Illinois General Assembly - Full Text of HB5901
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Full Text of HB5901  95th General Assembly

HB5901eng 95TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Methamphetamine Precursor Control Act is
5 amended by changing Sections 10, 25, 40, 45, and 55 and by
6 adding Sections 39.6, 39.7, 39.8, 39.9, and 39.9-5 as follows:
 
7     (720 ILCS 648/10)
8     (Text of Section after amendment by P.A. 95-640)
9     Sec. 10. Definitions. In this Act:
10     "Administer" or "administration" has the meaning provided
11 in Section 102 of the Illinois Controlled Substances Act.
12     "Agent" has the meaning provided in Section 102 of the
13 Illinois Controlled Substances Act.
14     "Authorized representative" means an employee or agent of a
15 qualified outside entity who has been authorized in writing by
16 his or her agency or office to receive confidential information
17 from the database associated with the Williamson County Pilot
18 Program or the Illinois State Police Precursor Tracking
19 Program.
20     "Central Repository" means the entity chosen by the
21 Williamson County Pilot Program Authority to handle electronic
22 transaction records as described in Sections 36, 37, 38, 39,
23 and 39.5 of this Act or the entity chosen by the Illinois State

 

 

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1 Police Precursor Tracking Program to handle electronic
2 transaction records as described in Sections 39.6, 39.7, 39.8,
3 39.9, and 39.9-5.
4     "Convenience package" means any package that contains 360
5 milligrams or less of ephedrine or pseudoephedrine, their salts
6 or optical isomers, or salts of optical isomers in liquid or
7 liquid-filled capsule form.
8     "Covered pharmacy under the Franklin, Jackson, Johnson,
9 Saline, Union, or Williamson County Program" or "covered
10 pharmacy" means any pharmacy that distributes any amount of
11 targeted methamphetamine precursor and that is physically
12 located in any of the following Illinois counties: Franklin,
13 Jackson, Johnson, Saline, Union, or Williamson.
14     "Covered pharmacy under the Illinois State Police
15 Precursor Tracking Program" or "covered pharmacy" means any
16 pharmacy that distributes any amount of targeted
17 methamphetamine precursor and that is physically located in any
18 of the following Illinois counties: Adams, Madison, or
19 Vermilion.
20     "Deliver" has the meaning provided in Section 102 of the
21 Illinois Controlled Substances Act.
22     "Dispense" has the meaning provided in Section 102 of the
23 Illinois Controlled Substances Act.
24     "Distribute" has the meaning provided in Section 102 of the
25 Illinois Controlled Substances Act.
26     "Electronic transaction record" means, with respect to the

 

 

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1 distribution of a targeted methamphetamine precursor by a
2 pharmacy to a recipient under Section 25 of this Act, an
3 electronic record that includes: the name and address of the
4 recipient; date and time of the transaction; brand and product
5 name and total quantity distributed of ephedrine or
6 pseudoephedrine, their salts, or optical isomers, or salts of
7 optical isomers; identification type and identification number
8 of the identification presented by the recipient; and the name
9 and address of the pharmacy.
10     "Identification information" means identification type and
11 identification number.
12     "Identification number" means the number that appears on
13 the identification furnished by the recipient of a targeted
14 methamphetamine precursor.
15     "Identification type" means the type of identification
16 furnished by the recipient of a targeted methamphetamine
17 precursor such as, by way of example only, an Illinois driver's
18 license or United States passport.
19     "Illinois State Police Precursor Tracking Program" or
20 "Pilot Program Authority" means the program described in
21 Sections 39.6, 39.7, 39.8, 39.9, and 39.9-5 of this Act.
22     "List I chemical" has the meaning provided in 21 U.S.C.
23 Section 802.
24     "Methamphetamine precursor" has the meaning provided in
25 Section 10 of the Methamphetamine Control and Community
26 Protection Act.

 

 

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1     "Methamphetamine Precursor Violation Alert" means a notice
2 sent by the Pilot Program Authority to pharmacies, retail
3 distributors, or law enforcement authorities as described in
4 subsection (h) of Section 39.5 of this Act.
5     "Non-covered pharmacy" means any pharmacy that is not a
6 covered pharmacy.
7     "Package" means an item packaged and marked for retail sale
8 that is not designed to be further broken down or subdivided
9 for the purpose of retail sale.
10     "Pharmacist" has the meaning provided in Section 102 of the
11 Illinois Controlled Substances Act.
12     "Pharmacy" has the meaning provided in Section 102 of the
13 Illinois Controlled Substances Act.
14     "Practitioner" has the meaning provided in Section 102 of
15 the Illinois Controlled Substances Act.
16     "Prescriber" has the meaning provided in Section 102 of the
17 Illinois Controlled Substances Act.
18     "Prescription" has the meaning provided in Section 102 of
19 the Illinois Controlled Substances Act.
20     "Qualified outside entity" means a law enforcement agency
21 or prosecutor's office with authority to identify,
22 investigate, or prosecute violations of this Act or any other
23 State or federal law or rule involving a methamphetamine
24 precursor, methamphetamine, or any other controlled substance,
25 or a public entity that operates a methamphetamine precursor
26 tracking program similar in purpose to the Williamson County

 

 

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

 

 

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1 distributor to a recipient specific customer at a specific
2 time.
3     "Targeted methamphetamine precursor" means any compound,
4 mixture, or preparation that contains any detectable quantity
5 of ephedrine or pseudoephedrine, their salts or optical
6 isomers, or salts of optical isomers.
7     "Targeted package" means a package, including a
8 convenience package, containing any amount of targeted
9 methamphetamine precursor.
10     "Ultimate user" has the meaning provided in Section 102 of
11 the Illinois Controlled Substances Act.
12     "Williamson County Pilot Program" or "Pilot Program" means
13 the program described in Sections 36, 37, 38, 39, and 39.5 of
14 this Act.
15     "Williamson County Pilot Program Authority" or "Pilot
16 Program Authority" means the Williamson County Sheriff's
17 Office or its employees or agents.
18     "Voluntary participant" means any pharmacy that, although
19 not required by law to do so, participates in the Williamson
20 County Pilot Program.
21     Notwithstanding any other rulemaking authority that may
22 exist, neither the Governor nor any agency or agency head under
23 the jurisdiction of the Governor has any authority to make or
24 promulgate rules to implement or enforce the provisions of this
25 amendatory Act of the 95th General Assembly. If, however, the
26 Governor believes that rules are necessary to implement or

 

 

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1 enforce the provisions of this amendatory Act of the 95th
2 General Assembly, the Governor may suggest rules to the General
3 Assembly by filing them with the Clerk of the House and the
4 Secretary of the Senate and by requesting that the General
5 Assembly authorize such rulemaking by law, enact those
6 suggested rules into law, or take any other appropriate action
7 in the General Assembly's discretion. Nothing contained in this
8 amendatory Act of the 95th General Assembly shall be
9 interpreted to grant rulemaking authority under any other
10 Illinois statute where such authority is not otherwise
11 explicitly given. For the purposes of this Section, "rules" is
12 given the meaning contained in Section 1-70 of the Illinois
13 Administrative Procedure Act, and "agency" and "agency head"
14 are given the meanings contained in Sections 1-20 and 1-25 of
15 the Illinois Administrative Procedure Act to the extent that
16 such definitions apply to agencies or agency heads under the
17 jurisdiction of the Governor.
18 (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06;
19 95-640, eff. 6-1-08.)
 
20     (720 ILCS 648/25)
21     (Text of Section after amendment by P.A. 95-640)
22     Sec. 25. Pharmacies.
23     (a) No targeted methamphetamine precursor may be knowingly
24 distributed through a pharmacy, including a pharmacy located
25 within, owned by, operated by, or associated with a retail

 

 

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

 

 

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1     by the person; and
2         (2) The name entered into the log referred to in
3     subsection (a) of Section 20 of this Act corresponds to the
4     name on the government-issued identification presented by
5     the person.
6     (f) The logs referred to in subsection (a) of Section 20 of
7 this Act shall be kept confidential, maintained for not less
8 than 2 years, and made available for inspection and copying by
9 any law enforcement officer upon request of that officer. These
10 logs may be kept in an electronic format if they include all
11 the information specified in subsection (a) of Section 20 of
12 this Act in a manner that is readily retrievable and
13 reproducible in hard-copy format. Pharmacies covered by the
14 Williamson County Pilot Program described in Sections 36, 37,
15 38, 39, and 39.5 of this Act and pharmacies covered by the
16 Illinois State Police Precursor Tracking Program described in
17 Sections 39.6, 39.7, 39.8, 39.9, and 39.9-5 of this Act are
18 required to transmit electronic transaction records or
19 handwritten logs to the Pilot Program Authority in the manner
20 described in those Sections.
21     (g) No retail distributor operating a pharmacy, and no
22 pharmacist or pharmacy technician, shall knowingly distribute
23 any targeted methamphetamine precursor to any person under 18
24 years of age.
25     (h) No retail distributor operating a pharmacy, and no
26 pharmacist or pharmacy technician, shall knowingly distribute

 

 

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1 to a single person more than 2 targeted packages in a single
2 retail transaction.
3     (i) No retail distributor operating a pharmacy, and no
4 pharmacist or pharmacy technician, shall knowingly distribute
5 to a single person in any 30-day period products containing
6 more than a total of 7,500 milligrams of ephedrine or
7 pseudoephedrine, their salts or optical isomers, or salts of
8 optical isomers.
9     (j) A pharmacist or pharmacy technician may distribute a
10 targeted methamphetamine precursor to a person who is without a
11 form of identification specified in paragraph (1) of subsection
12 (a) of Section 20 of this Act only if all other provisions of
13 this Act are followed and either:
14         (1) the person presents a driver's license issued
15     without a photograph by the State of Illinois pursuant to
16     the Illinois Administrative Code, Title 92, Section
17     1030.90(b)(1) or 1030.90(b)(2); or
18         (2) the person is known to the pharmacist or pharmacy
19     technician, the person presents some form of
20     identification, and the pharmacist or pharmacy technician
21     reasonably believes that the targeted methamphetamine
22     precursor will be used for a legitimate medical purpose and
23     not to manufacture methamphetamine.
24     (k) When a pharmacist or pharmacy technician distributes a
25 targeted methamphetamine precursor to a person according to the
26 procedures set forth in this Act, and the pharmacist or

 

 

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1 pharmacy technician does not have access to a working cash
2 register at the pharmacy counter, the pharmacist or pharmacy
3 technician may instruct the person to pay for the targeted
4 methamphetamine precursor at a cash register located elsewhere
5 in the retail establishment, whether that register is operated
6 by a pharmacist, pharmacy technician, or other employee or
7 agent of the retail establishment.
8     (l) Notwithstanding any other rulemaking authority that
9 may exist, neither the Governor nor any agency or agency head
10 under the jurisdiction of the Governor has any authority to
11 make or promulgate rules to implement or enforce the provisions
12 of this amendatory Act of the 95th General Assembly. If,
13 however, the Governor believes that rules are necessary to
14 implement or enforce the provisions of this amendatory Act of
15 the 95th General Assembly, the Governor may suggest rules to
16 the General Assembly by filing them with the Clerk of the House
17 and the Secretary of the Senate and by requesting that the
18 General Assembly authorize such rulemaking by law, enact those
19 suggested rules into law, or take any other appropriate action
20 in the General Assembly's discretion. Nothing contained in this
21 amendatory Act of the 95th General Assembly shall be
22 interpreted to grant rulemaking authority under any other
23 Illinois statute where such authority is not otherwise
24 explicitly given. For the purposes of this Section, "rules" is
25 given the meaning contained in Section 1-70 of the Illinois
26 Administrative Procedure Act, and "agency" and "agency head"

 

 

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1 are given the meanings contained in Sections 1-20 and 1-25 of
2 the Illinois Administrative Procedure Act to the extent that
3 such definitions apply to agencies or agency heads under the
4 jurisdiction of the Governor.
5 (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06;
6 95-640, eff. 6-1-08; 95-689, eff. 10-29-07; revised 11-19-07.)
 
7     (720 ILCS 648/39.6 new)
8     Sec. 39.6. Illinois State Police Precursor Tracking
9 Program; general provisions.
10     (a) Purposes. The purposes of this Section are: to
11 establish a pilot program based in Adams, Madison, and
12 Vermilion Counties to track purchases of targeted
13 methamphetamine precursors at multiple locations; to identify
14 persons obtaining or distributing targeted methamphetamine
15 precursors for the likely purpose of manufacturing
16 methamphetamine; to starve methamphetamine manufacturers of
17 the methamphetamine precursors they need to make
18 methamphetamine; to locate and shut down methamphetamine
19 laboratories; and ultimately to reduce the harm that
20 methamphetamine manufacturing and manufacturers are inflicting
21 on individuals, families, communities, first responders, the
22 economy, and the environment in Illinois and beyond. In
23 authorizing this pilot program, the General Assembly
24 recognizes that, although this Act has significantly reduced
25 the number of methamphetamine laboratories in Illinois, some

 

 

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1 persons continue to violate the Act, evade detection, and
2 support the manufacture of methamphetamine by obtaining
3 targeted methamphetamine precursor at multiple locations. The
4 General Assembly further recognizes that putting an end to this
5 practice and others like it will require an effort to track
6 purchases of targeted methamphetamine precursor across
7 multiple locations, and that a pilot program coordinated by the
8 Illinois State Police in Adams, Madison, and Vermilion Counties
9 will advance this important goal.
10     (b) Structure.
11         (1) There is established a pilot program coordinated by
12     the Illinois State Police in Adams, Madison, and Vermilion
13     Counties, known as the Illinois State Police Precursor
14     Tracking Program or Pilot Program, to track purchases of
15     targeted methamphetamine precursor across multiple
16     locations for the purposes stated in subsection (a) of this
17     Section.
18         (2) The Pilot Program known as the Illinois State
19     Police Precursor Tracking Program or the Pilot Program
20     Authority shall be operated by the Illinois State Police in
21     accordance with the provisions of Sections 39.6, 39.7,
22     39.8, 39.9, and 39.9-5 of this Act.
23         (3) The Pilot Program Authority shall designate a
24     Central Repository for the collection of required
25     information, and the Central Repository shall operate
26     according to the provisions of Sections 39.6, 39.7, 39.8,

 

 

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1     39.9, and 39.9-5 of this Act.
2         (4) Every covered pharmacy shall participate in the
3     Pilot Program, and any non-covered pharmacy may
4     participate on a voluntary basis and be known as a
5     voluntary participant.
6     (c) Transmission of electronic transaction records. Except
7 as provided in Section 39.9:
8         (1) Each time a covered pharmacy distributes a targeted
9     methamphetamine precursor to a recipient under Section 25
10     of this Act, the covered pharmacy shall transmit an
11     electronic transaction record to the Central Repository.
12         (2) Each covered pharmacy shall elect to transmit
13     electronic transaction records either through the secure
14     website described in Section 39.7 of this Act or through
15     weekly electronic transfers as described in Section 39.8 of
16     this Act.
17     (d) Operation and Timeline for implementation.
18         (1) Except as stated in this subsection, this
19     amendatory Act of the 95th General Assembly shall be
20     operational upon the effective date of this amendatory Act.
21         (2) Covered pharmacies are not required to transmit any
22     electronic transaction records and exempt pharmacies are
23     not required to send any handwritten logs to the Central
24     Repository until the reporting start date set by the Pilot
25     Program Authority.
26         (3) The Pilot Program Authority shall announce the

 

 

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1     "reporting start date" within 90 days after the date this
2     legislation becomes law.
3         (4) The reporting start date shall be no sooner than 90
4     days after the date on which the Pilot Program Authority
5     announces the reporting start date.
6         (5) Starting on the reporting start date, and
7     continuing for a period of one year thereafter, covered
8     pharmacies shall transmit electronic transaction records
9     as described in Sections 39.7 and 39.8 of this Act, and
10     exempt pharmacies shall send handwritten logs as described
11     in Section 39.9 of this Act.
12         (6) Nothing in this Act shall preclude covered
13     pharmacies and exempt pharmacies from voluntarily
14     participating in the Pilot Program before the start date or
15     continuing to participate in the Pilot Program after one
16     year after the reporting start date.
17     (e) Funding. Funding for the Pilot Program shall be
18 provided by the Illinois State Police, drawing upon federal
19 grant money and other available sources. If funding is delayed,
20 curtailed, or otherwise unavailable, the Pilot Program
21 Authority may delay implementation of the Pilot Program, reduce
22 the number of counties covered by the Pilot Program, or end the
23 Pilot Program early. If any such change becomes necessary, the
24 Illinois State Police shall inform every covered pharmacy in
25 writing.
26     (f) Training. The Illinois State Police shall provide, free

 

 

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1 of charge, training and assistance to any pharmacy playing any
2 role in the Pilot Program.
3     (g) Relationship between the Illinois State Police
4 Precursor Tracking Program and other laws and rules. Nothing in
5 Sections 39.6, 39.7, 39.8, 39.9, and 39.9-5 of this Act shall
6 supersede, nullify, or diminish the force of any requirement
7 stated in any other Section of this Act or in any other State
8 or federal law or rule.
9     (h) Duration and report to the Governor and General
10 Assembly. The duration of the Illinois State Police Precursor
11 Tracking Program shall be 2 years. The Illinois State Police
12 shall prior to the end of this 2-year period report to the
13 Governor and General Assembly on the implementation and
14 efficacy of the Pilot Program and may recommend to them the
15 continuation, modification, or termination of the Program.
16     (i) Notwithstanding any other rulemaking authority that
17 may exist, neither the Governor nor any agency or agency head
18 under the jurisdiction of the Governor has any authority to
19 make or promulgate rules to implement or enforce the provisions
20 of this amendatory Act of the 95th General Assembly. If,
21 however, the Governor believes that rules are necessary to
22 implement or enforce the provisions of this amendatory Act of
23 the 95th General Assembly, the Governor may suggest rules to
24 the General Assembly by filing them with the Clerk of the House
25 and the Secretary of the Senate and by requesting that the
26 General Assembly authorize such rulemaking by law, enact those

 

 

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1 suggested rules into law, or take any other appropriate action
2 in the General Assembly's discretion. Nothing contained in this
3 amendatory Act of the 95th General Assembly shall be
4 interpreted to grant rulemaking authority under any other
5 Illinois statute where such authority is not otherwise
6 explicitly given. For the purposes of this Section, "rules" is
7 given the meaning contained in Section 1-70 of the Illinois
8 Administrative Procedure Act, and "agency" and "agency head"
9 are given the meanings contained in Sections 1-20 and 1-25 of
10 the Illinois Administrative Procedure Act to the extent that
11 such definitions apply to agencies or agency heads under the
12 jurisdiction of the Governor.
 
13     (720 ILCS 648/39.7 new)
14     Sec. 39.7. Illinois State Police Precursor Tracking
15 Program; secure website.
16     (a) Transmission of electronic transaction records through
17 a secure website; in general.
18         (1) The Illinois State Police shall establish a secure
19     website for the transmission of electronic transaction
20     records and electronic signatures and make it available
21     free of charge to any covered pharmacy that elects to use
22     it.
23         (2) The secure website shall enable any covered
24     pharmacy to transmit to the Central Repository an
25     electronic transaction record and an electronic signature

 

 

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1     each time the pharmacy distributes a targeted
2     methamphetamine precursor to a recipient under Section 25
3     of this Act.
4         (3) If the secure website becomes unavailable to a
5     covered pharmacy, the covered pharmacy may, during the
6     period in which the secure website is not available,
7     continue to distribute targeted methamphetamine precursor
8     without using the secure website if, during this period,
9     the covered pharmacy maintains and transmits handwritten
10     logs as described in subsection (b) of Section 39.9 of this
11     Act.
12     (b) Assistance to covered pharmacies using the secure
13 website.
14         (1) The purpose of this subsection is to ensure that
15     participation in the Pilot Program does not impose
16     substantial costs on covered pharmacies that elect to
17     transmit electronic transaction records to the Central
18     Repository by means of the secure website.
19         (2) If a covered pharmacy that elects to transmit
20     electronic transaction records by means of the secure
21     website does not have computer hardware or software or
22     related equipment sufficient to make use of the secure
23     website, then the covered pharmacy may obtain and install
24     such hardware or software or related equipment at its own
25     cost, or it may request assistance from the Illinois State
26     Police, or some combination of the two.

 

 

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1         (3) If a covered pharmacy requests such assistance,
2     then the Illinois State Police shall, free of charge,
3     provide and install any computer hardware or software or
4     related equipment needed.
5         (4) Nothing in this subsection shall preclude the
6     Illinois State Police from providing additional or other
7     assistance to any pharmacy or retail distributor.
8     (c) Any covered pharmacy that elects to transmit electronic
9 transaction records by means of the secure website described in
10 this Section may use the secure website as its exclusive means
11 of complying with subsections (d) and (f) of Section 25 of this
12 Act, provided that, along with each electronic transaction
13 record, the pharmacy also transmits an electronically-captured
14 signature of the recipient of the targeted methamphetamine
15 precursor. To facilitate this option, the Pilot Program shall
16 do the following:
17         (1) The Illinois State Police shall provide to any
18     covered pharmacy that requests it an electronic signature
19     pad or other means of electronic signature capture.
20         (2) The Illinois State Police shall provide the covered
21     pharmacy with an official letter indicating that:
22             (A) The covered pharmacy in question is
23         participating in the Illinois State Police Precursor
24         Tracking Program for a specified period of time.
25             (B) During the specified period of time, the
26         Illinois State Police has assumed responsibility for

 

 

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1         maintaining the logs described in subsection (f) of
2         Section 25 of this Act.
3             (C) Any law enforcement officer seeking to inspect
4         or copy the covered pharmacy's logs should direct the
5         request to the Illinois State Police through means
6         described in the letter.
7     (d) Notwithstanding any other rulemaking authority that
8 may exist, neither the Governor nor any agency or agency head
9 under the jurisdiction of the Governor has any authority to
10 make or promulgate rules to implement or enforce the provisions
11 of this amendatory Act of the 95th General Assembly. If,
12 however, the Governor believes that rules are necessary to
13 implement or enforce the provisions of this amendatory Act of
14 the 95th General Assembly, the Governor may suggest rules to
15 the General Assembly by filing them with the Clerk of the House
16 and the Secretary of the Senate and by requesting that the
17 General Assembly authorize such rulemaking by law, enact those
18 suggested rules into law, or take any other appropriate action
19 in the General Assembly's discretion. Nothing contained in this
20 amendatory Act of the 95th General Assembly shall be
21 interpreted to grant rulemaking authority under any other
22 Illinois statute where such authority is not otherwise
23 explicitly given. For the purposes of this Section, "rules" is
24 given the meaning contained in Section 1-70 of the Illinois
25 Administrative Procedure Act, and "agency" and "agency head"
26 are given the meanings contained in Sections 1-20 and 1-25 of

 

 

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1 the Illinois Administrative Procedure Act to the extent that
2 such definitions apply to agencies or agency heads under the
3 jurisdiction of the Governor.
 
4     (720 ILCS 648/39.8 new)
5     Sec. 39.8. Illinois State Police Precursor Tracking
6 Program; weekly electronic transfer.
7     (a) Weekly electronic transfer; in general.
8         (1) Any covered pharmacy may elect not to use the
9     secure website but instead to transmit electronic
10     transaction records by means of weekly electronic
11     transfers as described in this Section.
12         (2) Any covered pharmacy electing to transmit
13     electronic transaction records by means of weekly
14     electronic transfers shall transmit the records by means of
15     a computer diskette, a magnetic tape, or an electronic
16     device compatible with the receiving device of the Central
17     Repository.
18     (b) Weekly electronic transfer; timing.
19         (1) Any covered pharmacy electing to transmit
20     electronic transaction records by means of weekly
21     electronic transfers shall select a standard weeklong
22     reporting period such as, by way of example only, the 7-day
23     period that begins immediately after midnight Monday
24     morning and lasts until immediately before midnight the
25     next Sunday night.

 

 

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1         (2) Electronic transaction records for transactions
2     occurring during the standard weeklong reporting period
3     selected by the pharmacy shall be transmitted to the
4     Central Repository no later than 24 hours after each
5     standard weeklong reporting period ends.
6         (3) Electronic transaction records may be delivered to
7     the Central Repository in person, by messenger, through the
8     United States Postal Service, over the Internet, or by
9     other reasonably reliable and prompt means.
10         (4) Although electronic transaction records shall be
11     transmitted to the Central Repository no later than one day
12     after the end of a weeklong reporting period, it is not
13     required that the electronic transaction records be
14     received by that deadline.
15     (c) Weekly electronic transfer; form of data. Each
16 electronic transaction record transmitted shall contain the
17 following information in the form described:
18         (1) The recipient's (A) first name, (B) last name, (C)
19     street address, and (D) zip code, in the 4 separate data
20     fields listed (A) through (D).
21         (2) The (A) date, (B) time of the transaction, and (C)
22     recipient signature, in the 3 separate data fields listed
23     (A), (B), and (C).
24         (3) One of the following:
25             (A) The (1) brand and product name and (2) total
26         quantity in milligrams distributed of ephedrine or

 

 

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1         pseudoephedrine, their salts, or optical isomers, or
2         salts of optical isomers, in the 2 separate data fields
3         listed (1) and (2);
4             (B) The National Drug Code (NDC) number
5         corresponding to the product distributed, from which
6         may be determined the brand and product name and total
7         quantity distributed of ephedrine or pseudoephedrine,
8         their salts, or optical isomers, or salts of optical
9         isomers; or
10             (C) A company-specific code, akin to the National
11         Drug Code, from which may be determined the brand and
12         product name and total quantity distributed of
13         ephedrine or pseudoephedrine, their salts, or optical
14         isomers, or salts of optical isomers, along with
15         information sufficient to translate any
16         company-specific codes into the brand and product name
17         and total quantity distributed of ephedrine or
18         pseudoephedrine, their salts, or optical isomers, or
19         salts of optical isomers.
20         (4) One of the following:
21             (A) The identification type presented by the
22         recipient; or
23             (B) A code for the identification type presented by
24         the recipient, along with information sufficient to
25         translate any such code into the actual identification
26         type presented by the recipient.

 

 

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1         (5) The identification number presented by the
2     recipient.
3         (6) One of the following:
4             (A) The (1) name, (2) street address, and (3) zip
5         code of the covered pharmacy, in 3 separate data fields
6         (1) through (3);
7             (B) The Drug Enforcement Administration (DEA)
8         number of the individual covered pharmacy, from which
9         may be determined the name, street address, and zip
10         code of the covered pharmacy; or
11             (C) A company-specific code, akin to the Drug
12         Enforcement Administration number, from which may be
13         determined the name, street address, and zip code of
14         the covered pharmacy, along with information
15         sufficient to translate any company-specific codes
16         into the name, street address, and zip code of the
17         covered pharmacy.
18     (d) Notwithstanding any other rulemaking authority that
19 may exist, neither the Governor nor any agency or agency head
20 under the jurisdiction of the Governor has any authority to
21 make or promulgate rules to implement or enforce the provisions
22 of this amendatory Act of the 95th General Assembly. If,
23 however, the Governor believes that rules are necessary to
24 implement or enforce the provisions of this amendatory Act of
25 the 95th General Assembly, the Governor may suggest rules to
26 the General Assembly by filing them with the Clerk of the House

 

 

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1 and the Secretary of the Senate and by requesting that the
2 General Assembly authorize such rulemaking by law, enact those
3 suggested rules into law, or take any other appropriate action
4 in the General Assembly's discretion. Nothing contained in this
5 amendatory Act of the 95th General Assembly shall be
6 interpreted to grant rulemaking authority under any other
7 Illinois statute where such authority is not otherwise
8 explicitly given. For the purposes of this Section, "rules" is
9 given the meaning contained in Section 1-70 of the Illinois
10 Administrative Procedure Act, and "agency" and "agency head"
11 are given the meanings contained in Sections 1-20 and 1-25 of
12 the Illinois Administrative Procedure Act to the extent that
13 such definitions apply to agencies or agency heads under the
14 jurisdiction of the Governor.
 
15     (720 ILCS 648/39.9 new)
16     Sec. 39.9. Illinois State Police Precursor Tracking
17 Program; exempt pharmacies.
18     (a) When a covered pharmacy is exempt. A covered pharmacy
19 is exempt from the requirement that it transmit electronic
20 transaction records to the Central Repository through the
21 secure website described in Section 39.7 or weekly electronic
22 transfers described in Section 39.8 of this Act if all of the
23 following conditions are satisfied:
24         (1) The covered pharmacy:
25             (A) Submits to the Pilot Program Authority a

 

 

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1         written request for such an exemption;
2             (B) Has complied with Section 25 of this Act by
3         maintaining handwritten rather than electronic logs
4         during the 60-day period preceding the date the written
5         request is transmitted;
6             (C) Has not sold more than 20 targeted packages in
7         any 7-day period during the 60-day period preceding the
8         date the written request is transmitted; and
9             (D) Provides, along with the written request,
10         copies of handwritten logs covering the 60-day period
11         preceding the written request; and
12         (2) The Pilot Program Authority:
13             (A) Reviews the written request;
14             (B) Verifies that the covered pharmacy has
15         complied with Section 25 of this Act by maintaining
16         handwritten rather than electronic logs during the
17         60-day period preceding the date the written request is
18         transmitted;
19             (C) Verifies that the covered pharmacy has not sold
20         more than 20 targeted packages in any 7-day period
21         during the 60-day period preceding the date the written
22         request is transmitted; and
23             (D) Sends the covered pharmacy a letter stating
24         that the covered pharmacy is exempt from the
25         requirement that it transmit electronic transaction
26         records to the Central Repository.

 

 

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1     (b) Obligations of an exempt pharmacy.
2         (1) A pharmacy that is exempt from the requirement that
3     it transmit electronic transaction records to the Central
4     Repository shall instead transmit copies, and retain the
5     originals, of handwritten logs.
6         (2) An exempt covered pharmacy shall transmit copies of
7     handwritten logs to the Central Repository in person, by
8     facsimile, through the United States Postal Service, or by
9     other reasonably reliable and prompt means.
10         (3) An exempt covered pharmacy shall transmit copies of
11     handwritten logs on a weekly basis as described in
12     subsection (b) of Section 39.8 of this Act.
13     (c) Notwithstanding any other rulemaking authority that
14 may exist, neither the Governor nor any agency or agency head
15 under the jurisdiction of the Governor has any authority to
16 make or promulgate rules to implement or enforce the provisions
17 of this amendatory Act of the 95th General Assembly. If,
18 however, the Governor believes that rules are necessary to
19 implement or enforce the provisions of this amendatory Act of
20 the 95th General Assembly, the Governor may suggest rules to
21 the General Assembly by filing them with the Clerk of the House
22 and the Secretary of the Senate and by requesting that the
23 General Assembly authorize such rulemaking by law, enact those
24 suggested rules into law, or take any other appropriate action
25 in the General Assembly's discretion. Nothing contained in this
26 amendatory Act of the 95th General Assembly shall be

 

 

HB5901 Engrossed - 28 - LRB095 15487 RLC 41480 b

1 interpreted to grant rulemaking authority under any other
2 Illinois statute where such authority is not otherwise
3 explicitly given. For the purposes of this Section, "rules" is
4 given the meaning contained in Section 1-70 of the Illinois
5 Administrative Procedure Act, and "agency" and "agency head"
6 are given the meanings contained in Sections 1-20 and 1-25 of
7 the Illinois Administrative Procedure Act to the extent that
8 such definitions apply to agencies or agency heads under the
9 jurisdiction of the Governor.
 
10     (720 ILCS 648/39.9-5 new)
11     Sec. 39.9-5. Illinois State Police Precursor Tracking
12 Program; confidentiality of records.
13     (a) The Central Repository shall delete each electronic
14 transaction record and handwritten log entry 24 months after
15 the date of the transaction it describes.
16     (b) The Illinois State Police and Central Repository shall
17 carry out a program to protect the confidentiality of
18 electronic transaction records and handwritten log entries
19 transmitted pursuant to Sections 39.6, 39.7, 39.8, and 39.9 of
20 this Act. The Pilot Program Authority and Central Repository
21 shall ensure that this information remains completely
22 confidential except as specifically provided in subsections
23 (c) through (i) of this Section. Except as provided in
24 subsections (c) through (i) of this Section, this information
25 is strictly prohibited from disclosure.

 

 

HB5901 Engrossed - 29 - LRB095 15487 RLC 41480 b

1     (c) Any employee or agent of the Central Repository may
2 have access to electronic transaction records and handwritten
3 log entries solely for the purpose of receiving, processing,
4 storing or analyzing this information.
5     (d) Any employee or agent of the Illinois State Police may
6 have access to electronic transaction records or handwritten
7 log entries solely for the purpose of identifying,
8 investigating, or prosecuting violations of this Act or any
9 other State or federal law or rule involving a methamphetamine
10 precursor, methamphetamine, or any other controlled substance.
11     (e) The Illinois State Police may release electronic
12 transaction records or handwritten log entries to the
13 authorized representative of a qualified outside entity only if
14 all of the following conditions are satisfied:
15         (1) The Illinois State Police verifies that the entity
16     receiving electronic transaction records or handwritten
17     log entries is a qualified outside entity as defined in
18     this Act.
19         (2) The Illinois State Police verifies that the person
20     receiving electronic transaction records or handwritten
21     log entries is an authorized representative, as defined in
22     this Act, of the qualified outside entity.
23         (3) The qualified outside entity agrees in writing, or
24     has previously agreed in writing, that it will use
25     electronic transaction records and handwritten log entries
26     solely for the purpose of identifying, investigating, or

 

 

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1     prosecuting violations of this Act or any other State or
2     federal law or rule involving a methamphetamine precursor,
3     methamphetamine, or any other controlled substance.
4         (4) The qualified outside entity does not have a
5     history known to the Illinois State Police of violating
6     this agreement or similar agreements or of breaching the
7     confidentiality of sensitive information.
8     (f) The Illinois State Police may release to a particular
9 covered pharmacy or voluntary participant any electronic
10 transaction records or handwritten log entries previously
11 submitted by that particular covered pharmacy or voluntary
12 participant.
13     (g) The Illinois State Police may release to a particular
14 recipient any electronic transaction records clearly relating
15 to that recipient, upon sufficient proof of identity.
16     (h) The Illinois State Police may distribute
17 Methamphetamine Precursor Violation Alerts only if all of the
18 following conditions are satisfied:
19         (1) The Illinois State Police has reason to believe
20     that one or more recipients have violated or are violating
21     this Act or any other State or federal law or rule
22     involving a methamphetamine precursor, methamphetamine, or
23     any other controlled substance.
24         (2) Based on this information, the Illinois State
25     Police distributes a Methamphetamine Precursor Violation
26     Alert that may contain any of the following confidential

 

 

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1     information:
2             (A) With respect to any recipient whom it is
3         believed has violated, has attempted to violate, or is
4         violating this Act or any other State or federal law or
5         rule involving a methamphetamine precursor,
6         methamphetamine, or any other controlled substance:
7         (i) Any name he or she has used to purchase or attempt
8         to purchase methamphetamine precursor; (ii) Any
9         address he or she has listed when purchasing or
10         attempting to purchase any targeted methamphetamine
11         precursor; and (iii) Any identification information he
12         or she has used to purchase or attempt to purchase
13         methamphetamine precursor.
14             (B) With respect to any transaction in which the
15         recipient is believed to have purchased
16         methamphetamine precursor: (i) The date and time of the
17         transaction or attempt; (ii) The city or town and state
18         in which the transaction or attempt occurred; and (iii)
19         The total quantity received of ephedrine or
20         pseudoephedrine, their salts, or optical isomers, or
21         salts of optical isomers.
22         (3) Methamphetamine Precursor Violation Alerts shall
23     not include, with respect of any transaction in which the
24     recipient is believed to have purchased or attempted to
25     purchase methamphetamine precursor:
26             (A) The name or street address of the pharmacy

 

 

HB5901 Engrossed - 32 - LRB095 15487 RLC 41480 b

1         where the transaction or attempt took place, other than
2         the city or town and state where the pharmacy is
3         located; or
4             (B) The brand and product name of the item
5         received.
6         (4) Methamphetamine Precursor Violation Alerts may be
7     distributed to pharmacies, retail distributors, and law
8     enforcement agencies. When such alerts are distributed to
9     law enforcement agencies, it shall not be necessary to
10     follow the procedures described in subsection (d) of this
11     Section.
12         (5) When distributing Methamphetamine Precursor
13     Violation Alerts, the Pilot Program Authority shall
14     instruct those receiving the alerts that they are intended
15     only for pharmacies, retail distributors, and law
16     enforcement authorities, and that such alerts should
17     otherwise be kept confidential.
18     (i) The Illinois State Police may release general
19 statistical information to any person or entity provided that
20 the statistics do not include any information that identifies
21 any individual recipient or pharmacy by name, address,
22 identification number, Drug Enforcement Administration number,
23 or other means.
24     (j) Notwithstanding any other rulemaking authority that
25 may exist, neither the Governor nor any agency or agency head
26 under the jurisdiction of the Governor has any authority to

 

 

HB5901 Engrossed - 33 - LRB095 15487 RLC 41480 b

1 make or promulgate rules to implement or enforce the provisions
2 of this amendatory Act of the 95th General Assembly. If,
3 however, the Governor believes that rules are necessary to
4 implement or enforce the provisions of this amendatory Act of
5 the 95th General Assembly, the Governor may suggest rules to
6 the General Assembly by filing them with the Clerk of the House
7 and the Secretary of the Senate and by requesting that the
8 General Assembly authorize such rulemaking by law, enact those
9 suggested rules into law, or take any other appropriate action
10 in the General Assembly's discretion. Nothing contained in this
11 amendatory Act of the 95th General Assembly shall be
12 interpreted to grant rulemaking authority under any other
13 Illinois statute where such authority is not otherwise
14 explicitly given. For the purposes of this Section, "rules" is
15 given the meaning contained in Section 1-70 of the Illinois
16 Administrative Procedure Act, and "agency" and "agency head"
17 are given the meanings contained in Sections 1-20 and 1-25 of
18 the Illinois Administrative Procedure Act to the extent that
19 such definitions apply to agencies or agency heads under the
20 jurisdiction of the Governor.
 
21     (720 ILCS 648/40)
22     (Text of Section after amendment by P.A. 95-640)
23     Sec. 40. Penalties.
24     (a) Violations of subsection (b) of Section 20 of this Act.
25         (1) Any person who knowingly purchases, receives, or

 

 

HB5901 Engrossed - 34 - LRB095 15487 RLC 41480 b

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

 

 

HB5901 Engrossed - 35 - LRB095 15487 RLC 41480 b

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

 

 

HB5901 Engrossed - 36 - LRB095 15487 RLC 41480 b

1 Act, other than violations of subsection (b) of Section 20 of
2 this Act.
3         (1) Any pharmacy or retail distributor that violates
4     Section 15, 20, 25, 30, or 35 of this Act, other than
5     subsection (b) of Section 20 of this Act, is guilty of a
6     petty offense and subject to a fine of $500 for a first
7     offense; and $1,000 for a second offense occurring at the
8     same retail location as and within 3 years of the prior
9     offense. A pharmacy or retail distributor that violates
10     this Act is guilty of a business offense and subject to a
11     fine of $5,000 for a third or subsequent offense occurring
12     at the same retail location as and within 3 years of the
13     prior offenses.
14         (2) An employee or agent of a pharmacy or retail
15     distributor who violates Section 15, 20, 25, 30, or 35 of
16     this Act, other than subsection (b) of Section 20 of this
17     Act, is guilty of a Class A misdemeanor for a first
18     offense, a Class 4 felony for a second offense, and a Class
19     1 felony for a third or subsequent offense.
20         (3) Any other person who violates Section 15, 20, 25,
21     30, or 35 of this Act, other than subsection (b) of Section
22     20 of this Act, is guilty of a Class B misdemeanor for a
23     first offense, a Class A misdemeanor for a second offense,
24     and a Class 4 felony for a third or subsequent offense.
25     (c) Any pharmacy or retail distributor that violates
26 Section 36, 37, 38, 39, or 39.5, 39.6, 39.7, 39.8, 39.9, or

 

 

HB5901 Engrossed - 37 - LRB095 15487 RLC 41480 b

1 39.9-5 of this Act is guilty of a petty offense and subject to
2 a fine of $100 for a first offense, $250 for a second offense,
3 or $500 for a third or subsequent offense.
4     (d) Any person that violates Section 39.5 or 39.9-5 of this
5 Act is guilty of a Class B misdemeanor for a first offense, a
6 Class A misdemeanor for a second offense, and a Class 4 felony
7 for a third offense.
8     (e) (d) Any person who, in order to acquire a targeted
9 methamphetamine precursor, knowingly uses or provides the
10 driver's license or government-issued identification of
11 another person, or who knowingly uses or provides a fictitious
12 or unlawfully altered driver's license or government-issued
13 identification, or who otherwise knowingly provides false
14 information, is guilty of a Class 4 felony for a first offense,
15 a Class 3 felony for a second offense, and a Class 2 felony for
16 a third or subsequent offense.
17     For purposes of this subsection (e) (d), the terms
18 "fictitious driver's license", "unlawfully altered driver's
19 license", and "false information" have the meanings ascribed to
20 them in Section 6-301.1 of the Illinois Vehicle Code.
21     (f) Notwithstanding any other rulemaking authority that
22 may exist, neither the Governor nor any agency or agency head
23 under the jurisdiction of the Governor has any authority to
24 make or promulgate rules to implement or enforce the provisions
25 of this amendatory Act of the 95th General Assembly. If,
26 however, the Governor believes that rules are necessary to

 

 

HB5901 Engrossed - 38 - LRB095 15487 RLC 41480 b

1 implement or enforce the provisions of this amendatory Act of
2 the 95th General Assembly, the Governor may suggest rules to
3 the General Assembly by filing them with the Clerk of the House
4 and the Secretary of the Senate and by requesting that the
5 General Assembly authorize such rulemaking by law, enact those
6 suggested rules into law, or take any other appropriate action
7 in the General Assembly's discretion. Nothing contained in this
8 amendatory Act of the 95th General Assembly shall be
9 interpreted to grant rulemaking authority under any other
10 Illinois statute where such authority is not otherwise
11 explicitly given. For the purposes of this Section, "rules" is
12 given the meaning contained in Section 1-70 of the Illinois
13 Administrative Procedure Act, and "agency" and "agency head"
14 are given the meanings contained in Sections 1-20 and 1-25 of
15 the Illinois Administrative Procedure Act to the extent that
16 such definitions apply to agencies or agency heads under the
17 jurisdiction of the Governor.
18 (Source: P.A. 94-694, eff. 1-15-06; 95-252, eff. 1-1-08;
19 95-640, eff. 6-1-08; revised 12-12-07.)
 
20     (720 ILCS 648/45)
21     (Text of Section after amendment by P.A. 95-640)
22     Sec. 45. Immunity from civil liability. In the event that
23 any agent or employee of a pharmacy or retail distributor
24 reports to any law enforcement officer or agency any suspicious
25 activity concerning a targeted methamphetamine precursor or

 

 

HB5901 Engrossed - 39 - LRB095 15487 RLC 41480 b

1 other methamphetamine ingredient or ingredients, or
2 participates in the Williamson County Pilot Program as provided
3 in Sections 36, 37, 38, 39, and 39.5 of this Act or the
4 Illinois State Police Precursor Tracking Program as provided in
5 Sections 39.6, 39.7, 39.8, 39.9, or 39.9-5 of this Act, the
6 agent or employee and the pharmacy or retail distributor itself
7 are immune from civil liability based on allegations of
8 defamation, libel, slander, false arrest, or malicious
9 prosecution, or similar allegations, except in cases of willful
10 or wanton misconduct.
11     Notwithstanding any other rulemaking authority that may
12 exist, neither the Governor nor any agency or agency head under
13 the jurisdiction of the Governor has any authority to make or
14 promulgate rules to implement or enforce the provisions of this
15 amendatory Act of the 95th General Assembly. If, however, the
16 Governor believes that rules are necessary to implement or
17 enforce the provisions of this amendatory Act of the 95th
18 General Assembly, the Governor may suggest rules to the General
19 Assembly by filing them with the Clerk of the House and the
20 Secretary of the Senate and by requesting that the General
21 Assembly authorize such rulemaking by law, enact those
22 suggested rules into law, or take any other appropriate action
23 in the General Assembly's discretion. Nothing contained in this
24 amendatory Act of the 95th General Assembly shall be
25 interpreted to grant rulemaking authority under any other
26 Illinois statute where such authority is not otherwise

 

 

HB5901 Engrossed - 40 - LRB095 15487 RLC 41480 b

1 explicitly given. For the purposes of this Section, "rules" is
2 given the meaning contained in Section 1-70 of the Illinois
3 Administrative Procedure Act, and "agency" and "agency head"
4 are given the meanings contained in Sections 1-20 and 1-25 of
5 the Illinois Administrative Procedure Act to the extent that
6 such definitions apply to agencies or agency heads under the
7 jurisdiction of the Governor.
8 (Source: P.A. 94-694, eff. 1-15-06; 95-640, eff. 6-1-08.)
 
9     (720 ILCS 648/55)
10     (Text of Section after amendment by P.A. 95-640)
11     Sec. 55. Preemption and home rule powers.
12     (a) Except as provided in subsection (b) of this Section
13 and in Sections 36, 37, 38, 39, and 39.5, 39.6, 39.7, 39.8,
14 39.9, and 39.9-5 of this Act, a county or municipality,
15 including a home rule unit, may regulate the sale of targeted
16 methamphetamine precursor and targeted packages in a manner
17 that is not more or less restrictive than the regulation by the
18 State under this Act. This Section is a limitation under
19 subsection (i) of Section 6 of Article VII of the Illinois
20 Constitution on the concurrent exercise by home rule units of
21 the powers and functions exercised by the State.
22     (b) Any regulation of the sale of targeted methamphetamine
23 precursor and targeted packages by a home rule unit that took
24 effect on or before May 1, 2004, is exempt from the provisions
25 of subsection (a) of this Section.

 

 

HB5901 Engrossed - 41 - LRB095 15487 RLC 41480 b

1     (c) Notwithstanding any other rulemaking authority that
2 may exist, neither the Governor nor any agency or agency head
3 under the jurisdiction of the Governor has any authority to
4 make or promulgate rules to implement or enforce the provisions
5 of this amendatory Act of the 95th General Assembly. If,
6 however, the Governor believes that rules are necessary to
7 implement or enforce the provisions of this amendatory Act of
8 the 95th General Assembly, the Governor may suggest rules to
9 the General Assembly by filing them with the Clerk of the House
10 and the Secretary of the Senate and by requesting that the
11 General Assembly authorize such rulemaking by law, enact those
12 suggested rules into law, or take any other appropriate action
13 in the General Assembly's discretion. Nothing contained in this
14 amendatory Act of the 95th General Assembly shall be
15 interpreted to grant rulemaking authority under any other
16 Illinois statute where such authority is not otherwise
17 explicitly given. For the purposes of this Section, "rules" is
18 given the meaning contained in Section 1-70 of the Illinois
19 Administrative Procedure Act, and "agency" and "agency head"
20 are given the meanings contained in Sections 1-20 and 1-25 of
21 the Illinois Administrative Procedure Act to the extent that
22 such definitions apply to agencies or agency heads under the
23 jurisdiction of the Governor.
24 (Source: P.A. 94-694, eff. 1-15-06; 95-640, eff. 6-1-08.)
 
25     Section 99. Effective date. This Act takes effect 90 days
26 after becoming law.