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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Explosives Act is amended by | |||||||||||||||||||||
5 | changing Sections 1003 and 1005 as follows:
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6 | (225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003)
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7 | Sec. 1003. Definitions. As used in this Act:
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8 | (a) "Person" means any individual, corporation, company, | |||||||||||||||||||||
9 | association,
partnership, or other legal entity.
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10 | (b) "Explosive materials" means explosives, blasting | |||||||||||||||||||||
11 | agents, and detonators.
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12 | (c) "Explosive" means any chemical compound, mixture, or | |||||||||||||||||||||
13 | device (1) the
primary or common purpose of which is to | |||||||||||||||||||||
14 | function by explosion and (2) that is classified as a Division | |||||||||||||||||||||
15 | 1.1, 1.2, or 1.3 material under 49 CFR 173.50, as now or | |||||||||||||||||||||
16 | hereafter amended, renumbered, or succeeded. The term includes
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17 | high and low explosives. "Explosive" includes pre-packaged | |||||||||||||||||||||
18 | explosive components.
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19 | (d) "Blasting agent" means any material or mixture that (1) | |||||||||||||||||||||
20 | consists of a fuel
and oxidizer intended for blasting, not | |||||||||||||||||||||
21 | otherwise defined as an explosive,
provided that the finished | |||||||||||||||||||||
22 | product, as mixed and packaged for use or
shipment, cannot be | |||||||||||||||||||||
23 | detonated by means of a No. 8 blasting cap, as defined
by the |
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1 | Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. | ||||||
2 | Department of
Treasury, when unconfined and (2) is classified | ||||||
3 | as a Division 1.5 material under 49 CFR 173.50, as now or | ||||||
4 | hereafter amended, renumbered, or succeeded.
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5 | (d-5) "Crime punishable by imprisonment for a term | ||||||
6 | exceeding one year" does not mean (1) any federal or state | ||||||
7 | offenses pertaining to antitrust violations, unfair trade | ||||||
8 | practices, restraint of trade, or similar offenses relating to | ||||||
9 | the regulation of business practices as the Secretary of the | ||||||
10 | Treasury may by regulation designate or (2) any State offense, | ||||||
11 | other than one involving a firearm or explosive, classified by | ||||||
12 | the laws of the State as a misdemeanor or punishable by a term | ||||||
13 | of imprisonment of 2 years or less. | ||||||
14 | (e) "Detonator" means any device that (1) contains any | ||||||
15 | initiating or primary
explosive that is used for initiating | ||||||
16 | detonation and (2) is classified as Division 1.1 or 1.4 | ||||||
17 | material under 49 CFR 173.50, as now or hereafter amended, | ||||||
18 | renumbered, or succeeded. A detonator may not
contain more than | ||||||
19 | 10 grams of total explosives by weight, excluding
ignition or | ||||||
20 | delay charges.
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21 | (f) "Highway" means any public street, public road, or | ||||||
22 | public alley and includes privately financed, constructed, or | ||||||
23 | maintained roads that are regularly and openly traveled by the | ||||||
24 | general public.
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25 | (g) "Railroad" or "railway" means any public steam, | ||||||
26 | electric or other
railroad or rail system which carries |
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1 | passengers for hire, but shall not
include auxiliary tracks, | ||||||
2 | spurs and sidings installed and primarily used in
serving any | ||||||
3 | mine, quarry or plant.
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4 | (h) "Building" means and includes any building regularly | ||||||
5 | occupied, in
whole or in part, as a habitation for human | ||||||
6 | beings, and any church,
schoolhouse, railway station or other | ||||||
7 | building where people are accustomed to
assemble, but does not | ||||||
8 | mean or include any buildings of a mine or quarry
or any of the | ||||||
9 | buildings of a manufacturing plant where the business of
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10 | manufacturing explosive materials is conducted.
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11 | (i) "Factory building" means any building or other | ||||||
12 | structure in which the
manufacture or any part of the | ||||||
13 | manufacture of explosive materials is conducted.
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14 | (j) "Magazine" means any building or other structure or | ||||||
15 | container, other
than a factory building, used to store | ||||||
16 | explosive materials. Where mobile
or portable type 5 magazines | ||||||
17 | are permissible and used, "magazine", for the
purpose of | ||||||
18 | obtaining certificates and calculating fees, means the site on
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19 | which such magazines are located.
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20 | (k) "Magazine keeper" means a qualified supervisory person | ||||||
21 | licensed by the Department under Article 2 of this Act who is | ||||||
22 | responsible for the acquisition, storage, use, possession, | ||||||
23 | transfer, and disposal of explosive materials, including | ||||||
24 | inventory and transaction records, and the
proper maintenance | ||||||
25 | of explosive materials, storage magazines, and
surrounding | ||||||
26 | areas.
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1 | (l) "Black powder" means a deflagrating or low explosive | ||||||
2 | compound of an
intimate mixture of sulfur, charcoal and an | ||||||
3 | alkali nitrate, usually
potassium or sodium nitrate.
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4 | (m) "Municipality" means cities, villages, incorporated | ||||||
5 | towns,
and townships.
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6 | (n) "Fugitive from justice" means any individual who has | ||||||
7 | fled from the
jurisdiction of any court of record to avoid | ||||||
8 | prosecution for any crime or
to avoid giving testimony in any | ||||||
9 | criminal proceeding. This term shall also
include any | ||||||
10 | individual who has been convicted of any crime and has fled to
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11 | avoid imprisonment.
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12 | (o) "Department" means the Department of Natural | ||||||
13 | Resources.
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14 | (p) (Blank).
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15 | (q) "Director" means the Director of Natural Resources.
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16 | (r) "Storage certificate" means the certificate issued by | ||||||
17 | the Department
under Article 3 of this Act that authorizes the | ||||||
18 | holder to store explosive
materials in the magazine for which | ||||||
19 | the certificate is issued.
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20 | (s) "License" means that license issued by the Department | ||||||
21 | under Article
2 of this Act authorizing the holder to possess, | ||||||
22 | use, purchase, transfer or
dispose of, but not to store, | ||||||
23 | explosive materials.
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24 | (t) "Transfer" of explosive materials means to sell, give, | ||||||
25 | distribute, or otherwise dispose of explosive materials. | ||||||
26 | (u) "Use" of explosive materials means the detonation, |
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1 | ignition, deflagration, or any other means of initiating | ||||||
2 | explosive materials. | ||||||
3 | (v) "Disposal" of explosive materials means to render inert | ||||||
4 | pursuant to manufacturer's recommendations or commonly | ||||||
5 | accepted industry standards. | ||||||
6 | (w) "BATFE" means the federal Bureau of Alcohol, Tobacco, | ||||||
7 | Firearms and Explosives. | ||||||
8 | (x) "Pre-packaged explosive components" means a | ||||||
9 | pre-packaged product containing 2 or more unmixed, | ||||||
10 | commercially manufactured chemical substances that are not | ||||||
11 | independently classified as explosives but which when mixed or | ||||||
12 | combined, results in an explosive material subject to | ||||||
13 | regulation by the federal Bureau of Alcohol, Tobacco, Firearms, | ||||||
14 | and Explosives under Title 27 CFR Part 555. | ||||||
15 | (Source: P.A. 96-1194, eff. 1-1-11.)
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16 | (225 ILCS 210/1005) | ||||||
17 | Sec. 1005. Exemptions. | ||||||
18 | (a) This Act does not apply to any aspect of the | ||||||
19 | transporting of explosive materials via railroad, water, | ||||||
20 | highway, or air that is regulated by the United States | ||||||
21 | Department of Transportation and agencies thereof, or state | ||||||
22 | agencies with similar jurisdiction, and which pertains to | ||||||
23 | safety. | ||||||
24 | A person who is licensed under Article 2 of this Act or | ||||||
25 | holds a storage certificate under Article 3 of this Act may |
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1 | transfer explosive materials to a non-resident of Illinois if | ||||||
2 | the transfer is limited to the purpose of transporting the | ||||||
3 | explosive materials. The non-resident may not use or store | ||||||
4 | explosive materials within Illinois unless he or she is | ||||||
5 | licensed under Article 2 of this Act or holds a storage | ||||||
6 | certificate under Article 3 of this Act. | ||||||
7 | (b) This Act does not apply to an agricultural fertilizer | ||||||
8 | if the use of the agricultural fertilizer is for agricultural | ||||||
9 | or horticultural purposes. | ||||||
10 | (c) This Act does not apply to the possession, use, | ||||||
11 | purchase, transfer, storage, or disposal of explosive material | ||||||
12 | by United States military or other agencies of the United | ||||||
13 | States; or to arsenals, navy yards, depots, or other | ||||||
14 | establishments owned or operated by the United States. | ||||||
15 | (d) Government agencies and their employees that are (1) | ||||||
16 | subject to the requirements of this Act and, (2) in the | ||||||
17 | exercise of their official emergency response functions, are | ||||||
18 | required to store, use, or possess explosive materials, shall | ||||||
19 | not be subject to any fee required by this Act.
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20 | (e) It is not a violation of this Act for an individual to | ||||||
21 | use, purchase, possess, dispose, or transfer pre-packaged | ||||||
22 | explosive components if that individual has applied for a | ||||||
23 | license under this Act within 90 days after the effective date | ||||||
24 | of this amendatory Act of the 100th General Assembly, unless | ||||||
25 | the application has been denied by the Department. | ||||||
26 | (Source: P.A. 96-1194, eff. 1-1-11.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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