SB0107sam003 94TH GENERAL ASSEMBLY

Sen. Dale A. Righter

Filed: 3/11/2005

09400SB0107sam003 LRB094 07179 RLC 43621 a

AMENDMENT TO SENATE BILL 107

AMENDMENT NO. ______. Amend Senate Bill 107 by replacing everything after the enacting clause with the following:

"Section 5. The Methamphetamine Manufacturing Chemical Retail Sale Control Act is amended by changing Section 35 and by adding Section 26 as follows:

(720 ILCS 647/26 new)

Sec. 26. Pseudoephedrine sales and distribution.

(a) If any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers is dispensed, sold, or distributed, any person purchasing, receiving, or otherwise acquiring the compound, mixture, or preparation shall produce a photo identification showing the date of birth of the person and shall sign a written log or receipt showing the date of the transaction, name of the person, and the amount of the compound, mixture, or preparation.

(b) Subsection (a) of this Section does not apply to any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers that are in liquid, liquid capsule, or gel capsule form if pseudoephedrine is not the only active ingredient.

(c) Subsection (a) of this Section does not apply to the dispensing of any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine to a resident receiving personal care in a long-term care facility as defined in the Nursing Home Care Act.

(d) Subsection (a) does not apply to the sale and distribution of any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers by a wholesale drug distributor licensed under the Wholesale Drug Distribution Licensing Act.

(e) The Secretary of Human Services, after consultation with the Director of State Police, may exempt by rule other compounds, mixtures, or preparations containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers from the requirements of this Section which the Secretary finds are not used in the illegal manufacture of methamphetamine or other controlled substances. A manufacturer of a drug product containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers may apply for removal of the product from the requirements of this Section if the product is determined by the Secretary to have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine.

(720 ILCS 647/35)

Sec. 35. Violations.

(a) An individual who violates any provision of this Act, other than Section 26, is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. An individual who violates Section 26 of this Act is guilty of a Class 4 felony.

(b) Except as provided in subsections (c) and (d) of this Section, the owner and the operator of a retail distributor that violates any provision of this Act are guilty of a business offense and subject to a fine of:

(1) $500 for a first offense;

(2) $1,000 for a second offense occurring at the same retail location as and within 3 years of the prior offense; and

(3) $5,000 for a third or subsequent offense occurring at the same retail location as and within 3 years of the prior offenses.

(c) Any retail distributor that seeks to comply with subsection (c) of Section 15 of this Act by installing automated cash register prompts informing sales employees when the two-package limit described in subsection (c) of Section 15 of this Act has been exceeded shall be subject to all of the penalties described in subsection (b) of this Section except as follows: The owner and the operator of a retail distributor that violates subsection (b) or subsection (c) of Section 30 of this Act are guilty of a business offense and subject to a fine of:

(1) $100 for a first offense;

(2) $200 for a second offense occurring at the same retail location as and within 3 years of the prior offense;

(3) $500 for a third or subsequent offense occurring at the same retail location as and within 3 years of the prior offenses;

(4) $1,000 for a fourth offense occurring at the same retail location as and within 3 years of the prior offenses; and

(5) $5,000 for a fifth offense occurring at the same retail location as and within 3 years of the prior offenses.

(d) The owner and the operator of a retail distributor are not liable for any violation of subsection (c) or subsection (e) of Section 15 of this Act if and only if the owner and the operator:

(1) strictly complied with subsections (a), (b), and (d) of Section 15 of this Act, Sections 20 and 25 of this Act, and subsection (a) of Section 30 of this Act;

(2) made a good-faith effort to ensure compliance with subsections (c) and (e) of Section 15 of this Act;

(3) made a good-faith effort to comply with subsection (b) and subsection (c) of Section 30 of this Act; and

(4) 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.

(Source: P.A. 93-1008, eff. 1-1-05.)

Section 99. Effective date. This Act takes effect upon becoming law.".