Rep. John E. Bradley
Filed: 3/31/2004
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1 | AMENDMENT TO HOUSE BILL 5416
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2 | AMENDMENT NO. ______. Amend House Bill 5416 by replacing | ||||||
3 | the title with the following:
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4 | "AN ACT concerning the retail sale of methamphetamine | ||||||
5 | manufacturing chemicals."; and | ||||||
6 | by replacing everything after the enacting clause with the | ||||||
7 | following:
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8 | "Section 1. Short title. This Act may be cited as the | ||||||
9 | Methamphetamine Manufacturing Chemical Retail Sale Control | ||||||
10 | Act. | ||||||
11 | Section 5. Purpose. The purpose of this Act is to reduce | ||||||
12 | the harm that methamphetamine is inflicting on individuals, | ||||||
13 | families, communities, the economy, and the environment in | ||||||
14 | Illinois by making it more difficult for persons engaged in the | ||||||
15 | unlawful manufacture of methamphetamine to obtain | ||||||
16 | methamphetamine manufacturing chemicals. | ||||||
17 | Section 10. Definitions. In this Act: | ||||||
18 | "Methamphetamine manufacturing chemical" has the meaning | ||||||
19 | ascribed to it in subsection (z-1) of Section 102 of the | ||||||
20 | Illinois Controlled Substances Act.
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21 | "Targeted methamphetamine manufacturing chemical" means a | ||||||
22 | subset of "methamphetamine manufacturing chemicals". "Targeted |
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1 | methamphetamine manufacturing chemical" means any medication | ||||||
2 | in the form of a tablet, capsule, caplet, or similar product | ||||||
3 | that contains either (A) more than 15 milligrams of ephedrine | ||||||
4 | or its salts, optical isomers, or salts of optical isomers or
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5 | (B) more than 15 milligrams of pseudoephedrine or its salts, | ||||||
6 | optical isomers, or salts of optical isomers.
"Targeted | ||||||
7 | methamphetamine manufacturing chemical" does not include any | ||||||
8 | medication in the form of a liquid, liquid cap, gel cap, or | ||||||
9 | other similar substance. | ||||||
10 | "Package" means an item packaged and marked for retail sale | ||||||
11 | that is not designed to be further broken down or subdivided | ||||||
12 | for the purpose of retail sale.
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13 | "Targeted package" means a package containing any amount of | ||||||
14 | a targeted methamphetamine manufacturing chemical. | ||||||
15 | "Blister pack" means a unit dose package commonly | ||||||
16 | constructed from a formed cavity containing one or more | ||||||
17 | individual doses.
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18 | "Capsule" means a solid dosage form in which a medicinal | ||||||
19 | substance is enclosed and consisting of either a hard or soft | ||||||
20 | soluble outer shell.
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21 | "Customer" means a person who buys goods from a retail | ||||||
22 | distributor.
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23 | "Distribute" means to sell, give, provide or otherwise | ||||||
24 | transfer.
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25 | "Dosage unit" means an exact amount of a drug's treatment | ||||||
26 | pre-packaged by the manufacturer or pharmacist in standardized | ||||||
27 | amounts.
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28 | "Tablet" means a solid dosage form of varying weight, size, | ||||||
29 | and shape that may be molded or compressed and that contains a | ||||||
30 | medicinal substance in pure or diluted form. | ||||||
31 | "Single retail transaction" means a sale by a retail | ||||||
32 | distributor to a specific customer at a specific time.
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33 | "Retail distributor" means a grocery store, general | ||||||
34 | merchandise store, drug store, or other merchandise store, or |
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1 | other entity or person whose activities as a distributor | ||||||
2 | relating to drug products containing targeted methamphetamine | ||||||
3 | manufacturing chemicals are limited exclusively or almost | ||||||
4 | exclusively to sales for personal use, both in number of sales | ||||||
5 | and volume of sales, either directly to walk-in customers or in | ||||||
6 | face-to-face transactions by direct sales.
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7 | Section 15. Package sale restrictions. | ||||||
8 | (a) Any targeted methamphetamine manufacturing chemical | ||||||
9 | shall be packaged in blister packs, with each blister | ||||||
10 | containing not more than 2 dosage units, or when the use of | ||||||
11 | blister packs is technically infeasible, in unit dose packets | ||||||
12 | or pouches.
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13 | (b) Any targeted package shall contain no more than 3 grams | ||||||
14 | of a targeted methamphetamine manufacturing chemical.
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15 | (c) A retail distributor may not distribute more than 2 | ||||||
16 | targeted packages in a single retail transaction.
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17 | (d) A retail distributor may not permit the purchase of any | ||||||
18 | targeted package by means of a self-serve checkout lane.
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19 | (e) A retail distributor may not distribute any targeted | ||||||
20 | package or packages with knowledge that they will be used to | ||||||
21 | manufacture methamphetamine or with reckless disregard of the | ||||||
22 | likely use of such package or packages to manufacture | ||||||
23 | methamphetamine.
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24 | Section 20. Training and certification. | ||||||
25 | (a) Any retail distributor of any targeted methamphetamine | ||||||
26 | manufacturing chemical shall train every employee on the topics | ||||||
27 | listed on the certification form described in subsection (b). | ||||||
28 | (b) After training an employee on the subject matter listed | ||||||
29 | in this subsection (b), any retail distributor that distributes | ||||||
30 | any targeted methamphetamine manufacturing chemical shall have | ||||||
31 | each employee read and sign a certification form containing the | ||||||
32 | following language: |
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1 |
My name is (insert name) and I am an employee of (insert | ||||||
2 | name of employer) at (insert street address, city, state, zip).
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3 | My employer has provided me with methamphetamine awareness | ||||||
4 | training on the following subjects:
(1) how methamphetamine | ||||||
5 | endangers individuals, families, communities, the economy, and | ||||||
6 | the environment in Illinois; (2) the ingredients commonly used | ||||||
7 | to make methamphetamine, especially ephedrine and | ||||||
8 | pseudoephedrine; (3) how the store can display such ingredients | ||||||
9 | in a manner that will decrease both theft and purchase of such | ||||||
10 | products for use in the manufacture of methamphetamine; (4) how | ||||||
11 | to record and report the appearance and actions of a customer | ||||||
12 | suspected of purchasing materials to make methamphetamine;
(5) | ||||||
13 | how to deal with one or more customers suspected of purchasing | ||||||
14 | materials to make methamphetamine in a manner that will protect | ||||||
15 | my safety and the safety of others in the store; and
(6) State | ||||||
16 | laws limiting the sale of ephedrine and pseudoephedrine.
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17 | NAME OF EMPLOYEE: (insert name)
SIGNATURE: ( ) DATE: | ||||||
18 | (insert date) NAME OF TRAINER: (insert name) SIGNATURE: ( )
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19 | DATE: (insert date) | ||||||
20 | (c) A certification form of the type referred to in | ||||||
21 | subsection (a) and subsection (b) shall be retained by the | ||||||
22 | retail distributor for each employee for the duration of his or | ||||||
23 | her employment and any such form shall be made available for | ||||||
24 | inspection and copying by any law enforcement officer upon | ||||||
25 | request. | ||||||
26 | Section 25. Violations. | ||||||
27 | (a) An individual who violates any provision of this Act is | ||||||
28 | guilty of a Class A misdemeanor for a first offense and a Class | ||||||
29 | 4 felony for a second or subsequent offense. | ||||||
30 | (b) Except as provided in subsection (c), the owner and | ||||||
31 | operator of a retail establishment that violates any provision | ||||||
32 | of this Act are guilty of a business offense and subject to a | ||||||
33 | fine of $10,000 for a first offense and $25,000 for a second or |
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1 | subsequent offense. | ||||||
2 | (c) The owner and operator of a retail establishment are | ||||||
3 | not liable for any violation of subsection (c) or (e) of | ||||||
4 | Section 15, provided that:
(1) the owner and operator strictly | ||||||
5 | complied with subsections (a), (b), and (d) of Section 15 and | ||||||
6 | Section 20 and (2) the owner and operator had no advance | ||||||
7 | knowledge of the violation or violations in question and did | ||||||
8 | not act in reckless disregard of the likelihood of such | ||||||
9 | violation or violations.
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10 | Section 30. Immunity from civil liability. In the event | ||||||
11 | that any agent or employee of a retail distributor reports | ||||||
12 | suspicious methamphetamine-related activity to any | ||||||
13 | law-enforcement agency, the agent or employee and the retail | ||||||
14 | distributor itself are immune from civil liability based on | ||||||
15 | allegations of defamation, libel, slander, false arrest, or | ||||||
16 | malicious prosecution, or similar allegations, except in cases | ||||||
17 | of willful or wanton misconduct. | ||||||
18 | Section 35. Special exclusion. The provisions of this Act | ||||||
19 | do not apply to the sale of any targeted methamphetamine | ||||||
20 | manufacturing chemical that has been produced in a manner that | ||||||
21 | effectively prevents the use of such chemical for the | ||||||
22 | manufacture of methamphetamine, provided that this fact is | ||||||
23 | formally certified by the United States Drug Enforcement | ||||||
24 | Administration.
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25 | Section 40. Relationship to other laws and rules. Nothing | ||||||
26 | in this Act shall be construed to conflict with, contradict, | ||||||
27 | restrict, or in any way limit the enforcement of any federal or | ||||||
28 | State law or rule, including but not limited to Section 216 of | ||||||
29 | the Illinois Controlled Substances Act.".
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