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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 1002, 1003, 1004, 2000, 2001, 2002, 2003, | ||||||
6 | 2004, 2005, 2007, 2008, 2011, 3000, 3001, 3002, 4002, 4003, | ||||||
7 | 5001, 5003, 5004, 5006, 5008, and 5010 and by adding Section | ||||||
8 | 1005 as follows:
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9 | (225 ILCS 210/1002) (from Ch. 96 1/2, par. 1-1002)
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10 | Sec. 1002. Legislative Declaration. It is hereby
declared | ||||||
11 | to be the policy of this State that safety and security are
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12 | primary considerations in the storage, use, acquisition, | ||||||
13 | possession,
disposal and transfer of explosive materials.
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14 | An appropriate and thorough system of training, licensing , | ||||||
15 | and certification is
necessary to promote these considerations | ||||||
16 | by assuring that these products
are handled only by qualified | ||||||
17 | persons.
| ||||||
18 | (Source: P.A. 86-364.)
| ||||||
19 | (225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003)
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20 | Sec. 1003. Definitions. As used in this Act:
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21 | (a) "Person" means any individual, corporation, company, | ||||||
22 | association,
partnership, or other legal entity.
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1 | (b) "Explosive materials" means explosives, blasting | ||||||
2 | agents, and detonators.
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3 | (c) "Explosive" means any chemical compound, mixture , or | ||||||
4 | device (1) , the
primary or common purpose of which is to | ||||||
5 | function by explosion and (2) that is classified as a Division | ||||||
6 | 1.1, 1.2, or 1.3 material under 49 CFR 173.50, as now or | ||||||
7 | hereafter amended, renumbered, or succeeded. The term includes
| ||||||
8 | high and or low explosives. Manufactured articles, including, | ||||||
9 | but not limited
to, fixed ammunition for small arms, fire | ||||||
10 | crackers, safety fuses, and
matches are not explosives when the | ||||||
11 | individual units contain explosives
in such limited quantity | ||||||
12 | and of such nature or in such packing that it is
impossible to | ||||||
13 | produce a simultaneous or a destructive explosion of such
units | ||||||
14 | which would be injurious to life, limb or property.
| ||||||
15 | (d) "Blasting agent" means any material or mixture that (1) | ||||||
16 | consists consisting of a fuel
and oxidizer intended for | ||||||
17 | blasting, not otherwise defined as an explosive,
provided that | ||||||
18 | the finished product, as mixed and packaged for use or
| ||||||
19 | shipment, cannot be detonated by means of a No. 8 blasting cap, | ||||||
20 | as defined
by the Bureau of Alcohol, Tobacco , and Firearms and | ||||||
21 | Explosives , U.S. Department of
Treasury, when unconfined and | ||||||
22 | (2) is classified as a Division 1.5 material under 49 CFR | ||||||
23 | 173.50, as now or hereafter amended, renumbered, or succeeded .
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24 | (d-5) "Crime punishable by imprisonment for a term | ||||||
25 | exceeding one year" does not mean (1) any federal or state | ||||||
26 | offenses pertaining to antitrust violations, unfair trade |
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1 | practices, restraint of trade, or similar offenses relating to | ||||||
2 | the regulation of business practices as the Secretary of the | ||||||
3 | Treasury may by regulation designate or (2) any State offense, | ||||||
4 | other than one involving a firearm or explosive, classified by | ||||||
5 | the laws of the State as a misdemeanor or punishable by a term | ||||||
6 | of imprisonment of 2 years or less. | ||||||
7 | (e) "Detonator" means any device that (1) contains | ||||||
8 | containing any initiating or primary
explosive that is used for | ||||||
9 | initiating detonation and (2) is classified as Division 1.1 or | ||||||
10 | 1.4 material under 49 CFR 173.50, as now or hereafter amended, | ||||||
11 | renumbered, or succeeded . A detonator may not
contain more than | ||||||
12 | 10 grams of total explosives by weight, excluding
ignition or | ||||||
13 | delay charges.
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14 | (f) "Highway" means any public street, public road highway , | ||||||
15 | or public alley and includes privately financed, constructed, | ||||||
16 | or maintained roads that are regularly and openly traveled by | ||||||
17 | the general public .
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18 | (g) "Railroad" or "railway" means any public steam, | ||||||
19 | electric or other
railroad or rail system which carries | ||||||
20 | passengers for hire, but shall not
include auxiliary tracks, | ||||||
21 | spurs and sidings installed and primarily used in
serving any | ||||||
22 | mine, quarry or plant.
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23 | (h) "Building" means and includes any building regularly | ||||||
24 | occupied, in
whole or in part, as a habitation for human | ||||||
25 | beings, and any church,
schoolhouse, railway station or other | ||||||
26 | building where people are accustomed to
assemble, but does not |
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1 | mean or include any buildings of a mine or quarry
or any of the | ||||||
2 | buildings of a manufacturing plant where the business of
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3 | manufacturing explosive materials is conducted.
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4 | (i) "Factory building" means any building or other | ||||||
5 | structure in which the
manufacture or any part of the | ||||||
6 | manufacture of explosive materials is conducted.
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7 | (j) "Magazine" means any building or other structure or | ||||||
8 | container, other
than a factory building, used to store | ||||||
9 | explosive materials. Where mobile
or portable type 5 magazines | ||||||
10 | are permissible and used, "magazine", for the
purpose of | ||||||
11 | obtaining certificates and calculating fees, means the site on
| ||||||
12 | which such magazines are located.
| ||||||
13 | (k) "Magazine keeper" means a qualified supervisory person | ||||||
14 | licensed by the Department under Article 2 of this Act who is | ||||||
15 | responsible for the acquisition, storage, use, possession, | ||||||
16 | transfer, and disposal of explosive materials, including | ||||||
17 | inventory and transaction records, and responsible
for the | ||||||
18 | inventory and safe storage of explosive materials, including | ||||||
19 | the
proper maintenance of explosive materials, storage | ||||||
20 | magazines , and
surrounding areas.
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21 | (l) "Black powder" means a deflagrating or low explosive | ||||||
22 | compound of an
intimate mixture of sulfur, charcoal and an | ||||||
23 | alkali nitrate, usually
potassium or sodium nitrate.
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24 | (m) "Municipality" means includes cities, villages, and | ||||||
25 | incorporated towns ,
and townships.
| ||||||
26 | (n) "Fugitive from justice" means any individual who has |
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1 | fled from the
jurisdiction of any court of record to avoid | ||||||
2 | prosecution for any crime or
to avoid giving testimony in any | ||||||
3 | criminal proceeding. This term shall also
include any | ||||||
4 | individual who has been convicted of any crime and has fled to
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5 | avoid imprisonment.
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6 | (o) "Department" means the Department of Natural | ||||||
7 | Resources.
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8 | (p) (Blank) "Small arms" means guns of 50 calibers or less .
| ||||||
9 | (q) "Director" means the Director of Natural Resources.
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10 | (r) "Storage certificate" means the certificate issued by | ||||||
11 | the Department
under Article 3 of this Act that authorizes the | ||||||
12 | holder to store explosive
materials in the magazine for which | ||||||
13 | the certificate is issued.
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14 | (s) "License" means that license issued by the Department | ||||||
15 | under Article
2 of this Act authorizing the holder to possess, | ||||||
16 | use, purchase, transfer or
dispose of, but not to store, | ||||||
17 | explosive materials.
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18 | (t) "Transfer" of explosive materials means to sell, give, | ||||||
19 | distribute, or otherwise dispose of explosive materials. | ||||||
20 | (u) "Use" of explosive materials means the detonation, | ||||||
21 | ignition, deflagration, or any other means of initiating | ||||||
22 | explosive materials. | ||||||
23 | (v) "Disposal" of explosive materials means to render inert | ||||||
24 | pursuant to manufacturer's recommendations or commonly | ||||||
25 | accepted industry standards. | ||||||
26 | (w) "BATFE" means the federal Bureau of Alcohol, Tobacco, |
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1 | Firearms and Explosives. | ||||||
2 | (Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)
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3 | (225 ILCS 210/1004) (from Ch. 96 1/2, par. 1-1004)
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4 | Sec. 1004. Scope. This Act is intended to supplement the | ||||||
5 | requirements
of any federal or State laws and regulations and | ||||||
6 | shall apply to all
acquisition, storage, use, possession, | ||||||
7 | transfer and disposal of explosive
materials, except as | ||||||
8 | provided in Sections 1005, 2000, and 3000 of this Act this | ||||||
9 | Section .
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10 | (a) The licensing provisions of Article 2 do not apply to:
| ||||||
11 | (1) agricultural fertilizers which might be of an | ||||||
12 | explosive nature when
the use of such fertilizers is for | ||||||
13 | agricultural or horticultural purposes;
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14 | (2) a common or contract carrier authorized to carry | ||||||
15 | explosive material
pursuant to the Interstate Commerce Act | ||||||
16 | or by the Illinois Commerce Commission;
| ||||||
17 | (3) the purchase, receipt, possession or use, by an | ||||||
18 | individual, of
primers or propellant power used in muzzle | ||||||
19 | loading firearms, hand
loading, reloading or custom | ||||||
20 | loading ammunition for small arms for his own
use or for | ||||||
21 | that of his immediate family;
| ||||||
22 | (4) the possession or purchase from dealers, importers | ||||||
23 | or manufacturers
by any person who holds a valid Illinois | ||||||
24 | Firearm Owner's Identification
Card of smokeless small | ||||||
25 | arms propellant in quantities not to exceed 25
pounds, |
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1 | black powder not to exceed 5 pounds, and small arms primers | ||||||
2 | or
percussion caps for muzzle loading arms
in containers | ||||||
3 | provided by the manufacturer or containers generally
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4 | recognized as being suitable for the transportation and | ||||||
5 | storage, or
commerce in these items at retail, or the | ||||||
6 | transportation or use of the
items by any such person in | ||||||
7 | muzzle loading small arms, or in loading
ammunition for | ||||||
8 | small arms; or
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9 | (5) The acquisition, possession, use, transfer or | ||||||
10 | disposal of explosive
materials in connection with mine, | ||||||
11 | quarry, construction, manufacturing
or wholesale or retail | ||||||
12 | dealership operations in the ordinary course of
business | ||||||
13 | provided that (A) the operator has obtained a storage | ||||||
14 | certificate
from the Department in accordance with Article | ||||||
15 | 3 of this Act, (B) the
acquisition, possession, use, | ||||||
16 | transfer or disposal of explosive materials
is limited to | ||||||
17 | the operator's business operations,
and (C) the person or | ||||||
18 | persons designated as "magazine keeper" satisfy the
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19 | licensure requirements, other than an examination, of | ||||||
20 | Article 2 of this Act.
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21 | (b) The storage requirements of Article 3 shall not apply | ||||||
22 | to black powder
in quantities not to exceed 5 pounds or | ||||||
23 | smokeless powder explosives in
quantities not to exceed 25 | ||||||
24 | pounds, however:
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25 | (1) all black powder and smokeless powder shall be | ||||||
26 | stored in shipping
containers as required by regulations of |
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1 | the U.S. Department of
Transportation, except as | ||||||
2 | hereinafter provided;
| ||||||
3 | (2) black powder in quantities not to exceed 5 pounds | ||||||
4 | and
smokeless powder in quantities not to exceed 25 pounds | ||||||
5 | intended for
personal use may be stored in original | ||||||
6 | containers in a
locked wooden box or cabinet having walls | ||||||
7 | of at least one inch nominal
thickness; and
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8 | (3) black powder in quantities exceeding 5 pounds shall | ||||||
9 | be stored
in magazines constructed and located as specified | ||||||
10 | in this Act and no black
powder or smokeless powder shall | ||||||
11 | be commercially displayed.
| ||||||
12 | (c) Notwithstanding the requirements of Articles 2 and 3, a | ||||||
13 | person
licensed as a manufacturer or dealer in explosive | ||||||
14 | materials may sell, give
or dispose of explosive materials to a | ||||||
15 | non-resident of Illinois who is duly
licensed in the state of | ||||||
16 | his residence. Possession and transportation
within this State | ||||||
17 | by such non-residents shall conform to the laws of this
State, | ||||||
18 | except that the requirements of Section 2001, requiring a | ||||||
19 | license to
be issued by the Department, shall not apply.
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20 | (Source: P.A. 86-364; 86-1298; 87-835.)
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21 | (225 ILCS 210/1005 new) | ||||||
22 | Sec. 1005. Exemptions. | ||||||
23 | (a) This Act does not apply to any aspect of the | ||||||
24 | transporting of explosive materials via railroad, water, | ||||||
25 | highway, or air that is regulated by the United States |
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1 | Department of Transportation and agencies thereof, or state | ||||||
2 | agencies with similar jurisdiction, and which pertains to | ||||||
3 | safety. | ||||||
4 | A person who is licensed under Article 2 of this Act or | ||||||
5 | holds a storage certificate under Article 3 of this Act may | ||||||
6 | transfer explosive materials to a non-resident of Illinois if | ||||||
7 | the transfer is limited to the purpose of transporting the | ||||||
8 | explosive materials. The non-resident may not use or store | ||||||
9 | explosive materials within Illinois unless he or she is | ||||||
10 | licensed under Article 2 of this Act or holds a storage | ||||||
11 | certificate under Article 3 of this Act. | ||||||
12 | (b) This Act does not apply to an agricultural fertilizer | ||||||
13 | if the use of the agricultural fertilizer is for agricultural | ||||||
14 | or horticultural purposes. | ||||||
15 | (c) This Act does not apply to the possession, use, | ||||||
16 | purchase, transfer, storage, or disposal of explosive material | ||||||
17 | by United States military or other agencies of the United | ||||||
18 | States; or to arsenals, navy yards, depots, or other | ||||||
19 | establishments owned or operated by the United States. | ||||||
20 | (d) Government agencies and their employees that are (1) | ||||||
21 | subject to the requirements of this Act and, (2) in the | ||||||
22 | exercise of their official emergency response functions, are | ||||||
23 | required to store, use, or possess explosive materials, shall | ||||||
24 | not be subject to any fee required by this Act.
| ||||||
25 | (225 ILCS 210/2000) (from Ch. 96 1/2, par. 1-2000)
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1 | Sec. 2000. Scope; exemptions. | ||||||
2 | (a) The license requirements of this Article apply to all
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3 | explosive materials unless otherwise excepted under this | ||||||
4 | Section or Section 1005 of this Act .
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5 | (b) This Article does not apply to the purchase, receipt, | ||||||
6 | possession, or use of black powder solely for sporting, | ||||||
7 | recreational, or cultural purposes by an individual for his or | ||||||
8 | her own use or for his or her immediate family living in the | ||||||
9 | same household. This includes components for use in muzzle | ||||||
10 | loading firearms and other antique devices and hand loading, | ||||||
11 | reloading, or custom loading fixed ammunition. | ||||||
12 | (c) A person is not required to have a license under this | ||||||
13 | Article for the acquisition, possession, use, transfer, or | ||||||
14 | disposal of explosive materials in connection with mine, | ||||||
15 | quarry, construction, manufacturing, or wholesale or retail | ||||||
16 | explosive materials operations if (1) the person holds a | ||||||
17 | storage certificate under Article 3 of this Act and (2) the | ||||||
18 | acquisition, possession, use, transfer, or disposal of the | ||||||
19 | explosive materials is limited to the purpose authorized by his | ||||||
20 | or her storage certificate. | ||||||
21 | In addition to the person who holds the storage | ||||||
22 | certificate, this exemption shall also apply to any employee, | ||||||
23 | contractor, or other authorized individual if he or she is | ||||||
24 | under the direct supervision of an individual who is either | ||||||
25 | licensed under this Act, licensed for blasting operations or | ||||||
26 | use of explosives in aggregate mining operations under the |
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1 | Surface-Mined Land Conservation and Reclamation Act, certified | ||||||
2 | for blasting or use of explosives in mining operations under | ||||||
3 | the Surface Coal Mining Land Conservation and Reclamation Act, | ||||||
4 | or certified as a shot firer under the Coal Mining Act. Direct | ||||||
5 | supervision requires the supervising individual to be | ||||||
6 | physically present at all times during the use or disposal of | ||||||
7 | the explosive materials. | ||||||
8 | (Source: P.A. 86-364.)
| ||||||
9 | (225 ILCS 210/2001) (from Ch. 96 1/2, par. 1-2001)
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10 | Sec. 2001. Unlicensed activity; non-residents. No person | ||||||
11 | shall acquire, possess, use, transfer, or dispose of purchase | ||||||
12 | or transfer explosive
materials unless licensed by the | ||||||
13 | Department except as otherwise provided under Section 1005 or | ||||||
14 | 2000 of
by this Act and the Pyrotechnic Distributor and
| ||||||
15 | Operator Licensing Act.
| ||||||
16 | (Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05.)
| ||||||
17 | (225 ILCS 210/2002) (from Ch. 96 1/2, par. 1-2002)
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18 | Sec. 2002. Original individual license; Application; Fees. | ||||||
19 | Applications by individuals for original licenses shall be made | ||||||
20 | to the
Department, in writing, on forms prescribed by the | ||||||
21 | Department. The application
shall be accompanied by the | ||||||
22 | required fee, which is not refundable.
All license application | ||||||
23 | fees collected under this provision of this Act shall
be | ||||||
24 | deposited into the Explosives Regulatory Fund.
The application |
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| |||||||
1 | shall require such information as in the judgment of
the | ||||||
2 | Department will enable the Department to pass on the | ||||||
3 | qualifications of
the applicant for a license. It shall | ||||||
4 | include, but need not be limited to,
information concerning | ||||||
5 | age, full name of applicant, present residence, date
of birth, | ||||||
6 | sex, physical description, social security number or drivers
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7 | license number, and the purpose for which and the place or | ||||||
8 | places where the
explosive materials are to be used or | ||||||
9 | possessed. Each applicant shall file,
with his application, | ||||||
10 | fingerprint based data, or other state of the art criminal | ||||||
11 | identification data, cards in the form and manner required by
| ||||||
12 | the Illinois Department of State Police to enable the Illinois | ||||||
13 | Department of State Police to
conduct criminal history checks | ||||||
14 | on the applicant.
| ||||||
15 | (Source: P.A. 88-599, eff. 9-1-94.)
| ||||||
16 | (225 ILCS 210/2003) (from Ch. 96 1/2, par. 1-2003)
| ||||||
17 | Sec. 2003. Criminal history background Fingerprint card | ||||||
18 | fees ; law enforcement exemption . Each applicant for a license | ||||||
19 | shall
submit, in addition to the license fee, a fee specified | ||||||
20 | by the Illinois Department
of State Police for processing | ||||||
21 | fingerprint based data, or other state of the art criminal | ||||||
22 | identification data, cards which may be made payable
to the | ||||||
23 | State Police Services Fund and shall be remitted to the | ||||||
24 | Illinois
Department of State Police for deposit into that fund. | ||||||
25 | Law enforcement personnel who apply for an explosives license |
| |||||||
| |||||||
1 | in order to carry out their official functions may be exempted | ||||||
2 | from the criminal history background requirement provided the | ||||||
3 | law enforcement agency submits documentation that the | ||||||
4 | applicant has previously been subjected to a criminal history | ||||||
5 | background check.
| ||||||
6 | (Source: P.A. 86-364.)
| ||||||
7 | (225 ILCS 210/2004) (from Ch. 96 1/2, par. 1-2004)
| ||||||
8 | Sec. 2004. Investigation; Examination of applicant. Upon | ||||||
9 | receipt of an
application, the Department shall investigate the | ||||||
10 | eligibility of the
applicant. The Department has authority to | ||||||
11 | request and receive from any
federal, state or local | ||||||
12 | governmental agency such information and assistance
as will | ||||||
13 | enable the Department him to carry out its his powers and | ||||||
14 | duties under this Act. The Illinois
Department of State Police | ||||||
15 | shall cause the fingerprint based data or other state of the | ||||||
16 | art criminal identification data fingerprints of each | ||||||
17 | applicant
to be compared with the fingerprint based data or | ||||||
18 | other state of the art criminal identification data | ||||||
19 | fingerprints of criminals now or hereafter filed with
the | ||||||
20 | Illinois Department of State Police and with federal law | ||||||
21 | enforcement agencies
maintaining official criminal | ||||||
22 | identification fingerprint files. The investigation shall | ||||||
23 | include,
but is not limited to, an oral examination and a | ||||||
24 | written examination as to the
applicant's knowledge and ability | ||||||
25 | regarding basic safety, possession,
handling, use, storage, |
| |||||||
| |||||||
1 | disposal and transportation of explosives. Passage
of these | ||||||
2 | examinations is prerequisite to being considered for license
| ||||||
3 | issuance. Such
examinations may be administered by any person | ||||||
4 | designated by the Department.
| ||||||
5 | (Source: P.A. 87-835; 88-599, eff. 9-1-94.)
| ||||||
6 | (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
| ||||||
7 | Sec. 2005. Qualifications for licensure. | ||||||
8 | (a) No person shall qualify to hold a license who: | ||||||
9 | (1) is under 21 years of age; | ||||||
10 | (2) has been convicted in any court of a crime | ||||||
11 | punishable by imprisonment for a term exceeding one year; | ||||||
12 | (3) is under indictment for a crime punishable by | ||||||
13 | imprisonment for a term exceeding one year; | ||||||
14 | (4) is a fugitive from justice; | ||||||
15 | (5) is an unlawful user of or addicted to any | ||||||
16 | controlled substance as defined in Section 102 of the | ||||||
17 | federal Controlled Substances Act (21 U.S.C. Sec. 802 et | ||||||
18 | seq.); | ||||||
19 | (6) has been adjudicated a mental defective; or | ||||||
20 | (7) is not a legal citizen of the United States. | ||||||
21 | (b) A person who has been granted a "relief from | ||||||
22 | disabilities" regarding criminal convictions and indictments, | ||||||
23 | pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. | ||||||
24 | 845) may receive a license provided all other qualifications | ||||||
25 | under this Act are met. |
| |||||||
| |||||||
1 | A person is qualified to receive
a license under this Act if | ||||||
2 | the person meets the following minimum
requirements:
| ||||||
3 | (1) is at least 21 years of age;
| ||||||
4 | (2) has not willfully violated any
provisions of this | ||||||
5 | Act;
| ||||||
6 | (3) has not made any material misstatement or
knowingly | ||||||
7 | withheld information in connection with any original or
| ||||||
8 | renewal application;
| ||||||
9 | (4) has not been declared incompetent by any competent | ||||||
10 | court
by reasons of mental or physical defect or disease | ||||||
11 | unless a
court has since declared him competent;
| ||||||
12 | (5) does not abuse alcohol or prescription drugs or use | ||||||
13 | illegal drugs;
| ||||||
14 | (6) has not been convicted in any jurisdiction of any | ||||||
15 | felony within the
prior 5 years;
| ||||||
16 | (7) is not a fugitive from justice;
| ||||||
17 | (8) is of good moral character. Convictions of crimes | ||||||
18 | not listed in
subsection (6) of this Section may be taken | ||||||
19 | into account in determining
moral character but shall not | ||||||
20 | operate as an absolute bar to licensure; and
| ||||||
21 | (9) has passed the oral and written examinations | ||||||
22 | required under
Section 2004 of this Act.
| ||||||
23 | A licensee shall continue to meet these requirements in | ||||||
24 | order to maintain his
license.
| ||||||
25 | (Source: P.A. 91-357, eff. 7-29-99.)
|
| |||||||
| |||||||
1 | (225 ILCS 210/2007) (from Ch. 96 1/2, par. 1-2007)
| ||||||
2 | Sec. 2007. Fee; Exemptions. Agencies of the United States, | ||||||
3 | the State
and its political and civil subdivisions which are | ||||||
4 | subject to the
requirements of this Act, and which, in the | ||||||
5 | exercise of their emergency response functions,
are required to | ||||||
6 | store, acquire, possess, use, transfer, or dispose of explosive | ||||||
7 | materials or possess explosive materials shall not be
liable | ||||||
8 | for the payment of any fee required by this Act.
| ||||||
9 | (Source: P.A. 86-364.)
| ||||||
10 | (225 ILCS 210/2008) (from Ch. 96 1/2, par. 1-2008)
| ||||||
11 | Sec. 2008. Issuance of license and renewals ; notification | ||||||
12 | of law enforcement officers Renewal . The Department shall
issue | ||||||
13 | the appropriate license or renewal where the applicant
| ||||||
14 | satisfactorily meets the requirements of this Act and no | ||||||
15 | grounds for
refusal, revocation, or suspension exist. Within 10 | ||||||
16 | days after
the issuance of an original, replacement, or renewed | ||||||
17 | license, the Department
shall notify the appropriate law | ||||||
18 | enforcement officer of the municipality or
county where the | ||||||
19 | explosive materials are to be used or possessed,
and provide | ||||||
20 | such officer with any other information pertaining thereto as
| ||||||
21 | the Director may prescribe.
| ||||||
22 | (Source: P.A. 88-599, eff. 9-1-94.)
| ||||||
23 | (225 ILCS 210/2011) (from Ch. 96 1/2, par. 1-2011)
| ||||||
24 | Sec. 2011. Enforcement action; licenses. Refusal to issue |
| |||||||
| |||||||
1 | or renew license; disciplinary actions.
| ||||||
2 | (a) Failure to satisfy the age or examination requirements | ||||||
3 | of Sections
2004 and 2005(1) shall result in automatic license | ||||||
4 | denial.
| ||||||
5 | (b) Subject to the provisions of Sections 5003 through 5005 | ||||||
6 | of this Act, the
Department may suspend, revoke, or shall | ||||||
7 | refuse to issue or renew a license and may or shall take any | ||||||
8 | other
disciplinary action that as the Department may deem | ||||||
9 | proper, including the imposition
of fines not to exceed $5,000 | ||||||
10 | for each occurrence, if the applicant or licensee
fails to | ||||||
11 | comply with or satisfy the requirements of any provision of | ||||||
12 | this Act
and for any of the following reasons:
| ||||||
13 | (1) Failure to meet or maintain the qualifications for | ||||||
14 | licensure set forth
in Section 2005.
| ||||||
15 | (2) Willful disregard or violation of this Act or its | ||||||
16 | rules.
| ||||||
17 | (3) Willfully aiding or abetting another in the | ||||||
18 | violation of this Act or
its
rules.
| ||||||
19 | (4) Allowing a license issued under this Act to be used | ||||||
20 | by an
unlicensed
person.
| ||||||
21 | (5) Possession, use, acquisition, transfer, handling, | ||||||
22 | disposal, or storage
of
explosive materials in a manner | ||||||
23 | that endangers the public health, safety, or
welfare.
| ||||||
24 | (6) Refusal to produce records or reports or permit any | ||||||
25 | inspection lawfully requested by the Department. | ||||||
26 | (7) Failure to make, keep, or submit any record or |
| |||||||
| |||||||
1 | report required by this Act or its implementing | ||||||
2 | regulations; or making, keeping, or submitting a false | ||||||
3 | record or report. | ||||||
4 | (8) Material misstatement in the application for an | ||||||
5 | original or renewal license. | ||||||
6 | (c) (Blank). Subject to the provisions of Sections 5003 | ||||||
7 | through 5005 of this Act,
the Department shall refuse to issue | ||||||
8 | or renew a license or shall take any other
disciplinary action | ||||||
9 | as the Department may deem proper, including the imposition
of | ||||||
10 | fines not to exceed $5,000 for each occurrence, if the | ||||||
11 | applicant or licensee
fails to comply with or satisfy the | ||||||
12 | requirements of any provision of this Act
and for any of the | ||||||
13 | following reasons:
| ||||||
14 | (1) Refusal to produce records or reports or permit any | ||||||
15 | inspection
lawfully
requested by the Department.
| ||||||
16 | (2) Failure to make, keep, or submit any record or | ||||||
17 | report required by this
Act or its implementing | ||||||
18 | regulations; or making, keeping, or submitting a
false | ||||||
19 | record or report.
| ||||||
20 | (d) (Blank). Subject to the provisions of Sections 5003 | ||||||
21 | through 5005 of this Act,
violation of or non-compliance with | ||||||
22 | any provision of this Act or its
implementing regulations | ||||||
23 | constitutes grounds for disciplinary action,
license | ||||||
24 | revocation, or both.
| ||||||
25 | (e) All fines collected under this Section shall be | ||||||
26 | deposited into the
Explosives Regulatory Fund.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-835; 88-599, eff. 9-1-94.)
| ||||||
2 | (225 ILCS 210/3000) (from Ch. 96 1/2, par. 1-3000)
| ||||||
3 | Sec. 3000. Storage requirements; exemptions. | ||||||
4 | (a) No person, unless otherwise exempt excepted , shall | ||||||
5 | store explosive
materials unless a storage certificate has been | ||||||
6 | issued by the Department.
The Department shall, by rule, | ||||||
7 | establish requirements for the storage of
explosive materials | ||||||
8 | including magazine construction, magazine maintenance
and the | ||||||
9 | distances from which magazines or factory buildings must be
| ||||||
10 | separated from other magazines, buildings, railroads and | ||||||
11 | highways. In
establishing magazine construction, maintenance | ||||||
12 | and distance requirements,
the Department shall differentiate, | ||||||
13 | as appropriate, between types,
classifications and quantities | ||||||
14 | of explosive materials and shall fully
consider nationally | ||||||
15 | recognized industry standards and the standards
enforced by | ||||||
16 | agencies of the federal government including the Bureau of
| ||||||
17 | Alcohol, Tobacco, and Firearms of the United States Department | ||||||
18 | of the Treasury.
| ||||||
19 | (b) This Article does not apply to the purchase, receipt, | ||||||
20 | possession, or use of black powder solely for sporting, | ||||||
21 | recreational, or cultural purposes by an individual for his or | ||||||
22 | her own use or for his or her immediate family living in the | ||||||
23 | same household, unless the quantity of black powder is more | ||||||
24 | than 5 pounds. Black powder in quantities greater than 5 pounds | ||||||
25 | must be stored in accordance with this Article, regardless of |
| |||||||
| |||||||
1 | the intended usage. | ||||||
2 | (Source: P.A. 86-364.)
| ||||||
3 | (225 ILCS 210/3001) (from Ch. 96 1/2, par. 1-3001)
| ||||||
4 | Sec. 3001. Storage requirements; Magazines.
| ||||||
5 | (a) No person shall possess or store explosive materials
| ||||||
6 | unless such explosive materials are stored in a magazine or in | ||||||
7 | a factory
building in accordance with this Act except while | ||||||
8 | being transported or being
used in preparation for blasting or | ||||||
9 | while in the custody of a common
carrier awaiting shipment or | ||||||
10 | delivery to a consignee during the time
permitted by federal | ||||||
11 | law .
| ||||||
12 | (b) Not more than 300,000 pounds of explosive materials | ||||||
13 | shall be stored in any magazine at
any one time.
| ||||||
14 | (c) (Blank). Magazines in which explosive materials shall | ||||||
15 | be lawfully kept or
stored shall be constructed of brick, | ||||||
16 | concrete, iron, wood covered with
iron or other suitable | ||||||
17 | materials. The magazine shall not have openings
except for | ||||||
18 | ventilation and entrance. Blasting caps, detonating or
| ||||||
19 | fulminating caps, or detonators shall be kept or stored in a | ||||||
20 | separate
magazine from magazines where other explosive | ||||||
21 | materials are kept or stored
and a storage certificate shall be | ||||||
22 | obtained from the Department in
accordance with Section 3002.
| ||||||
23 | (d) (Blank). The doors of magazines shall be kept closed
| ||||||
24 | and locked at all times, except when opened for storage or | ||||||
25 | removal of
explosive materials by persons authorized to enter |
| |||||||
| |||||||
1 | the magazine. Sufficient
openings shall be provided for | ||||||
2 | ventilation and shall be screened to prevent
the entrance of | ||||||
3 | sparks, except that magazines containing only black powder
may | ||||||
4 | be constructed without openings for ventilation. At each | ||||||
5 | magazine
site there shall at all times be kept conspicuously | ||||||
6 | posted warning signs
as specified by the Department. All | ||||||
7 | explosive materials must be
stored within the magazine in their | ||||||
8 | original containers and such containers
shall be plainly marked | ||||||
9 | with the name of the explosive contained
therein. Except for | ||||||
10 | testing purposes in accordance with Section 5009, no
individual | ||||||
11 | shall discharge firearms within 500 feet of a magazine or | ||||||
12 | factory
building, or at or against any such building or | ||||||
13 | magazine.
| ||||||
14 | (e) (Blank). Magazines and the areas surrounding magazines | ||||||
15 | shall be maintained,
as provided by rule, to avoid fire or | ||||||
16 | explosive hazards.
| ||||||
17 | (Source: P.A. 86-364; 87-835.)
| ||||||
18 | (225 ILCS 210/3002) (from Ch. 96 1/2, par. 1-3002)
| ||||||
19 | Sec. 3002. Storage Certificates.
| ||||||
20 | (a) No person shall store explosive
materials until he has | ||||||
21 | obtained a storage certificate from the Department.
No storage | ||||||
22 | certificate shall be required, however, where holes are drilled
| ||||||
23 | and the explosive materials are upon delivery, immediately and | ||||||
24 | continuously
loaded into the holes for blasting from the mobile | ||||||
25 | container in which they
were delivered. The container shall at |
| |||||||
| |||||||
1 | all times be attended by an
authorized agent or employee of the | ||||||
2 | seller or the user of the explosive
materials. In no event | ||||||
3 | shall the mobile container of explosive materials
be exempt | ||||||
4 | unless it is completely unloaded for blasting. Every person to
| ||||||
5 | which this Section applies shall submit an application report | ||||||
6 | to the Department, on forms
furnished by the Department, | ||||||
7 | containing the following information:
| ||||||
8 | (1) the location or proposed location of a magazine;
| ||||||
9 | (2) the kind and maximum quantity of explosive | ||||||
10 | materials intended to
be generally stored in the magazine; | ||||||
11 | and
| ||||||
12 | (3) the distance or intended distance of the magazine | ||||||
13 | from the nearest
magazine, building, railroad and highway; | ||||||
14 | and
| ||||||
15 | (4) the name, explosive license number, and residence | ||||||
16 | and business addresses of the person
designated as | ||||||
17 | "magazine keeper" ; | ||||||
18 | (5) a description of the purposes for which explosive | ||||||
19 | materials are intended to be stored or used; and | ||||||
20 | (6) any other information that the Department deems | ||||||
21 | necessary to implement the requirements of this Act .
| ||||||
22 | (b) All storage
certificate application fees collected | ||||||
23 | under this Act shall be deposited into
the Explosives | ||||||
24 | Regulatory Fund.
Following receipt of an application such | ||||||
25 | report , the Department shall inspect the
magazine. If it finds | ||||||
26 | that the magazine is located and constructed in
accordance with |
| |||||||
| |||||||
1 | this Act and rules adopted promulgated by the Department, then | ||||||
2 | it shall
determine the quantity of explosive materials that may | ||||||
3 | be stored in such
magazine and shall issue a storage | ||||||
4 | certificate to the applicant showing
compliance with this Act | ||||||
5 | and the maximum quantity of explosive materials
that may be | ||||||
6 | stored in the magazine. The storage certificate shall be
| ||||||
7 | prominently and conspicuously posted at the magazine .
| ||||||
8 | (c) A storage certificate holder's authority to store | ||||||
9 | explosives shall be limited to the type, maximum quantity, and | ||||||
10 | purpose specified in his or her application to the Department, | ||||||
11 | unless the certificate holder is granted a modification to the | ||||||
12 | storage certificate. The Department shall approve any | ||||||
13 | modification to the storage certificate if the certificate | ||||||
14 | holder requests a modification and he or she meets the | ||||||
15 | requirements of this Act. If any person to whom the certificate | ||||||
16 | has been issued keeps or
stores explosive materials in excess | ||||||
17 | of the amount authorized by the
certificate, or stores | ||||||
18 | explosives material for a different purpose than indicated in | ||||||
19 | the application without first obtaining the Department's | ||||||
20 | approval to modify the certificate, then the Department may | ||||||
21 | cancel the certificate or initiate an enforcement action . | ||||||
22 | Whenever there
are changes in the physical conditions | ||||||
23 | surrounding a magazine, such as the
erection of buildings, | ||||||
24 | operation of railways or opening of highways near
such | ||||||
25 | magazine, the Department shall, in accordance with the changed
| ||||||
26 | conditions, modify or cancel the certificate. Upon |
| |||||||
| |||||||
1 | cancellation of the
certificate, the magazine keeper owner | ||||||
2 | shall immediately remove all explosive materials
from the | ||||||
3 | magazine. The magazine keeper owner or user of a magazine shall | ||||||
4 | promptly notify
the Department of any change in conditions.
| ||||||
5 | (d) Storage certificates issued under this Act are not | ||||||
6 | transferable. In
the event of the lease, sale or other transfer | ||||||
7 | of the business or
operations covered by the certificate, the | ||||||
8 | new owner, tenant or successor
in interest must obtain the | ||||||
9 | storage certificate required by this Article
before storing | ||||||
10 | explosive materials.
| ||||||
11 | (e) No individual may act as a magazine keeper unless | ||||||
12 | licensed under Article 2 of this Act. | ||||||
13 | (Source: P.A. 87-835; 88-599, eff. 9-1-94.)
| ||||||
14 | (225 ILCS 210/4002) (from Ch. 96 1/2, par. 1-4002)
| ||||||
15 | Sec. 4002. Reporting accidents, incidents, theft, or loss | ||||||
16 | Theft or loss . | ||||||
17 | (a) A licensee or certificate holder shall immediately | ||||||
18 | report to the Department, in a manner and form prescribed by | ||||||
19 | the Department, any incident or accident related to explosive | ||||||
20 | materials that results in personal injury or property damage. | ||||||
21 | (b) The theft or loss of explosive
materials shall be | ||||||
22 | reported within 24 hours of the discovery by the
licensee or | ||||||
23 | certificate holder to the Department and to local law
| ||||||
24 | enforcement authorities.
| ||||||
25 | (Source: P.A. 86-364.)
|
| |||||||
| |||||||
1 | (225 ILCS 210/4003) (from Ch. 96 1/2, par. 1-4003)
| ||||||
2 | Sec. 4003. Recordkeeping and inspection.
| ||||||
3 | (a) All license and certificate
holders shall maintain such | ||||||
4 | records pertaining to the possession, use,
purchase, transfer | ||||||
5 | and storage of explosive materials as the Department may
| ||||||
6 | prescribe and shall furnish the Department or its authorized
| ||||||
7 | representatives such records or other relevant information | ||||||
8 | legally
requested by the Department or its representatives. In | ||||||
9 | establishing record
keeping requirements, the Department shall | ||||||
10 | consider the requirements imposed by
agencies of the federal | ||||||
11 | government to avoid duplication or inconsistency. All records | ||||||
12 | required by the Department related to the possession, use, | ||||||
13 | purchase, transfer, or storage of explosive materials shall be | ||||||
14 | maintained for a minimum of 3 years.
| ||||||
15 | (b) (Blank). Every person selling or giving away an | ||||||
16 | explosive material shall keep
at his principal office or place | ||||||
17 | of business a journal, book of record or
other record setting | ||||||
18 | forth, in legible writing, a complete history of the
| ||||||
19 | transaction, including the following: (1) the name and quantity | ||||||
20 | of the
explosive material, (2) the identification numbers of | ||||||
21 | each
stick and container, (3) the name, residence and business | ||||||
22 | address of the
purchaser, (4) the address to which the | ||||||
23 | explosive material is to be
delivered, if different, and (5) | ||||||
24 | the name and address, social security number,
driver's license | ||||||
25 | number, and brief physical description of the individual
taking |
| |||||||
| |||||||
1 | the explosive material and the type and license number of the
| ||||||
2 | vehicle by which it is to be transported. The record keeping | ||||||
3 | requirements
of this subsection do not apply when such | ||||||
4 | transaction is between the
manufacturer of the explosive | ||||||
5 | material and that manufacturer's employees
when the explosive | ||||||
6 | materials involved are
being shipped by common carrier direct | ||||||
7 | from the manufacturer's place of
business. Such journal, book | ||||||
8 | of record or other record shall be open to
inspection by the | ||||||
9 | Department or by law enforcement agencies.
No explosive | ||||||
10 | materials shall be sold, given away or otherwise disposed of
or | ||||||
11 | delivered to any person under 21 years of age, whether such | ||||||
12 | person is
acting for himself or another.
| ||||||
13 | (c) All license and certificate holders shall
permit their | ||||||
14 | facilities to be inspected at reasonable times and in a
| ||||||
15 | reasonable manner by representatives of the Department.
| ||||||
16 | (Source: P.A. 86-364; 87-835.)
| ||||||
17 | (225 ILCS 210/5001) (from Ch. 96 1/2, par. 1-5001)
| ||||||
18 | Sec. 5001. Powers, duties and functions of Department. In | ||||||
19 | addition to the
powers, duties and functions vested in the | ||||||
20 | Department by this Act, or by
other laws of this State, the | ||||||
21 | Department shall have the full powers and authority to carry | ||||||
22 | out and administer this Act, including has the following | ||||||
23 | powers,
duties , and functions:
| ||||||
24 | (a) To adopt promulgate reasonable rules consistent with | ||||||
25 | this Act
to carry out the purposes and enforce the provisions |
| |||||||
| |||||||
1 | of this Act.
| ||||||
2 | (b) To prescribe and furnish application forms,
licenses, | ||||||
3 | certificates and any other forms necessary under this Act.
| ||||||
4 | (c) To prescribe examinations which reasonably test the
| ||||||
5 | applicant's knowledge of the safe and proper use, storage, | ||||||
6 | possession,
handling, and transfer of
explosive materials.
| ||||||
7 | (d) To establish and enforce reasonable standards for the | ||||||
8 | use,
storage, disposal and transfer of explosive materials.
| ||||||
9 | (e) To issue licenses and certificates to qualified | ||||||
10 | applicants who
comply with the requirements of this Act and its | ||||||
11 | rules.
| ||||||
12 | (f) To suspend, revoke or refuse to issue or renew licenses | ||||||
13 | or
certificates, or take other disciplinary action, including | ||||||
14 | the
imposition of fines.
All fines collected under this Act | ||||||
15 | shall be deposited into the Explosives
Regulatory Fund.
| ||||||
16 | (g) To establish by rule the expiration and renewal period | ||||||
17 | for licenses
and certificates issued under this Act, and to | ||||||
18 | establish and collect
license and certificate application | ||||||
19 | fees, fingerprint card fees required by the Illinois State | ||||||
20 | Police for criminal identification purposes , and such other | ||||||
21 | fees as
are authorized or necessary under this Act.
| ||||||
22 | (h) To conduct and prescribe rules of procedure for | ||||||
23 | hearings under this Act.
| ||||||
24 | (i) To appoint qualified inspectors
to periodically visit | ||||||
25 | places where explosive materials may be stored or
used, and to | ||||||
26 | make such other inspections as are necessary to determine
|
| |||||||
| |||||||
1 | satisfactory compliance with this Act.
| ||||||
2 | (j) To receive data and assistance from federal, State and | ||||||
3 | local
governmental agencies, and to obtain copies of | ||||||
4 | identification and arrest
data from all federal, State and | ||||||
5 | local law enforcement agencies for use in
carrying out the | ||||||
6 | purposes and functions of the Department and this Act.
| ||||||
7 | (k) To receive and respond to inquiries from the industry, | ||||||
8 | public,
and agencies or instrumentalities of the State, and to | ||||||
9 | offer advice, make
recommendations and provide monitoring | ||||||
10 | services pertinent to such inquiries
regarding the safe and | ||||||
11 | proper storage, handling, and use of explosive materials.
| ||||||
12 | (l) To inform, advise, and assist institute or cause to be | ||||||
13 | instituted legal proceedings in the
circuit court by the | ||||||
14 | State's Attorney of the county where any
noncompliance with or | ||||||
15 | violation of this Act occurs when the State's Attorney is | ||||||
16 | seeking criminal charges against a person pursuant to Section | ||||||
17 | 5010 or 5011 of this Act .
| ||||||
18 | (m) To bring an action in the name of the
Department, | ||||||
19 | through the Attorney General of the State of Illinois, whenever
| ||||||
20 | it appears to the Department that any person is engaged or is | ||||||
21 | about to
engage in any acts or practices that constitute or may | ||||||
22 | constitute a
violation of the provisions of this Act or its | ||||||
23 | rules,
for an order enjoining such violation or for an order
| ||||||
24 | enforcing compliance with this Act. Upon filing of a verified | ||||||
25 | petition in
such court, the court may issue a temporary | ||||||
26 | restraining order without
notice or bond and may preliminarily |
| |||||||
| |||||||
1 | or permanently enjoin such violation.
If it is established that | ||||||
2 | such person has violated or is violating the
injunction, the | ||||||
3 | court may punish the offender for contempt of court.
| ||||||
4 | Proceedings under this paragraph are in addition to, and not in | ||||||
5 | lieu
of, all other remedies and penalties provided for by this | ||||||
6 | Act.
| ||||||
7 | (n) The powers, duties and functions vested in the | ||||||
8 | Department under the
provisions of this Act shall not be | ||||||
9 | construed to affect in any manner the
powers, duties and | ||||||
10 | functions vested in the Department under any other provision
of | ||||||
11 | law.
| ||||||
12 | (Source: P.A. 87-835; 88-599, eff. 9-1-94.)
| ||||||
13 | (225 ILCS 210/5003) (from Ch. 96 1/2, par. 1-5003)
| ||||||
14 | Sec. 5003. Appeal to Department; Hearing; Notice.
| ||||||
15 | (a) Whenever the Department intends to refuse to issue or | ||||||
16 | renew or to
suspend, revoke or take other disciplinary action | ||||||
17 | with respect to a license
or certificate,
the Department shall | ||||||
18 | give notice to the applicant or holder. Such notice
shall be in | ||||||
19 | writing, shall state specifically the grounds upon which the
| ||||||
20 | Department intends to take the indicated action and shall be | ||||||
21 | served by
delivery of the same personally to the applicant or | ||||||
22 | holder, or by mailing
the same by registered or certified mail | ||||||
23 | to the applicant or holder's last
known address. The aggrieved | ||||||
24 | party may appeal to the
Department for a hearing. The applicant | ||||||
25 | or holder shall request such a
hearing in writing within 30 |
| |||||||
| |||||||
1 | days after notice is mailed.
The provisions
of Sections 5003 | ||||||
2 | through 5005 shall not apply to decisions of the
Department to | ||||||
3 | deny a license or certificate based on an applicant's failure
| ||||||
4 | to satisfy any age or examination requirements.
| ||||||
5 | (b) Upon the receipt of a request for a hearing, the | ||||||
6 | Department shall
order a hearing to be held.
The hearing | ||||||
7 | proceedings shall be commenced within 30 days after of the | ||||||
8 | receipt by the
Department of the request for a hearing unless | ||||||
9 | the hearing is continued for
good cause at the request of any | ||||||
10 | party.
The Department shall, at least 10 days prior to the date | ||||||
11 | set for the hearing,
notify in writing the applicant for or | ||||||
12 | holder of a license or certificate
that a hearing will be held | ||||||
13 | at the place and on the date designated in the
notice to | ||||||
14 | determine whether the applicant or holder is qualified to hold | ||||||
15 | a
license or certificate, and that the Department shall afford | ||||||
16 | the
applicant or holder an
opportunity to be heard. Such | ||||||
17 | written notice may be served by personal
delivery to the | ||||||
18 | applicant or holder, or by mailing the notice by registered
or | ||||||
19 | certified mail to the applicant or holder's last known address.
| ||||||
20 | (c) At the time and place
fixed in the notice, the | ||||||
21 | Department shall proceed to hear the appeal, and
all parties to | ||||||
22 | the proceeding shall have the opportunity to present such
| ||||||
23 | statements, testimony, evidence and argument as may be relevant | ||||||
24 | to the
proceeding. Hearings shall be conducted by hearing | ||||||
25 | officers appointed by
the Department, and an authorized agent | ||||||
26 | of the Department may administer
oaths to witnesses at any |
| |||||||
| |||||||
1 | hearing which the Department is authorized to
conduct. The | ||||||
2 | Department, if necessary, may continue such hearing from time
| ||||||
3 | to time. Hearing officers may authorize reasonable discovery by | ||||||
4 | any party. The Illinois Code of Civil Procedure and Illinois | ||||||
5 | Supreme Court rules shall not be applicable to hearing | ||||||
6 | proceedings under this Section.
| ||||||
7 | (d) Nothing in this Section shall be construed to limit the
| ||||||
8 | authority of the Department to deny, refuse to issue or renew, | ||||||
9 | or suspend,
revoke , or take other disciplinary action with | ||||||
10 | respect to a license or
certificate if the applicant or holder | ||||||
11 | waives the right to a hearing by
failing to request a hearing | ||||||
12 | within the prescribed time after notice is mailed
received .
| ||||||
13 | (Source: P.A. 87-835; 88-599, eff. 9-1-94.)
| ||||||
14 | (225 ILCS 210/5004) (from Ch. 96 1/2, par. 1-5004)
| ||||||
15 | Sec. 5004. Record of proceedings; transcript. The | ||||||
16 | Department or aggrieved party may shall
provide at its or his | ||||||
17 | or her expense a certified shorthand reporter to take down the
| ||||||
18 | testimony and preserve a record of all proceedings at the | ||||||
19 | hearing of any
case involving denial or refusal to issue or | ||||||
20 | renew a license or
certificate, or the suspension or revocation | ||||||
21 | or other discipline of a
license or certificate. Copies of the | ||||||
22 | transcript of such record may be
purchased from the certified | ||||||
23 | shorthand reporter who prepared the record.
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24 | (Source: P.A. 86-364.)
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1 | (225 ILCS 210/5006) (from Ch. 96 1/2, par. 1-5006)
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2 | Sec. 5006. Actions without notice of hearing. | ||||||
3 | Notwithstanding any other provision of this Act, whenever the | ||||||
4 | Department
finds that a condition or practice exists which | ||||||
5 | could reasonably be
expected to cause death or serious physical | ||||||
6 | harm or property damage, and if
the Department
incorporates a | ||||||
7 | finding to that effect in an order, it may summarily suspend
or | ||||||
8 | revoke a license or certificate, or order such immediate action | ||||||
9 | as may
be necessary to abate the condition or practice. | ||||||
10 | Whenever summary action is
taken under this Section, the | ||||||
11 | Department shall, simultaneously with such
action, serve upon | ||||||
12 | the holder a copy of its order which shall be effective
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13 | immediately. Upon the request of the aggrieved party, the | ||||||
14 | Department shall conduct a hearing regarding its order in | ||||||
15 | accordance with the requirements of Sections 5003, 5004, and | ||||||
16 | 5005 of this Act. A hearing, if properly requested, shall be | ||||||
17 | commenced within 15
days of the date of the order and concluded | ||||||
18 | as soon as practicably possible.
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19 | (Source: P.A. 87-835; 88-599, eff. 9-1-94.)
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20 | (225 ILCS 210/5008) (from Ch. 96 1/2, par. 1-5008)
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21 | Sec. 5008. Administrative Review Law. All final
| ||||||
22 | administrative decisions of the Department under this Act are
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23 | subject to judicial review pursuant to the Administrative | ||||||
24 | Review Law (735 ILCS 5/3-101 et seq.) , as
now or hereafter | ||||||
25 | amended, and its rules.
The term "administrative decision" is |
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1 | defined as in Section 3-101
of the Code of Civil Procedure. | ||||||
2 | Appeals from all orders and judgments
entered by the court, in | ||||||
3 | reviewing a final administrative decision of the
Department, | ||||||
4 | may be taken by any party to the action as in other civil
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5 | cases. Pending final decision on such review, the acts, orders | ||||||
6 | and rulings
of the Department shall remain in full force and | ||||||
7 | effect unless modified or
suspended by order of court pending | ||||||
8 | final judicial decision. The Department
shall not be required | ||||||
9 | to certify any record to the court or file any answer
in court | ||||||
10 | or otherwise appear in any court in a judicial review | ||||||
11 | proceeding,
unless there is filed in the court with the | ||||||
12 | complaint a receipt from the
Department acknowledging payment | ||||||
13 | of the costs of furnishing and certifying
the record, which | ||||||
14 | costs shall be computed at the rate of 35 cents
per page.
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15 | Failure on the part of the plaintiff to file such receipt
in | ||||||
16 | court shall be grounds for dismissal of the action.
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17 | (Source: P.A. 88-599, eff. 9-1-94.)
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18 | (225 ILCS 210/5010) (from Ch. 96 1/2, par. 1-5010)
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19 | Sec. 5010. Unlawful possession. Any person subject to this | ||||||
20 | Act
who possesses an explosive material without having obtained | ||||||
21 | a valid license
or certificate under this Act is guilty of a | ||||||
22 | Class 3 felony unless otherwise
exempted under Section 1005 or | ||||||
23 | 2000 of this Act. Any person subject to this Act who transfers | ||||||
24 | explosive material to a person who does not possess a valid | ||||||
25 | license or certificate under this Act is guilty of a Class 3 |
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1 | felony unless otherwise exempted under Section 1005 or 2000 of | ||||||
2 | this Act .
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3 | (Source: P.A. 86-364.)
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4 | (225 ILCS 210/3003 rep.)
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5 | (225 ILCS 210/5002 rep.)
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6 | (225 ILCS 210/5014 rep.)
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7 | Section 20. The Illinois Explosives Act is amended by | ||||||
8 | repealing Sections 3003, 5002, and 5014.
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9 | Section 99. Effective date. This Act takes effect January | ||||||
10 | 1, 2011.
|