Full Text of HB5416 93rd General Assembly
HB5416ham002 93RD GENERAL ASSEMBLY
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Rep. John E. Bradley
Filed: 3/31/2004
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LRB093 17142 RLC 49490 a |
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| AMENDMENT TO HOUSE BILL 5416
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| AMENDMENT NO. ______. Amend House Bill 5416 by replacing | 3 |
| the title with the following:
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| "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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| "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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| "Targeted methamphetamine manufacturing chemical" means a | 22 |
| subset of "methamphetamine manufacturing chemicals". "Targeted |
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| 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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| (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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| "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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| "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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| "Customer" means a person who buys goods from a retail | 22 |
| distributor.
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| "Distribute" means to sell, give, provide or otherwise | 24 |
| transfer.
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| "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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| "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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| "Retail distributor" means a grocery store, general | 34 |
| merchandise store, drug store, or other merchandise store, or |
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| 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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| 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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| (b) Any targeted package shall contain no more than 3 grams | 14 |
| of a targeted methamphetamine manufacturing chemical.
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| (c) A retail distributor may not distribute more than 2 | 16 |
| targeted packages in a single retail transaction.
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| (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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| (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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| 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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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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| 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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| NAME OF EMPLOYEE: (insert name)
SIGNATURE: ( ) DATE: | 18 |
| (insert date) NAME OF TRAINER: (insert name) SIGNATURE: ( )
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| 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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| 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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| 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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| 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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