SB 444-4_ Filed 03/15/2005, 10:59 Torr


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[
HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 444 be amended to read as follows:

    Page 9, delete lines 32 through 42.
    Page 10, delete lines 1 through 24.
    Page 13, between lines 27 and 28, begin a new paragraph and insert:    

"SECTION 14. IC 35-48-4-14.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14.7. (a) This section does not
apply to:
(1) the sale of a drug containing ephedrine or
pseudoephedrine to a licensed health care provider,
pharmacist, retail distributor, wholesaler, or manufacturer or an agent of any of these persons if the sale occurs in the
regular course of lawful business activities; or
(2) the sale of a drug containing ephedrine or
pseudoephedrine by a person who does not sell exclusively to walk-in customers for the personal use of the walk-in
customers.
(b) As used in this section, "constant video monitoring" means the surveillance by an automated camera that:
(1) records at least one (1) photograph or digital image every
ten (10) seconds;
(2) retains a photograph or digital image for at least
seventy-two (72) hours;
(3) has sufficient resolution and magnification to permit the
identification of a person in the area under surveillance; and
(4) stores a recorded photograph or digital image at a location

that is immediately accessible to a law enforcement officer.
(c) As used in this section, "ephedrine" means pure or adulterated ephedrine.
(d) As used in this section, "pseudoephedrine" means pure or
adulterated pseudoephedrine.
(e) A person may sell a drug that contains the active ingredient of ephedrine, pseudoephedrine, or both, only if the person complies with the following conditions:
(1) The drug is sold in a container or package that contains
not more than three (3) grams of ephedrine or
pseudoephedrine.
(2) Not more than two (2) packages are sold in one (1)
transaction.
(3) If the sales transaction occurs at a self-service checkout
station, the self-service checkout station prevents the person
from purchasing more than:
(A) one (1) package of the drug without the assistance of an employee; and
(B) two (2) packages of the drug.
(4) The person restricts access to the drug in one (1) or more of the following ways:
(A) The person stores the drug in an area not accessible to
a customer.
(B) The person displays the drug in a locked case.
(C) The person requires a customer to produce a state or
federal identification card when purchasing the drug, and
the person records the customer's identification in a log
that:
(i) may be inspected by a law enforcement official in
accordance with state and federal law; and
(ii) must be maintained for at least two (2) years.
(D) The drug is sold in single or double dosage packaging.
(E) The person adopts at least two (2) of the following
restrictions:
(i) The drug is stored not more than thirty (30) feet away from a checkout station or counter and is in the direct line of sight of an employee at the checkout station or counter.
(ii) The drug is protected by a reliable anti-theft device
that uses package tags and detection alarms designed to
prevent theft.
(iii) The drug is stored in restricted access shelving that
permits a customer to remove not more than one (1)
package every fifteen (15) seconds.
(iv) The drug is stored in an area that is under constant
video monitoring, and a sign placed near the drug

warns that the area is under constant video monitoring.
(f) A person who violates this section commits a Class B
infraction. However, the offense is a Class A misdemeanor if the person:
(1) has a prior unrelated judgment or conviction under this
section; and
(2) knowingly or intentionally violates this section.
(g) A unit (as defined in IC 36-1-2-23) may not adopt an
ordinance after June 30, 2005, that is more stringent than this
section.
    SECTION 15. [EFFECTIVE JULY 1, 2005] IC 35-48-4-14.7, as added by this act, applies only to an offense committed after June 30, 2005. ".
    Page 13, delete lines 28 through 42.
    Page 14, delete lines 1 through 23.
    Renumber all SECTIONS consecutively.
    (Reference is to Engrossed Senate Bill 444 as printed March 11, 2005.)




________________________________________

Representative TORR


RH 044406/DI jc
2005