100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4115

 

Introduced , by Rep. Jonathan Carroll

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 210/1003  from Ch. 96 1/2, par. 1-1003
225 ILCS 210/1005

    Amends the Illinois Explosives Act. Provides that the definition of "explosive" includes pre-packaged explosive components. Defines "pre-packaged explosive components". Provides that it is not a violation of the Act for an individual to use, purchase, possess, dispose, or transfer pre-packaged explosive components if the individual has applied for a license under the Act within 90 days after the effective date of the amendatory Act, unless the application has been denied by the Department of Natural Resources. Effective immediately.


LRB100 15087 SMS 29930 b

 

 

A BILL FOR

 

HB4115LRB100 15087 SMS 29930 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Explosives Act is amended by
5changing Sections 1003 and 1005 as follows:
 
6    (225 ILCS 210/1003)  (from Ch. 96 1/2, par. 1-1003)
7    Sec. 1003. Definitions. As used in this Act:
8    (a) "Person" means any individual, corporation, company,
9association, partnership, or other legal entity.
10    (b) "Explosive materials" means explosives, blasting
11agents, and detonators.
12    (c) "Explosive" means any chemical compound, mixture, or
13device (1) the primary or common purpose of which is to
14function by explosion and (2) that is classified as a Division
151.1, 1.2, or 1.3 material under 49 CFR 173.50, as now or
16hereafter amended, renumbered, or succeeded. The term includes
17high and low explosives. "Explosive" includes pre-packaged
18explosive components.
19    (d) "Blasting agent" means any material or mixture that (1)
20consists of a fuel and oxidizer intended for blasting, not
21otherwise defined as an explosive, provided that the finished
22product, as mixed and packaged for use or shipment, cannot be
23detonated by means of a No. 8 blasting cap, as defined by the

 

 

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1Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S.
2Department of Treasury, when unconfined and (2) is classified
3as a Division 1.5 material under 49 CFR 173.50, as now or
4hereafter amended, renumbered, or succeeded.
5    (d-5) "Crime punishable by imprisonment for a term
6exceeding one year" does not mean (1) any federal or state
7offenses pertaining to antitrust violations, unfair trade
8practices, restraint of trade, or similar offenses relating to
9the regulation of business practices as the Secretary of the
10Treasury may by regulation designate or (2) any State offense,
11other than one involving a firearm or explosive, classified by
12the laws of the State as a misdemeanor or punishable by a term
13of imprisonment of 2 years or less.
14    (e) "Detonator" means any device that (1) contains any
15initiating or primary explosive that is used for initiating
16detonation and (2) is classified as Division 1.1 or 1.4
17material under 49 CFR 173.50, as now or hereafter amended,
18renumbered, or succeeded. A detonator may not contain more than
1910 grams of total explosives by weight, excluding ignition or
20delay charges.
21    (f) "Highway" means any public street, public road, or
22public alley and includes privately financed, constructed, or
23maintained roads that are regularly and openly traveled by the
24general public.
25    (g) "Railroad" or "railway" means any public steam,
26electric or other railroad or rail system which carries

 

 

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1passengers for hire, but shall not include auxiliary tracks,
2spurs and sidings installed and primarily used in serving any
3mine, quarry or plant.
4    (h) "Building" means and includes any building regularly
5occupied, in whole or in part, as a habitation for human
6beings, and any church, schoolhouse, railway station or other
7building where people are accustomed to assemble, but does not
8mean or include any buildings of a mine or quarry or any of the
9buildings of a manufacturing plant where the business of
10manufacturing explosive materials is conducted.
11    (i) "Factory building" means any building or other
12structure in which the manufacture or any part of the
13manufacture of explosive materials is conducted.
14    (j) "Magazine" means any building or other structure or
15container, other than a factory building, used to store
16explosive materials. Where mobile or portable type 5 magazines
17are permissible and used, "magazine", for the purpose of
18obtaining certificates and calculating fees, means the site on
19which such magazines are located.
20    (k) "Magazine keeper" means a qualified supervisory person
21licensed by the Department under Article 2 of this Act who is
22responsible for the acquisition, storage, use, possession,
23transfer, and disposal of explosive materials, including
24inventory and transaction records, and the proper maintenance
25of explosive materials, storage magazines, and surrounding
26areas.

 

 

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1    (l) "Black powder" means a deflagrating or low explosive
2compound of an intimate mixture of sulfur, charcoal and an
3alkali nitrate, usually potassium or sodium nitrate.
4    (m) "Municipality" means cities, villages, incorporated
5towns, and townships.
6    (n) "Fugitive from justice" means any individual who has
7fled from the jurisdiction of any court of record to avoid
8prosecution for any crime or to avoid giving testimony in any
9criminal proceeding. This term shall also include any
10individual who has been convicted of any crime and has fled to
11avoid imprisonment.
12    (o) "Department" means the Department of Natural
13Resources.
14    (p) (Blank).
15    (q) "Director" means the Director of Natural Resources.
16    (r) "Storage certificate" means the certificate issued by
17the Department under Article 3 of this Act that authorizes the
18holder to store explosive materials in the magazine for which
19the certificate is issued.
20    (s) "License" means that license issued by the Department
21under Article 2 of this Act authorizing the holder to possess,
22use, purchase, transfer or dispose of, but not to store,
23explosive materials.
24    (t) "Transfer" of explosive materials means to sell, give,
25distribute, or otherwise dispose of explosive materials.
26    (u) "Use" of explosive materials means the detonation,

 

 

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1ignition, deflagration, or any other means of initiating
2explosive materials.
3    (v) "Disposal" of explosive materials means to render inert
4pursuant to manufacturer's recommendations or commonly
5accepted industry standards.
6    (w) "BATFE" means the federal Bureau of Alcohol, Tobacco,
7Firearms and Explosives.
8    (x) "Pre-packaged explosive components" means a
9pre-packaged product containing 2 or more unmixed,
10commercially manufactured chemical substances that are not
11independently classified as explosives but which when mixed or
12combined, results in an explosive material subject to
13regulation by the federal Bureau of Alcohol, Tobacco, Firearms,
14and Explosives under Title 27 CFR Part 555.
15(Source: P.A. 96-1194, eff. 1-1-11.)
 
16    (225 ILCS 210/1005)
17    Sec. 1005. Exemptions.
18    (a) This Act does not apply to any aspect of the
19transporting of explosive materials via railroad, water,
20highway, or air that is regulated by the United States
21Department of Transportation and agencies thereof, or state
22agencies with similar jurisdiction, and which pertains to
23safety.
24    A person who is licensed under Article 2 of this Act or
25holds a storage certificate under Article 3 of this Act may

 

 

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1transfer explosive materials to a non-resident of Illinois if
2the transfer is limited to the purpose of transporting the
3explosive materials. The non-resident may not use or store
4explosive materials within Illinois unless he or she is
5licensed under Article 2 of this Act or holds a storage
6certificate under Article 3 of this Act.
7    (b) This Act does not apply to an agricultural fertilizer
8if the use of the agricultural fertilizer is for agricultural
9or horticultural purposes.
10    (c) This Act does not apply to the possession, use,
11purchase, transfer, storage, or disposal of explosive material
12by United States military or other agencies of the United
13States; or to arsenals, navy yards, depots, or other
14establishments owned or operated by the United States.
15    (d) Government agencies and their employees that are (1)
16subject to the requirements of this Act and, (2) in the
17exercise of their official emergency response functions, are
18required to store, use, or possess explosive materials, shall
19not be subject to any fee required by this Act.
20    (e) It is not a violation of this Act for an individual to
21use, purchase, possess, dispose, or transfer pre-packaged
22explosive components if that individual has applied for a
23license under this Act within 90 days after the effective date
24of this amendatory Act of the 100th General Assembly, unless
25the 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
2becoming law.