HB5416ham002 93RD GENERAL ASSEMBLY

Rep. John E. Bradley

Filed: 3/31/2004

09300HB5416ham002 LRB093 17142 RLC 49490 a

AMENDMENT TO HOUSE BILL 5416

AMENDMENT NO. ______. Amend House Bill 5416 by replacing the title with the following:

"AN ACT concerning the retail sale of methamphetamine manufacturing chemicals."; and

by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Methamphetamine Manufacturing Chemical Retail Sale Control Act.

Section 5. Purpose. The purpose of this Act is to reduce the harm that methamphetamine is inflicting on individuals, families, communities, the economy, and the environment in Illinois by making it more difficult for persons engaged in the unlawful manufacture of methamphetamine to obtain methamphetamine manufacturing chemicals.

Section 10. Definitions. In this Act:

"Methamphetamine manufacturing chemical" has the meaning ascribed to it in subsection (z-1) of Section 102 of the Illinois Controlled Substances Act.

"Targeted methamphetamine manufacturing chemical" means a subset of "methamphetamine manufacturing chemicals". "Targeted methamphetamine manufacturing chemical" means any medication in the form of a tablet, capsule, caplet, or similar product that contains either (A) more than 15 milligrams of ephedrine or its salts, optical isomers, or salts of optical isomers or (B) more than 15 milligrams of pseudoephedrine or its salts, optical isomers, or salts of optical isomers. "Targeted methamphetamine manufacturing chemical" does not include any medication in the form of a liquid, liquid cap, gel cap, or other similar substance.

"Package" means an item packaged and marked for retail sale that is not designed to be further broken down or subdivided for the purpose of retail sale.

"Targeted package" means a package containing any amount of a targeted methamphetamine manufacturing chemical.

"Blister pack" means a unit dose package commonly constructed from a formed cavity containing one or more individual doses.

"Capsule" means a solid dosage form in which a medicinal substance is enclosed and consisting of either a hard or soft soluble outer shell.

"Customer" means a person who buys goods from a retail distributor.

"Distribute" means to sell, give, provide or otherwise transfer.

"Dosage unit" means an exact amount of a drug's treatment pre-packaged by the manufacturer or pharmacist in standardized amounts.

"Tablet" means a solid dosage form of varying weight, size, and shape that may be molded or compressed and that contains a medicinal substance in pure or diluted form.

"Single retail transaction" means a sale by a retail distributor to a specific customer at a specific time.

"Retail distributor" means a grocery store, general merchandise store, drug store, or other merchandise store, or other entity or person whose activities as a distributor relating to drug products containing targeted methamphetamine manufacturing chemicals are limited exclusively or almost exclusively to sales for personal use, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales.

Section 15. Package sale restrictions.

(a) Any targeted methamphetamine manufacturing chemical shall be packaged in blister packs, with each blister containing not more than 2 dosage units, or when the use of blister packs is technically infeasible, in unit dose packets or pouches.

(b) Any targeted package shall contain no more than 3 grams of a targeted methamphetamine manufacturing chemical.

(c) A retail distributor may not distribute more than 2 targeted packages in a single retail transaction.

(d) A retail distributor may not permit the purchase of any targeted package by means of a self-serve checkout lane.

(e) A retail distributor may not distribute any targeted package or packages with knowledge that they will be used to manufacture methamphetamine or with reckless disregard of the likely use of such package or packages to manufacture methamphetamine.

Section 20. Training and certification.

(a) Any retail distributor of any targeted methamphetamine manufacturing chemical shall train every employee on the topics listed on the certification form described in subsection (b).

(b) After training an employee on the subject matter listed in this subsection (b), any retail distributor that distributes any targeted methamphetamine manufacturing chemical shall have each employee read and sign a certification form containing the following language:

My name is (insert name) and I am an employee of (insert name of employer) at (insert street address, city, state, zip). My employer has provided me with methamphetamine awareness training on the following subjects: (1) how methamphetamine endangers individuals, families, communities, the economy, and the environment in Illinois; (2) the ingredients commonly used to make methamphetamine, especially ephedrine and pseudoephedrine; (3) how the store can display such ingredients in a manner that will decrease both theft and purchase of such products for use in the manufacture of methamphetamine; (4) how to record and report the appearance and actions of a customer suspected of purchasing materials to make methamphetamine; (5) how to deal with one or more customers suspected of purchasing materials to make methamphetamine in a manner that will protect my safety and the safety of others in the store; and (6) State laws limiting the sale of ephedrine and pseudoephedrine.

NAME OF EMPLOYEE: (insert name) SIGNATURE: ( ) DATE: (insert date) NAME OF TRAINER: (insert name) SIGNATURE: ( ) DATE: (insert date)

(c) A certification form of the type referred to in subsection (a) and subsection (b) shall be retained by the retail distributor for each employee for the duration of his or her employment and any such form shall be made available for inspection and copying by any law enforcement officer upon request.

Section 25. Violations.

(a) An individual who violates any provision of this Act is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.

(b) Except as provided in subsection (c), the owner and operator of a retail establishment that violates any provision of this Act are guilty of a business offense and subject to a fine of $10,000 for a first offense and $25,000 for a second or subsequent offense.

(c) The owner and operator of a retail establishment are not liable for any violation of subsection (c) or (e) of Section 15, provided that: (1) the owner and operator strictly complied with subsections (a), (b), and (d) of Section 15 and Section 20 and (2) the owner and operator had no advance knowledge of the violation or violations in question and did not act in reckless disregard of the likelihood of such violation or violations.

Section 30. Immunity from civil liability. In the event that any agent or employee of a retail distributor reports suspicious methamphetamine-related activity to any law-enforcement agency, the agent or employee and the retail distributor itself are immune from civil liability based on allegations of defamation, libel, slander, false arrest, or malicious prosecution, or similar allegations, except in cases of willful or wanton misconduct.

Section 35. Special exclusion. The provisions of this Act do not apply to the sale of any targeted methamphetamine manufacturing chemical that has been produced in a manner that effectively prevents the use of such chemical for the manufacture of methamphetamine, provided that this fact is formally certified by the United States Drug Enforcement Administration.

Section 40. Relationship to other laws and rules. Nothing in this Act shall be construed to conflict with, contradict, restrict, or in any way limit the enforcement of any federal or State law or rule, including but not limited to Section 216 of the Illinois Controlled Substances Act.".