Rep. Jerry F. Costello, II

Filed: 10/19/2011

 

 


 

 


 
09700SB0073ham002LRB097 02906 RLC 58738 a

1
AMENDMENT TO SENATE BILL 73

2    AMENDMENT NO. ______. Amend Senate Bill 73 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Methamphetamine Precursor Tracking Act.
 
6    Section 5. Purposes. The purposes of this Act are to
7establish a program to track purchases of targeted
8methamphetamine precursors at covered pharmacies in Illinois;
9to track purchases of targeted methamphetamine precursors for
10the likely purpose of manufacturing methamphetamine; to starve
11methamphetamine manufacturers of the methamphetamine
12precursors they need to make methamphetamine; to locate and
13shut down methamphetamine laboratories; and ultimately to
14reduce the harm that methamphetamine manufacturing and
15manufacturers are inflicting on individuals, families,
16communities, first responders, the economy, and the

 

 

09700SB0073ham002- 2 -LRB097 02906 RLC 58738 a

1environment in Illinois and beyond.
 
2    Section 10. Definitions. In this Act:
3    "Administer" or "administration" has the meaning provided
4in Section 102 of the Illinois Controlled Substances Act.
5    "Agent" has the meaning provided in Section 102 of the
6Illinois Controlled Substances Act.
7    "Authorized representative" means an employee or agent of a
8qualified outside entity who has been authorized in writing by
9his or her agency or office to receive confidential information
10from the central repository.
11    "Central Repository" means the entity chosen by the
12Illinois State Police to handle electronic transaction records
13as described in this Act.
14    "Convenience package" means any package that contains 360
15milligrams or less of ephedrine or pseudoephedrine, their salts
16or optical isomers, or salts of optical isomers in liquid or
17liquid filled capsule form.
18    "Covered pharmacy" means any pharmacy that distributes any
19amount of targeted methamphetamine precursor that is
20physically located in Illinois.
21    "Deliver" has the meaning provided in Section 102 of the
22Illinois Controlled Substances Act.
23    "Dispense" has the meaning provided in Section 102 of the
24Illinois Controlled Substances Act.
25    "Distribute" has the meaning provided in Section 102 of the

 

 

09700SB0073ham002- 3 -LRB097 02906 RLC 58738 a

1Illinois Controlled Substances Act.
2    "Electronic transaction record" means, with respect to the
3distribution of a targeted methamphetamine precursor by a
4pharmacy to a recipient under Section 25 of the Methamphetamine
5Precursor Control Act, an electronic record that includes: the
6name and address of the recipient; date and time of the
7transaction; brand and product name and total quantity
8distributed of ephedrine or pseudoephedrine, their salts, or
9optical isomers, or salts of optical isomers; identification
10type and identification number of the identification presented
11by the recipient; and the name and address of the pharmacy.
12    "Identification information" means identification type and
13identification number.
14    "Identification number" means the number that appears on
15the identification furnished by the recipient of a targeted
16methamphetamine precursor.
17    "Identification type" means the type of identification
18furnished by the recipient of a targeted methamphetamine
19precursor such as, by way of example only, an Illinois driver's
20license or United States passport.
21    "List I chemical" has the meaning provided in 21 U.S.C.
22802.
23    "Methamphetamine precursor" has the meaning provided in
24Section 10 of the Methamphetamine Control and Community
25Protection Act.
26    "Package" means an item packaged and marked for retail sale

 

 

09700SB0073ham002- 4 -LRB097 02906 RLC 58738 a

1that is not designed to be further broken down or subdivided
2for the purpose of retail sale.
3    "Pharmacist" has the meaning provided in Section 102 of the
4Illinois Controlled Substances Act.
5    "Pharmacy" has the meaning provided in Section 102 of the
6Illinois Controlled Substances Act.
7    "Practitioner" has the meaning provided in Section 102 of
8the Illinois Controlled Substances Act.
9    "Prescriber" has the meaning provided in Section 102 of the
10Illinois Controlled Substances Act.
11    "Prescription" has the meaning provided in Section 102 of
12the Illinois Controlled Substances Act.
13    "Qualified outside entity" means a law enforcement agency
14or prosecutor's office with authority to identify,
15investigate, or prosecute violations of this Act or any other
16State or federal law or rule involving a methamphetamine
17precursor, methamphetamine, or any other controlled substance.
18    "Readily retrievable" has the meaning provided in 21 C.F.R.
19part 1300.
20    "Recipient" means a person purchasing, receiving, or
21otherwise acquiring a targeted methamphetamine precursor from
22a pharmacy in Illinois, as described in Section 25 of the
23Methamphetamine Precursor Control Act.
24    "Retail distributor" means a grocery store, general
25merchandise store, drug store, other merchandise store, or
26other entity or person whose activities as a distributor

 

 

09700SB0073ham002- 5 -LRB097 02906 RLC 58738 a

1relating to drug products containing targeted methamphetamine
2precursor are limited exclusively or almost exclusively to
3sales for personal use by an ultimate user, both in number of
4sales and volume of sales, either directly to walk-in customers
5or in face-to-face transactions by direct sales.
6    "Sales employee" means any employee or agent, other than a
7pharmacist or pharmacy technician who at any time (1) operates
8a cash register at which convenience packages may be sold, (2)
9stocks shelves containing convenience packages, or (3) trains
10or supervises any other employee or agent who engages in any of
11the preceding activities.
12    "Single retail transaction" means a sale by a retail
13distributor to a recipient at a specific time.
14    "Targeted methamphetamine precursor" means any compound,
15mixture, or preparation that contains any detectable quantity
16of ephedrine or pseudoephedrine, their salts or optical
17isomers, or salts of optical isomers.
18    "Targeted package" means a package, including a
19convenience package, containing any amount of targeted
20methamphetamine precursor.
21    "Ultimate user" has the meaning provided in Section 102 of
22the Illinois Controlled Substances Act.
 
23    Section 15. General provisions.
24    (a) Structure. There is established a statewide precursor
25tracking program coordinated and administered by the Illinois

 

 

09700SB0073ham002- 6 -LRB097 02906 RLC 58738 a

1State Police to track purchases of targeted methamphetamine
2precursors across multiple locations for the purposes stated in
3Section 5 of this Act. Every covered pharmacy must comply with
4this Act. The tracking program created by this Act shall be the
5sole methamphetamine precursor tracking program in Illinois.
6    (b) Transmission of electronic transaction records. Unless
7otherwise provided in this Act, each time a covered pharmacy
8distributes a targeted methamphetamine precursor to a
9recipient, the pharmacy shall transmit an electronic
10transaction record to the Central Repository.
11    (c) Notification. The Illinois Department of Financial and
12Professional Regulation shall notify pharmacies seeking
13licensure in Illinois of their obligation to comply with the
14requirements of this Act.
15    (d) Electronic transmission. Starting on the effective
16date of this Act and continuing thereafter, covered pharmacies
17shall transmit all electronic transaction records as required
18by this Act.
19    (e) Funding. Funding for the tracking program shall be
20provided by the Illinois State Police drawing upon federal and
21State grant money and other available sources.
 
22    Section 20. Secure website.
23    (a) The Illinois State Police shall establish a secure
24website for the transmission of electronic transaction records
25and make it available free of charge to covered pharmacies.

 

 

09700SB0073ham002- 7 -LRB097 02906 RLC 58738 a

1    (b) The secure website shall enable covered pharmacies to
2transmit to the Central Repository an electronic transaction
3record each time the pharmacy distributes a targeted
4methamphetamine precursor to a recipient.
5    (c) If the secure website becomes unavailable to a covered
6pharmacy, the covered pharmacy may, during the period in which
7the secure website is not available, continue to distribute
8targeted methamphetamine precursor without using the secure
9website if, during this period, the covered pharmacy maintains
10and transmits handwritten logs as described in Sections 20 and
1125 of the Methamphetamine Precursor Control Act.
 
12    Section 25. Confidentiality of records.
13    (a) The Central Repository may delete each electronic
14transaction record and handwritten log entry 48 months after
15the date of the transaction it describes.
16    (b) The Illinois State Police and Central Repository shall
17carry out a program to protect the confidentiality of
18electronic transaction records created pursuant to this Act and
19shall ensure that this information remains completely
20confidential except as specifically provided in subsections
21(c) through (f) of this Section.
22    (c) Any employee or agent of the Central Repository may
23have access to electronic transaction records and handwritten
24log entries solely for the purpose of receiving, processing,
25storing or analyzing this information.

 

 

09700SB0073ham002- 8 -LRB097 02906 RLC 58738 a

1    (d) The Illinois State Police may grant qualified outside
2agencies access to electronic transaction records or
3handwritten log entries for the purpose of identifying,
4investigating, or prosecuting violations of this Act or any
5other State or federal law or rule involving a methamphetamine
6precursor, methamphetamine, or any other controlled substance.
7    (e) The Illinois State Police may release electronic
8transaction records or handwritten log entries to the
9authorized representative of a qualified outside entity only if
10the Illinois State Police verifies that the entity receiving
11electronic transaction records or handwritten log entries is a
12qualified outside entity as defined in this Act and that
13outside entity agrees or has previously agreed in writing, that
14it will use electronic transaction records and handwritten log
15entries solely for the purpose of identifying, investigating,
16or prosecuting violations of this Act or any other State or
17federal law or rule involving a methamphetamine precursor,
18methamphetamine, or any other controlled substance.
19    (f) The Illinois State Police may release to the recipient
20any electronic transaction records clearly relating to that
21recipient, upon sufficient proof of identity.
 
22    Section 30. Violations.
23    (a) Any covered pharmacy or retail distributor that
24violates this Act is guilty of a petty offense and subject to a
25fine of $500 for a first offense; $1,000 for a second offense

 

 

09700SB0073ham002- 9 -LRB097 02906 RLC 58738 a

1occurring at the same retail location as and within 3 years of
2the offense; and $5,000 for a third or subsequent offense
3occurring at the same retail location as and within 3 years of
4the prior offenses.
5    (b) An employee or agent of a covered pharmacy who violates
6this Act is guilty of a Class A misdemeanor for a first
7offense; a Class 4 felony for a second offense; and a Class 1
8felony for a third or subsequent offense.
 
9    Section 35. Immunity from civil liability. In the event
10that any agent or employee of a covered pharmacy or retail
11distributor reports to any law enforcement officer or agency
12any suspicious activity concerning a targeted methamphetamine
13precursor or other methamphetamine ingredient or ingredients,
14the agent or employee and the pharmacy or retail distributor
15itself are immune from civil liability based on allegations of
16defamation, libel, slander, false arrest, or malicious
17prosecution, or similar allegations, except in cases of willful
18or wanton misconduct. A covered pharmacy that uses the
19electronic sales tracking system in accordance with this Act is
20immune from civil liability for any act or omission committed
21in carrying out the duties required by this Section, unless the
22act or omission was due to deliberate or willful and wanton
23misconduct. A covered pharmacy is not liable for damages
24resulting from a data breach that was proximately caused by a
25failure on the part of the electronic sales tracking system.
 

 

 

09700SB0073ham002- 10 -LRB097 02906 RLC 58738 a

1    Section 40. Preemption. The regulation of the tracking of
2methamphetamine precursors is an exclusive power and function
3of the State. A county or municipality, including a home rule
4unit, may not regulate the tracking of methamphetamine
5precursors. This Section is a denial and limitation of home
6rule powers under subsection (h) of Section 6 of Article VII of
7the Illinois Constitution.
 
8    Section 105. The Methamphetamine Precursor Control Act is
9amended by changing Sections 10, 25, 40, and 55 as follows:
 
10    (720 ILCS 648/10)
11    Sec. 10. Definitions. In this Act:
12    "Administer" or "administration" has the meaning provided
13in Section 102 of the Illinois Controlled Substances Act.
14    "Agent" has the meaning provided in Section 102 of the
15Illinois Controlled Substances Act.
16    "Authorized representative" means an employee or agent of a
17qualified outside entity who has been authorized in writing by
18his or her agency or office to receive confidential information
19from the Central Repository database associated with the
20Williamson County Pilot Program or the Illinois State Police
21Precursor Tracking Program.
22    "Central Repository" means the entity chosen by the
23Illinois State Police Williamson County Pilot Program

 

 

09700SB0073ham002- 11 -LRB097 02906 RLC 58738 a

1Authority to handle electronic transaction records as
2described in Sections 36, 37, 38, 39, and 39.5 of this Act or
3the entity chosen by the Illinois State Police Precursor
4Tracking Program to handle electronic transaction records as
5described in Sections 39.6, 39.7, 39.8, and 39.8-5.
6    "Convenience package" means any package that contains 360
7milligrams or less of ephedrine or pseudoephedrine, their salts
8or optical isomers, or salts of optical isomers in liquid or
9liquid-filled capsule form.
10    "Covered pharmacy" means any pharmacy that distributes any
11amount of targeted methamphetamine precursor that is
12physically located in Illinois.
13    "Covered pharmacy under the Franklin, Jackson, Johnson,
14Saline, Union, or Williamson County Program" or "covered
15pharmacy" means any pharmacy that distributes any amount of
16targeted methamphetamine precursor and that is physically
17located in any of the following Illinois counties: Franklin,
18Jackson, Johnson, Saline, Union, or Williamson.
19    "Covered pharmacy under the Illinois State Police
20Precursor Tracking Program" or "covered pharmacy" means any
21pharmacy that distributes any amount of targeted
22methamphetamine precursor and that is physically located in any
23of the following Illinois counties: Adams, Madison, St. Clair,
24or Vermilion.
25    "Deliver" has the meaning provided in Section 102 of the
26Illinois Controlled Substances Act.

 

 

09700SB0073ham002- 12 -LRB097 02906 RLC 58738 a

1    "Dispense" has the meaning provided in Section 102 of the
2Illinois Controlled Substances Act.
3    "Distribute" has the meaning provided in Section 102 of the
4Illinois Controlled Substances Act.
5    "Electronic transaction record" means, with respect to the
6distribution of a targeted methamphetamine precursor by a
7pharmacy to a recipient under Section 25 of this Act, an
8electronic record that includes: the name and address of the
9recipient; date and time of the transaction; brand and product
10name and total quantity distributed of ephedrine or
11pseudoephedrine, their salts, or optical isomers, or salts of
12optical isomers; identification type and identification number
13of the identification presented by the recipient; and the name
14and address of the pharmacy.
15    "Identification information" means identification type and
16identification number.
17    "Identification number" means the number that appears on
18the identification furnished by the recipient of a targeted
19methamphetamine precursor.
20    "Identification type" means the type of identification
21furnished by the recipient of a targeted methamphetamine
22precursor such as, by way of example only, an Illinois driver's
23license or United States passport.
24    "Illinois State Police Precursor Tracking Program" or
25"Pilot Program Authority" means the program described in
26Sections 39.6, 39.7, 39.8, and 39.8-5 of this Act.

 

 

09700SB0073ham002- 13 -LRB097 02906 RLC 58738 a

1    "List I chemical" has the meaning provided in 21 U.S.C.
2Section 802.
3    "Methamphetamine precursor" has the meaning provided in
4Section 10 of the Methamphetamine Control and Community
5Protection Act.
6    "Methamphetamine Precursor Violation Alert" means a notice
7sent by the Pilot Program Authority to pharmacies, retail
8distributors, or law enforcement authorities as described in
9subsection (h) of Section 39.5 of this Act.
10    "Non-covered pharmacy" means any pharmacy that is not a
11covered pharmacy.
12    "Package" means an item packaged and marked for retail sale
13that is not designed to be further broken down or subdivided
14for the purpose of retail sale.
15    "Pharmacist" has the meaning provided in Section 102 of the
16Illinois Controlled Substances Act.
17    "Pharmacy" has the meaning provided in Section 102 of the
18Illinois Controlled Substances Act.
19    "Practitioner" has the meaning provided in Section 102 of
20the Illinois Controlled Substances Act.
21    "Prescriber" has the meaning provided in Section 102 of the
22Illinois Controlled Substances Act.
23    "Prescription" has the meaning provided in Section 102 of
24the Illinois Controlled Substances Act.
25    "Qualified outside entity" means a law enforcement agency
26or prosecutor's office with authority to identify,

 

 

09700SB0073ham002- 14 -LRB097 02906 RLC 58738 a

1investigate, or prosecute violations of this Act or any other
2State or federal law or rule involving a methamphetamine
3precursor, methamphetamine, or any other controlled substance,
4or a public entity that operates a methamphetamine precursor
5tracking program similar in purpose to the Williamson County
6Pilot Program or the Illinois State Police Precursor Tracking
7Program.
8    "Readily retrievable" has the meaning provided in 21 C.F.R.
9part 1300.
10    "Recipient" means a person purchasing, receiving, or
11otherwise acquiring a targeted methamphetamine precursor from
12a pharmacy in Illinois, as described in Section 25 of this Act.
13    "Reporting start date" means the date on which covered
14pharmacies begin transmitting electronic transaction records
15and exempt pharmacies begin sending handwritten logs, as
16described in subsection (b) of Section 39 of this Act.
17    "Retail distributor" means a grocery store, general
18merchandise store, drug store, other merchandise store, or
19other entity or person whose activities as a distributor
20relating to drug products containing targeted methamphetamine
21precursor are limited exclusively or almost exclusively to
22sales for personal use by an ultimate user, both in number of
23sales and volume of sales, either directly to walk-in customers
24or in face-to-face transactions by direct sales.
25    "Sales employee" means any employee or agent, other than a
26pharmacist or pharmacy technician who at any time (a) operates

 

 

09700SB0073ham002- 15 -LRB097 02906 RLC 58738 a

1a cash register at which convenience packages may be sold, (b)
2stocks shelves containing convenience packages, or (c) trains
3or supervises any other employee or agent who engages in any of
4the preceding activities.
5    "Single retail transaction" means a sale by a retail
6distributor to a recipient at a specific time.
7    "Targeted methamphetamine precursor" means any compound,
8mixture, or preparation that contains any detectable quantity
9of ephedrine or pseudoephedrine, their salts or optical
10isomers, or salts of optical isomers.
11    "Targeted package" means a package, including a
12convenience package, containing any amount of targeted
13methamphetamine precursor.
14    "Ultimate user" has the meaning provided in Section 102 of
15the Illinois Controlled Substances Act.
16    "Williamson County Pilot Program" or "Pilot Program" means
17the program described in Sections 36, 37, 38, 39, and 39.5 of
18this Act.
19    "Williamson County Pilot Program Authority" or "Pilot
20Program Authority" means the Williamson County Sheriff's
21Office or its employees or agents.
22    "Voluntary participant" means any pharmacy that, although
23not required by law to do so, participates in the Williamson
24County Pilot Program.
25(Source: P.A. 95-640, eff. 6-1-08; 96-50, eff. 10-21-09.)
 

 

 

09700SB0073ham002- 16 -LRB097 02906 RLC 58738 a

1    (720 ILCS 648/25)
2    Sec. 25. Pharmacies.
3    (a) No targeted methamphetamine precursor may be knowingly
4distributed through a pharmacy, including a pharmacy located
5within, owned by, operated by, or associated with a retail
6distributor unless all terms of this Section are satisfied.
7    (b) Any targeted methamphetamine precursor other than a
8convenience package or a liquid, including but not limited to
9any targeted methamphetamine precursor in liquid-filled
10capsules, shall: be packaged in blister packs, with each
11blister containing not more than 2 dosage units, or when the
12use of blister packs is technically infeasible, in unit dose
13packets. Each targeted package shall contain no more than 3,000
14milligrams of ephedrine or pseudoephedrine, their salts or
15optical isomers, or salts of optical isomers.
16    (c) The targeted methamphetamine precursor shall be stored
17behind the pharmacy counter and distributed by a pharmacist or
18pharmacy technician licensed under the Pharmacy Practice Act,
19or by an agent of the pharmacist or pharmacy technician.
20    (d) Any retail distributor operating a pharmacy, and any
21pharmacist or pharmacy technician involved in the transaction
22or transactions, shall ensure that any person purchasing,
23receiving, or otherwise acquiring the targeted methamphetamine
24precursor complies with subsection (a) of Section 20 of this
25Act.
26    (e) Any retail distributor operating a pharmacy, and any

 

 

09700SB0073ham002- 17 -LRB097 02906 RLC 58738 a

1pharmacist or pharmacy technician involved in the transaction
2or transactions, shall verify that:
3        (1) The person purchasing, receiving, or otherwise
4    acquiring the targeted methamphetamine precursor is 18
5    years of age or older and resembles the photograph of the
6    person on the government-issued identification presented
7    by the person; and
8        (2) The name entered into the log referred to in
9    subsection (a) of Section 20 of this Act corresponds to the
10    name on the government-issued identification presented by
11    the person.
12    (f) The logs referred to in subsection (a) of Section 20 of
13this Act shall be kept confidential, maintained for not less
14than 4 2 years, and made available for inspection and copying
15by any law enforcement officer upon request of that officer.
16These logs shall may be kept in an electronic format as
17required by the Methamphetamine Precursor Tracking Act if they
18include all the information specified in subsection (a) of
19Section 20 of this Act in a manner that is readily retrievable
20and reproducible in hard-copy format. Pharmacies covered by the
21Williamson County Pilot Program described in Sections 36, 37,
2238, 39, and 39.5 of this Act and pharmacies covered by the
23Illinois State Police Precursor Tracking Program described in
24Sections 39.6, 39.7, 39.8, and 39.8-5 of this Act are required
25to transmit electronic transaction records to the Pilot Program
26Authority in the manner described in those Sections.

 

 

09700SB0073ham002- 18 -LRB097 02906 RLC 58738 a

1    (g) No retail distributor operating a pharmacy, and no
2pharmacist or pharmacy technician, shall knowingly distribute
3any targeted methamphetamine precursor to any person under 18
4years of age.
5    (h) No retail distributor operating a pharmacy, and no
6pharmacist or pharmacy technician, shall knowingly distribute
7to a single person more than 2 targeted packages in a single
8retail transaction.
9    (i) No retail distributor operating a pharmacy, and no
10pharmacist or pharmacy technician, shall knowingly distribute
11to a single person in any 30-day period products containing
12more than a total of 7,500 milligrams of ephedrine or
13pseudoephedrine, their salts or optical isomers, or salts of
14optical isomers.
15    (j) A pharmacist or pharmacy technician may distribute a
16targeted methamphetamine precursor to a person who is without a
17form of identification specified in paragraph (1) of subsection
18(a) of Section 20 of this Act only if all other provisions of
19this Act are followed and either:
20        (1) the person presents a driver's license issued
21    without a photograph by the State of Illinois pursuant to
22    the Illinois Administrative Code, Title 92, Section
23    1030.90(b)(1) or 1030.90(b)(2); or
24        (2) the person is known to the pharmacist or pharmacy
25    technician, the person presents some form of
26    identification, and the pharmacist or pharmacy technician

 

 

09700SB0073ham002- 19 -LRB097 02906 RLC 58738 a

1    reasonably believes that the targeted methamphetamine
2    precursor will be used for a legitimate medical purpose and
3    not to manufacture methamphetamine.
4    (k) When a pharmacist or pharmacy technician distributes a
5targeted methamphetamine precursor to a person according to the
6procedures set forth in this Act, and the pharmacist or
7pharmacy technician does not have access to a working cash
8register at the pharmacy counter, the pharmacist or pharmacy
9technician may instruct the person to pay for the targeted
10methamphetamine precursor at a cash register located elsewhere
11in the retail establishment, whether that register is operated
12by a pharmacist, pharmacy technician, or other employee or
13agent of the retail establishment.
14(Source: P.A. 95-640, eff. 6-1-08; 95-689, eff. 10-29-07;
1595-876, eff. 8-21-08; 96-50, eff. 10-21-09.)
 
16    (720 ILCS 648/40)
17    Sec. 40. Penalties.
18    (a) Violations of subsection (b) of Section 20 of this Act.
19        (1) Any person who knowingly purchases, receives, or
20    otherwise acquires, within any 30-day period, products
21    containing more than a total of 7,500 milligrams of
22    ephedrine or pseudoephedrine, their salts or optical
23    isomers, or salts of optical isomers in violation of
24    subsection (b) of Section 20 of this Act is subject to the
25    following penalties:

 

 

09700SB0073ham002- 20 -LRB097 02906 RLC 58738 a

1            (A) More than 7,500 milligrams but less than 15,000
2        milligrams, Class B misdemeanor;
3            (B) 15,000 or more but less than 22,500 milligrams,
4        Class A misdemeanor;
5            (C) 22,500 or more but less than 30,000 milligrams,
6        Class 4 felony;
7            (D) 30,000 or more but less than 37,500 milligrams,
8        Class 3 felony;
9            (E) 37,500 or more but less than 45,000 milligrams,
10        Class 2 felony:
11            (F) 45,000 or more milligrams, Class 1 felony.
12        (2) Any person who knowingly purchases, receives, or
13    otherwise acquires, within any 30-day period, products
14    containing more than a total of 7,500 milligrams of
15    ephedrine or pseudoephedrine, their salts or optical
16    isomers, or salts of optical isomers in violation of
17    subsection (b) of Section 20 of this Act, and who has
18    previously been convicted of any methamphetamine-related
19    offense under any State or federal law, is subject to the
20    following penalties:
21            (A) More than 7,500 milligrams but less than 15,000
22        milligrams, Class A misdemeanor;
23            (B) 15,000 or more but less than 22,500 milligrams,
24        Class 4 felony;
25            (C) 22,500 or more but less than 30,000 milligrams,
26        Class 3 felony;

 

 

09700SB0073ham002- 21 -LRB097 02906 RLC 58738 a

1            (D) 30,000 or more but less than 37,500 milligrams,
2        Class 2 felony;
3            (E) 37,500 or more milligrams, Class 1 felony.
4        (3) Any person who knowingly purchases, receives, or
5    otherwise acquires, within any 30-day period, products
6    containing more than a total of 7,500 milligrams of
7    ephedrine or pseudoephedrine, their salts or optical
8    isomers, or salts of optical isomers in violation of
9    subsection (b) of Section 20 of this Act, and who has
10    previously been convicted 2 or more times of any
11    methamphetamine-related offense under State or federal
12    law, is subject to the following penalties:
13            (A) More than 7,500 milligrams but less than 15,000
14        milligrams, Class 4 felony;
15            (B) 15,000 or more but less than 22,500 milligrams,
16        Class 3 felony;
17            (C) 22,500 or more but less than 30,000 milligrams,
18        Class 2 felony;
19            (D) 30,000 or more milligrams, Class 1 felony.
20    (b) Violations of Section 15, 20, 25, 30, or 35 of this
21Act, other than violations of subsection (b) of Section 20 of
22this Act.
23        (1) Any pharmacy or retail distributor that violates
24    Section 15, 20, 25, 30, or 35 of this Act, other than
25    subsection (b) of Section 20 of this Act, is guilty of a
26    petty offense and subject to a fine of $500 for a first

 

 

09700SB0073ham002- 22 -LRB097 02906 RLC 58738 a

1    offense; and $1,000 for a second offense occurring at the
2    same retail location as and within 3 years of the prior
3    offense. A pharmacy or retail distributor that violates
4    this Act is guilty of a business offense and subject to a
5    fine of $5,000 for a third or subsequent offense occurring
6    at the same retail location as and within 3 years of the
7    prior offenses.
8        (2) An employee or agent of a pharmacy or retail
9    distributor who violates Section 15, 20, 25, 30, or 35 of
10    this Act, other than subsection (b) of Section 20 of this
11    Act, is guilty of a Class A misdemeanor for a first
12    offense, a Class 4 felony for a second offense, and a Class
13    1 felony for a third or subsequent offense.
14        (3) Any other person who violates Section 15, 20, 25,
15    30, or 35 of this Act, other than subsection (b) of Section
16    20 of this Act, is guilty of a Class B misdemeanor for a
17    first offense, a Class A misdemeanor for a second offense,
18    and a Class 4 felony for a third or subsequent offense.
19    (c) (Blank). Any pharmacy or retail distributor that
20violates Section 36, 37, 38, 39, 39.5, 39.6, 39.7, 39.8, or
2139.8-5 of this Act is guilty of a petty offense and subject to
22a fine of $100 for a first offense, $250 for a second offense,
23or $500 for a third or subsequent offense.
24    (d) (Blank). Any person that violates Section 39.5 or
2539.8-5 of this Act is guilty of a Class B misdemeanor for a
26first offense, a Class A misdemeanor for a second offense, and

 

 

09700SB0073ham002- 23 -LRB097 02906 RLC 58738 a

1a Class 4 felony for a third offense.
2    (e) Any person who, in order to acquire a targeted
3methamphetamine precursor, knowingly uses or provides the
4driver's license or government-issued identification of
5another person, or who knowingly uses or provides a fictitious
6or unlawfully altered driver's license or government-issued
7identification, or who otherwise knowingly provides false
8information, is guilty of a Class 4 felony for a first offense,
9a Class 3 felony for a second offense, and a Class 2 felony for
10a third or subsequent offense.
11    For purposes of this subsection (e), the terms "fictitious
12driver's license", "unlawfully altered driver's license", and
13"false information" have the meanings ascribed to them in
14Section 6-301.1 of the Illinois Vehicle Code.
15(Source: P.A. 95-252, eff. 1-1-08; 95-640, eff. 6-1-08; 95-876,
16eff. 8-21-08; 96-50, eff. 10-21-09.)
 
17    (720 ILCS 648/55)
18    Sec. 55. Preemption and home rule powers. The regulation of
19the sale of targeted methamphetamine precursors and targeted
20packages are exclusive powers and functions of the State. A
21county or municipality, including a home rule unit, may not
22regulate the sale of targeted methamphetamine precursors and
23targeted packages. This Section is a denial and limitation of
24home rule powers under subsection (h) of Section 6 of Article
25VII of the Illinois Constitution. (a) Except as provided in

 

 

09700SB0073ham002- 24 -LRB097 02906 RLC 58738 a

1subsection (b) of this Section and in Sections 36, 37, 38, 39,
239.5, 39.6, 39.7, 39.8, and 39.8-5 of this Act, a county or
3municipality, including a home rule unit, may regulate the sale
4of targeted methamphetamine precursor and targeted packages in
5a manner that is not more or less restrictive than the
6regulation by the State under this Act. This Section is a
7limitation under subsection (i) of Section 6 of Article VII of
8the Illinois Constitution on the concurrent exercise by home
9rule units of the powers and functions exercised by the State.
10    (b) Any regulation of the sale of targeted methamphetamine
11precursor and targeted packages by a home rule unit that took
12effect on or before May 1, 2004, is exempt from the provisions
13of subsection (a) of this Section.
14(Source: P.A. 95-640, eff. 6-1-08; 96-50, eff. 10-21-09.)
 
15    (720 ILCS 648/36 rep.)
16    (720 ILCS 648/37 rep.)
17    (720 ILCS 648/38 rep.)
18    (720 ILCS 648/39 rep.)
19    (720 ILCS 648/39.5 rep.)
20    (720 ILCS 648/39.6 rep.)
21    (720 ILCS 648/39.7 rep.)
22    (720 ILCS 648/39.8 rep.)
23    (720 ILCS 648/39.8-5 rep.)
24    (720 ILCS 648/45 rep.)
25    Section 110. The Methamphetamine Precursor Control Act is

 

 

09700SB0073ham002- 25 -LRB097 02906 RLC 58738 a

1amended by repealing Sections 36, 37, 38, 39, 39.5, 39.6, 39.7,
239.8, 39.8-5, and 45.
 
3    Section 999. Effective date. This Act takes effect upon
4becoming law.".