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Public Act 096-1194 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Explosives Act is amended by | ||||
changing Sections 1002, 1003, 1004, 2000, 2001, 2002, 2003, | ||||
2004, 2005, 2007, 2008, 2011, 3000, 3001, 3002, 4002, 4003, | ||||
5001, 5003, 5004, 5006, 5008, and 5010 and by adding Section | ||||
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 | ||||
to be the policy of this State that safety and security are
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primary considerations in the storage, use, acquisition, | ||||
possession,
disposal and transfer of explosive materials.
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An appropriate and thorough system of training, licensing , | ||||
and certification is
necessary to promote these considerations | ||||
by assuring that these products
are handled only by qualified | ||||
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, | ||||
association,
partnership, or other legal entity.
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(b) "Explosive materials" means explosives, blasting | ||
agents, and detonators.
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(c) "Explosive" means any chemical compound, mixture , or | ||
device (1) , the
primary or common purpose of which is to | ||
function by explosion and (2) that is classified as a Division | ||
1.1, 1.2, or 1.3 material under 49 CFR 173.50, as now or | ||
hereafter amended, renumbered, or succeeded. The term includes
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high and or low explosives. Manufactured articles, including, | ||
but not limited
to, fixed ammunition for small arms, fire | ||
crackers, safety fuses, and
matches are not explosives when the | ||
individual units contain explosives
in such limited quantity | ||
and of such nature or in such packing that it is
impossible to | ||
produce a simultaneous or a destructive explosion of such
units | ||
which would be injurious to life, limb or property.
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(d) "Blasting agent" means any material or mixture that (1) | ||
consists consisting of a fuel
and oxidizer intended for | ||
blasting, not otherwise defined as an explosive,
provided that | ||
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, | ||
as defined
by the Bureau of Alcohol, Tobacco , and Firearms and | ||
Explosives , U.S. Department of
Treasury, when unconfined and | ||
(2) is classified as a Division 1.5 material under 49 CFR | ||
173.50, as now or hereafter amended, renumbered, or succeeded .
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(d-5) "Crime punishable by imprisonment for a term | ||
exceeding one year" does not mean (1) any federal or state | ||
offenses pertaining to antitrust violations, unfair trade |
practices, restraint of trade, or similar offenses relating to | ||
the regulation of business practices as the Secretary of the | ||
Treasury may by regulation designate or (2) any State offense, | ||
other than one involving a firearm or explosive, classified by | ||
the laws of the State as a misdemeanor or punishable by a term | ||
of imprisonment of 2 years or less. | ||
(e) "Detonator" means any device that (1) contains | ||
containing any initiating or primary
explosive that is used for | ||
initiating detonation and (2) is classified as Division 1.1 or | ||
1.4 material under 49 CFR 173.50, as now or hereafter amended, | ||
renumbered, or succeeded . A detonator may not
contain more than | ||
10 grams of total explosives by weight, excluding
ignition or | ||
delay charges.
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(f) "Highway" means any public street, public road highway , | ||
or public alley and includes privately financed, constructed, | ||
or maintained roads that are regularly and openly traveled by | ||
the general public .
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(g) "Railroad" or "railway" means any public steam, | ||
electric or other
railroad or rail system which carries | ||
passengers for hire, but shall not
include auxiliary tracks, | ||
spurs and sidings installed and primarily used in
serving any | ||
mine, quarry or plant.
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(h) "Building" means and includes any building regularly | ||
occupied, in
whole or in part, as a habitation for human | ||
beings, and any church,
schoolhouse, railway station or other | ||
building where people are accustomed to
assemble, but does not |
mean or include any buildings of a mine or quarry
or any of the | ||
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 | ||
structure in which the
manufacture or any part of the | ||
manufacture of explosive materials is conducted.
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(j) "Magazine" means any building or other structure or | ||
container, other
than a factory building, used to store | ||
explosive materials. Where mobile
or portable type 5 magazines | ||
are permissible and used, "magazine", for the
purpose of | ||
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 | ||
licensed by the Department under Article 2 of this Act who is | ||
responsible for the acquisition, storage, use, possession, | ||
transfer, and disposal of explosive materials, including | ||
inventory and transaction records, and responsible
for the | ||
inventory and safe storage of explosive materials, including | ||
the
proper maintenance of explosive materials, storage | ||
magazines , and
surrounding areas.
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(l) "Black powder" means a deflagrating or low explosive | ||
compound of an
intimate mixture of sulfur, charcoal and an | ||
alkali nitrate, usually
potassium or sodium nitrate.
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(m) "Municipality" means includes cities, villages, and | ||
incorporated towns ,
and townships.
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(n) "Fugitive from justice" means any individual who has |
fled from the
jurisdiction of any court of record to avoid | ||
prosecution for any crime or
to avoid giving testimony in any | ||
criminal proceeding. This term shall also
include any | ||
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 | ||
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 | ||
the Department
under Article 3 of this Act that authorizes the | ||
holder to store explosive
materials in the magazine for which | ||
the certificate is issued.
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(s) "License" means that license issued by the Department | ||
under Article
2 of this Act authorizing the holder to possess, | ||
use, purchase, transfer or
dispose of, but not to store, | ||
explosive materials.
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(t) "Transfer" of explosive materials means to sell, give, | ||
distribute, or otherwise dispose of explosive materials. | ||
(u) "Use" of explosive materials means the detonation, | ||
ignition, deflagration, or any other means of initiating | ||
explosive materials. | ||
(v) "Disposal" of explosive materials means to render inert | ||
pursuant to manufacturer's recommendations or commonly | ||
accepted industry standards. | ||
(w) "BATFE" means the federal Bureau of Alcohol, Tobacco, |
Firearms and Explosives. | ||
(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 | ||
requirements
of any federal or State laws and regulations and | ||
shall apply to all
acquisition, storage, use, possession, | ||
transfer and disposal of explosive
materials, except as | ||
provided in Sections 1005, 2000, and 3000 of this Act this | ||
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 | ||
explosive nature when
the use of such fertilizers is for | ||
agricultural or horticultural purposes;
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(2) a common or contract carrier authorized to carry | ||
explosive material
pursuant to the Interstate Commerce Act | ||
or by the Illinois Commerce Commission;
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(3) the purchase, receipt, possession or use, by an | ||
individual, of
primers or propellant power used in muzzle | ||
loading firearms, hand
loading, reloading or custom | ||
loading ammunition for small arms for his own
use or for | ||
that of his immediate family;
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(4) the possession or purchase from dealers, importers | ||
or manufacturers
by any person who holds a valid Illinois | ||
Firearm Owner's Identification
Card of smokeless small | ||
arms propellant in quantities not to exceed 25
pounds, |
black powder not to exceed 5 pounds, and small arms primers | ||
or
percussion caps for muzzle loading arms
in containers | ||
provided by the manufacturer or containers generally
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recognized as being suitable for the transportation and | ||
storage, or
commerce in these items at retail, or the | ||
transportation or use of the
items by any such person in | ||
muzzle loading small arms, or in loading
ammunition for | ||
small arms; or
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(5) The acquisition, possession, use, transfer or | ||
disposal of explosive
materials in connection with mine, | ||
quarry, construction, manufacturing
or wholesale or retail | ||
dealership operations in the ordinary course of
business | ||
provided that (A) the operator has obtained a storage | ||
certificate
from the Department in accordance with Article | ||
3 of this Act, (B) the
acquisition, possession, use, | ||
transfer or disposal of explosive materials
is limited to | ||
the operator's business operations,
and (C) the person or | ||
persons designated as "magazine keeper" satisfy the
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licensure requirements, other than an examination, of | ||
Article 2 of this Act.
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(b) The storage requirements of Article 3 shall not apply | ||
to black powder
in quantities not to exceed 5 pounds or | ||
smokeless powder explosives in
quantities not to exceed 25 | ||
pounds, however:
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(1) all black powder and smokeless powder shall be | ||
stored in shipping
containers as required by regulations of |
the U.S. Department of
Transportation, except as | ||
hereinafter provided;
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(2) black powder in quantities not to exceed 5 pounds | ||
and
smokeless powder in quantities not to exceed 25 pounds | ||
intended for
personal use may be stored in original | ||
containers in a
locked wooden box or cabinet having walls | ||
of at least one inch nominal
thickness; and
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(3) black powder in quantities exceeding 5 pounds shall | ||
be stored
in magazines constructed and located as specified | ||
in this Act and no black
powder or smokeless powder shall | ||
be commercially displayed.
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(c) Notwithstanding the requirements of Articles 2 and 3, a | ||
person
licensed as a manufacturer or dealer in explosive | ||
materials may sell, give
or dispose of explosive materials to a | ||
non-resident of Illinois who is duly
licensed in the state of | ||
his residence. Possession and transportation
within this State | ||
by such non-residents shall conform to the laws of this
State, | ||
except that the requirements of Section 2001, requiring a | ||
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) | ||
Sec. 1005. Exemptions. | ||
(a) This Act does not apply to any aspect of the | ||
transporting of explosive materials via railroad, water, | ||
highway, or air that is regulated by the United States |
Department of Transportation and agencies thereof, or state | ||
agencies with similar jurisdiction, and which pertains to | ||
safety. | ||
A person who is licensed under Article 2 of this Act or | ||
holds a storage certificate under Article 3 of this Act may | ||
transfer explosive materials to a non-resident of Illinois if | ||
the transfer is limited to the purpose of transporting the | ||
explosive materials. The non-resident may not use or store | ||
explosive materials within Illinois unless he or she is | ||
licensed under Article 2 of this Act or holds a storage | ||
certificate under Article 3 of this Act. | ||
(b) This Act does not apply to an agricultural fertilizer | ||
if the use of the agricultural fertilizer is for agricultural | ||
or horticultural purposes. | ||
(c) This Act does not apply to the possession, use, | ||
purchase, transfer, storage, or disposal of explosive material | ||
by United States military or other agencies of the United | ||
States; or to arsenals, navy yards, depots, or other | ||
establishments owned or operated by the United States. | ||
(d) Government agencies and their employees that are (1) | ||
subject to the requirements of this Act and, (2) in the | ||
exercise of their official emergency response functions, are | ||
required to store, use, or possess explosive materials, shall | ||
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. | ||
(a) The license requirements of this Article apply to all
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explosive materials unless otherwise excepted under this | ||
Section or Section 1005 of this Act .
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(b) This Article does not apply to the purchase, receipt, | ||
possession, or use of black powder solely for sporting, | ||
recreational, or cultural purposes by an individual for his or | ||
her own use or for his or her immediate family living in the | ||
same household. This includes components for use in muzzle | ||
loading firearms and other antique devices and hand loading, | ||
reloading, or custom loading fixed ammunition. | ||
(c) A person is not required to have a license under this | ||
Article for the acquisition, possession, use, transfer, or | ||
disposal of explosive materials in connection with mine, | ||
quarry, construction, manufacturing, or wholesale or retail | ||
explosive materials operations if (1) the person holds a | ||
storage certificate under Article 3 of this Act and (2) the | ||
acquisition, possession, use, transfer, or disposal of the | ||
explosive materials is limited to the purpose authorized by his | ||
or her storage certificate. | ||
In addition to the person who holds the storage | ||
certificate, this exemption shall also apply to any employee, | ||
contractor, or other authorized individual if he or she is | ||
under the direct supervision of an individual who is either | ||
licensed under this Act, licensed for blasting operations or | ||
use of explosives in aggregate mining operations under the |
Surface-Mined Land Conservation and Reclamation Act, certified | ||
for blasting or use of explosives in mining operations under | ||
the Surface Coal Mining Land Conservation and Reclamation Act, | ||
or certified as a shot firer under the Coal Mining Act. Direct | ||
supervision requires the supervising individual to be | ||
physically present at all times during the use or disposal of | ||
the explosive materials. | ||
(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 | ||
shall acquire, possess, use, transfer, or dispose of purchase | ||
or transfer explosive
materials unless licensed by the | ||
Department except as otherwise provided under Section 1005 or | ||
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. | ||
Applications by individuals for original licenses shall be made | ||
to the
Department, in writing, on forms prescribed by the | ||
Department. The application
shall be accompanied by the | ||
required fee, which is not refundable.
All license application | ||
fees collected under this provision of this Act shall
be | ||
deposited into the Explosives Regulatory Fund.
The application |
shall require such information as in the judgment of
the | ||
Department will enable the Department to pass on the | ||
qualifications of
the applicant for a license. It shall | ||
include, but need not be limited to,
information concerning | ||
age, full name of applicant, present residence, date
of birth, | ||
sex, physical description, social security number or drivers
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license number, and the purpose for which and the place or | ||
places where the
explosive materials are to be used or | ||
possessed. Each applicant shall file,
with his application, | ||
fingerprint based data, or other state of the art criminal | ||
identification data, cards in the form and manner required by
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the Illinois Department of State Police to enable the Illinois | ||
Department of State Police to
conduct criminal history checks | ||
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 | ||
fees ; law enforcement exemption . Each applicant for a license | ||
shall
submit, in addition to the license fee, a fee specified | ||
by the Illinois Department
of State Police for processing | ||
fingerprint based data, or other state of the art criminal | ||
identification data, cards which may be made payable
to the | ||
State Police Services Fund and shall be remitted to the | ||
Illinois
Department of State Police for deposit into that fund. | ||
Law enforcement personnel who apply for an explosives license |
in order to carry out their official functions may be exempted | ||
from the criminal history background requirement provided the | ||
law enforcement agency submits documentation that the | ||
applicant has previously been subjected to a criminal history | ||
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 | ||
receipt of an
application, the Department shall investigate the | ||
eligibility of the
applicant. The Department has authority to | ||
request and receive from any
federal, state or local | ||
governmental agency such information and assistance
as will | ||
enable the Department him to carry out its his powers and | ||
duties under this Act. The Illinois
Department of State Police | ||
shall cause the fingerprint based data or other state of the | ||
art criminal identification data fingerprints of each | ||
applicant
to be compared with the fingerprint based data or | ||
other state of the art criminal identification data | ||
fingerprints of criminals now or hereafter filed with
the | ||
Illinois Department of State Police and with federal law | ||
enforcement agencies
maintaining official criminal | ||
identification fingerprint files. The investigation shall | ||
include,
but is not limited to, an oral examination and a | ||
written examination as to the
applicant's knowledge and ability | ||
regarding basic safety, possession,
handling, use, storage, |
disposal and transportation of explosives. Passage
of these | ||
examinations is prerequisite to being considered for license
| ||
issuance. Such
examinations may be administered by any person | ||
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. | ||
(a) No person shall qualify to hold a license who: | ||
(1) is under 21 years of age; | ||
(2) has been convicted in any court of a crime | ||
punishable by imprisonment for a term exceeding one year; | ||
(3) is under indictment for a crime punishable by | ||
imprisonment for a term exceeding one year; | ||
(4) is a fugitive from justice; | ||
(5) is an unlawful user of or addicted to any | ||
controlled substance as defined in Section 102 of the | ||
federal Controlled Substances Act (21 U.S.C. Sec. 802 et | ||
seq.); | ||
(6) has been adjudicated a mental defective; or | ||
(7) is not a legal citizen of the United States. | ||
(b) A person who has been granted a "relief from | ||
disabilities" regarding criminal convictions and indictments, | ||
pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. | ||
845) may receive a license provided all other qualifications | ||
under this Act are met. |
A person is qualified to receive
a license under this Act if | ||
the person meets the following minimum
requirements:
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(1) is at least 21 years of age;
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(2) has not willfully violated any
provisions of this | ||
Act;
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(3) has not made any material misstatement or
knowingly | ||
withheld information in connection with any original or
| ||
renewal application;
| ||
(4) has not been declared incompetent by any competent | ||
court
by reasons of mental or physical defect or disease | ||
unless a
court has since declared him competent;
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(5) does not abuse alcohol or prescription drugs or use | ||
illegal drugs;
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(6) has not been convicted in any jurisdiction of any | ||
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 | ||
not listed in
subsection (6) of this Section may be taken | ||
into account in determining
moral character but shall not | ||
operate as an absolute bar to licensure; and
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(9) has passed the oral and written examinations | ||
required under
Section 2004 of this Act.
| ||
A licensee shall continue to meet these requirements in | ||
order to maintain his
license.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(225 ILCS 210/2007) (from Ch. 96 1/2, par. 1-2007)
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Sec. 2007. Fee; Exemptions. Agencies of the United States, | ||
the State
and its political and civil subdivisions which are | ||
subject to the
requirements of this Act, and which, in the | ||
exercise of their emergency response functions,
are required to | ||
store, acquire, possess, use, transfer, or dispose of explosive | ||
materials or possess explosive materials shall not be
liable | ||
for the payment of any fee required by this Act.
| ||
(Source: P.A. 86-364.)
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(225 ILCS 210/2008) (from Ch. 96 1/2, par. 1-2008)
| ||
Sec. 2008. Issuance of license and renewals ; notification | ||
of law enforcement officers Renewal . The Department shall
issue | ||
the appropriate license or renewal where the applicant
| ||
satisfactorily meets the requirements of this Act and no | ||
grounds for
refusal, revocation, or suspension exist. Within 10 | ||
days after
the issuance of an original, replacement, or renewed | ||
license, the Department
shall notify the appropriate law | ||
enforcement officer of the municipality or
county where the | ||
explosive materials are to be used or possessed,
and provide | ||
such officer with any other information pertaining thereto as
| ||
the Director may prescribe.
| ||
(Source: P.A. 88-599, eff. 9-1-94.)
| ||
(225 ILCS 210/2011) (from Ch. 96 1/2, par. 1-2011)
| ||
Sec. 2011. Enforcement action; licenses. Refusal to issue |
or renew license; disciplinary actions.
| ||
(a) Failure to satisfy the age or examination requirements | ||
of Sections
2004 and 2005(1) shall result in automatic license | ||
denial.
| ||
(b) Subject to the provisions of Sections 5003 through 5005 | ||
of this Act, the
Department may suspend, revoke, or shall | ||
refuse to issue or renew a license and may or shall take any | ||
other
disciplinary action that as the Department may deem | ||
proper, including the imposition
of fines not to exceed $5,000 | ||
for each occurrence, if the applicant or licensee
fails to | ||
comply with or satisfy the requirements of any provision of | ||
this Act
and for any of the following reasons:
| ||
(1) Failure to meet or maintain the qualifications for | ||
licensure set forth
in Section 2005.
| ||
(2) Willful disregard or violation of this Act or its | ||
rules.
| ||
(3) Willfully aiding or abetting another in the | ||
violation of this Act or
its
rules.
| ||
(4) Allowing a license issued under this Act to be used | ||
by an
unlicensed
person.
| ||
(5) Possession, use, acquisition, transfer, handling, | ||
disposal, or storage
of
explosive materials in a manner | ||
that endangers the public health, safety, or
welfare.
| ||
(6) Refusal to produce records or reports or permit any | ||
inspection lawfully requested by the Department. | ||
(7) Failure to make, keep, or submit any record or |
report required by this Act or its implementing | ||
regulations; or making, keeping, or submitting a false | ||
record or report. | ||
(8) Material misstatement in the application for an | ||
original or renewal license. | ||
(c) (Blank). Subject to the provisions of Sections 5003 | ||
through 5005 of this Act,
the Department shall refuse to issue | ||
or renew a license or shall take any other
disciplinary action | ||
as the Department may deem proper, including the imposition
of | ||
fines not to exceed $5,000 for each occurrence, if the | ||
applicant or licensee
fails to comply with or satisfy the | ||
requirements of any provision of this Act
and for any of the | ||
following reasons:
| ||
(1) Refusal to produce records or reports or permit any | ||
inspection
lawfully
requested by the Department.
| ||
(2) Failure to make, keep, or submit any record or | ||
report required by this
Act or its implementing | ||
regulations; or making, keeping, or submitting a
false | ||
record or report.
| ||
(d) (Blank). Subject to the provisions of Sections 5003 | ||
through 5005 of this Act,
violation of or non-compliance with | ||
any provision of this Act or its
implementing regulations | ||
constitutes grounds for disciplinary action,
license | ||
revocation, or both.
| ||
(e) All fines collected under this Section shall be | ||
deposited into the
Explosives Regulatory Fund.
|
(Source: P.A. 87-835; 88-599, eff. 9-1-94.)
| ||
(225 ILCS 210/3000) (from Ch. 96 1/2, par. 1-3000)
| ||
Sec. 3000. Storage requirements; exemptions. | ||
(a) No person, unless otherwise exempt excepted , shall | ||
store explosive
materials unless a storage certificate has been | ||
issued by the Department.
The Department shall, by rule, | ||
establish requirements for the storage of
explosive materials | ||
including magazine construction, magazine maintenance
and the | ||
distances from which magazines or factory buildings must be
| ||
separated from other magazines, buildings, railroads and | ||
highways. In
establishing magazine construction, maintenance | ||
and distance requirements,
the Department shall differentiate, | ||
as appropriate, between types,
classifications and quantities | ||
of explosive materials and shall fully
consider nationally | ||
recognized industry standards and the standards
enforced by | ||
agencies of the federal government including the Bureau of
| ||
Alcohol, Tobacco, and Firearms of the United States Department | ||
of the Treasury.
| ||
(b) This Article does not apply to the purchase, receipt, | ||
possession, or use of black powder solely for sporting, | ||
recreational, or cultural purposes by an individual for his or | ||
her own use or for his or her immediate family living in the | ||
same household, unless the quantity of black powder is more | ||
than 5 pounds. Black powder in quantities greater than 5 pounds | ||
must be stored in accordance with this Article, regardless of |
the intended usage. | ||
(Source: P.A. 86-364.)
| ||
(225 ILCS 210/3001) (from Ch. 96 1/2, par. 1-3001)
| ||
Sec. 3001. Storage requirements; Magazines.
| ||
(a) No person shall possess or store explosive materials
| ||
unless such explosive materials are stored in a magazine or in | ||
a factory
building in accordance with this Act except while | ||
being transported or being
used in preparation for blasting or | ||
while in the custody of a common
carrier awaiting shipment or | ||
delivery to a consignee during the time
permitted by federal | ||
law .
| ||
(b) Not more than 300,000 pounds of explosive materials | ||
shall be stored in any magazine at
any one time.
| ||
(c) (Blank). Magazines in which explosive materials shall | ||
be lawfully kept or
stored shall be constructed of brick, | ||
concrete, iron, wood covered with
iron or other suitable | ||
materials. The magazine shall not have openings
except for | ||
ventilation and entrance. Blasting caps, detonating or
| ||
fulminating caps, or detonators shall be kept or stored in a | ||
separate
magazine from magazines where other explosive | ||
materials are kept or stored
and a storage certificate shall be | ||
obtained from the Department in
accordance with Section 3002.
| ||
(d) (Blank). The doors of magazines shall be kept closed
| ||
and locked at all times, except when opened for storage or | ||
removal of
explosive materials by persons authorized to enter |
the magazine. Sufficient
openings shall be provided for | ||
ventilation and shall be screened to prevent
the entrance of | ||
sparks, except that magazines containing only black powder
may | ||
be constructed without openings for ventilation. At each | ||
magazine
site there shall at all times be kept conspicuously | ||
posted warning signs
as specified by the Department. All | ||
explosive materials must be
stored within the magazine in their | ||
original containers and such containers
shall be plainly marked | ||
with the name of the explosive contained
therein. Except for | ||
testing purposes in accordance with Section 5009, no
individual | ||
shall discharge firearms within 500 feet of a magazine or | ||
factory
building, or at or against any such building or | ||
magazine.
| ||
(e) (Blank). Magazines and the areas surrounding magazines | ||
shall be maintained,
as provided by rule, to avoid fire or | ||
explosive hazards.
| ||
(Source: P.A. 86-364; 87-835.)
| ||
(225 ILCS 210/3002) (from Ch. 96 1/2, par. 1-3002)
| ||
Sec. 3002. Storage Certificates.
| ||
(a) No person shall store explosive
materials until he has | ||
obtained a storage certificate from the Department.
No storage | ||
certificate shall be required, however, where holes are drilled
| ||
and the explosive materials are upon delivery, immediately and | ||
continuously
loaded into the holes for blasting from the mobile | ||
container in which they
were delivered. The container shall at |
all times be attended by an
authorized agent or employee of the | ||
seller or the user of the explosive
materials. In no event | ||
shall the mobile container of explosive materials
be exempt | ||
unless it is completely unloaded for blasting. Every person to
| ||
which this Section applies shall submit an application report | ||
to the Department, on forms
furnished by the Department, | ||
containing the following information:
| ||
(1) the location or proposed location of a magazine;
| ||
(2) the kind and maximum quantity of explosive | ||
materials intended to
be generally stored in the magazine; | ||
and
| ||
(3) the distance or intended distance of the magazine | ||
from the nearest
magazine, building, railroad and highway; | ||
and
| ||
(4) the name, explosive license number, and residence | ||
and business addresses of the person
designated as | ||
"magazine keeper" ; | ||
(5) a description of the purposes for which explosive | ||
materials are intended to be stored or used; and | ||
(6) any other information that the Department deems | ||
necessary to implement the requirements of this Act .
| ||
(b) All storage
certificate application fees collected | ||
under this Act shall be deposited into
the Explosives | ||
Regulatory Fund.
Following receipt of an application such | ||
report , the Department shall inspect the
magazine. If it finds | ||
that the magazine is located and constructed in
accordance with |
this Act and rules adopted promulgated by the Department, then | ||
it shall
determine the quantity of explosive materials that may | ||
be stored in such
magazine and shall issue a storage | ||
certificate to the applicant showing
compliance with this Act | ||
and the maximum quantity of explosive materials
that may be | ||
stored in the magazine. The storage certificate shall be
| ||
prominently and conspicuously posted at the magazine .
| ||
(c) A storage certificate holder's authority to store | ||
explosives shall be limited to the type, maximum quantity, and | ||
purpose specified in his or her application to the Department, | ||
unless the certificate holder is granted a modification to the | ||
storage certificate. The Department shall approve any | ||
modification to the storage certificate if the certificate | ||
holder requests a modification and he or she meets the | ||
requirements of this Act. If any person to whom the certificate | ||
has been issued keeps or
stores explosive materials in excess | ||
of the amount authorized by the
certificate, or stores | ||
explosives material for a different purpose than indicated in | ||
the application without first obtaining the Department's | ||
approval to modify the certificate, then the Department may | ||
cancel the certificate or initiate an enforcement action . | ||
Whenever there
are changes in the physical conditions | ||
surrounding a magazine, such as the
erection of buildings, | ||
operation of railways or opening of highways near
such | ||
magazine, the Department shall, in accordance with the changed
| ||
conditions, modify or cancel the certificate. Upon |
cancellation of the
certificate, the magazine keeper owner | ||
shall immediately remove all explosive materials
from the | ||
magazine. The magazine keeper owner or user of a magazine shall | ||
promptly notify
the Department of any change in conditions.
| ||
(d) Storage certificates issued under this Act are not | ||
transferable. In
the event of the lease, sale or other transfer | ||
of the business or
operations covered by the certificate, the | ||
new owner, tenant or successor
in interest must obtain the | ||
storage certificate required by this Article
before storing | ||
explosive materials.
| ||
(e) No individual may act as a magazine keeper unless | ||
licensed under Article 2 of this Act. | ||
(Source: P.A. 87-835; 88-599, eff. 9-1-94.)
| ||
(225 ILCS 210/4002) (from Ch. 96 1/2, par. 1-4002)
| ||
Sec. 4002. Reporting accidents, incidents, theft, or loss | ||
Theft or loss . | ||
(a) A licensee or certificate holder shall immediately | ||
report to the Department, in a manner and form prescribed by | ||
the Department, any incident or accident related to explosive | ||
materials that results in personal injury or property damage. | ||
(b) The theft or loss of explosive
materials shall be | ||
reported within 24 hours of the discovery by the
licensee or | ||
certificate holder to the Department and to local law
| ||
enforcement authorities.
| ||
(Source: P.A. 86-364.)
|
(225 ILCS 210/4003) (from Ch. 96 1/2, par. 1-4003)
| ||
Sec. 4003. Recordkeeping and inspection.
| ||
(a) All license and certificate
holders shall maintain such | ||
records pertaining to the possession, use,
purchase, transfer | ||
and storage of explosive materials as the Department may
| ||
prescribe and shall furnish the Department or its authorized
| ||
representatives such records or other relevant information | ||
legally
requested by the Department or its representatives. In | ||
establishing record
keeping requirements, the Department shall | ||
consider the requirements imposed by
agencies of the federal | ||
government to avoid duplication or inconsistency. All records | ||
required by the Department related to the possession, use, | ||
purchase, transfer, or storage of explosive materials shall be | ||
maintained for a minimum of 3 years.
| ||
(b) (Blank). Every person selling or giving away an | ||
explosive material shall keep
at his principal office or place | ||
of business a journal, book of record or
other record setting | ||
forth, in legible writing, a complete history of the
| ||
transaction, including the following: (1) the name and quantity | ||
of the
explosive material, (2) the identification numbers of | ||
each
stick and container, (3) the name, residence and business | ||
address of the
purchaser, (4) the address to which the | ||
explosive material is to be
delivered, if different, and (5) | ||
the name and address, social security number,
driver's license | ||
number, and brief physical description of the individual
taking |
the explosive material and the type and license number of the
| ||
vehicle by which it is to be transported. The record keeping | ||
requirements
of this subsection do not apply when such | ||
transaction is between the
manufacturer of the explosive | ||
material and that manufacturer's employees
when the explosive | ||
materials involved are
being shipped by common carrier direct | ||
from the manufacturer's place of
business. Such journal, book | ||
of record or other record shall be open to
inspection by the | ||
Department or by law enforcement agencies.
No explosive | ||
materials shall be sold, given away or otherwise disposed of
or | ||
delivered to any person under 21 years of age, whether such | ||
person is
acting for himself or another.
| ||
(c) All license and certificate holders shall
permit their | ||
facilities to be inspected at reasonable times and in a
| ||
reasonable manner by representatives of the Department.
| ||
(Source: P.A. 86-364; 87-835.)
| ||
(225 ILCS 210/5001) (from Ch. 96 1/2, par. 1-5001)
| ||
Sec. 5001. Powers, duties and functions of Department. In | ||
addition to the
powers, duties and functions vested in the | ||
Department by this Act, or by
other laws of this State, the | ||
Department shall have the full powers and authority to carry | ||
out and administer this Act, including has the following | ||
powers,
duties , and functions:
| ||
(a) To adopt promulgate reasonable rules consistent with | ||
this Act
to carry out the purposes and enforce the provisions |
of this Act.
| ||
(b) To prescribe and furnish application forms,
licenses, | ||
certificates and any other forms necessary under this Act.
| ||
(c) To prescribe examinations which reasonably test the
| ||
applicant's knowledge of the safe and proper use, storage, | ||
possession,
handling, and transfer of
explosive materials.
| ||
(d) To establish and enforce reasonable standards for the | ||
use,
storage, disposal and transfer of explosive materials.
| ||
(e) To issue licenses and certificates to qualified | ||
applicants who
comply with the requirements of this Act and its | ||
rules.
| ||
(f) To suspend, revoke or refuse to issue or renew licenses | ||
or
certificates, or take other disciplinary action, including | ||
the
imposition of fines.
All fines collected under this Act | ||
shall be deposited into the Explosives
Regulatory Fund.
| ||
(g) To establish by rule the expiration and renewal period | ||
for licenses
and certificates issued under this Act, and to | ||
establish and collect
license and certificate application | ||
fees, fingerprint card fees required by the Illinois State | ||
Police for criminal identification purposes , and such other | ||
fees as
are authorized or necessary under this Act.
| ||
(h) To conduct and prescribe rules of procedure for | ||
hearings under this Act.
| ||
(i) To appoint qualified inspectors
to periodically visit | ||
places where explosive materials may be stored or
used, and to | ||
make such other inspections as are necessary to determine
|
satisfactory compliance with this Act.
| ||
(j) To receive data and assistance from federal, State and | ||
local
governmental agencies, and to obtain copies of | ||
identification and arrest
data from all federal, State and | ||
local law enforcement agencies for use in
carrying out the | ||
purposes and functions of the Department and this Act.
| ||
(k) To receive and respond to inquiries from the industry, | ||
public,
and agencies or instrumentalities of the State, and to | ||
offer advice, make
recommendations and provide monitoring | ||
services pertinent to such inquiries
regarding the safe and | ||
proper storage, handling, and use of explosive materials.
| ||
(l) To inform, advise, and assist institute or cause to be | ||
instituted legal proceedings in the
circuit court by the | ||
State's Attorney of the county where any
noncompliance with or | ||
violation of this Act occurs when the State's Attorney is | ||
seeking criminal charges against a person pursuant to Section | ||
5010 or 5011 of this Act .
| ||
(m) To bring an action in the name of the
Department, | ||
through the Attorney General of the State of Illinois, whenever
| ||
it appears to the Department that any person is engaged or is | ||
about to
engage in any acts or practices that constitute or may | ||
constitute a
violation of the provisions of this Act or its | ||
rules,
for an order enjoining such violation or for an order
| ||
enforcing compliance with this Act. Upon filing of a verified | ||
petition in
such court, the court may issue a temporary | ||
restraining order without
notice or bond and may preliminarily |
or permanently enjoin such violation.
If it is established that | ||
such person has violated or is violating the
injunction, the | ||
court may punish the offender for contempt of court.
| ||
Proceedings under this paragraph are in addition to, and not in | ||
lieu
of, all other remedies and penalties provided for by this | ||
Act.
| ||
(n) The powers, duties and functions vested in the | ||
Department under the
provisions of this Act shall not be | ||
construed to affect in any manner the
powers, duties and | ||
functions vested in the Department under any other provision
of | ||
law.
| ||
(Source: P.A. 87-835; 88-599, eff. 9-1-94.)
| ||
(225 ILCS 210/5003) (from Ch. 96 1/2, par. 1-5003)
| ||
Sec. 5003. Appeal to Department; Hearing; Notice.
| ||
(a) Whenever the Department intends to refuse to issue or | ||
renew or to
suspend, revoke or take other disciplinary action | ||
with respect to a license
or certificate,
the Department shall | ||
give notice to the applicant or holder. Such notice
shall be in | ||
writing, shall state specifically the grounds upon which the
| ||
Department intends to take the indicated action and shall be | ||
served by
delivery of the same personally to the applicant or | ||
holder, or by mailing
the same by registered or certified mail | ||
to the applicant or holder's last
known address. The aggrieved | ||
party may appeal to the
Department for a hearing. The applicant | ||
or holder shall request such a
hearing in writing within 30 |
days after notice is mailed.
The provisions
of Sections 5003 | ||
through 5005 shall not apply to decisions of the
Department to | ||
deny a license or certificate based on an applicant's failure
| ||
to satisfy any age or examination requirements.
| ||
(b) Upon the receipt of a request for a hearing, the | ||
Department shall
order a hearing to be held.
The hearing | ||
proceedings shall be commenced within 30 days after of the | ||
receipt by the
Department of the request for a hearing unless | ||
the hearing is continued for
good cause at the request of any | ||
party.
The Department shall, at least 10 days prior to the date | ||
set for the hearing,
notify in writing the applicant for or | ||
holder of a license or certificate
that a hearing will be held | ||
at the place and on the date designated in the
notice to | ||
determine whether the applicant or holder is qualified to hold | ||
a
license or certificate, and that the Department shall afford | ||
the
applicant or holder an
opportunity to be heard. Such | ||
written notice may be served by personal
delivery to the | ||
applicant or holder, or by mailing the notice by registered
or | ||
certified mail to the applicant or holder's last known address.
| ||
(c) At the time and place
fixed in the notice, the | ||
Department shall proceed to hear the appeal, and
all parties to | ||
the proceeding shall have the opportunity to present such
| ||
statements, testimony, evidence and argument as may be relevant | ||
to the
proceeding. Hearings shall be conducted by hearing | ||
officers appointed by
the Department, and an authorized agent | ||
of the Department may administer
oaths to witnesses at any |
hearing which the Department is authorized to
conduct. The | ||
Department, if necessary, may continue such hearing from time
| ||
to time. Hearing officers may authorize reasonable discovery by | ||
any party. The Illinois Code of Civil Procedure and Illinois | ||
Supreme Court rules shall not be applicable to hearing | ||
proceedings under this Section.
| ||
(d) Nothing in this Section shall be construed to limit the
| ||
authority of the Department to deny, refuse to issue or renew, | ||
or suspend,
revoke , or take other disciplinary action with | ||
respect to a license or
certificate if the applicant or holder | ||
waives the right to a hearing by
failing to request a hearing | ||
within the prescribed time after notice is mailed
received .
| ||
(Source: P.A. 87-835; 88-599, eff. 9-1-94.)
| ||
(225 ILCS 210/5004) (from Ch. 96 1/2, par. 1-5004)
| ||
Sec. 5004. Record of proceedings; transcript. The | ||
Department or aggrieved party may shall
provide at its or his | ||
or her expense a certified shorthand reporter to take down the
| ||
testimony and preserve a record of all proceedings at the | ||
hearing of any
case involving denial or refusal to issue or | ||
renew a license or
certificate, or the suspension or revocation | ||
or other discipline of a
license or certificate. Copies of the | ||
transcript of such record may be
purchased from the certified | ||
shorthand reporter who prepared the record.
| ||
(Source: P.A. 86-364.)
|
(225 ILCS 210/5006) (from Ch. 96 1/2, par. 1-5006)
| ||
Sec. 5006. Actions without notice of hearing. | ||
Notwithstanding any other provision of this Act, whenever the | ||
Department
finds that a condition or practice exists which | ||
could reasonably be
expected to cause death or serious physical | ||
harm or property damage, and if
the Department
incorporates a | ||
finding to that effect in an order, it may summarily suspend
or | ||
revoke a license or certificate, or order such immediate action | ||
as may
be necessary to abate the condition or practice. | ||
Whenever summary action is
taken under this Section, the | ||
Department shall, simultaneously with such
action, serve upon | ||
the holder a copy of its order which shall be effective
| ||
immediately. Upon the request of the aggrieved party, the | ||
Department shall conduct a hearing regarding its order in | ||
accordance with the requirements of Sections 5003, 5004, and | ||
5005 of this Act. A hearing, if properly requested, shall be | ||
commenced within 15
days of the date of the order and concluded | ||
as soon as practicably possible.
| ||
(Source: P.A. 87-835; 88-599, eff. 9-1-94.)
| ||
(225 ILCS 210/5008) (from Ch. 96 1/2, par. 1-5008)
| ||
Sec. 5008. Administrative Review Law. All final
| ||
administrative decisions of the Department under this Act are
| ||
subject to judicial review pursuant to the Administrative | ||
Review Law (735 ILCS 5/3-101 et seq.) , as
now or hereafter | ||
amended, and its rules.
The term "administrative decision" is |
defined as in Section 3-101
of the Code of Civil Procedure. | ||
Appeals from all orders and judgments
entered by the court, in | ||
reviewing a final administrative decision of the
Department, | ||
may be taken by any party to the action as in other civil
| ||
cases. Pending final decision on such review, the acts, orders | ||
and rulings
of the Department shall remain in full force and | ||
effect unless modified or
suspended by order of court pending | ||
final judicial decision. The Department
shall not be required | ||
to certify any record to the court or file any answer
in court | ||
or otherwise appear in any court in a judicial review | ||
proceeding,
unless there is filed in the court with the | ||
complaint a receipt from the
Department acknowledging payment | ||
of the costs of furnishing and certifying
the record, which | ||
costs shall be computed at the rate of 35 cents
per page.
| ||
Failure on the part of the plaintiff to file such receipt
in | ||
court shall be grounds for dismissal of the action.
| ||
(Source: P.A. 88-599, eff. 9-1-94.)
| ||
(225 ILCS 210/5010) (from Ch. 96 1/2, par. 1-5010)
| ||
Sec. 5010. Unlawful possession. Any person subject to this | ||
Act
who possesses an explosive material without having obtained | ||
a valid license
or certificate under this Act is guilty of a | ||
Class 3 felony unless otherwise
exempted under Section 1005 or | ||
2000 of this Act. Any person subject to this Act who transfers | ||
explosive material to a person who does not possess a valid | ||
license or certificate under this Act is guilty of a Class 3 |
felony unless otherwise exempted under Section 1005 or 2000 of | ||
this Act .
| ||
(Source: P.A. 86-364.)
| ||
(225 ILCS 210/3003 rep.)
| ||
(225 ILCS 210/5002 rep.)
| ||
(225 ILCS 210/5014 rep.)
| ||
Section 20. The Illinois Explosives Act is amended by | ||
repealing Sections 3003, 5002, and 5014.
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2011.
|