Public Act 097-0670
 
SB0073 EnrolledLRB097 02906 RLC 42930 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 1. Short title. This Act may be cited as the 
Methamphetamine Precursor Tracking Act.
 
    Section 5. Purposes.
 The purposes of this Act are to 
establish a program to track purchases of targeted 
methamphetamine precursors at covered pharmacies in Illinois; 
to track purchases of targeted methamphetamine precursors for 
the likely purpose of manufacturing methamphetamine; to starve 
methamphetamine manufacturers of the methamphetamine 
precursors they need to make methamphetamine; to locate and 
shut down methamphetamine laboratories; and ultimately to 
reduce the harm that methamphetamine manufacturing and 
manufacturers are inflicting on individuals, families, 
communities, first responders, the economy, and the 
environment in Illinois and beyond.

 
    Section 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.
    "Authorized representative" means an employee or agent of a 
qualified outside entity who has been authorized in writing by 
his or her agency or office to receive confidential information 
from the central repository.
    "Central Repository" means the entity chosen by the 
Illinois State Police to handle electronic transaction records 
as described in this 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.
    "Covered pharmacy" means any pharmacy that distributes any 
amount of targeted methamphetamine precursor that is 
physically located in Illinois.
    
    "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.
    
    "Electronic transaction record" means, with respect to the 
distribution of a targeted methamphetamine precursor by a 
pharmacy to a recipient under Section 25 of  the Methamphetamine 
Precursor Control Act, an electronic record that includes: the 
name and address of the recipient; date and time of the 
transaction; brand and product name and total quantity 
distributed of ephedrine or pseudoephedrine, their salts, or 
optical isomers, or salts of optical isomers; identification 
type and identification number of the identification presented 
by the recipient; and the name and address of the pharmacy.
    
    "Identification information" means identification type and 
identification number.
    
    "Identification number" means the number that appears on 
the identification furnished by the recipient of a targeted 
methamphetamine precursor.
    
    "Identification type" means the type of identification 
furnished by the recipient of a targeted methamphetamine 
precursor such as, by way of example only, an Illinois driver's 
license or United States passport.
    
    "List I chemical" has the meaning provided in 21 U.S.C. 
802.
    
    "Methamphetamine precursor" has the meaning provided in 
Section 10 of the Methamphetamine Control and Community 
Protection 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.
    
    "Qualified outside entity" means a law enforcement agency 
or prosecutor's office with authority to identify, 
investigate, or prosecute violations of this Act or any other 
State or federal law or rule involving a methamphetamine 
precursor, methamphetamine, or any other controlled substance.
    
    "Readily retrievable" has the meaning provided in 21 C.F.R. 
part 1300.
    
    "Recipient" means a person purchasing, receiving, or 
otherwise acquiring a targeted methamphetamine precursor from 
a pharmacy in Illinois, as described in Section 25 of the  
Methamphetamine Precursor Control Act. 
    "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 at any time (1) operates 
a cash register at which convenience packages may be sold, (2) 
stocks shelves containing convenience packages, or (3) 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 recipient 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.


 
    Section 15. General provisions.



    (a) Structure.

There is established a statewide precursor 
tracking program coordinated and administered by the Illinois 
State Police to track purchases of targeted methamphetamine 
precursors across multiple locations for the purposes stated in 
Section 5 of this Act.
Every covered pharmacy must comply with 
this Act.
The tracking program created by this Act shall be the 
sole methamphetamine precursor tracking program in Illinois.


    (b) Transmission of electronic transaction records.
Unless 
otherwise provided in this Act, each time a covered pharmacy 
distributes a targeted methamphetamine precursor to a 
recipient, the pharmacy shall transmit an electronic 
transaction record to the Central Repository.

    (c) Notification.  The Illinois Department of Financial and 
Professional Regulation shall notify pharmacies seeking 
licensure in Illinois of their obligation to comply with the 
requirements of this Act.


    (d) Electronic transmission.  Starting on the effective 
date of this Act and continuing thereafter, covered pharmacies 
shall transmit all electronic transaction records as required 
by this Act.


    (e) Funding.  Funding for the tracking program shall be 
provided by the Illinois State Police drawing upon federal and 
State grant money and other available sources.


 
    Section 20. Secure website. 

    
    (a) The Illinois State Police shall establish a secure 
website for the transmission of electronic transaction records 
and make it available free of charge to covered pharmacies.


    (b) The secure website shall enable covered pharmacies to 
transmit to the Central Repository an electronic transaction 
record each time the pharmacy distributes a targeted 
methamphetamine precursor to a recipient.


    (c) If the secure website becomes unavailable to a covered 
pharmacy, the covered pharmacy may, during the period in which 
the secure website is not available, continue to distribute 
targeted methamphetamine precursor without using the secure 
website if, during this period, the covered pharmacy maintains 
and transmits handwritten logs as described in Sections 20 and 
25 of the Methamphetamine Precursor Control Act.


 
    Section 25. Confidentiality of records. 


    (a) The Central Repository may delete each electronic 
transaction record and handwritten log entry 48 months after 
the date of the transaction it describes.


    (b) The Illinois State Police and Central Repository shall 
carry out a program to protect the confidentiality of 
electronic transaction records created pursuant to this Act and 
shall ensure that this information remains completely 
confidential except as specifically provided in subsections 
(c) through (f) of this Section.


    (c) Any employee or agent of the Central Repository may 
have access to electronic transaction records and handwritten 
log entries solely for the purpose of receiving, processing, 
storing or analyzing this information.


    (d) The Illinois State Police may grant qualified outside 
agencies access to electronic transaction records or 
handwritten log entries for the purpose of identifying, 
investigating, or prosecuting violations of this Act or any 
other State or federal law or rule involving a methamphetamine 
precursor, methamphetamine, or any other controlled substance.


    (e) The Illinois State Police may release electronic 
transaction records or handwritten log entries to the 
authorized representative of a qualified outside entity only if 
the Illinois State Police verifies that the entity receiving 
electronic transaction records or handwritten log entries is a 
qualified outside entity as defined in this Act and that 
outside entity agrees or has previously agreed in writing that 
it will use electronic transaction records and handwritten log 
entries solely for the purpose of identifying, investigating, 
or prosecuting violations of this Act or any other State or 
federal law or rule involving a methamphetamine precursor, 
methamphetamine, or any other controlled substance.


    (f) The Illinois State Police may release to the recipient 
any electronic transaction records clearly relating to that 
recipient, upon sufficient proof of identity.


 
    Section 30. Violations.

 
    (a) Any covered pharmacy or retail distributor that 
violates this Act is guilty of a petty offense and subject to a 
fine of $500 for a first offense; $1,000 for a second offense 
occurring at the same retail location as and within 3 years of 
the offense; and $5,000 for a third or subsequent offense 
occurring at the same retail location as and within 3 years of 
the prior offenses.
    (b) An employee or agent of a covered pharmacy who violates 
this Act is guilty of a Class A misdemeanor for a first 
offense; a Class 4 felony for a second offense; and a Class 1 
felony for a third or subsequent offense.




 
    Section 35. Immunity from civil liability.    In the event 
that any agent or employee of a covered pharmacy or retail 
distributor reports to any law enforcement officer or agency 
any suspicious activity concerning a targeted methamphetamine 
precursor or other methamphetamine ingredient or ingredients, 
the agent or employee and the pharmacy or retail distributor 
itself are immune from civil liability based on allegations of 
defamation, libel, slander, false arrest, or malicious 
prosecution, or similar allegations, except in cases of willful 
or wanton misconduct. A covered pharmacy that uses the 
electronic sales tracking system in accordance with this Act is 
immune from civil liability for any act or omission committed 
in carrying out the duties required by this Section, unless the 
act or omission was due to deliberate or willful and wanton 
misconduct. A covered pharmacy is not liable for damages 
resulting from a data breach that was proximately caused by a 
failure on the part of the electronic sales tracking system.
 
    Section 40. Preemption. The regulation of the tracking of 
methamphetamine precursors is an exclusive power and function 
of the State. A county or municipality, including a home rule 
unit, may not regulate the tracking of methamphetamine 
precursors. This Section is a denial and limitation of home 
rule powers under subsection (h) of Section 6 of Article VII of 
the Illinois Constitution.

 
    Section 105. The Methamphetamine Precursor Control Act is 
amended by changing Sections  10, 25, 40, and 55 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.
    "Authorized representative" means an employee or agent of a 
qualified outside entity who has been authorized in writing by 
his or her agency or office to receive confidential information 
from the Central Repository database associated with the 
Williamson County Pilot Program or the Illinois State Police 
Precursor Tracking Program.
    "Central Repository" means the entity chosen by the 
Illinois State Police Williamson County Pilot Program 
Authority to handle electronic transaction records as 
described in Sections 36, 37, 38, 39, and 39.5 of this Act or 
the entity chosen by the Illinois State Police Precursor 
Tracking Program to handle electronic transaction records as 
described in Sections 39.6, 39.7, 39.8, and 39.8-5.
    "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.
    "Covered pharmacy" means any pharmacy that distributes any 
amount of targeted methamphetamine precursor that is 
physically located in Illinois. 
    "Covered pharmacy under the Franklin, Jackson, Johnson, 
Saline, Union, or Williamson County Program" or "covered 
pharmacy" means any pharmacy that distributes any amount of 
targeted methamphetamine precursor and that is physically 
located in any of the following Illinois counties:  Franklin, 
Jackson, Johnson, Saline, Union, or Williamson.
    "Covered pharmacy under the  Illinois State Police 
Precursor Tracking Program" or "covered pharmacy" means any 
pharmacy that distributes any amount of targeted 
methamphetamine precursor and that is physically located in any 
of the following Illinois counties: Adams, Madison, St. Clair, 
or Vermilion. 
    "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. 
    "Electronic transaction record" means, with respect to the 
distribution of a targeted methamphetamine precursor by a 
pharmacy to a recipient under Section 25 of this Act, an 
electronic record that includes: the name and address of  the 
recipient; date and time of the transaction; brand and product 
name and total quantity distributed of ephedrine or 
pseudoephedrine, their salts, or optical isomers, or salts of 
optical isomers; identification type and identification number 
of the identification presented by the recipient; and the name 
and address of the pharmacy.
    "Identification information" means identification type and 
identification number.
    "Identification number" means the number that appears on 
the identification furnished by the recipient of a targeted 
methamphetamine precursor.
    "Identification type" means the type of identification 
furnished by the recipient of a targeted methamphetamine 
precursor such as, by way of example only, an Illinois driver's 
license or United States passport.
    "Illinois State Police Precursor Tracking Program" or 
"Pilot Program Authority" means the program described in 
Sections 39.6, 39.7, 39.8, and 39.8-5 of this 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 Violation Alert" means a notice 
sent by the Pilot Program Authority to pharmacies, retail 
distributors, or law enforcement authorities as described in 
subsection (h) of Section 39.5 of this Act.
    "Non-covered pharmacy" means any pharmacy that is not a 
covered pharmacy.
    "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.
    "Qualified outside entity" means a law enforcement agency 
or prosecutor's office with authority to identify, 
investigate, or prosecute violations of this Act or any other 
State or federal law or rule involving a methamphetamine 
precursor, methamphetamine, or any other controlled substance, 
or a public entity that operates a methamphetamine precursor 
tracking program similar in purpose to the Williamson County 
Pilot Program or the Illinois State Police Precursor Tracking 
Program.
    "Readily retrievable" has the meaning provided in 21 C.F.R. 
part 1300.
    "Recipient" means a person purchasing, receiving, or 
otherwise acquiring a targeted methamphetamine precursor from 
a pharmacy in Illinois, as described in Section 25 of this Act.
    "Reporting start date" means the date on which covered 
pharmacies begin transmitting electronic transaction records 
and exempt pharmacies begin sending handwritten logs, as 
described in subsection (b) of Section 39 of this Act.
    "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 at any time (a) operates 
a cash register at which convenience

packages may be sold, (b) 
stocks shelves containing convenience 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 recipient 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.

    "Williamson County Pilot Program" or "Pilot Program" means 
the program described in Sections 36, 37, 38, 39, and 39.5 of 
this Act.
    "Williamson County Pilot Program Authority" or "Pilot 
Program Authority" means the Williamson County Sheriff's 
Office or its employees or agents.
    "Voluntary participant" means any pharmacy that, although 
not required by law to do so, participates in the Williamson 
County Pilot Program.
(Source: P.A. 95-640, eff. 6-1-08; 96-50, eff. 10-21-09.)
 
    (720 ILCS 648/25)
    Sec. 25. Pharmacies. 
    (a) No targeted methamphetamine precursor may be knowingly 
distributed through a pharmacy, including a pharmacy located 
within, owned by, operated by, or associated with a retail 
distributor unless all terms of this Section are satisfied.
    (b) Any targeted methamphetamine precursor other than a 
convenience package or a liquid, including but not limited to 
any targeted methamphetamine precursor in liquid-filled 
capsules, shall: be packaged in blister packs, with each 
blister containing not more than 2 dosage units, or when the 
use of blister packs is technically infeasible, in unit dose 
packets. Each targeted package shall contain no more than 3,000 
milligrams of ephedrine or pseudoephedrine, their salts or 
optical isomers, or salts of optical isomers.

    (c) The targeted methamphetamine precursor shall be stored 
behind the pharmacy counter and distributed by a pharmacist or 
pharmacy technician licensed under the Pharmacy Practice Act, 
or by an agent of the pharmacist or pharmacy technician.
    (d) Any retail distributor operating a pharmacy, and any 
pharmacist or pharmacy technician involved in the transaction 
or transactions, shall ensure that any person purchasing, 
receiving, or otherwise acquiring the targeted methamphetamine 
precursor complies with subsection (a) of Section 20 of this 
Act.

    (e) Any retail distributor operating a pharmacy, and any 
pharmacist or pharmacy technician involved in the transaction 
or transactions, shall verify that:
        (1) The person purchasing, receiving, or otherwise 
    acquiring the targeted methamphetamine precursor is 18 
    years of age or older and resembles the photograph of the 
    person on the government-issued identification presented 
    by the person; and

        (2) The name entered into the log referred to in 
    subsection (a) of Section 20 of this Act corresponds to the 
    name on the government-issued identification presented by 
    the person.

    (f) The logs referred to in subsection (a) of Section 20 of 
this Act shall be kept confidential, maintained for not less 
than 4 2 years, and made available for inspection and copying 
by any law enforcement  officer upon request of that officer.

These logs shall may be kept in an electronic format as 
required by the Methamphetamine Precursor Tracking Act if they 
include all the information specified in subsection (a) of 
Section 20 of this Act in a manner  that is readily retrievable 
and reproducible in hard-copy format. Pharmacies covered by the 
Williamson County Pilot Program described in Sections 36, 37, 
38, 39, and 39.5 of this Act and pharmacies covered by the 
Illinois State Police Precursor Tracking Program described in 
Sections 39.6, 39.7, 39.8, and 39.8-5 of this Act are required 
to transmit electronic transaction records to the Pilot Program 
Authority in the manner described in those Sections.
    (g) No retail distributor operating a pharmacy, and no 
pharmacist or pharmacy technician, shall knowingly distribute 
any targeted methamphetamine precursor to any person under 18 
years of age.
    (h) No retail distributor operating a pharmacy, and no 
pharmacist or pharmacy technician, shall knowingly distribute 
to a single person more than 2 targeted packages in a single 
retail transaction.
    (i) No retail distributor operating a pharmacy, and no 
pharmacist or pharmacy technician, shall knowingly distribute 
to a single person in any 30-day period products containing 
more than a total of  7,500 milligrams of ephedrine or 
pseudoephedrine, their salts or optical isomers, or salts of 
optical isomers.


    (j) A pharmacist or pharmacy technician may distribute a 
targeted methamphetamine precursor to a person who is without a 
form of identification specified in paragraph (1) of subsection 
(a) of Section 20 of this Act only if all other provisions of 
this Act are followed and either:
        (1)                   the person presents a driver's license issued 
    without a photograph by the State of Illinois pursuant to 
    the Illinois Administrative Code, Title 92, Section 
    1030.90(b)(1) or 1030.90(b)(2); or
        (2)                   the person is known to the pharmacist or pharmacy 
    technician, the person presents some form of 
    identification, and the pharmacist or pharmacy technician 
    reasonably believes that the targeted methamphetamine 
    precursor will be used for a legitimate medical purpose and 
    not to manufacture methamphetamine.

    (k) When a pharmacist or pharmacy technician distributes a 
targeted methamphetamine precursor to a person according to the 
procedures set forth in this Act, and the pharmacist or 
pharmacy technician does not have access to a working cash 
register at the pharmacy counter, the pharmacist or pharmacy 
technician may instruct the person to pay for the targeted 
methamphetamine precursor at a cash register located elsewhere 
in the retail establishment, whether that register is operated 
by a pharmacist, pharmacy technician, or other employee or 
agent of the retail establishment.

(Source: P.A. 95-640, eff. 6-1-08; 95-689, eff. 10-29-07; 
95-876, eff. 8-21-08; 96-50, eff. 10-21-09.)
 


    (720 ILCS 648/40)

    Sec. 40. Penalties. 
    (a)  Violations of subsection (b) of Section 20 of this Act.
        (1)  Any person who knowingly purchases, receives, or 
    otherwise acquires, within any 30-day period, products 
    containing more than a total of 7,500 milligrams of 
    ephedrine or pseudoephedrine, their salts or optical 
    isomers, or salts of optical isomers in violation of 
    subsection (b) of Section 20 of this Act is subject to the 
    following penalties:
            (A) More than 7,500 milligrams but less than 15,000 
        milligrams, Class B misdemeanor;
            (B)  15,000 or more but less than 22,500 milligrams, 
        Class A misdemeanor;
            (C)  22,500 or more but less than 30,000 milligrams, 
        Class 4 felony;
            (D)  30,000 or more but less than 37,500 milligrams, 
        Class 3 felony;
            (E)  37,500 or more but less than 45,000 milligrams, 
        Class 2 felony:
            (F)  45,000 or more  milligrams, Class 1 felony.
        (2)  Any person who knowingly purchases, receives, or 
    otherwise acquires, within any 30-day period, products 
    containing more than a total of 7,500 milligrams of 
    ephedrine or pseudoephedrine, their salts or optical 
    isomers, or salts of optical isomers in violation of 
    subsection (b) of Section 20 of this Act, and who has 
    previously been convicted of any methamphetamine-related 
    offense under any State or federal law, is subject to the 
    following penalties:
            (A)  More than 7,500 milligrams but less than 15,000 
        milligrams, Class A misdemeanor;
            (B)  15,000 or more but less than 22,500 milligrams, 
        Class 4 felony;
            (C)  22,500 or more but less than 30,000 milligrams, 
        Class 3 felony;
            (D)  30,000 or more but less than 37,500 milligrams, 
        Class 2 felony;
            (E)  37,500 or more milligrams, Class 1 felony.
        (3)  Any person who knowingly purchases, receives, or 
    otherwise acquires, within any 30-day period, products 
    containing more than a total of 7,500 milligrams of 
    ephedrine or pseudoephedrine, their salts or optical 
    isomers, or salts of optical isomers in violation of 
    subsection (b) of Section 20 of this Act, and who has 
    previously been convicted 2 or more times of any 
    methamphetamine-related offense under State or federal 
    law, is subject to the following penalties:
            (A)  More than 7,500 milligrams but less than 15,000 
        milligrams, Class 4 felony;
            (B)  15,000 or more but less than 22,500 milligrams, 
        Class 3 felony;
            (C)  22,500 or more but less than 30,000 milligrams, 
        Class 2 felony;
            (D)  30,000 or more milligrams, Class 1 felony.
    (b)  Violations of Section 15, 20, 25, 30, or 35 of this 
Act, other than violations of subsection (b) of Section 20 of 
this Act.
        (1) Any pharmacy or retail distributor that violates 
    Section 15, 20, 25, 30, or 35 of this Act, other than 
    subsection (b) of Section 20 of this Act, is guilty of a 
    petty offense and subject to a fine of $500 for a first 
    offense; and $1,000 for a second offense occurring at the 
    same retail location as and within 3 years of the prior 
    offense. A pharmacy or retail distributor that violates 
    this Act is guilty of a business offense and subject to a 
    fine of $5,000 for a third or subsequent offense occurring 
    at the same retail location as and within 3 years of the 
    prior offenses.
        (2) An employee or agent of a pharmacy or retail 
    distributor who violates Section 15, 20, 25, 30, or 35 of 
    this Act, other than subsection (b) of Section 20 of this 
    Act, is guilty of a Class A misdemeanor for a first 
    offense, a Class 4 felony for a second offense, and a Class 
    1 felony for a third or subsequent offense.
        (3) Any other person who violates Section 15, 20, 25, 
    30, or 35 of this Act, other than subsection (b) of Section 
    20 of this Act, is guilty of a Class B misdemeanor for a 
    first offense, a Class A misdemeanor for a second offense, 
    and a Class 4 felony for a third or subsequent offense.
    (c)  (Blank). Any pharmacy or retail distributor that 
violates Section 36, 37, 38, 39, 39.5,  39.6, 39.7, 39.8, or 
39.8-5 of this Act is guilty of a petty offense and subject to 
a fine of $100 for a first offense, $250 for a second offense, 
or $500 for a third or subsequent offense.
    (d)  (Blank). Any person that violates Section 39.5 or 
39.8-5 of this Act is guilty of a Class B misdemeanor for a 
first offense, a Class A misdemeanor for a second offense, and 
a Class 4 felony for a third offense.
    (e)
 Any person who, in order to acquire a targeted 
methamphetamine precursor, knowingly uses or provides the 
driver's license or government-issued identification of 
another person, or who knowingly uses or provides a fictitious 
or unlawfully altered driver's license or government-issued 
identification, or who otherwise knowingly provides false 
information, is guilty of a Class 4 felony for a first offense, 
a Class 3 felony for a second offense, and a Class 2 felony for 
a third or subsequent offense.
    For purposes of this subsection (e), the terms "fictitious 
driver's license", "unlawfully altered driver's license", and 
"false information" have the meanings ascribed to them in 
Section 6-301.1 of the Illinois Vehicle Code.


(Source: P.A. 95-252, eff. 1-1-08; 95-640, eff. 6-1-08; 95-876, 
eff. 8-21-08; 96-50, eff. 10-21-09.)
 
    (720 ILCS 648/55)
    Sec. 55. Preemption and home rule powers. The regulation of 
the sale of targeted methamphetamine precursors and targeted 
packages are exclusive powers and functions of the State. A 
county or municipality, including a home rule unit, may not 
regulate the sale of targeted methamphetamine precursors and 
targeted packages. This Section is a denial and limitation of 
home rule powers under subsection (h) of Section 6 of Article 
VII of the Illinois Constitution. (a) Except as provided in 
subsection (b) of this Section and in Sections 36, 37, 38, 39, 
39.5, 39.6, 39.7, 39.8, and 39.8-5 of this Act, 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.

(Source: P.A. 95-640, eff. 6-1-08; 96-50, eff. 10-21-09.)
 
    (720 ILCS 648/36 rep.)
    (720 ILCS 648/37 rep.)
    (720 ILCS 648/38 rep.)
    (720 ILCS 648/39 rep.)
    (720 ILCS 648/39.5 rep.)
    (720 ILCS 648/39.6 rep.)
    (720 ILCS 648/39.7 rep.)
    (720 ILCS 648/39.8 rep.)
    (720 ILCS 648/39.8-5 rep.)
    (720 ILCS 648/45 rep.)
    Section 110. The Methamphetamine Precursor Control Act is 
amended by repealing Sections 36, 37, 38, 39, 39.5, 39.6, 39.7, 
39.8, 39.8-5, and 45.
 
 
    Section 999. Effective date. This Act takes effect upon 
becoming law.