, sold, or distributed from an area that is in the direct line of sight of an employee at the check-out station or counter;

(B) The pseudoephedrine products are dispensed, sold, or distributed from an area that is under constant video monitoring with signage placed near the drug that warns that the area is under constant video monitoring; or

(C) The pseudoephedrine products are dispensed, sold, or distributed from an area not accessible by customers or the general public, such as behind the counter or in a locked display case;

(4) Adding extended-release pseudoephedrine combination products to those that the Department of Public Safety may exempt if the administrator finds the products are not used in the illegal manufacturer of methamphetamine or other controlled substances; and

(5) Changing the effective date to July 1, 2005.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1100, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1100, S.D. 2, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

Sylvia Luke, Co-Chair

____________________________

Rosalyn H. Baker, Chair

____________________________

Ken Ito, Co-Chair

____________________________

Ron Menor, Co-Chair