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Synopsis As Introduced Amends the Drug Paraphernalia Control Act and the Hypodermic Syringes and Needles Act. Authorizes a person who is at least 18 years of age to purchase up to 20 sterile hypodermic syringes or needles at a pharmacy without a prescription. Authorizes a pharmacist to sell up to 20 sterile hypodermic syringes or needles to a person who is at least 18 years of age. Provides that the Illinois Department of Public Health must develop educational materials regarding safer injection, HIV prevention, syringe disposal, and drug treatment and make copies of those materials available to pharmacists. Provides that pharmacists must make those educational materials available to persons who purchase syringes. Repeals the Section in the Hypodermic Syringes and Needles Act requiring a person who sells a syringe, needle, or instrument to keep a record of the sale. Effective immediately.
Fiscal Note (Department of Public Health)
The Department estimates the cost of developing, printing, and distributing education materials to pharmacists to provide to persons purchasing sterile syringes during the first year the bill is in effect to be $93,800. Annual costs thereafter are estimated at $83,800.
Fiscal Note (Department of Public Health)
The Department estimates the cost of developing, printing, and distributing education materials to pharmacists and developing guidelines to advise local health departments on disposal of used syringes and needles during the first year after the law is enacted at $61,634. Annual costs thereafter are estimated at $18,200. A public service administrator, together with a workgroup of representatives from interested organizations, would develop guidelines to advise local health departments on implementing syringe and needle disposal policies during the first 6 months after enactment. Costs for the public service administrator and contractual costs for pamphlet development would only be incurred during the first year of implementation.
Judicial Note (Administrative Office of the Illinois Courts)
Senate Bill 880 would neither increase nor decrease the number of judges needed in the state.
Fiscal Note (Administrative Office of the Illinois Courts)
Based on a review of Senate Bill 880, as introduced in the House, it has been determined that the bill would have no fiscal impact on the judicial branch.
Balanced Budget Note (Bureau of the Budget)
Section 10 of the Balanced Budget Note Act requires the preparation of a Balanced Budget Note for supplemental appropriation bills. Since this House Bill is not a supplemental appropriation bill, it is not possible to complete this Note as requested.
State Debt Impact Note (Economic and Fiscal Commission)
Will not affect the level of State indebtedness.
State Mandates Fiscal Note (Dept of Commerce and Community Affairs)
Under the State Mandates Act, a service mandate concerns the creation or expansion of governmental delivery standards, such as for public health. If enacted, the provisions of SB 880 Engrossed would require the 94 local public health departments in Illinois to implement syringe and needle disposal policies based on guidelines formulated by DPH. Therefore, in the opinion of DCCA, SB 880 Engrossed creates a service mandate for which reimbursement of 50%-100% of the increased costs to units of local government is required under the State Mandates Act. An estimate of the increased costs to local governments is not available.
Home Rule Note (Dept of Commerce and Community Affairs)
SB 880 Engrossed does not contain language indicating a pre-emption of home rule powers and functions. Therefore, in the opinion of DCCA, SB 880 Engrossed does not pre-empt home rule authority.
Correctional Note (Department of Corrections)
Senate Bill 880 amends the Drug Paraphernalia Control Act and the Hypodermic Syringes and Needles Act. A number of technical changes and definition clarifications are proposed regarding possession and sales of hypodermic needles. Violations to provisions of this legislation are a Class A misdemeanor for the first such offense and a Class 4 felony for a second or subsequent offense. The technical changes and definition clarifications should reduce the number of potential admissions to the Department for offenses under this legislation. However, during FY02 there were no admissions for possession and sales of hypodermic needles offenses. For each less person sentenced to prison for a Class 4 felony, there would be $12,632 in operational cost savings for the Department.
Fiscal Note (Department of Corrections)
Senate Bill 880 amends the Drug Paraphernalia Control Act and the Hypodermic Syringes and Needles Act. A number of technical changes and definition clarifications are proposed regarding possession and sales of hypodermic needles. Violations to provisions of this legislation are a Class A misdemeanor for the first such offense and a Class 4 felony for a second or subsequent offense. The technical changes and definition clarifications should reduce the number of potential admissions to the Department for offenses under this legislation. However, during FY02 there were no admissions for possession and sales of hypodermic needles offenses. For each less person sentenced to prison for a Class 4 felony, there would be $12,632 in operational cost savings for the Department.
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