HB1956 95TH GENERAL ASSEMBLY

LRB095 07652 RLC 31898 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1956

Introduced 2/23/2007, by Rep. John E. Bradley

SYNOPSIS AS INTRODUCED:

720 ILCS 648/10
720 ILCS 648/55
720 ILCS 648/56 new

Amends the Methamphetamine Precursor Control Act. Defines "methamphetamine precursor electronic log system" as a system by which pharmacies or retail distributors maintain in an electronic format or by electronic means required information relating to the purchase, receipt, and acquisition of targeted methamphetamine precursors. Provides that any regulation of targeted methamphetamine precursors and targeted packages by a home rule unit that establishes rules for a methamphetamine precursor electronic log system is exempt from the home rule preemption provisions of the Act. Provides that the General Assembly authorizes the creation of pilot programs by home rule units to establish methamphetamine precursor electronic log systems. Provides that the home rule units shall develop the methods by which the methamphetamine precursor electronic log systems are maintained. Provides that these pilot programs shall allow the State to assess the effectiveness of methamphetamine precursor electronic log systems as a means of preventing illegal purchase of methamphetamine precursor products.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Methamphetamine Precursor Control Act is amended by changing Sections 10 and 55 and by adding Section 56 as follows:

(720 ILCS 648/10)

Sec. 10. Definitions. In this Act:

"Administer" or "administration" has the meaning provided in Section 102 of the Illinois Controlled Substances Act.

"Agent" has the meaning provided in Section 102 of the Illinois Controlled Substances Act.

"Convenience package" means any package that contains 360 milligrams or less of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers in liquid or liquid-filled capsule form.

"Deliver" has the meaning provided in Section 102 of the Illinois Controlled Substances Act.

"Dispense" has the meaning provided in Section 102 of the Illinois Controlled Substances Act.

"Distribute" has the meaning provided in Section 102 of the Illinois Controlled Substances Act.

"List I chemical" has the meaning provided in 21 U.S.C. Section 802.

"Methamphetamine precursor" has the meaning provided in Section 10 of the Methamphetamine Control and Community Protection Act.

"Methamphetamine precursor electronic log system" means a system by which pharmacies or retail distributors maintain in an electronic format or by electronic means the information described in paragraph (2) of subsection (a) of Section 20, subsection (f) of Section 25, and subsection (e) of Section 30 of this Act.

"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.

"Pharmacist" has the meaning provided in Section 102 of the Illinois Controlled Substances Act.

"Pharmacy" has the meaning provided in Section 102 of the Illinois Controlled Substances Act.

"Practitioner" has the meaning provided in Section 102 of the Illinois Controlled Substances Act.

"Prescriber" has the meaning provided in Section 102 of the Illinois Controlled Substances Act.

"Prescription" has the meaning provided in Section 102 of the Illinois Controlled Substances Act.

"Readily retrievable" has the meaning provided in 21 C.F.R. part 1300.

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

"Sales employee" means any employee or agent, other than a pharmacist or pharmacy technician who works exclusively or almost exclusively behind a pharmacy counter, who at any time (a) operates a cash register at which targeted packages may be sold, (b) stocks shelves containing targeted packages, or (c) trains or supervises any other employee or agent who engages in any of the preceding activities.

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

"Targeted methamphetamine precursor" means any compound, mixture, or preparation that contains any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers.

"Targeted package" means a package, including a convenience package, containing any amount of targeted methamphetamine precursor.

"Ultimate user" has the meaning provided in Section 102 of the Illinois Controlled Substances Act.

(Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.)

(720 ILCS 648/55)

Sec. 55. Preemption and home rule powers.

(a) Except as provided in subsections (b) and (c) subsection (b) of this Section, a county or municipality, including a home rule unit, may regulate the sale of targeted methamphetamine precursor and targeted packages in a manner that is not more or less restrictive than the regulation by the State under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State.

(b) Any regulation of the sale of targeted methamphetamine precursor and targeted packages by a home rule unit that took effect on or before May 1, 2004, is exempt from the provisions of subsection (a) of this Section.

(c) Any regulation of targeted methamphetamine precursors and targeted packages by a home rule unit that establishes rules for a methamphetamine precursor electronic log system as provided for in Section 56 is exempt from the provisions of subsection (a) of this Section.

(Source: P.A. 94-694, eff. 1-15-06.)

(720 ILCS 648/56 new)

Sec. 56. Methamphetamine Precursor Electronic Log System Pilot Program. The General Assembly authorizes the creation of pilot programs by home rule units to establish methamphetamine precursor electronic log systems. The home rule units shall develop the methods by which the methamphetamine precursor electronic log systems are maintained. These pilot programs shall allow the State to assess the effectiveness of methamphetamine precursor electronic log systems as a means of preventing illegal purchase of methamphetamine precursor products.