Full Text of SB0107 94th General Assembly
SB0107sam003 94TH GENERAL ASSEMBLY
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Sen. Dale A. Righter
Filed: 3/11/2005
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LRB094 07179 RLC 43621 a |
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| AMENDMENT TO SENATE BILL 107
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| AMENDMENT NO. ______. Amend Senate Bill 107 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Methamphetamine Manufacturing Chemical | 5 |
| Retail Sale Control
Act
is amended by changing Section 35 and | 6 |
| by adding Section 26 as follows: | 7 |
| (720 ILCS 647/26 new) | 8 |
| Sec. 26. Pseudoephedrine sales and distribution. | 9 |
| (a) If any compound, mixture, or preparation containing any | 10 |
| detectable quantity of pseudoephedrine, its salts or optical | 11 |
| isomers, or salts of optical isomers is dispensed, sold, or | 12 |
| distributed, any person purchasing, receiving, or otherwise | 13 |
| acquiring the compound, mixture, or preparation shall produce a | 14 |
| photo identification showing the date of birth of the person | 15 |
| and shall sign a written log or receipt showing the date of the | 16 |
| transaction, name of the person, and the amount of the | 17 |
| compound, mixture, or preparation. | 18 |
| (b) Subsection (a) of this Section does not apply to any | 19 |
| compound, mixture, or preparation containing any detectable | 20 |
| quantity of pseudoephedrine, its salts or optical isomers, or | 21 |
| salts of optical isomers that are in liquid, liquid capsule, or | 22 |
| gel capsule form if pseudoephedrine is not the only active | 23 |
| ingredient. | 24 |
| (c) Subsection (a) of this Section does not apply to the |
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| dispensing of any compound, mixture, or preparation containing | 2 |
| any detectable quantity of pseudoephedrine to a resident | 3 |
| receiving personal care in a long-term care facility as defined | 4 |
| in the Nursing Home Care Act.
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| (d) Subsection (a) does not apply to the sale and | 6 |
| distribution of any compound, mixture, or preparation | 7 |
| containing any detectable quantity of pseudoephedrine, its | 8 |
| salts or optical isomers, or salts of optical isomers by a | 9 |
| wholesale drug distributor licensed under the Wholesale Drug | 10 |
| Distribution Licensing Act.
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| (e) The Secretary of Human Services, after consultation | 12 |
| with the Director of State Police, may exempt by rule other | 13 |
| compounds, mixtures, or preparations containing any detectable | 14 |
| quantity of pseudoephedrine, its salts or optical isomers, or | 15 |
| salts of optical isomers from the requirements of this Section | 16 |
| which the Secretary finds are not used in the illegal | 17 |
| manufacture of methamphetamine or other controlled substances. | 18 |
| A manufacturer of a drug product containing any detectable | 19 |
| quantity of pseudoephedrine, its salts or optical isomers, or | 20 |
| salts of optical isomers may apply for removal of the product | 21 |
| from the requirements of this Section if the product is | 22 |
| determined by the Secretary to have been formulated in such a | 23 |
| way as to effectively prevent the conversion of the active | 24 |
| ingredient into methamphetamine. | 25 |
| (720 ILCS 647/35)
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| Sec. 35. Violations. | 27 |
| (a) An individual who violates any provision of this Act , | 28 |
| other than Section 26, is guilty of a Class A misdemeanor for a | 29 |
| first offense and a Class 4 felony for a second or subsequent | 30 |
| offense. An individual who violates Section 26 of this Act is | 31 |
| guilty of a Class 4 felony.
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| (b) Except as provided in subsections (c) and (d) of this | 33 |
| Section, the owner and the operator of a retail distributor |
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| that violates any provision of this Act are guilty of a | 2 |
| business offense and subject to a fine of: | 3 |
| (1) $500 for a first offense; | 4 |
| (2) $1,000 for a second offense occurring at the same | 5 |
| retail location as and within 3 years of the prior offense; | 6 |
| and | 7 |
| (3) $5,000 for a third or subsequent offense occurring | 8 |
| at the same retail location as and within 3 years of the | 9 |
| prior offenses.
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| (c) Any retail distributor that seeks to comply with | 11 |
| subsection (c) of Section 15 of this Act by installing | 12 |
| automated cash register prompts informing sales employees when | 13 |
| the two-package limit described in subsection (c) of Section 15 | 14 |
| of this Act has been exceeded shall be subject to all of the | 15 |
| penalties described in subsection (b) of this Section except as | 16 |
| follows: The owner and the operator of a retail distributor | 17 |
| that violates subsection (b) or subsection (c) of Section 30 of | 18 |
| this Act are guilty of a business offense and subject to a fine | 19 |
| of: | 20 |
| (1) $100 for a first offense; | 21 |
| (2) $200 for a second offense occurring at the same | 22 |
| retail location as and within 3 years of the prior offense; | 23 |
| (3) $500 for a third or subsequent offense occurring at | 24 |
| the same retail location as and within 3 years of the prior | 25 |
| offenses; | 26 |
| (4) $1,000 for a fourth offense occurring at the same | 27 |
| retail location as and within 3 years of the prior | 28 |
| offenses; and | 29 |
| (5) $5,000 for a fifth offense occurring at the same | 30 |
| retail location as and within 3 years of the prior | 31 |
| offenses. | 32 |
| (d) The owner and the operator of a retail distributor are | 33 |
| not liable for any violation of subsection (c) or subsection | 34 |
| (e) of Section 15 of this Act if and only if the owner and the |
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| operator: | 2 |
| (1) strictly complied with subsections (a), (b), and | 3 |
| (d) of Section 15 of this Act, Sections 20 and 25 of this | 4 |
| Act, and subsection (a) of Section 30 of this Act; | 5 |
| (2) made a good-faith effort to ensure compliance with | 6 |
| subsections (c) and (e) of Section 15 of this Act; | 7 |
| (3) made a good-faith effort to comply with subsection | 8 |
| (b) and subsection (c) of Section 30 of this Act; and | 9 |
| (4) had no advance knowledge of the violation or | 10 |
| violations in question and did not act in reckless | 11 |
| disregard of the likelihood of such violation or | 12 |
| violations.
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| (Source: P.A. 93-1008, eff. 1-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.".
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