Full Text of HB5901 95th General Assembly
HB5901ham001 95TH GENERAL ASSEMBLY
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Rep. Jil Tracy
Filed: 4/15/2008
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| AMENDMENT TO HOUSE BILL 5901
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| AMENDMENT NO. ______. Amend House Bill 5901 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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 |
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| from the database associated with the Williamson County Pilot | 2 |
| Program or the Illinois State Police Precursor Tracking | 3 |
| Program . | 4 |
| "Central Repository" means the entity chosen by the | 5 |
| Williamson County Pilot Program Authority to handle electronic | 6 |
| transaction records as described in Sections 36, 37, 38, 39, | 7 |
| and 39.5 of this Act or the entity chosen by the Illinois State | 8 |
| Police Precursor Tracking Program to handle electronic | 9 |
| transaction records as described in Sections 39.6, 39.7, 39.8, | 10 |
| 39.9, and 39.9-5 . | 11 |
| "Convenience package" means any package that contains 360 | 12 |
| milligrams or less of ephedrine or pseudoephedrine, their salts | 13 |
| or optical isomers, or salts of optical isomers in liquid or | 14 |
| liquid-filled capsule form. | 15 |
| "Covered pharmacy under the Franklin, Jackson, Johnson, | 16 |
| Saline, Union, or Williamson County Program" or "covered | 17 |
| pharmacy " means any pharmacy that distributes any amount of | 18 |
| targeted methamphetamine precursor and that is physically | 19 |
| located in any of the following Illinois counties: Franklin, | 20 |
| Jackson, Johnson, Saline, Union, or Williamson. | 21 |
| "Covered pharmacy under the Illinois State Police | 22 |
| Precursor Tracking Program" or "covered pharmacy" means any | 23 |
| pharmacy that distributes any amount of targeted | 24 |
| methamphetamine precursor and that is physically located in any | 25 |
| of the following Illinois counties: Adams, Madison, or | 26 |
| Vermilion. |
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| "Deliver" has the meaning provided in Section 102 of the | 2 |
| Illinois Controlled Substances Act. | 3 |
| "Dispense" has the meaning provided in Section 102 of the | 4 |
| Illinois Controlled Substances Act.
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| "Distribute" has the meaning provided in Section 102 of the | 6 |
| Illinois Controlled Substances Act. | 7 |
| "Electronic transaction record" means, with respect to the | 8 |
| distribution of a targeted methamphetamine precursor by a | 9 |
| pharmacy to a recipient under Section 25 of this Act, an | 10 |
| electronic record that includes: the name and address of the | 11 |
| recipient; date and time of the transaction; brand and product | 12 |
| name and total quantity distributed of ephedrine or | 13 |
| pseudoephedrine, their salts, or optical isomers, or salts of | 14 |
| optical isomers; identification type and identification number | 15 |
| of the identification presented by the recipient; and the name | 16 |
| and address of the pharmacy. | 17 |
| "Identification information" means identification type and | 18 |
| identification number. | 19 |
| "Identification number" means the number that appears on | 20 |
| the identification furnished by the recipient of a targeted | 21 |
| methamphetamine precursor. | 22 |
| "Identification type" means the type of identification | 23 |
| furnished by the recipient of a targeted methamphetamine | 24 |
| precursor such as, by way of example only, an Illinois driver's | 25 |
| license or United States passport. | 26 |
| "Illinois State Police Precursor Tracking Program" or |
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| "Pilot Program Authority" means the program described in | 2 |
| Sections 39.6, 39.7, 39.8, 39.9, and 39.9-5 of this Act. | 3 |
| "List I chemical" has the meaning provided in 21 U.S.C. | 4 |
| Section 802. | 5 |
| "Methamphetamine precursor" has the meaning provided in | 6 |
| Section 10 of the Methamphetamine Control and Community | 7 |
| Protection Act. | 8 |
| "Methamphetamine Precursor Violation Alert" means a notice | 9 |
| sent by the Pilot Program Authority to pharmacies, retail | 10 |
| distributors, or law enforcement authorities as described in | 11 |
| subsection (h) of Section 39.5 of this Act. | 12 |
| "Non-covered pharmacy" means any pharmacy that is not a | 13 |
| covered pharmacy. | 14 |
| "Package" means an item packaged and marked for retail sale | 15 |
| that is not designed to be further broken down or subdivided | 16 |
| for the purpose of retail sale. | 17 |
| "Pharmacist" has the meaning provided in Section 102 of the | 18 |
| Illinois Controlled Substances Act.
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| "Pharmacy" has the meaning provided in Section 102 of the | 20 |
| Illinois Controlled Substances Act. | 21 |
| "Practitioner" has the meaning provided in Section 102 of | 22 |
| the Illinois Controlled Substances Act. | 23 |
| "Prescriber" has the meaning provided in Section 102 of the | 24 |
| Illinois Controlled Substances Act. | 25 |
| "Prescription" has the meaning provided in Section 102 of | 26 |
| the Illinois Controlled Substances Act. |
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| "Qualified outside entity" means a law enforcement agency | 2 |
| or prosecutor's office with authority to identify, | 3 |
| investigate, or prosecute violations of this Act or any other | 4 |
| State or federal law or rule involving a methamphetamine | 5 |
| precursor, methamphetamine, or any other controlled substance, | 6 |
| or a public entity that operates a methamphetamine precursor | 7 |
| tracking program similar in purpose to the Williamson County | 8 |
| Pilot Program or the Illinois State Police Precursor Tracking | 9 |
| Program . | 10 |
| "Readily retrievable" has the meaning provided in 21 C.F.R. | 11 |
| part 1300. | 12 |
| "Recipient" means a person purchasing, receiving, or | 13 |
| otherwise acquiring a targeted methamphetamine precursor from | 14 |
| a pharmacy in Illinois, as described in Section 25 of this Act. | 15 |
| "Reporting start date" means the date on which covered | 16 |
| pharmacies begin transmitting electronic transaction records | 17 |
| and exempt pharmacies begin sending handwritten logs, as | 18 |
| described in subsection (b) of Section 39 of this Act. | 19 |
| "Retail distributor" means a grocery store, general | 20 |
| merchandise store, drug store, other merchandise store, or | 21 |
| other entity or person whose activities as a distributor | 22 |
| relating to drug products containing targeted methamphetamine | 23 |
| precursor are limited exclusively or almost exclusively to | 24 |
| sales for personal use by an ultimate user, both in number of | 25 |
| sales and volume of sales, either directly to walk-in customers | 26 |
| or in face-to-face transactions by direct sales. |
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| "Sales employee" means any employee or agent, other than a | 2 |
| pharmacist or pharmacy technician who at any time (a) operates | 3 |
| a cash register at which convenience
packages may be sold, (b) | 4 |
| stocks shelves containing convenience packages, or (c) trains | 5 |
| or supervises any other employee or agent who engages in any of | 6 |
| the preceding activities. | 7 |
| "Single retail transaction" means a sale by a retail | 8 |
| distributor to a recipient specific customer at a specific | 9 |
| time. | 10 |
| "Targeted methamphetamine precursor" means any compound, | 11 |
| mixture, or preparation that contains any detectable quantity | 12 |
| of ephedrine or pseudoephedrine, their salts or optical | 13 |
| isomers, or salts of optical isomers. | 14 |
| "Targeted package" means a package, including a | 15 |
| convenience package, containing any amount of targeted | 16 |
| methamphetamine precursor. | 17 |
| "Ultimate user" has the meaning provided in Section 102 of | 18 |
| the Illinois Controlled Substances Act.
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| "Williamson County Pilot Program" or "Pilot Program" means | 20 |
| the program described in Sections 36, 37, 38, 39, and 39.5 of | 21 |
| this Act. | 22 |
| "Williamson County Pilot Program Authority" or "Pilot | 23 |
| Program Authority" means the Williamson County Sheriff's | 24 |
| Office or its employees or agents. | 25 |
| "Voluntary participant" means any pharmacy that, although | 26 |
| not required by law to do so, participates in the Williamson |
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| County Pilot Program. | 2 |
| (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06; | 3 |
| 95-640, eff. 6-1-08.) | 4 |
| (720 ILCS 648/25) | 5 |
| (Text of Section after amendment by P.A. 95-640 ) | 6 |
| Sec. 25. Pharmacies. | 7 |
| (a) No targeted methamphetamine precursor may be knowingly | 8 |
| distributed through a pharmacy, including a pharmacy located | 9 |
| within, owned by, operated by, or associated with a retail | 10 |
| distributor unless all terms of this Section are satisfied. | 11 |
| (b) Any targeted methamphetamine precursor other than a | 12 |
| convenience package or a liquid, including but not limited to | 13 |
| any targeted methamphetamine precursor in liquid-filled | 14 |
| capsules, shall: be packaged in blister packs, with each | 15 |
| blister containing not more than 2 dosage units, or when the | 16 |
| use of blister packs is technically infeasible, in unit dose | 17 |
| packets. Each targeted package shall contain no more than 3,000 | 18 |
| milligrams of ephedrine or pseudoephedrine, their salts or | 19 |
| optical isomers, or salts of optical isomers.
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| (c) The targeted methamphetamine precursor shall be stored | 21 |
| behind the pharmacy counter and distributed by a pharmacist or | 22 |
| pharmacy technician licensed under the Pharmacy Practice Act. | 23 |
| (d) Any retail distributor operating a pharmacy, and any | 24 |
| pharmacist or pharmacy technician involved in the transaction | 25 |
| or transactions, shall ensure that any person purchasing, |
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| receiving, or otherwise acquiring the targeted methamphetamine | 2 |
| precursor complies with subsection (a) of Section 20 of this | 3 |
| Act.
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| (e) Any retail distributor operating a pharmacy, and any | 5 |
| pharmacist or pharmacy technician involved in the transaction | 6 |
| or transactions, shall verify that: | 7 |
| (1) The person purchasing, receiving, or otherwise | 8 |
| acquiring the targeted methamphetamine precursor is 18 | 9 |
| years of age or older and resembles the photograph of the | 10 |
| person on the government-issued identification presented | 11 |
| by the person; and
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| (2) The name entered into the log referred to in | 13 |
| subsection (a) of Section 20 of this Act corresponds to the | 14 |
| name on the government-issued identification presented by | 15 |
| the person.
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| (f) The logs referred to in subsection (a) of Section 20 of | 17 |
| this Act shall be kept confidential, maintained for not less | 18 |
| than 2 years, and made available for inspection and copying by | 19 |
| any law enforcement officer upon request of that officer.
These | 20 |
| logs may be kept in an electronic format if they include all | 21 |
| the information specified in subsection (a) of Section 20 of | 22 |
| this Act in a manner that is readily retrievable and | 23 |
| reproducible in hard-copy format. Pharmacies covered by the | 24 |
| Williamson County Pilot Program described in Sections 36, 37, | 25 |
| 38, 39, and 39.5 of this Act and pharmacies covered by the | 26 |
| Illinois State Police Precursor Tracking Program described in |
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| Sections 39.6, 39.7, 39.8, 39.9, and 39.9-5 of this Act are | 2 |
| required to transmit electronic transaction records or | 3 |
| handwritten logs to the Pilot Program Authority in the manner | 4 |
| described in those Sections. | 5 |
| (g) No retail distributor operating a pharmacy, and no | 6 |
| pharmacist or pharmacy technician, shall knowingly distribute | 7 |
| any targeted methamphetamine precursor to any person under 18 | 8 |
| years of age. | 9 |
| (h) No retail distributor operating a pharmacy, and no | 10 |
| pharmacist or pharmacy technician, shall knowingly distribute | 11 |
| to a single person more than 2 targeted packages in a single | 12 |
| retail transaction. | 13 |
| (i) No retail distributor operating a pharmacy, and no | 14 |
| pharmacist or pharmacy technician, shall knowingly distribute | 15 |
| to a single person in any 30-day period products containing | 16 |
| more than a total of 7,500 milligrams of ephedrine or | 17 |
| pseudoephedrine, their salts or optical isomers, or salts of | 18 |
| optical isomers.
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| (j) A pharmacist or pharmacy technician may distribute a | 20 |
| targeted methamphetamine precursor to a person who is without a | 21 |
| form of identification specified in paragraph (1) of subsection | 22 |
| (a) of Section 20 of this Act only if all other provisions of | 23 |
| this Act are followed and either: | 24 |
| (1) the person presents a driver's license issued | 25 |
| without a photograph by the State of Illinois pursuant to | 26 |
| the Illinois Administrative Code, Title 92, Section |
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| 1030.90(b)(1) or 1030.90(b)(2); or | 2 |
| (2) the person is known to the pharmacist or pharmacy | 3 |
| technician, the person presents some form of | 4 |
| identification, and the pharmacist or pharmacy technician | 5 |
| reasonably believes that the targeted methamphetamine | 6 |
| precursor will be used for a legitimate medical purpose and | 7 |
| not to manufacture methamphetamine.
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| (k) When a pharmacist or pharmacy technician distributes a | 9 |
| targeted methamphetamine precursor to a person according to the | 10 |
| procedures set forth in this Act, and the pharmacist or | 11 |
| pharmacy technician does not have access to a working cash | 12 |
| register at the pharmacy counter, the pharmacist or pharmacy | 13 |
| technician may instruct the person to pay for the targeted | 14 |
| methamphetamine precursor at a cash register located elsewhere | 15 |
| in the retail establishment, whether that register is operated | 16 |
| by a pharmacist, pharmacy technician, or other employee or | 17 |
| agent of the retail establishment.
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| (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06; | 19 |
| 95-640, eff. 6-1-08; 95-689, eff. 10-29-07; revised 11-19-07.) | 20 |
| (720 ILCS 648/39.6 new) | 21 |
| Sec. 39.6. Illinois State Police Precursor Tracking | 22 |
| Program; general provisions. | 23 |
| (a) Purposes. The purposes of this Section are: to | 24 |
| establish a pilot program based in Adams, Madison, and | 25 |
| Vermilion Counties to track purchases of targeted |
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| methamphetamine precursors at multiple locations; to identify | 2 |
| persons obtaining or distributing targeted methamphetamine | 3 |
| precursors for the likely purpose of manufacturing | 4 |
| methamphetamine; to starve methamphetamine manufacturers of | 5 |
| the methamphetamine precursors they need to make | 6 |
| methamphetamine; to locate and shut down methamphetamine | 7 |
| laboratories; and ultimately to reduce the harm that | 8 |
| methamphetamine manufacturing and manufacturers are inflicting | 9 |
| on individuals, families, communities, first responders, the | 10 |
| economy, and the environment in Illinois and beyond. In | 11 |
| authorizing this pilot program, the General Assembly | 12 |
| recognizes that, although this Act has significantly reduced | 13 |
| the number of methamphetamine laboratories in Illinois, some | 14 |
| persons continue to violate the Act, evade detection, and | 15 |
| support the manufacture of methamphetamine by obtaining | 16 |
| targeted methamphetamine precursor at multiple locations. The | 17 |
| General Assembly further recognizes that putting an end to this | 18 |
| practice and others like it will require an effort to track | 19 |
| purchases of targeted methamphetamine precursor across | 20 |
| multiple locations, and that a pilot program coordinated by the | 21 |
| Illinois State Police in Adams, Madison, and Vermilion Counties | 22 |
| will advance this important goal. | 23 |
| (b) Structure. | 24 |
| (1) There is established a pilot program coordinated by | 25 |
| the Illinois State Police in Adams, Madison, and Vermilion | 26 |
| Counties, known as the Illinois State Police Precursor |
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| Tracking Program or Pilot Program, to track purchases of | 2 |
| targeted methamphetamine precursor across multiple | 3 |
| locations for the purposes stated in subsection (a) of this | 4 |
| Section. | 5 |
| (2) The Pilot Program known as the Illinois State | 6 |
| Police Precursor Tracking Program or the Pilot Program | 7 |
| Authority shall be operated by the
Illinois State Police in | 8 |
| accordance with the provisions of Sections 39.6, 39.7, | 9 |
| 39.8, 39.9, and 39.9-5 of this Act. | 10 |
| (3) The Pilot Program Authority shall designate a
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| Central Repository for the collection of required | 12 |
| information, and the Central Repository shall operate | 13 |
| according to the provisions of Sections 39.6, 39.7, 39.8, | 14 |
| 39.9, and 39.9-5 of this Act. | 15 |
| (4) Every covered pharmacy shall participate in the
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| Pilot Program, and any non-covered pharmacy may | 17 |
| participate on a voluntary basis and be known as a | 18 |
| voluntary participant. | 19 |
| (c) Transmission of electronic transaction records. Except | 20 |
| as provided in Section 39.9: | 21 |
| (1) Each time a covered pharmacy distributes a
targeted | 22 |
| methamphetamine precursor to a recipient under Section 25 | 23 |
| of this Act, the covered pharmacy shall transmit an | 24 |
| electronic transaction record to the Central Repository. | 25 |
| (2) Each covered pharmacy shall elect to transmit
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| electronic transaction records either through the secure |
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| website described in Section 39.7 of this Act or through | 2 |
| weekly electronic transfers as described in Section 39.8 of | 3 |
| this Act. | 4 |
| (d) Operation and Timeline for implementation. | 5 |
| (1) Except as stated in this subsection, this
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| amendatory Act of the 95th General Assembly shall be | 7 |
| operational upon the effective date of this amendatory Act. | 8 |
| (2) Covered pharmacies are not required to transmit
any | 9 |
| electronic transaction records and exempt pharmacies are | 10 |
| not required to send any handwritten logs to the Central | 11 |
| Repository until the reporting start date set by the Pilot | 12 |
| Program Authority. | 13 |
| (3) The Pilot Program Authority shall announce the
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| "reporting start date" within 90 days after the date this | 15 |
| legislation becomes law. | 16 |
| (4) The reporting start date shall be no sooner than
90 | 17 |
| days after the date on which the Pilot Program Authority | 18 |
| announces the reporting start date. | 19 |
| (5) Starting on the reporting start date, and
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| continuing for a period of one year thereafter, covered | 21 |
| pharmacies shall transmit electronic transaction records | 22 |
| as described in Sections 39.7 and 39.8 of this Act, and | 23 |
| exempt pharmacies shall send handwritten logs as described | 24 |
| in Section 39.9 of this Act. | 25 |
| (6) Nothing in this Act shall preclude covered
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| pharmacies and exempt pharmacies from voluntarily |
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| participating in the Pilot Program before the start date or | 2 |
| continuing to participate in the Pilot Program after one | 3 |
| year after the reporting start date. | 4 |
| (e) Funding. Funding for the Pilot Program shall be | 5 |
| provided by the Illinois State Police, drawing upon federal | 6 |
| grant money and other available sources. If funding is delayed, | 7 |
| curtailed, or otherwise unavailable, the Pilot Program | 8 |
| Authority may delay implementation of the Pilot Program, reduce | 9 |
| the number of counties covered by the Pilot Program, or end the | 10 |
| Pilot Program early. If any such change becomes necessary, the | 11 |
| Illinois State Police shall inform every covered pharmacy in | 12 |
| writing. | 13 |
| (f) Training. The Illinois State Police shall provide, free | 14 |
| of charge, training and assistance to any pharmacy playing any | 15 |
| role in the Pilot Program. | 16 |
| (g) Relationship between the Illinois State Police | 17 |
| Precursor Tracking Program and other laws and rules. Nothing in | 18 |
| Sections 39.6, 39.7, 39.8, 39.9, and 39.9-5 of this Act shall | 19 |
| supersede, nullify, or diminish the force of any requirement | 20 |
| stated in any other Section of this Act or in any other State | 21 |
| or federal law or rule. | 22 |
| (h) Duration and report to the Governor and General | 23 |
| Assembly. The duration of the Illinois State Police Precursor | 24 |
| Tracking Program shall be 2 years. The Illinois State Police | 25 |
| shall prior to the end of this 2-year period report to the | 26 |
| Governor and General Assembly on the implementation and |
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| efficacy of the Pilot Program and may recommend to them the | 2 |
| continuation, modification, or termination of the Program. | 3 |
| (720 ILCS 648/39.7 new) | 4 |
| Sec. 39.7. Illinois State Police Precursor Tracking | 5 |
| Program; secure website. | 6 |
| (a) Transmission of electronic transaction records through | 7 |
| a secure website; in general. | 8 |
| (1) The Illinois State Police shall establish a
secure | 9 |
| website for the transmission of electronic transaction | 10 |
| records and electronic signatures and make it available | 11 |
| free of charge to any covered pharmacy that elects to use | 12 |
| it. | 13 |
| (2) The secure website shall enable any covered
| 14 |
| pharmacy to transmit to the Central Repository an | 15 |
| electronic transaction record and an electronic signature | 16 |
| each time the pharmacy distributes a targeted | 17 |
| methamphetamine precursor to a recipient under Section 25 | 18 |
| of this Act. | 19 |
| (3) If the secure website becomes unavailable to a
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| covered pharmacy, the covered pharmacy may, during the | 21 |
| period in which the secure website is not available, | 22 |
| continue to distribute targeted methamphetamine precursor | 23 |
| without using the secure website if, during this period, | 24 |
| the covered pharmacy maintains and transmits handwritten | 25 |
| logs as described in subsection (b) of Section 39.9 of this |
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| Act. | 2 |
| (b) Assistance to covered pharmacies using the secure | 3 |
| website. | 4 |
| (1) The purpose of this subsection is to ensure that
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| participation in the Pilot Program does not impose | 6 |
| substantial costs on covered pharmacies that elect to | 7 |
| transmit electronic transaction records to the Central | 8 |
| Repository by means of the secure website. | 9 |
| (2) If a covered pharmacy that elects to transmit
| 10 |
| electronic transaction records by means of the secure | 11 |
| website does not have computer hardware or software or | 12 |
| related equipment sufficient to make use of the secure | 13 |
| website, then the covered pharmacy may obtain and install | 14 |
| such hardware or software or related equipment at its own | 15 |
| cost, or it may request assistance from the Illinois State | 16 |
| Police, or some combination of the two. | 17 |
| (3) If a covered pharmacy requests such assistance,
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| then the Illinois State Police shall, free of charge, | 19 |
| provide and install any computer hardware or software or | 20 |
| related equipment needed. | 21 |
| (4) Nothing in this subsection shall preclude the
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| Illinois State Police from providing additional or other | 23 |
| assistance to any pharmacy or retail distributor. | 24 |
| (c) Any covered pharmacy that elects to transmit electronic | 25 |
| transaction records by means of the secure website described in | 26 |
| this Section may use the secure website as its exclusive means |
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| of complying with subsections (d) and (f) of Section 25 of this | 2 |
| Act, provided that, along with each electronic transaction | 3 |
| record, the pharmacy also transmits an electronically-captured | 4 |
| signature of the recipient of the targeted methamphetamine | 5 |
| precursor. To facilitate this option, the Pilot Program shall | 6 |
| do the following: | 7 |
| (1) The Illinois State Police shall provide to any
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| covered pharmacy that requests it an electronic signature | 9 |
| pad or other means of electronic signature capture. | 10 |
| (2) The Illinois State Police shall provide the
covered | 11 |
| pharmacy with an official letter indicating that: | 12 |
| (A) The covered pharmacy in question is
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| participating in the Illinois State Police Precursor | 14 |
| Tracking Program for a specified period of time. | 15 |
| (B) During the specified period of time, the
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| Illinois State Police has assumed responsibility for | 17 |
| maintaining the logs described in subsection (f) of | 18 |
| Section 25 of this Act. | 19 |
| (C) Any law enforcement officer seeking to
inspect | 20 |
| or copy the covered pharmacy's logs should direct the | 21 |
| request to the Illinois State Police through means | 22 |
| described in the letter. | 23 |
| (720 ILCS 648/39.8 new) | 24 |
| Sec. 39.8. Illinois State Police Precursor Tracking | 25 |
| Program; weekly electronic transfer. |
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| (a) Weekly electronic transfer; in general. | 2 |
| (1) Any covered pharmacy may elect not to use the
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| secure website but instead to transmit electronic | 4 |
| transaction records by means of weekly electronic | 5 |
| transfers as described in this Section. | 6 |
| (2) Any covered pharmacy electing to transmit
| 7 |
| electronic transaction records by means of weekly | 8 |
| electronic transfers shall transmit the records by means of | 9 |
| a computer diskette, a magnetic tape, or an electronic | 10 |
| device compatible with the receiving device of the Central | 11 |
| Repository. | 12 |
| (b) Weekly electronic transfer; timing. | 13 |
| (1) Any covered pharmacy electing to transmit
| 14 |
| electronic transaction records by means of weekly | 15 |
| electronic transfers shall select a standard weeklong | 16 |
| reporting period such as, by way of example only, the 7-day | 17 |
| period that begins immediately after midnight Monday | 18 |
| morning and lasts until immediately before midnight the | 19 |
| next Sunday night. | 20 |
| (2) Electronic transaction records for transactions
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| occurring during the standard weeklong reporting period | 22 |
| selected by the pharmacy shall be transmitted to the | 23 |
| Central Repository no later than 24 hours after each | 24 |
| standard weeklong reporting period ends. | 25 |
| (3) Electronic transaction records may be delivered
to | 26 |
| the Central Repository in person, by messenger, through the |
|
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| United States Postal Service, over the Internet, or by | 2 |
| other reasonably reliable and prompt means. | 3 |
| (4) Although electronic transaction records shall be
| 4 |
| transmitted to the Central Repository no later than one day | 5 |
| after the end of a weeklong reporting period, it is not | 6 |
| required that the electronic transaction records be | 7 |
| received by that deadline. | 8 |
| (c) Weekly electronic transfer; form of data. Each | 9 |
| electronic transaction record transmitted shall contain the | 10 |
| following information in the form described: | 11 |
| (1) The recipient's (A) first name, (B) last name,
(C) | 12 |
| street address, and (D) zip code, in the 4 separate data | 13 |
| fields listed (A) through (D). | 14 |
| (2) The (A) date, (B) time of the transaction,
and (C) | 15 |
| recipient signature, in the 3 separate data fields listed | 16 |
| (A), (B), and (C). | 17 |
| (3) One of the following: | 18 |
| (A) The (1) brand and product name and (2) total
| 19 |
| quantity in milligrams distributed of ephedrine or | 20 |
| pseudoephedrine, their salts, or optical isomers, or | 21 |
| salts of optical isomers, in the 2 separate data fields | 22 |
| listed (1) and (2); | 23 |
| (B) The National Drug Code (NDC) number
| 24 |
| corresponding to the product distributed, from which | 25 |
| may be determined the brand and product name and total | 26 |
| quantity distributed of ephedrine or pseudoephedrine, |
|
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LRB095 15487 RLC 48891 a |
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| their salts, or optical isomers, or salts of optical | 2 |
| isomers; or | 3 |
| (C) A company-specific code, akin to the
National | 4 |
| Drug Code, from which may be determined the brand and | 5 |
| product name and total quantity distributed of | 6 |
| ephedrine or pseudoephedrine, their salts, or optical | 7 |
| isomers, or salts of optical isomers, along with | 8 |
| information sufficient to translate any | 9 |
| company-specific codes into the brand and product name | 10 |
| and total quantity distributed of ephedrine or | 11 |
| pseudoephedrine, their salts, or optical isomers, or | 12 |
| salts of optical isomers. | 13 |
| (4) One of the following: | 14 |
| (A) The identification type presented by the
| 15 |
| recipient; or
| 16 |
| (B) A code for the identification type presented
by | 17 |
| the recipient, along with information sufficient to | 18 |
| translate any such code into the actual identification | 19 |
| type presented by the recipient. | 20 |
| (5) The identification number presented by the
| 21 |
| recipient. | 22 |
| (6) One of the following: | 23 |
| (A) The (1) name, (2) street address, and (3)
zip | 24 |
| code of the covered pharmacy, in 3 separate data fields | 25 |
| (1) through (3); | 26 |
| (B) The Drug Enforcement Administration (DEA)
|
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LRB095 15487 RLC 48891 a |
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| number of the individual covered pharmacy, from which | 2 |
| may be determined the name, street address, and zip | 3 |
| code of the covered pharmacy; or | 4 |
| (C) A company-specific code, akin to the Drug
| 5 |
| Enforcement Administration number, from which may be | 6 |
| determined the name, street address, and zip code of | 7 |
| the covered pharmacy, along with information | 8 |
| sufficient to translate any company-specific codes | 9 |
| into the name, street address, and zip code of the | 10 |
| covered pharmacy. | 11 |
| (720 ILCS 648/39.9 new) | 12 |
| Sec. 39.9. Illinois State Police Precursor Tracking | 13 |
| Program; exempt pharmacies. | 14 |
| (a) When a covered pharmacy is exempt. A covered pharmacy | 15 |
| is exempt from the requirement that it transmit electronic | 16 |
| transaction records to the Central Repository through the | 17 |
| secure website described in Section 39.7 or weekly electronic | 18 |
| transfers described in Section 39.8 of this Act if all of the | 19 |
| following conditions are satisfied: | 20 |
| (1) The covered pharmacy: | 21 |
| (A) Submits to the Pilot Program Authority a
| 22 |
| written request for such an exemption; | 23 |
| (B) Has complied with Section 25 of this Act by
| 24 |
| maintaining handwritten rather than electronic logs | 25 |
| during the 60-day period preceding the date the written |
|
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| request is transmitted; | 2 |
| (C) Has not sold more than 20 targeted packages
in | 3 |
| any 7-day period during the 60-day period preceding the | 4 |
| date the written request is transmitted; and | 5 |
| (D) Provides, along with the written request,
| 6 |
| copies of handwritten logs covering the 60-day period | 7 |
| preceding the written request; and | 8 |
| (2) The Pilot Program Authority: | 9 |
| (A) Reviews the written request; | 10 |
| (B) Verifies that the covered pharmacy has
| 11 |
| complied with Section 25 of this Act by maintaining | 12 |
| handwritten rather than electronic logs during the | 13 |
| 60-day period preceding the date the written request is | 14 |
| transmitted; | 15 |
| (C) Verifies that the covered pharmacy has not
sold | 16 |
| more than 20 targeted packages in any 7-day period | 17 |
| during the 60-day period preceding the date the written | 18 |
| request is transmitted; and | 19 |
| (D) Sends the covered pharmacy a letter stating
| 20 |
| that the covered pharmacy is exempt from the | 21 |
| requirement that it transmit electronic transaction | 22 |
| records to the Central Repository. | 23 |
| (b) Obligations of an exempt pharmacy. | 24 |
| (1) A pharmacy that is exempt from the requirement
that | 25 |
| it transmit electronic transaction records to the Central | 26 |
| Repository shall instead transmit copies, and retain the |
|
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| originals, of handwritten logs. | 2 |
| (2) An exempt covered pharmacy shall transmit copies
of | 3 |
| handwritten logs to the Central Repository in person, by | 4 |
| facsimile, through the United States Postal Service, or by | 5 |
| other reasonably reliable and prompt means. | 6 |
| (3) An exempt covered pharmacy shall transmit copies
of | 7 |
| handwritten logs on a weekly basis as described in | 8 |
| subsection (b) of Section 39.8 of this Act. | 9 |
| (720 ILCS 648/39.9-5 new) | 10 |
| Sec. 39.9-5. Illinois State Police Precursor Tracking | 11 |
| Program; confidentiality of records. | 12 |
| (a) The Central Repository shall delete each electronic | 13 |
| transaction record and handwritten log entry 24 months after | 14 |
| the date of the transaction it describes. | 15 |
| (b) The Illinois State Police and Central Repository shall | 16 |
| carry out a program to protect the confidentiality of | 17 |
| electronic transaction records and handwritten log entries | 18 |
| transmitted pursuant to Sections 39.6, 39.7, 39.8, and 39.9 of | 19 |
| this Act. The Pilot Program Authority and Central Repository | 20 |
| shall ensure that this information remains completely | 21 |
| confidential except as specifically provided in subsections | 22 |
| (c) through (i) of this Section. Except as provided in | 23 |
| subsections (c) through (i) of this Section, this information | 24 |
| is strictly prohibited from disclosure. | 25 |
| (c) Any employee or agent of the Central Repository may |
|
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LRB095 15487 RLC 48891 a |
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| have access to electronic transaction records and handwritten | 2 |
| log entries solely for the purpose of receiving, processing, | 3 |
| storing or analyzing this information. | 4 |
| (d) Any employee or agent of the Illinois State Police may | 5 |
| have access to electronic transaction records or handwritten | 6 |
| log entries solely for the purpose of identifying, | 7 |
| investigating, or prosecuting violations of this Act or any | 8 |
| other State or federal law or rule involving a methamphetamine | 9 |
| precursor, methamphetamine, or any other controlled substance. | 10 |
| (e) The Illinois State Police may release electronic | 11 |
| transaction records or handwritten log entries to the | 12 |
| authorized representative of a qualified outside entity only if | 13 |
| all of the following conditions are satisfied: | 14 |
| (1) The Illinois State Police verifies that the
entity | 15 |
| receiving electronic transaction records or handwritten | 16 |
| log entries is a qualified outside entity as defined in | 17 |
| this Act. | 18 |
| (2) The Illinois State Police verifies that the
person | 19 |
| receiving electronic transaction records or handwritten | 20 |
| log entries is an authorized representative, as defined in | 21 |
| this Act, of the qualified outside entity. | 22 |
| (3) The qualified outside entity agrees in writing,
or | 23 |
| has previously agreed in writing, that it will use | 24 |
| electronic transaction records and handwritten log entries | 25 |
| solely for the purpose of identifying, investigating, or | 26 |
| prosecuting violations of this Act or any other State or |
|
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LRB095 15487 RLC 48891 a |
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| federal law or rule involving a methamphetamine precursor, | 2 |
| methamphetamine, or any other controlled substance. | 3 |
| (4) The qualified outside entity does not have a
| 4 |
| history known to the Illinois State Police of violating | 5 |
| this agreement or similar agreements or of breaching the | 6 |
| confidentiality of sensitive information. | 7 |
| (f) The Illinois State Police may release to a particular | 8 |
| covered pharmacy or voluntary participant any electronic | 9 |
| transaction records or handwritten log entries previously | 10 |
| submitted by that particular covered pharmacy or voluntary | 11 |
| participant. | 12 |
| (g) The Illinois State Police may release to a particular | 13 |
| recipient any electronic transaction records clearly relating | 14 |
| to that recipient, upon sufficient proof of identity. | 15 |
| (h) The Illinois State Police may distribute | 16 |
| Methamphetamine Precursor Violation Alerts only if all of the | 17 |
| following conditions are satisfied: | 18 |
| (1) The Illinois State Police has reason to
believe | 19 |
| that one or more recipients have violated or are violating | 20 |
| this Act or any other State or federal law or rule | 21 |
| involving a methamphetamine precursor, methamphetamine, or | 22 |
| any other controlled substance. | 23 |
| (2) Based on this information, the Illinois State | 24 |
| Police distributes a Methamphetamine Precursor Violation | 25 |
| Alert that may contain any of the following confidential | 26 |
| information: |
|
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| (A) With respect to any recipient whom it is
| 2 |
| believed has violated, has attempted to violate, or is | 3 |
| violating this Act or any other State or federal law or | 4 |
| rule involving a methamphetamine precursor, | 5 |
| methamphetamine, or any other controlled substance:
| 6 |
| (i) Any name he or she has used to purchase
or attempt | 7 |
| to purchase methamphetamine precursor;
(ii) Any | 8 |
| address he or she has listed when
purchasing or | 9 |
| attempting to purchase any targeted methamphetamine | 10 |
| precursor; and
(iii) Any identification information he | 11 |
| or
she has used to purchase or attempt to purchase | 12 |
| methamphetamine precursor. | 13 |
| (B) With respect to any transaction in which the
| 14 |
| recipient is believed to have purchased | 15 |
| methamphetamine precursor:
(i) The date and time of the | 16 |
| transaction or
attempt;
(ii) The city or town and state | 17 |
| in which the
transaction or attempt occurred; and
(iii) | 18 |
| The total quantity received of
ephedrine or | 19 |
| pseudoephedrine, their salts, or optical isomers, or | 20 |
| salts of optical isomers. | 21 |
| (3) Methamphetamine Precursor Violation Alerts shall
| 22 |
| not include, with respect of any transaction in which the | 23 |
| recipient is believed to have purchased or attempted to | 24 |
| purchase methamphetamine precursor: | 25 |
| (A) The name or street address of the pharmacy
| 26 |
| where the transaction or attempt took place, other than |
|
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| the city or town and state where the pharmacy is | 2 |
| located; or | 3 |
| (B) The brand and product name of the item
| 4 |
| received. | 5 |
| (4) Methamphetamine Precursor Violation Alerts may
be | 6 |
| distributed to pharmacies, retail distributors, and law | 7 |
| enforcement agencies. When such alerts are distributed to | 8 |
| law enforcement agencies, it shall not be necessary to | 9 |
| follow the procedures described in subsection (d) of this | 10 |
| Section. | 11 |
| (5) When distributing Methamphetamine Precursor
| 12 |
| Violation Alerts, the Pilot Program Authority shall | 13 |
| instruct those receiving the alerts that they are intended | 14 |
| only for pharmacies, retail distributors, and law | 15 |
| enforcement authorities, and that such alerts should | 16 |
| otherwise be kept confidential. | 17 |
| (i) The Illinois State Police may release general | 18 |
| statistical information to any person or entity provided that | 19 |
| the statistics do not include any information that identifies | 20 |
| any individual recipient or pharmacy by name, address, | 21 |
| identification number, Drug Enforcement Administration number, | 22 |
| or other means.
| 23 |
| (720 ILCS 648/40)
| 24 |
| (Text of Section after amendment by P.A. 95-640 ) | 25 |
| Sec. 40. Penalties. |
|
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| (a) Violations of subsection (b) of Section 20 of this Act. | 2 |
| (1) Any person who knowingly purchases, receives, or | 3 |
| otherwise acquires, within any 30-day period, products | 4 |
| containing more than a total of 7,500 milligrams of | 5 |
| ephedrine or pseudoephedrine, their salts or optical | 6 |
| isomers, or salts of optical isomers in violation of | 7 |
| subsection (b) of Section 20 of this Act is subject to the | 8 |
| following penalties: | 9 |
| (A) More than 7,500 milligrams but less than 15,000 | 10 |
| milligrams, Class B misdemeanor; | 11 |
| (B) 15,000 or more but less than 22,500 milligrams, | 12 |
| Class A misdemeanor; | 13 |
| (C) 22,500 or more but less than 30,000 milligrams, | 14 |
| Class 4 felony; | 15 |
| (D) 30,000 or more but less than 37,500 milligrams, | 16 |
| Class 3 felony; | 17 |
| (E) 37,500 or more but less than 45,000 milligrams, | 18 |
| Class 2 felony: | 19 |
| (F) 45,000 or more milligrams, Class 1 felony. | 20 |
| (2) Any person who knowingly purchases, receives, or | 21 |
| otherwise acquires, within any 30-day period, products | 22 |
| containing more than a total of 7,500 milligrams of | 23 |
| ephedrine or pseudoephedrine, their salts or optical | 24 |
| isomers, or salts of optical isomers in violation of | 25 |
| subsection (b) of Section 20 of this Act, and who has | 26 |
| previously been convicted of any methamphetamine-related |
|
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| offense under any State or federal law, is subject to the | 2 |
| following penalties: | 3 |
| (A) More than 7,500 milligrams but less than 15,000 | 4 |
| milligrams, Class A misdemeanor; | 5 |
| (B) 15,000 or more but less than 22,500 milligrams, | 6 |
| Class 4 felony; | 7 |
| (C) 22,500 or more but less than 30,000 milligrams, | 8 |
| Class 3 felony; | 9 |
| (D) 30,000 or more but less than 37,500 milligrams, | 10 |
| Class 2 felony; | 11 |
| (E) 37,500 or more milligrams, Class 1 felony. | 12 |
| (3) Any person who knowingly purchases, receives, or | 13 |
| otherwise acquires, within any 30-day period, products | 14 |
| containing more than a total of 7,500 milligrams of | 15 |
| ephedrine or pseudoephedrine, their salts or optical | 16 |
| isomers, or salts of optical isomers in violation of | 17 |
| subsection (b) of Section 20 of this Act, and who has | 18 |
| previously been convicted 2 or more times of any | 19 |
| methamphetamine-related offense under State or federal | 20 |
| law, is subject to the following penalties: | 21 |
| (A) More than 7,500 milligrams but less than 15,000 | 22 |
| milligrams, Class 4 felony; | 23 |
| (B) 15,000 or more but less than 22,500 milligrams, | 24 |
| Class 3 felony; | 25 |
| (C) 22,500 or more but less than 30,000 milligrams, | 26 |
| Class 2 felony; |
|
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| (D) 30,000 or more milligrams, Class 1 felony. | 2 |
| (b) Violations of Section 15, 20, 25, 30, or 35 of this | 3 |
| Act, other than violations of subsection (b) of Section 20 of | 4 |
| this Act. | 5 |
| (1) Any pharmacy or retail distributor that violates | 6 |
| Section 15, 20, 25, 30, or 35 of this Act, other than | 7 |
| subsection (b) of Section 20 of this Act, is guilty of a | 8 |
| petty offense and subject to a fine of $500 for a first | 9 |
| offense; and $1,000 for a second offense occurring at the | 10 |
| same retail location as and within 3 years of the prior | 11 |
| offense. A pharmacy or retail distributor that violates | 12 |
| this Act is guilty of a business offense and subject to a | 13 |
| fine of $5,000 for a third or subsequent offense occurring | 14 |
| at the same retail location as and within 3 years of the | 15 |
| prior offenses. | 16 |
| (2) An employee or agent of a pharmacy or retail | 17 |
| distributor who violates Section 15, 20, 25, 30, or 35 of | 18 |
| this Act, other than subsection (b) of Section 20 of this | 19 |
| Act, is guilty of a Class A misdemeanor for a first | 20 |
| offense, a Class 4 felony for a second offense, and a Class | 21 |
| 1 felony for a third or subsequent offense. | 22 |
| (3) Any other person who violates Section 15, 20, 25, | 23 |
| 30, or 35 of this Act, other than subsection (b) of Section | 24 |
| 20 of this Act, is guilty of a Class B misdemeanor for a | 25 |
| first offense, a Class A misdemeanor for a second offense, | 26 |
| and a Class 4 felony for a third or subsequent offense. |
|
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| (c) Any pharmacy or retail distributor that violates | 2 |
| Section 36, 37, 38, 39, or 39.5 , 39.6, 39.7, 39.8, 39.9, or | 3 |
| 39.9-5 of this Act is guilty of a petty offense and subject to | 4 |
| a fine of $100 for a first offense, $250 for a second offense, | 5 |
| or $500 for a third or subsequent offense. | 6 |
| (d) Any person that violates Section 39.5 or 39.9-5 of this | 7 |
| Act is guilty of a Class B misdemeanor for a first offense, a | 8 |
| Class A misdemeanor for a second offense, and a Class 4 felony | 9 |
| for a third offense. | 10 |
| (e)
(d) Any person who, in order to acquire a targeted | 11 |
| methamphetamine precursor, knowingly uses or provides the | 12 |
| driver's license or government-issued identification of | 13 |
| another person, or who knowingly uses or provides a fictitious | 14 |
| or unlawfully altered driver's license or government-issued | 15 |
| identification, or who otherwise knowingly provides false | 16 |
| information, is guilty of a Class 4 felony for a first offense, | 17 |
| a Class 3 felony for a second offense, and a Class 2 felony for | 18 |
| a third or subsequent offense. | 19 |
| For purposes of this subsection (e)
(d) , the terms | 20 |
| "fictitious driver's license", "unlawfully altered driver's | 21 |
| license", and "false information" have the meanings ascribed to | 22 |
| them in Section 6-301.1 of the Illinois Vehicle Code.
| 23 |
| (Source: P.A. 94-694, eff. 1-15-06; 95-252, eff. 1-1-08; | 24 |
| 95-640, eff. 6-1-08; revised 12-12-07.) | 25 |
| (720 ILCS 648/45) |
|
|
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| 1 |
| (Text of Section after amendment by P.A. 95-640 ) | 2 |
| Sec. 45. Immunity from civil liability. In the event that | 3 |
| any agent or employee of a pharmacy or retail distributor | 4 |
| reports to any law enforcement officer or agency any suspicious | 5 |
| activity concerning a targeted methamphetamine precursor or | 6 |
| other methamphetamine ingredient or ingredients, or | 7 |
| participates in the Williamson County Pilot Program as provided | 8 |
| in Sections 36, 37, 38, 39, and 39.5 of this Act or the | 9 |
| Illinois State Police Precursor Tracking Program as provided in | 10 |
| Sections 39.6, 39.7, 39.8, 39.9, or 39.9-5 of this Act , the | 11 |
| agent or employee and the pharmacy or retail distributor itself | 12 |
| are immune from civil liability based on allegations of | 13 |
| defamation, libel, slander, false arrest, or malicious | 14 |
| prosecution, or similar allegations, except in cases of willful | 15 |
| or wanton misconduct.
| 16 |
| (Source: P.A. 94-694, eff. 1-15-06; 95-640, eff. 6-1-08.) | 17 |
| (720 ILCS 648/55) | 18 |
| (Text of Section after amendment by P.A. 95-640 ) | 19 |
| Sec. 55. Preemption and home rule powers. | 20 |
| (a) Except as provided in subsection (b) of this Section | 21 |
| and in Sections 36, 37, 38, 39, and 39.5 , 39.6, 39.7, 39.8, | 22 |
| 39.9, and 39.9-5 of this Act, a county or municipality, | 23 |
| including a home rule unit, may regulate the sale of targeted | 24 |
| methamphetamine precursor and targeted packages in a manner | 25 |
| that is not more or less restrictive than the regulation by the |
|
|
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| State under this Act. This Section is a limitation under | 2 |
| subsection (i) of Section 6 of Article VII of the Illinois | 3 |
| Constitution on the concurrent exercise by home rule units of | 4 |
| the powers and functions exercised by the State. | 5 |
| (b) Any regulation of the sale of targeted methamphetamine | 6 |
| precursor and targeted packages by a home rule unit that took | 7 |
| effect on or before May 1, 2004, is exempt from the provisions | 8 |
| of subsection (a) of this Section.
| 9 |
| (Source: P.A. 94-694, eff. 1-15-06; 95-640, eff. 6-1-08.)
| 10 |
| Section 99. Effective date. This Act takes effect 90 days | 11 |
| after becoming law.".
|
|