Full Text of HB6416 96th General Assembly
HB6416ham002 96TH GENERAL ASSEMBLY
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Rep. Michael J. Zalewski
Filed: 3/23/2010
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| AMENDMENT TO HOUSE BILL 6416
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| AMENDMENT NO. ______. Amend House Bill 6416 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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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| (225 ILCS 210/1002) (from Ch. 96 1/2, par. 1-1002)
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| 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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| primary considerations in the storage, use, acquisition, | 13 |
| possession,
disposal and transfer of explosive materials.
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| 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 |
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| persons.
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| (Source: P.A. 86-364.)
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| (225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003)
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| Sec. 1003. Definitions. As used in this Act:
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| (a) "Person" means any individual, corporation, company, | 6 |
| association,
partnership, or other legal entity.
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| (b) "Explosive materials" means explosives, blasting | 8 |
| agents, and detonators.
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| (c) "Explosive" means any chemical compound, mixture , or | 10 |
| device (1) , the
primary or common purpose of which is to | 11 |
| function by explosion and (2) that is classified as a Division | 12 |
| 1.1, 1.2, or 1.3 material under 49 CFR 173.50, as now or | 13 |
| hereafter amended, renumbered, or succeeded. The term includes
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| high and or low explosives. Manufactured articles, including, | 15 |
| but not limited
to, fixed ammunition for small arms, fire | 16 |
| crackers, safety fuses, and
matches are not explosives when the | 17 |
| individual units contain explosives
in such limited quantity | 18 |
| and of such nature or in such packing that it is
impossible to | 19 |
| produce a simultaneous or a destructive explosion of such
units | 20 |
| which would be injurious to life, limb or property.
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| (d) "Blasting agent" means any material or mixture that (1) | 22 |
| consists consisting of a fuel
and oxidizer intended for | 23 |
| blasting, not otherwise defined as an explosive,
provided that | 24 |
| the finished product, as mixed and packaged for use or
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| shipment, cannot be detonated by means of a No. 8 blasting cap, |
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| as defined
by the Bureau of Alcohol, Tobacco , and Firearms and | 2 |
| Explosives , U.S. Department of
Treasury, when unconfined and | 3 |
| (2) is classified as a Division 1.5 material under 49 CFR | 4 |
| 173.50, as now or hereafter amended, renumbered, or succeeded .
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| (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 | 15 |
| containing any initiating or primary
explosive that is used for | 16 |
| initiating detonation and (2) is classified as Division 1.1 or | 17 |
| 1.4 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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| (f) "Highway" means any public street, public road highway , | 22 |
| or public alley and includes privately financed, constructed, | 23 |
| or maintained roads that are regularly and openly traveled by | 24 |
| the general public .
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| (g) "Railroad" or "railway" means any public steam, | 26 |
| electric or other
railroad or rail system which carries |
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| 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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| (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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| manufacturing explosive materials is conducted.
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| (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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| (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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| which such magazines are located.
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| (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 responsible
for the | 25 |
| inventory and safe storage of explosive materials, including | 26 |
| the
proper maintenance of explosive materials, storage |
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| magazines , and
surrounding areas.
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| (l) "Black powder" means a deflagrating or low explosive | 3 |
| compound of an
intimate mixture of sulfur, charcoal and an | 4 |
| alkali nitrate, usually
potassium or sodium nitrate.
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| (m) "Municipality" means includes cities, villages, and | 6 |
| incorporated towns ,
and townships.
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| (n) "Fugitive from justice" means any individual who has | 8 |
| fled from the
jurisdiction of any court of record to avoid | 9 |
| prosecution for any crime or
to avoid giving testimony in any | 10 |
| criminal proceeding. This term shall also
include any | 11 |
| individual who has been convicted of any crime and has fled to
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| avoid imprisonment.
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| (o) "Department" means the Department of Natural | 14 |
| Resources.
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| (p) (Blank) "Small arms" means guns of 50 calibers or less .
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| (q) "Director" means the Director of Natural Resources.
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| (r) "Storage certificate" means the certificate issued by | 18 |
| the Department
under Article 3 of this Act that authorizes the | 19 |
| holder to store explosive
materials in the magazine for which | 20 |
| the certificate is issued.
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| (s) "License" means that license issued by the Department | 22 |
| under Article
2 of this Act authorizing the holder to possess, | 23 |
| use, purchase, transfer or
dispose of, but not to store, | 24 |
| explosive materials.
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| (t) "Transfer" of explosive materials means to sell, give, | 26 |
| distribute, or otherwise dispose of explosive materials. |
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| (u) "Use" of explosive materials means the detonation, | 2 |
| ignition, deflagration, or any other means of initiating | 3 |
| explosive materials. | 4 |
| (v) "Disposal" of explosive materials means to render inert | 5 |
| pursuant to manufacturer's recommendations or commonly | 6 |
| accepted industry standards. | 7 |
| (w) "BATFE" means the federal Bureau of Alcohol, Tobacco, | 8 |
| Firearms and Explosives. | 9 |
| (Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)
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| (225 ILCS 210/1004) (from Ch. 96 1/2, par. 1-1004)
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| Sec. 1004. Scope. This Act is intended to supplement the | 12 |
| requirements
of any federal or State laws and regulations and | 13 |
| shall apply to all
acquisition, storage, use, possession, | 14 |
| transfer and disposal of explosive
materials, except as | 15 |
| provided in Sections 1005, 2000, and 3000 of this Act this | 16 |
| Section .
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| (a) The licensing provisions of Article 2 do not apply to:
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| (1) agricultural fertilizers which might be of an | 19 |
| explosive nature when
the use of such fertilizers is for | 20 |
| agricultural or horticultural purposes;
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| (2) a common or contract carrier authorized to carry | 22 |
| explosive material
pursuant to the Interstate Commerce Act | 23 |
| or by the Illinois Commerce Commission;
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| (3) the purchase, receipt, possession or use, by an | 25 |
| individual, of
primers or propellant power used in muzzle |
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| loading firearms, hand
loading, reloading or custom | 2 |
| loading ammunition for small arms for his own
use or for | 3 |
| that of his immediate family;
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| (4) the possession or purchase from dealers, importers | 5 |
| or manufacturers
by any person who holds a valid Illinois | 6 |
| Firearm Owner's Identification
Card of smokeless small | 7 |
| arms propellant in quantities not to exceed 25
pounds, | 8 |
| black powder not to exceed 5 pounds, and small arms primers | 9 |
| or
percussion caps for muzzle loading arms
in containers | 10 |
| provided by the manufacturer or containers generally
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| recognized as being suitable for the transportation and | 12 |
| storage, or
commerce in these items at retail, or the | 13 |
| transportation or use of the
items by any such person in | 14 |
| muzzle loading small arms, or in loading
ammunition for | 15 |
| small arms; or
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| (5) The acquisition, possession, use, transfer or | 17 |
| disposal of explosive
materials in connection with mine, | 18 |
| quarry, construction, manufacturing
or wholesale or retail | 19 |
| dealership operations in the ordinary course of
business | 20 |
| provided that (A) the operator has obtained a storage | 21 |
| certificate
from the Department in accordance with Article | 22 |
| 3 of this Act, (B) the
acquisition, possession, use, | 23 |
| transfer or disposal of explosive materials
is limited to | 24 |
| the operator's business operations,
and (C) the person or | 25 |
| persons designated as "magazine keeper" satisfy the
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| licensure requirements, other than an examination, of |
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| Article 2 of this Act.
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| (b) The storage requirements of Article 3 shall not apply | 3 |
| to black powder
in quantities not to exceed 5 pounds or | 4 |
| smokeless powder explosives in
quantities not to exceed 25 | 5 |
| pounds, however:
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| (1) all black powder and smokeless powder shall be | 7 |
| stored in shipping
containers as required by regulations of | 8 |
| the U.S. Department of
Transportation, except as | 9 |
| hereinafter provided;
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| (2) black powder in quantities not to exceed 5 pounds | 11 |
| and
smokeless powder in quantities not to exceed 25 pounds | 12 |
| intended for
personal use may be stored in original | 13 |
| containers in a
locked wooden box or cabinet having walls | 14 |
| of at least one inch nominal
thickness; and
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| (3) black powder in quantities exceeding 5 pounds shall | 16 |
| be stored
in magazines constructed and located as specified | 17 |
| in this Act and no black
powder or smokeless powder shall | 18 |
| be commercially displayed.
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| (c) Notwithstanding the requirements of Articles 2 and 3, a | 20 |
| person
licensed as a manufacturer or dealer in explosive | 21 |
| materials may sell, give
or dispose of explosive materials to a | 22 |
| non-resident of Illinois who is duly
licensed in the state of | 23 |
| his residence. Possession and transportation
within this State | 24 |
| by such non-residents shall conform to the laws of this
State, | 25 |
| except that the requirements of Section 2001, requiring a | 26 |
| license to
be issued by the Department, shall not apply.
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| (Source: P.A. 86-364; 86-1298; 87-835.)
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| (225 ILCS 210/1005 new) | 3 |
| Sec. 1005. Exemptions. | 4 |
| (a) This Act does not apply to any aspect of the | 5 |
| transporting of explosive materials via railroad, water, | 6 |
| highway, or air that is regulated by the United States | 7 |
| Department of Transportation and agencies thereof, or state | 8 |
| agencies with similar jurisdiction, and which pertains to | 9 |
| safety. | 10 |
| A person who is licensed under Article 2 of this Act or | 11 |
| holds a storage certificate under Article 3 of this Act may | 12 |
| transfer explosive materials to a non-resident of Illinois if | 13 |
| the transfer is limited to the purpose of transporting the | 14 |
| explosive materials. The non-resident may not use or store | 15 |
| explosive materials within Illinois unless he or she is | 16 |
| licensed under Article 2 of this Act or holds a storage | 17 |
| certificate under Article 3 of this Act. | 18 |
| (b) This Act does not apply to an agricultural fertilizer | 19 |
| if the use of the agricultural fertilizer is for agricultural | 20 |
| or horticultural purposes. | 21 |
| (c) This Act does not apply to the possession, use, | 22 |
| purchase, transfer, storage, or disposal of explosive material | 23 |
| by United States military or other agencies of the United | 24 |
| States; or to arsenals, navy yards, depots, or other | 25 |
| establishments owned or operated by the United States. |
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| (d) Government agencies and their employees that are (1) | 2 |
| subject to the requirements of this Act and, (2) in the | 3 |
| exercise of their official emergency response functions, are | 4 |
| required to store, use, or possess explosive materials, shall | 5 |
| not be subject to any fee required by this Act.
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| (225 ILCS 210/2000) (from Ch. 96 1/2, par. 1-2000)
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| Sec. 2000. Scope; exemptions. | 8 |
| (a) The license requirements of this Article apply to all
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| explosive materials unless otherwise excepted under this | 10 |
| Section or Section 1005 of this Act .
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| (b) This Article does not apply to the purchase, receipt, | 12 |
| possession, or use of black powder solely for sporting, | 13 |
| recreational, or cultural purposes by an individual for his or | 14 |
| her own use or for his or her immediate family living in the | 15 |
| same household. This includes components for use in muzzle | 16 |
| loading firearms and other antique devices and hand loading, | 17 |
| reloading, or custom loading fixed ammunition. | 18 |
| (c) A person is not required to have a license under this | 19 |
| Article for the acquisition, possession, use, transfer, or | 20 |
| disposal of explosive materials in connection with mine, | 21 |
| quarry, construction, manufacturing, or wholesale or retail | 22 |
| explosive materials operations if (1) the person holds a | 23 |
| storage certificate under Article 3 of this Act and (2) the | 24 |
| acquisition, possession, use, transfer, or disposal of the | 25 |
| explosive materials is limited to the purpose authorized by his |
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| or her storage certificate. | 2 |
| In addition to the person who holds the storage | 3 |
| certificate, this exemption shall also apply to any employee, | 4 |
| contractor, or other authorized individual if he or she is | 5 |
| under the direct supervision of an individual who is either | 6 |
| licensed under this Act, licensed for blasting operations or | 7 |
| use of explosives in aggregate mining operations under the | 8 |
| Surface-Mined Land Conservation and Reclamation Act, certified | 9 |
| for blasting or use of explosives in mining operations under | 10 |
| the Surface Coal Mining Land Conservation and Reclamation Act, | 11 |
| or certified as a shot firer under the Coal Mining Act. Direct | 12 |
| supervision requires the supervising individual to be | 13 |
| physically present at all times during the use or disposal of | 14 |
| the explosive materials. | 15 |
| (Source: P.A. 86-364.)
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| (225 ILCS 210/2001) (from Ch. 96 1/2, par. 1-2001)
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| Sec. 2001. Unlicensed activity; non-residents. No person | 18 |
| shall acquire, possess, use, transfer, or dispose of purchase | 19 |
| or transfer explosive
materials unless licensed by the | 20 |
| Department except as otherwise provided under Section 1005 or | 21 |
| 2000 of
by this Act and the Pyrotechnic Distributor and
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| Operator Licensing Act.
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| (Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05.)
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| (225 ILCS 210/2002) (from Ch. 96 1/2, par. 1-2002)
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| Sec. 2002. Original individual license; Application; Fees. | 2 |
| Applications by individuals for original licenses shall be made | 3 |
| to the
Department, in writing, on forms prescribed by the | 4 |
| Department. The application
shall be accompanied by the | 5 |
| required fee, which is not refundable.
All license application | 6 |
| fees collected under this provision of this Act shall
be | 7 |
| deposited into the Explosives Regulatory Fund.
The application | 8 |
| shall require such information as in the judgment of
the | 9 |
| Department will enable the Department to pass on the | 10 |
| qualifications of
the applicant for a license. It shall | 11 |
| include, but need not be limited to,
information concerning | 12 |
| age, full name of applicant, present residence, date
of birth, | 13 |
| sex, physical description, social security number or drivers
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| license number, and the purpose for which and the place or | 15 |
| places where the
explosive materials are to be used or | 16 |
| possessed. Each applicant shall file,
with his application, | 17 |
| fingerprint based data, or other state of the art criminal | 18 |
| identification data, cards in the form and manner required by
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| the Illinois Department of State Police to enable the Illinois | 20 |
| Department of State Police to
conduct criminal history checks | 21 |
| on the applicant.
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| (Source: P.A. 88-599, eff. 9-1-94.)
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| (225 ILCS 210/2003) (from Ch. 96 1/2, par. 1-2003)
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| Sec. 2003. Criminal history background Fingerprint card | 25 |
| fees ; law enforcement exemption . Each applicant for a license |
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| shall
submit, in addition to the license fee, a fee specified | 2 |
| by the Illinois Department
of State Police for processing | 3 |
| fingerprint based data, or other state of the art criminal | 4 |
| identification data, cards which may be made payable
to the | 5 |
| State Police Services Fund and shall be remitted to the | 6 |
| Illinois
Department of State Police for deposit into that fund. | 7 |
| Law enforcement personnel who apply for an explosives license | 8 |
| in order to carry out their official functions may be exempted | 9 |
| from the criminal history background requirement provided the | 10 |
| law enforcement agency submits documentation that the | 11 |
| applicant has previously been subjected to a criminal history | 12 |
| background check.
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| (Source: P.A. 86-364.)
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| (225 ILCS 210/2004) (from Ch. 96 1/2, par. 1-2004)
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| Sec. 2004. Investigation; Examination of applicant. Upon | 16 |
| receipt of an
application, the Department shall investigate the | 17 |
| eligibility of the
applicant. The Department has authority to | 18 |
| request and receive from any
federal, state or local | 19 |
| governmental agency such information and assistance
as will | 20 |
| enable the Department him to carry out its his powers and | 21 |
| duties under this Act. The Illinois
Department of State Police | 22 |
| shall cause the fingerprint based data or other state of the | 23 |
| art criminal identification data fingerprints of each | 24 |
| applicant
to be compared with the fingerprint based data or | 25 |
| other state of the art criminal identification data |
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| fingerprints of criminals now or hereafter filed with
the | 2 |
| Illinois Department of State Police and with federal law | 3 |
| enforcement agencies
maintaining official criminal | 4 |
| identification fingerprint files. The investigation shall | 5 |
| include,
but is not limited to, an oral examination and a | 6 |
| written examination as to the
applicant's knowledge and ability | 7 |
| regarding basic safety, possession,
handling, use, storage, | 8 |
| disposal and transportation of explosives. Passage
of these | 9 |
| examinations is prerequisite to being considered for license
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| issuance. Such
examinations may be administered by any person | 11 |
| designated by the Department.
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| (Source: P.A. 87-835; 88-599, eff. 9-1-94.)
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| (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
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| Sec. 2005. Qualifications for licensure. | 15 |
| (a) No person shall qualify to hold a license who: | 16 |
| (1) is under 21 years of age; | 17 |
| (2) has been convicted in any court of a crime | 18 |
| punishable by imprisonment for a term exceeding one year; | 19 |
| (3) is under indictment for a crime punishable by | 20 |
| imprisonment for a term exceeding one year; | 21 |
| (4) is a fugitive from justice; | 22 |
| (5) is an unlawful user of or addicted to any | 23 |
| controlled substance as defined in Section 102 of the | 24 |
| federal Controlled Substances Act (21 U.S.C. Sec. 802 et | 25 |
| seq.); |
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| (6) has been adjudicated a mental defective; or | 2 |
| (7) is not a legal citizen of the United States. | 3 |
| (b) A person who has been granted a "relief from | 4 |
| disabilities" regarding criminal convictions and indictments, | 5 |
| pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. | 6 |
| 845) may receive a license provided all other qualifications | 7 |
| under this Act are met. | 8 |
| A person is qualified to receive
a license under this Act if | 9 |
| the person meets the following minimum
requirements:
| 10 |
| (1) is at least 21 years of age;
| 11 |
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| (2) has not willfully violated any
provisions of this | 13 |
| Act;
| 14 |
| (3) has not made any material misstatement or
knowingly | 15 |
| withheld information in connection with any original or
| 16 |
| renewal application;
| 17 |
| (4) has not been declared incompetent by any competent | 18 |
| court
by reasons of mental or physical defect or disease | 19 |
| unless a
court has since declared him competent;
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| (5) does not abuse alcohol or prescription drugs or use | 21 |
| illegal drugs;
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| (6) has not been convicted in any jurisdiction of any | 23 |
| felony within the
prior 5 years;
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| (7) is not a fugitive from justice;
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| (8) is of good moral character. Convictions of crimes | 26 |
| not listed in
subsection (6) of this Section may be taken |
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| into account in determining
moral character but shall not | 2 |
| operate as an absolute bar to licensure; and
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| (9) has passed the oral and written examinations | 4 |
| required under
Section 2004 of this Act.
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| A licensee shall continue to meet these requirements in | 6 |
| order to maintain his
license.
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| (Source: P.A. 91-357, eff. 7-29-99.)
| 8 |
| (225 ILCS 210/2007) (from Ch. 96 1/2, par. 1-2007)
| 9 |
| Sec. 2007. Fee; Exemptions. Agencies of the United States, | 10 |
| the State
and its political and civil subdivisions which are | 11 |
| subject to the
requirements of this Act, and which, in the | 12 |
| exercise of their emergency response functions,
are required to | 13 |
| store, acquire, possess, use, transfer, or dispose of explosive | 14 |
| materials or possess explosive materials shall not be
liable | 15 |
| for the payment of any fee required by this Act.
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| (Source: P.A. 86-364.)
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| (225 ILCS 210/2008) (from Ch. 96 1/2, par. 1-2008)
| 18 |
| Sec. 2008. Issuance of license and renewals ; notification | 19 |
| of law enforcement officers Renewal . The Department shall
issue | 20 |
| the appropriate license or renewal where the applicant
| 21 |
| satisfactorily meets the requirements of this Act and no | 22 |
| grounds for
refusal, revocation, or suspension exist. Within 10 | 23 |
| days after
the issuance of an original, replacement, or renewed | 24 |
| license, the Department
shall notify the appropriate law |
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| enforcement officer of the municipality or
county where the | 2 |
| explosive materials are to be used or possessed,
and provide | 3 |
| such officer with any other information pertaining thereto as
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| the Director may prescribe.
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| (Source: P.A. 88-599, eff. 9-1-94.)
| 6 |
| (225 ILCS 210/2011) (from Ch. 96 1/2, par. 1-2011)
| 7 |
| Sec. 2011. Enforcement action; licenses. Refusal to issue | 8 |
| or renew license; disciplinary actions.
| 9 |
| (a) Failure to satisfy the age or examination requirements | 10 |
| of Sections
2004 and 2005(1) shall result in automatic license | 11 |
| denial.
| 12 |
| (b) Subject to the provisions of Sections 5003 through 5005 | 13 |
| of this Act, the
Department may suspend, revoke, or shall | 14 |
| refuse to issue or renew a license and may or shall take any | 15 |
| other
disciplinary action that as the Department may deem | 16 |
| proper, including the imposition
of fines not to exceed $5,000 | 17 |
| for each occurrence, if the applicant or licensee
fails to | 18 |
| comply with or satisfy the requirements of any provision of | 19 |
| this Act
and for any of the following reasons:
| 20 |
| (1) Failure to meet or maintain the qualifications for | 21 |
| licensure set forth
in Section 2005.
| 22 |
| (2) Willful disregard or violation of this Act or its | 23 |
| rules.
| 24 |
| (3) Willfully aiding or abetting another in the | 25 |
| violation of this Act or
its
rules.
|
|
|
|
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| 1 |
| (4) Allowing a license issued under this Act to be used | 2 |
| by an
unlicensed
person.
| 3 |
| (5) Possession, use, acquisition, transfer, handling, | 4 |
| disposal, or storage
of
explosive materials in a manner | 5 |
| that endangers the public health, safety, or
welfare.
| 6 |
| (6) Refusal to produce records or reports or permit any | 7 |
| inspection lawfully requested by the Department. | 8 |
| (7) Failure to make, keep, or submit any record or | 9 |
| report required by this Act or its implementing | 10 |
| regulations; or making, keeping, or submitting a false | 11 |
| record or report. | 12 |
| (8) Material misstatement in the application for an | 13 |
| original or renewal license. | 14 |
| (c) (Blank). Subject to the provisions of Sections 5003 | 15 |
| through 5005 of this Act,
the Department shall refuse to issue | 16 |
| or renew a license or shall take any other
disciplinary action | 17 |
| as the Department may deem proper, including the imposition
of | 18 |
| fines not to exceed $5,000 for each occurrence, if the | 19 |
| applicant or licensee
fails to comply with or satisfy the | 20 |
| requirements of any provision of this Act
and for any of the | 21 |
| following reasons:
| 22 |
| (1) Refusal to produce records or reports or permit any | 23 |
| inspection
lawfully
requested by the Department.
| 24 |
| (2) Failure to make, keep, or submit any record or | 25 |
| report required by this
Act or its implementing | 26 |
| regulations; or making, keeping, or submitting a
false |
|
|
|
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| 1 |
| record or report.
| 2 |
| (d) (Blank). Subject to the provisions of Sections 5003 | 3 |
| through 5005 of this Act,
violation of or non-compliance with | 4 |
| any provision of this Act or its
implementing regulations | 5 |
| constitutes grounds for disciplinary action,
license | 6 |
| revocation, or both.
| 7 |
| (e) All fines collected under this Section shall be | 8 |
| deposited into the
Explosives Regulatory Fund.
| 9 |
| (Source: P.A. 87-835; 88-599, eff. 9-1-94.)
| 10 |
| (225 ILCS 210/3000) (from Ch. 96 1/2, par. 1-3000)
| 11 |
| Sec. 3000. Storage requirements; exemptions. | 12 |
| (a) No person, unless otherwise exempt excepted , shall | 13 |
| store explosive
materials unless a storage certificate has been | 14 |
| issued by the Department.
The Department shall, by rule, | 15 |
| establish requirements for the storage of
explosive materials | 16 |
| including magazine construction, magazine maintenance
and the | 17 |
| distances from which magazines or factory buildings must be
| 18 |
| separated from other magazines, buildings, railroads and | 19 |
| highways. In
establishing magazine construction, maintenance | 20 |
| and distance requirements,
the Department shall differentiate, | 21 |
| as appropriate, between types,
classifications and quantities | 22 |
| of explosive materials and shall fully
consider nationally | 23 |
| recognized industry standards and the standards
enforced by | 24 |
| agencies of the federal government including the Bureau of
| 25 |
| Alcohol, Tobacco, and Firearms of the United States Department |
|
|
|
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| 1 |
| of the Treasury.
| 2 |
| (b) This Article does not apply to the purchase, receipt, | 3 |
| possession, or use of black powder solely for sporting, | 4 |
| recreational, or cultural purposes by an individual for his or | 5 |
| her own use or for his or her immediate family living in the | 6 |
| same household, unless the quantity of black powder is more | 7 |
| than 5 pounds. Black powder in quantities greater than 5 pounds | 8 |
| must be stored in accordance with this Article, regardless of | 9 |
| the intended usage. | 10 |
| (Source: P.A. 86-364.)
| 11 |
| (225 ILCS 210/3001) (from Ch. 96 1/2, par. 1-3001)
| 12 |
| Sec. 3001. Storage requirements; Magazines.
| 13 |
| (a) No person shall possess or store explosive materials
| 14 |
| unless such explosive materials are stored in a magazine or in | 15 |
| a factory
building in accordance with this Act except while | 16 |
| being transported or being
used in preparation for blasting or | 17 |
| while in the custody of a common
carrier awaiting shipment or | 18 |
| delivery to a consignee during the time
permitted by federal | 19 |
| law .
| 20 |
| (b) Not more than 300,000 pounds of explosive materials | 21 |
| shall be stored in any magazine at
any one time.
| 22 |
| (c) (Blank). Magazines in which explosive materials shall | 23 |
| be lawfully kept or
stored shall be constructed of brick, | 24 |
| concrete, iron, wood covered with
iron or other suitable | 25 |
| materials. The magazine shall not have openings
except for |
|
|
|
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|
| 1 |
| ventilation and entrance. Blasting caps, detonating or
| 2 |
| fulminating caps, or detonators shall be kept or stored in a | 3 |
| separate
magazine from magazines where other explosive | 4 |
| materials are kept or stored
and a storage certificate shall be | 5 |
| obtained from the Department in
accordance with Section 3002.
| 6 |
| (d) (Blank). The doors of magazines shall be kept closed
| 7 |
| and locked at all times, except when opened for storage or | 8 |
| removal of
explosive materials by persons authorized to enter | 9 |
| the magazine. Sufficient
openings shall be provided for | 10 |
| ventilation and shall be screened to prevent
the entrance of | 11 |
| sparks, except that magazines containing only black powder
may | 12 |
| be constructed without openings for ventilation. At each | 13 |
| magazine
site there shall at all times be kept conspicuously | 14 |
| posted warning signs
as specified by the Department. All | 15 |
| explosive materials must be
stored within the magazine in their | 16 |
| original containers and such containers
shall be plainly marked | 17 |
| with the name of the explosive contained
therein. Except for | 18 |
| testing purposes in accordance with Section 5009, no
individual | 19 |
| shall discharge firearms within 500 feet of a magazine or | 20 |
| factory
building, or at or against any such building or | 21 |
| magazine.
| 22 |
| (e) (Blank). Magazines and the areas surrounding magazines | 23 |
| shall be maintained,
as provided by rule, to avoid fire or | 24 |
| explosive hazards.
| 25 |
| (Source: P.A. 86-364; 87-835.)
|
|
|
|
09600HB6416ham002 |
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|
| 1 |
| (225 ILCS 210/3002) (from Ch. 96 1/2, par. 1-3002)
| 2 |
| Sec. 3002. Storage Certificates.
| 3 |
| (a) No person shall store explosive
materials until he has | 4 |
| obtained a storage certificate from the Department.
No storage | 5 |
| certificate shall be required, however, where holes are drilled
| 6 |
| and the explosive materials are upon delivery, immediately and | 7 |
| continuously
loaded into the holes for blasting from the mobile | 8 |
| container in which they
were delivered. The container shall at | 9 |
| all times be attended by an
authorized agent or employee of the | 10 |
| seller or the user of the explosive
materials. In no event | 11 |
| shall the mobile container of explosive materials
be exempt | 12 |
| unless it is completely unloaded for blasting. Every person to
| 13 |
| which this Section applies shall submit an application report | 14 |
| to the Department, on forms
furnished by the Department, | 15 |
| containing the following information:
| 16 |
| (1) the location or proposed location of a magazine;
| 17 |
| (2) the kind and maximum quantity of explosive | 18 |
| materials intended to
be generally stored in the magazine; | 19 |
| and
| 20 |
| (3) the distance or intended distance of the magazine | 21 |
| from the nearest
magazine, building, railroad and highway; | 22 |
| and
| 23 |
| (4) the name, explosive license number, and residence | 24 |
| and business addresses of the person
designated as | 25 |
| "magazine keeper" ; | 26 |
| (5) a description of the purposes for which explosive |
|
|
|
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|
| 1 |
| materials are intended to be stored or used; and | 2 |
| (6) any other information that the Department deems | 3 |
| necessary to implement the requirements of this Act .
| 4 |
| (b) All storage
certificate application fees collected | 5 |
| under this Act shall be deposited into
the Explosives | 6 |
| Regulatory Fund.
Following receipt of an application such | 7 |
| report , the Department shall inspect the
magazine. If it finds | 8 |
| that the magazine is located and constructed in
accordance with | 9 |
| this Act and rules adopted promulgated by the Department, then | 10 |
| it shall
determine the quantity of explosive materials that may | 11 |
| be stored in such
magazine and shall issue a storage | 12 |
| certificate to the applicant showing
compliance with this Act | 13 |
| and the maximum quantity of explosive materials
that may be | 14 |
| stored in the magazine. The storage certificate shall be
| 15 |
| prominently and conspicuously posted at the magazine .
| 16 |
| (c) A storage certificate holder's authority to store | 17 |
| explosives shall be limited to the type, maximum quantity, and | 18 |
| purpose specified in his or her application to the Department, | 19 |
| unless the certificate holder is granted a modification to the | 20 |
| storage certificate. The Department shall approve any | 21 |
| modification to the storage certificate if the certificate | 22 |
| holder requests a modification and he or she meets the | 23 |
| requirements of this Act. If any person to whom the certificate | 24 |
| has been issued keeps or
stores explosive materials in excess | 25 |
| of the amount authorized by the
certificate, or stores | 26 |
| explosives material for a different purpose than indicated in |
|
|
|
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|
| 1 |
| the application without first obtaining the Department's | 2 |
| approval to modify the certificate, then the Department may | 3 |
| cancel the certificate or initiate an enforcement action . | 4 |
| Whenever there
are changes in the physical conditions | 5 |
| surrounding a magazine, such as the
erection of buildings, | 6 |
| operation of railways or opening of highways near
such | 7 |
| magazine, the Department shall, in accordance with the changed
| 8 |
| conditions, modify or cancel the certificate. Upon | 9 |
| cancellation of the
certificate, the magazine keeper owner | 10 |
| shall immediately remove all explosive materials
from the | 11 |
| magazine. The magazine keeper owner or user of a magazine shall | 12 |
| promptly notify
the Department of any change in conditions.
| 13 |
| (d) Storage certificates issued under this Act are not | 14 |
| transferable. In
the event of the lease, sale or other transfer | 15 |
| of the business or
operations covered by the certificate, the | 16 |
| new owner, tenant or successor
in interest must obtain the | 17 |
| storage certificate required by this Article
before storing | 18 |
| explosive materials.
| 19 |
| (e) No individual may act as a magazine keeper unless | 20 |
| licensed under Article 2 of this Act. | 21 |
| (Source: P.A. 87-835; 88-599, eff. 9-1-94.)
| 22 |
| (225 ILCS 210/4002) (from Ch. 96 1/2, par. 1-4002)
| 23 |
| Sec. 4002. Reporting accidents, incidents, theft, or loss | 24 |
| Theft or loss . | 25 |
| (a) A licensee or certificate holder shall immediately |
|
|
|
09600HB6416ham002 |
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|
| 1 |
| report to the Department, in a manner and form prescribed by | 2 |
| the Department, any incident or accident related to explosive | 3 |
| materials that results in personal injury or property damage. | 4 |
| (b) The theft or loss of explosive
materials shall be | 5 |
| reported within 24 hours of the discovery by the
licensee or | 6 |
| certificate holder to the Department and to local law
| 7 |
| enforcement authorities.
| 8 |
| (Source: P.A. 86-364.)
| 9 |
| (225 ILCS 210/4003) (from Ch. 96 1/2, par. 1-4003)
| 10 |
| Sec. 4003. Recordkeeping and inspection.
| 11 |
| (a) All license and certificate
holders shall maintain such | 12 |
| records pertaining to the possession, use,
purchase, transfer | 13 |
| and storage of explosive materials as the Department may
| 14 |
| prescribe and shall furnish the Department or its authorized
| 15 |
| representatives such records or other relevant information | 16 |
| legally
requested by the Department or its representatives. In | 17 |
| establishing record
keeping requirements, the Department shall | 18 |
| consider the requirements imposed by
agencies of the federal | 19 |
| government to avoid duplication or inconsistency. All records | 20 |
| required by the Department related to the possession, use, | 21 |
| purchase, transfer, or storage of explosive materials shall be | 22 |
| maintained for a minimum of 3 years.
| 23 |
| (b) (Blank). Every person selling or giving away an | 24 |
| explosive material shall keep
at his principal office or place | 25 |
| of business a journal, book of record or
other record setting |
|
|
|
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|
| 1 |
| forth, in legible writing, a complete history of the
| 2 |
| transaction, including the following: (1) the name and quantity | 3 |
| of the
explosive material, (2) the identification numbers of | 4 |
| each
stick and container, (3) the name, residence and business | 5 |
| address of the
purchaser, (4) the address to which the | 6 |
| explosive material is to be
delivered, if different, and (5) | 7 |
| the name and address, social security number,
driver's license | 8 |
| number, and brief physical description of the individual
taking | 9 |
| the explosive material and the type and license number of the
| 10 |
| vehicle by which it is to be transported. The record keeping | 11 |
| requirements
of this subsection do not apply when such | 12 |
| transaction is between the
manufacturer of the explosive | 13 |
| material and that manufacturer's employees
when the explosive | 14 |
| materials involved are
being shipped by common carrier direct | 15 |
| from the manufacturer's place of
business. Such journal, book | 16 |
| of record or other record shall be open to
inspection by the | 17 |
| Department or by law enforcement agencies.
No explosive | 18 |
| materials shall be sold, given away or otherwise disposed of
or | 19 |
| delivered to any person under 21 years of age, whether such | 20 |
| person is
acting for himself or another.
| 21 |
| (c) All license and certificate holders shall
permit their | 22 |
| facilities to be inspected at reasonable times and in a
| 23 |
| reasonable manner by representatives of the Department.
| 24 |
| (Source: P.A. 86-364; 87-835.)
| 25 |
| (225 ILCS 210/5001) (from Ch. 96 1/2, par. 1-5001)
|
|
|
|
09600HB6416ham002 |
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LRB096 21046 ASK 39497 a |
|
| 1 |
| Sec. 5001. Powers, duties and functions of Department. In | 2 |
| addition to the
powers, duties and functions vested in the | 3 |
| Department by this Act, or by
other laws of this State, the | 4 |
| Department shall have the full powers and authority to carry | 5 |
| out and administer this Act, including has the following | 6 |
| powers,
duties , and functions:
| 7 |
| (a) To adopt promulgate reasonable rules consistent with | 8 |
| this Act
to carry out the purposes and enforce the provisions | 9 |
| of this Act.
| 10 |
| (b) To prescribe and furnish application forms,
licenses, | 11 |
| certificates and any other forms necessary under this Act.
| 12 |
| (c) To prescribe examinations which reasonably test the
| 13 |
| applicant's knowledge of the safe and proper use, storage, | 14 |
| possession,
handling, and transfer of
explosive materials.
| 15 |
| (d) To establish and enforce reasonable standards for the | 16 |
| use,
storage, disposal and transfer of explosive materials.
| 17 |
| (e) To issue licenses and certificates to qualified | 18 |
| applicants who
comply with the requirements of this Act and its | 19 |
| rules.
| 20 |
| (f) To suspend, revoke or refuse to issue or renew licenses | 21 |
| or
certificates, or take other disciplinary action, including | 22 |
| the
imposition of fines.
All fines collected under this Act | 23 |
| shall be deposited into the Explosives
Regulatory Fund.
| 24 |
| (g) To establish by rule the expiration and renewal period | 25 |
| for licenses
and certificates issued under this Act, and to | 26 |
| establish and collect
license and certificate application |
|
|
|
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|
| 1 |
| fees, fingerprint card fees required by the Illinois State | 2 |
| Police for criminal identification purposes , and such other | 3 |
| fees as
are authorized or necessary under this Act.
| 4 |
| (h) To conduct and prescribe rules of procedure for | 5 |
| hearings under this Act.
| 6 |
| (i) To appoint qualified inspectors
to periodically visit | 7 |
| places where explosive materials may be stored or
used, and to | 8 |
| make such other inspections as are necessary to determine
| 9 |
| satisfactory compliance with this Act.
| 10 |
| (j) To receive data and assistance from federal, State and | 11 |
| local
governmental agencies, and to obtain copies of | 12 |
| identification and arrest
data from all federal, State and | 13 |
| local law enforcement agencies for use in
carrying out the | 14 |
| purposes and functions of the Department and this Act.
| 15 |
| (k) To receive and respond to inquiries from the industry, | 16 |
| public,
and agencies or instrumentalities of the State, and to | 17 |
| offer advice, make
recommendations and provide monitoring | 18 |
| services pertinent to such inquiries
regarding the safe and | 19 |
| proper storage, handling, and use of explosive materials.
| 20 |
| (l) To inform, advise, and assist institute or cause to be | 21 |
| instituted legal proceedings in the
circuit court by the | 22 |
| State's Attorney of the county where any
noncompliance with or | 23 |
| violation of this Act occurs when the State's Attorney is | 24 |
| seeking criminal charges against a person pursuant to Section | 25 |
| 5010 or 5011 of this Act .
| 26 |
| (m) To bring an action in the name of the
Department, |
|
|
|
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|
| 1 |
| through the Attorney General of the State of Illinois, whenever
| 2 |
| it appears to the Department that any person is engaged or is | 3 |
| about to
engage in any acts or practices that constitute or may | 4 |
| constitute a
violation of the provisions of this Act or its | 5 |
| rules,
for an order enjoining such violation or for an order
| 6 |
| enforcing compliance with this Act. Upon filing of a verified | 7 |
| petition in
such court, the court may issue a temporary | 8 |
| restraining order without
notice or bond and may preliminarily | 9 |
| or permanently enjoin such violation.
If it is established that | 10 |
| such person has violated or is violating the
injunction, the | 11 |
| court may punish the offender for contempt of court.
| 12 |
| Proceedings under this paragraph are in addition to, and not in | 13 |
| lieu
of, all other remedies and penalties provided for by this | 14 |
| Act.
| 15 |
| (n) The powers, duties and functions vested in the | 16 |
| Department under the
provisions of this Act shall not be | 17 |
| construed to affect in any manner the
powers, duties and | 18 |
| functions vested in the Department under any other provision
of | 19 |
| law.
| 20 |
| (Source: P.A. 87-835; 88-599, eff. 9-1-94.)
| 21 |
| (225 ILCS 210/5003) (from Ch. 96 1/2, par. 1-5003)
| 22 |
| Sec. 5003. Appeal to Department; Hearing; Notice.
| 23 |
| (a) Whenever the Department intends to refuse to issue or | 24 |
| renew or to
suspend, revoke or take other disciplinary action | 25 |
| with respect to a license
or certificate,
the Department shall |
|
|
|
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| 1 |
| give notice to the applicant or holder. Such notice
shall be in | 2 |
| writing, shall state specifically the grounds upon which the
| 3 |
| Department intends to take the indicated action and shall be | 4 |
| served by
delivery of the same personally to the applicant or | 5 |
| holder, or by mailing
the same by registered or certified mail | 6 |
| to the applicant or holder's last
known address. The aggrieved | 7 |
| party may appeal to the
Department for a hearing. The applicant | 8 |
| or holder shall request such a
hearing in writing within 30 | 9 |
| days after notice is mailed.
The provisions
of Sections 5003 | 10 |
| through 5005 shall not apply to decisions of the
Department to | 11 |
| deny a license or certificate based on an applicant's failure
| 12 |
| to satisfy any age or examination requirements.
| 13 |
| (b) Upon the receipt of a request for a hearing, the | 14 |
| Department shall
order a hearing to be held.
The hearing | 15 |
| proceedings shall be commenced within 30 days after of the | 16 |
| receipt by the
Department of the request for a hearing unless | 17 |
| the hearing is continued for
good cause at the request of any | 18 |
| party.
The Department shall, at least 10 days prior to the date | 19 |
| set for the hearing,
notify in writing the applicant for or | 20 |
| holder of a license or certificate
that a hearing will be held | 21 |
| at the place and on the date designated in the
notice to | 22 |
| determine whether the applicant or holder is qualified to hold | 23 |
| a
license or certificate, and that the Department shall afford | 24 |
| the
applicant or holder an
opportunity to be heard. Such | 25 |
| written notice may be served by personal
delivery to the | 26 |
| applicant or holder, or by mailing the notice by registered
or |
|
|
|
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|
| 1 |
| certified mail to the applicant or holder's last known address.
| 2 |
| (c) At the time and place
fixed in the notice, the | 3 |
| Department shall proceed to hear the appeal, and
all parties to | 4 |
| the proceeding shall have the opportunity to present such
| 5 |
| statements, testimony, evidence and argument as may be relevant | 6 |
| to the
proceeding. Hearings shall be conducted by hearing | 7 |
| officers appointed by
the Department, and an authorized agent | 8 |
| of the Department may administer
oaths to witnesses at any | 9 |
| hearing which the Department is authorized to
conduct. The | 10 |
| Department, if necessary, may continue such hearing from time
| 11 |
| to time. Hearing officers may authorize reasonable discovery by | 12 |
| any party. The Illinois Code of Civil Procedure and Illinois | 13 |
| Supreme Court rules shall not be applicable to hearing | 14 |
| proceedings under this Section.
| 15 |
| (d) Nothing in this Section shall be construed to limit the
| 16 |
| authority of the Department to deny, refuse to issue or renew, | 17 |
| or suspend,
revoke , or take other disciplinary action with | 18 |
| respect to a license or
certificate if the applicant or holder | 19 |
| waives the right to a hearing by
failing to request a hearing | 20 |
| within the prescribed time after notice is mailed
received .
| 21 |
| (Source: P.A. 87-835; 88-599, eff. 9-1-94.)
| 22 |
| (225 ILCS 210/5004) (from Ch. 96 1/2, par. 1-5004)
| 23 |
| Sec. 5004. Record of proceedings; transcript. The | 24 |
| Department or aggrieved party may shall
provide at its or his | 25 |
| or her expense a certified shorthand reporter to take down the
|
|
|
|
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|
| 1 |
| testimony and preserve a record of all proceedings at the | 2 |
| hearing of any
case involving denial or refusal to issue or | 3 |
| renew a license or
certificate, or the suspension or revocation | 4 |
| or other discipline of a
license or certificate. Copies of the | 5 |
| transcript of such record may be
purchased from the certified | 6 |
| shorthand reporter who prepared the record.
| 7 |
| (Source: P.A. 86-364.)
| 8 |
| (225 ILCS 210/5006) (from Ch. 96 1/2, par. 1-5006)
| 9 |
| Sec. 5006. Actions without notice of hearing. | 10 |
| Notwithstanding any other provision of this Act, whenever the | 11 |
| Department
finds that a condition or practice exists which | 12 |
| could reasonably be
expected to cause death or serious physical | 13 |
| harm or property damage, and if
the Department
incorporates a | 14 |
| finding to that effect in an order, it may summarily suspend
or | 15 |
| revoke a license or certificate, or order such immediate action | 16 |
| as may
be necessary to abate the condition or practice. | 17 |
| Whenever summary action is
taken under this Section, the | 18 |
| Department shall, simultaneously with such
action, serve upon | 19 |
| the holder a copy of its order which shall be effective
| 20 |
| immediately. Upon the request of the aggrieved party, the | 21 |
| Department shall conduct a hearing regarding its order in | 22 |
| accordance with the requirements of Sections 5003, 5004, and | 23 |
| 5005 of this Act. A hearing, if properly requested, shall be | 24 |
| commenced within 15
days of the date of the order and concluded | 25 |
| as soon as practicably possible .
|
|
|
|
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LRB096 21046 ASK 39497 a |
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| (Source: P.A. 87-835; 88-599, eff. 9-1-94.)
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| (225 ILCS 210/5008) (from Ch. 96 1/2, par. 1-5008)
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| Sec. 5008. Administrative Review Law. All final
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| administrative decisions of the Department under this Act are
| 5 |
| subject to judicial review pursuant to the Administrative | 6 |
| Review Law (735 ILCS 5/3-101 et seq.) , as
now or hereafter | 7 |
| amended, and its rules.
The term "administrative decision" is | 8 |
| defined as in Section 3-101
of the Code of Civil Procedure. | 9 |
| Appeals from all orders and judgments
entered by the court, in | 10 |
| reviewing a final administrative decision of the
Department, | 11 |
| may be taken by any party to the action as in other civil
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| cases. Pending final decision on such review, the acts, orders | 13 |
| and rulings
of the Department shall remain in full force and | 14 |
| effect unless modified or
suspended by order of court pending | 15 |
| final judicial decision. The Department
shall not be required | 16 |
| to certify any record to the court or file any answer
in court | 17 |
| or otherwise appear in any court in a judicial review | 18 |
| proceeding,
unless there is filed in the court with the | 19 |
| complaint a receipt from the
Department acknowledging payment | 20 |
| of the costs of furnishing and certifying
the record, which | 21 |
| costs shall be computed at the rate of 35 cents
per page.
| 22 |
| Failure on the part of the plaintiff to file such receipt
in | 23 |
| court shall be grounds for dismissal of the action.
| 24 |
| (Source: P.A. 88-599, eff. 9-1-94.)
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09600HB6416ham002 |
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LRB096 21046 ASK 39497 a |
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| 1 |
| (225 ILCS 210/5010) (from Ch. 96 1/2, par. 1-5010)
| 2 |
| Sec. 5010. Unlawful possession. Any person subject to this | 3 |
| Act
who possesses an explosive material without having obtained | 4 |
| a valid license
or certificate under this Act is guilty of a | 5 |
| Class 3 felony unless otherwise
exempted under Section 1005 or | 6 |
| 2000 of this Act. Any person subject to this Act who transfers | 7 |
| explosive material to a person who does not possess a valid | 8 |
| license or certificate under this Act is guilty of a Class 3 | 9 |
| felony unless otherwise exempted under Section 1005 or 2000 of | 10 |
| this Act .
| 11 |
| (Source: P.A. 86-364.)
| 12 |
| (225 ILCS 210/3003 rep.)
| 13 |
| (225 ILCS 210/5002 rep.)
| 14 |
| (225 ILCS 210/5014 rep.)
| 15 |
| Section 20. The Illinois Explosives Act is amended by | 16 |
| repealing Sections 3003, 5002, and 5014.
| 17 |
| Section 99. Effective date. This Act takes effect January | 18 |
| 1, 2011.".
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