Bill Text: GA SB56 | 2009-2010 | Regular Session | Engrossed

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Bill Title: Georgia StopMeth Log; establish; electronically recording the identity; provide statement of purpose; definitions; misdemeanor penalty

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2010-04-29 - Senate Conference Committee Appointed [SB56 Detail]

Download: Georgia-2009-SB56-Engrossed.html

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09 SB56/CSFA/2

Senate Bill 56

By: Senators Butler of the 55th, Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Reed of the 35th and others

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia StopMeth Log for electronically recording the identity of those individuals purchasing certain medications used for the production of methamphetamine, including pseudoephedrine; to provide a statement of purpose; to provide for definitions; to provide for a misdemeanor penalty for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

The purpose of this Act is to reduce and prevent the operation of clandestine methamphetamine laboratories and the contamination of private property by such laboratories in Georgia. At this time, the state does not have a centralized real-time electronic logbook able to record purchases of products containing ephedrine, pseudoephedrine, and phenylpropanolamine. The failure to have such a centralized electronic data base permits and encourages criminals to illegally purchase large quantities of such products for the production of methamphetamine by going from store to store, and, sometimes, from state to state. Georgia law enforcement officials need this critical tool to combat methamphetamine production. Other states have adopted similar measures, thereby encouraging methamphetamine producers to relocate to states, such as Georgia, that are unable to track their unlawful activities. Immediate action is needed by the General Assembly to protect Georgia's citizens, especially Georgia's children, from the increasing harm caused by methamphetamine producers.

SECTION 2.

Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding a new article to read as follows:

"ARTICLE 2A

35-3-50.

As used in this article, the term:

(1) 'Pharmacy or retailer' shall mean any place or business authorized to make retail sales of products containing ephedrine, pseudoephedrine, or phenylpropanolamine to consumers.

(2) 'StopMeth Log' shall mean Georgia's real-time electronic logbook system maintained either by the Georgia Bureau of Investigation or by a program, approved by the bureau, that works in conjunction with other federal or state law enforcement agencies so that such system is maintained under the joint program such as the Atlanta High Intensity Drug Trafficking Area program, for the purpose of recording information relating to the purchase of products containing ephedrine, pseudoephedrine, or phenylpropanolamine and for monitoring such information for the prevention of illegal purchases of such products.

35-3-51.

(a) To the extent funds are available, the Georgia Bureau of Investigation is authorized to establish the StopMeth Log and may utilize any federal, state, or other grant funds available or donations of funds or property for purposes relating to the initiation, implementation, and operation of the electronic log.

(b) Where the Georgia Bureau of Investigation has provided access to the StopMeth Log by making the system available through the Internet, a pharmacy or retailer shall be required to enter into the StopMeth Log information pertaining to each transaction involving the sale of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine as required by this article. Such entry shall be made at the time of the sale. Information to be entered on the StopMeth Log shall include the full name, address, and date of birth of the purchaser, the date of purchase, the quantity purchased or attempted to be purchased, and such other information as required by the Georgia Bureau of Investigation.

(c) A person purchasing, receiving, or otherwise acquiring or attempting to aquire a product containing ephedrine, pseudoephedrine, or phenylpropanolamine shall be 18 years of age or older and shall be required to produce current, valid photographic identification of such purchaser and sign a written or electronic log or receipt that documents the date of the transaction, the full name, address, and date of birth of the person, and the quantity of ephedrine, pseudoephedrine, or phenylpropanolamine purchased, received, or otherwise acquired or attempted to be acquired. No person shall purchase or attempt to purchase an amount of ephedrine, pseudoephedrine, or phenylpropanolamine in violation of state or federal law.

(d) A person who violates any provision of this Code section shall upon conviction be guilty of a misdemeanor. Each separate purchase or attempted purchase made in violation of this statue shall constitute a separate offense. Each transaction where records are not generated or maintained shall constitute a separate offense. An offense created by this Code section shall not merge with any other charge or offense.

35-3-52.

(a) To the extent funds are available, the Georgia Bureau of Investigation shall make the StopMeth Log available through the Internet to pharmacies and retailers in this state. The Georgia Bureau of Investigation may conduct pilot projects or designate areas of operation which include less than all areas of this state.

(b) The StopMeth Log shall have the capability to calculate both state and federal ephedrine, pseudoephedrine, or phenylpropanolamine purchase limitations and to match similar identification information. Except as authorized by this article, the Georgia Bureau of Investigation and other law enforcement entities or approved users and operators shall not disclose any information entered, collected, recorded, transmitted, or maintained on the StopMeth Log.

(c) The Georgia Bureau of Investigation shall provide Internet access to information maintained in the StopMeth Log to the following:

(1) Any local, state, or federal law enforcement official; and

(2) The Georgia Drugs and Narcotics Agency for the purpose of investigating misconduct or a suspicious transaction committed by a pharmacy, an employee of a pharmacy, or pharmacist.

(d) The Georgia Bureau of Investigation shall promulgate rules necessary to implement the provisions of this article. The Georgia Bureau of Investigation shall prescribe the manner in which a pharmacy or retailer shall enter the information required by the bureau under this article. Records maintained within the StopMeth Log may be destroyed at such time as the Georgia Bureau of Investigation determines is appropriate but not sooner than two years from the date of the entry of such record."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.