Full Text of HB4115 100th General Assembly
HB4115 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4115 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED: |
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225 ILCS 210/1003 | from Ch. 96 1/2, par. 1-1003 |
225 ILCS 210/1005 | |
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Amends the Illinois Explosives Act. Provides that the definition of "explosive" includes pre-packaged explosive components. Defines "pre-packaged explosive components". Provides that it is not a violation of the Act for an individual to use, purchase, possess, dispose, or transfer pre-packaged explosive components if the individual has applied for a license under the Act within 90 days after the effective date of the amendatory Act, unless the application has been denied by the Department of Natural Resources. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Explosives Act is amended by | 5 | | changing Sections 1003 and 1005 as follows:
| 6 | | (225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003)
| 7 | | Sec. 1003. Definitions. As used in this Act:
| 8 | | (a) "Person" means any individual, corporation, company, | 9 | | association,
partnership, or other legal entity.
| 10 | | (b) "Explosive materials" means explosives, blasting | 11 | | agents, and detonators.
| 12 | | (c) "Explosive" means any chemical compound, mixture, or | 13 | | device (1) the
primary or common purpose of which is to | 14 | | function by explosion and (2) that is classified as a Division | 15 | | 1.1, 1.2, or 1.3 material under 49 CFR 173.50, as now or | 16 | | hereafter amended, renumbered, or succeeded. The term includes
| 17 | | high and low explosives. "Explosive" includes pre-packaged | 18 | | explosive components.
| 19 | | (d) "Blasting agent" means any material or mixture that (1) | 20 | | consists of a fuel
and oxidizer intended for blasting, not | 21 | | otherwise defined as an explosive,
provided that the finished | 22 | | product, as mixed and packaged for use or
shipment, cannot be | 23 | | detonated by means of a No. 8 blasting cap, as defined
by the |
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| 1 | | Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. | 2 | | Department of
Treasury, when unconfined and (2) is classified | 3 | | as a Division 1.5 material under 49 CFR 173.50, as now or | 4 | | hereafter amended, renumbered, or succeeded.
| 5 | | (d-5) "Crime punishable by imprisonment for a term | 6 | | exceeding one year" does not mean (1) any federal or state | 7 | | offenses pertaining to antitrust violations, unfair trade | 8 | | practices, restraint of trade, or similar offenses relating to | 9 | | the regulation of business practices as the Secretary of the | 10 | | Treasury may by regulation designate or (2) any State offense, | 11 | | other than one involving a firearm or explosive, classified by | 12 | | the laws of the State as a misdemeanor or punishable by a term | 13 | | of imprisonment of 2 years or less. | 14 | | (e) "Detonator" means any device that (1) contains any | 15 | | initiating or primary
explosive that is used for initiating | 16 | | detonation and (2) is classified as Division 1.1 or 1.4 | 17 | | material under 49 CFR 173.50, as now or hereafter amended, | 18 | | renumbered, or succeeded. A detonator may not
contain more than | 19 | | 10 grams of total explosives by weight, excluding
ignition or | 20 | | delay charges.
| 21 | | (f) "Highway" means any public street, public road, or | 22 | | public alley and includes privately financed, constructed, or | 23 | | maintained roads that are regularly and openly traveled by the | 24 | | general public.
| 25 | | (g) "Railroad" or "railway" means any public steam, | 26 | | electric or other
railroad or rail system which carries |
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| 1 | | passengers for hire, but shall not
include auxiliary tracks, | 2 | | spurs and sidings installed and primarily used in
serving any | 3 | | mine, quarry or plant.
| 4 | | (h) "Building" means and includes any building regularly | 5 | | occupied, in
whole or in part, as a habitation for human | 6 | | beings, and any church,
schoolhouse, railway station or other | 7 | | building where people are accustomed to
assemble, but does not | 8 | | mean or include any buildings of a mine or quarry
or any of the | 9 | | buildings of a manufacturing plant where the business of
| 10 | | manufacturing explosive materials is conducted.
| 11 | | (i) "Factory building" means any building or other | 12 | | structure in which the
manufacture or any part of the | 13 | | manufacture of explosive materials is conducted.
| 14 | | (j) "Magazine" means any building or other structure or | 15 | | container, other
than a factory building, used to store | 16 | | explosive materials. Where mobile
or portable type 5 magazines | 17 | | are permissible and used, "magazine", for the
purpose of | 18 | | obtaining certificates and calculating fees, means the site on
| 19 | | which such magazines are located.
| 20 | | (k) "Magazine keeper" means a qualified supervisory person | 21 | | licensed by the Department under Article 2 of this Act who is | 22 | | responsible for the acquisition, storage, use, possession, | 23 | | transfer, and disposal of explosive materials, including | 24 | | inventory and transaction records, and the
proper maintenance | 25 | | of explosive materials, storage magazines, and
surrounding | 26 | | areas.
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| 1 | | (l) "Black powder" means a deflagrating or low explosive | 2 | | compound of an
intimate mixture of sulfur, charcoal and an | 3 | | alkali nitrate, usually
potassium or sodium nitrate.
| 4 | | (m) "Municipality" means cities, villages, incorporated | 5 | | towns,
and townships.
| 6 | | (n) "Fugitive from justice" means any individual who has | 7 | | fled from the
jurisdiction of any court of record to avoid | 8 | | prosecution for any crime or
to avoid giving testimony in any | 9 | | criminal proceeding. This term shall also
include any | 10 | | individual who has been convicted of any crime and has fled to
| 11 | | avoid imprisonment.
| 12 | | (o) "Department" means the Department of Natural | 13 | | Resources.
| 14 | | (p) (Blank).
| 15 | | (q) "Director" means the Director of Natural Resources.
| 16 | | (r) "Storage certificate" means the certificate issued by | 17 | | the Department
under Article 3 of this Act that authorizes the | 18 | | holder to store explosive
materials in the magazine for which | 19 | | the certificate is issued.
| 20 | | (s) "License" means that license issued by the Department | 21 | | under Article
2 of this Act authorizing the holder to possess, | 22 | | use, purchase, transfer or
dispose of, but not to store, | 23 | | explosive materials.
| 24 | | (t) "Transfer" of explosive materials means to sell, give, | 25 | | distribute, or otherwise dispose of explosive materials. | 26 | | (u) "Use" of explosive materials means the detonation, |
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| 1 | | ignition, deflagration, or any other means of initiating | 2 | | explosive materials. | 3 | | (v) "Disposal" of explosive materials means to render inert | 4 | | pursuant to manufacturer's recommendations or commonly | 5 | | accepted industry standards. | 6 | | (w) "BATFE" means the federal Bureau of Alcohol, Tobacco, | 7 | | Firearms and Explosives. | 8 | | (x) "Pre-packaged explosive components" means a | 9 | | pre-packaged product containing 2 or more unmixed, | 10 | | commercially manufactured chemical substances that are not | 11 | | independently classified as explosives but which when mixed or | 12 | | combined, results in an explosive material subject to | 13 | | regulation by the federal Bureau of Alcohol, Tobacco, Firearms, | 14 | | and Explosives under Title 27 CFR Part 555. | 15 | | (Source: P.A. 96-1194, eff. 1-1-11.)
| 16 | | (225 ILCS 210/1005) | 17 | | Sec. 1005. Exemptions. | 18 | | (a) This Act does not apply to any aspect of the | 19 | | transporting of explosive materials via railroad, water, | 20 | | highway, or air that is regulated by the United States | 21 | | Department of Transportation and agencies thereof, or state | 22 | | agencies with similar jurisdiction, and which pertains to | 23 | | safety. | 24 | | A person who is licensed under Article 2 of this Act or | 25 | | holds a storage certificate under Article 3 of this Act may |
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| 1 | | transfer explosive materials to a non-resident of Illinois if | 2 | | the transfer is limited to the purpose of transporting the | 3 | | explosive materials. The non-resident may not use or store | 4 | | explosive materials within Illinois unless he or she is | 5 | | licensed under Article 2 of this Act or holds a storage | 6 | | certificate under Article 3 of this Act. | 7 | | (b) This Act does not apply to an agricultural fertilizer | 8 | | if the use of the agricultural fertilizer is for agricultural | 9 | | or horticultural purposes. | 10 | | (c) This Act does not apply to the possession, use, | 11 | | purchase, transfer, storage, or disposal of explosive material | 12 | | by United States military or other agencies of the United | 13 | | States; or to arsenals, navy yards, depots, or other | 14 | | establishments owned or operated by the United States. | 15 | | (d) Government agencies and their employees that are (1) | 16 | | subject to the requirements of this Act and, (2) in the | 17 | | exercise of their official emergency response functions, are | 18 | | required to store, use, or possess explosive materials, shall | 19 | | not be subject to any fee required by this Act.
| 20 | | (e) It is not a violation of this Act for an individual to | 21 | | use, purchase, possess, dispose, or transfer pre-packaged | 22 | | explosive components if that individual has applied for a | 23 | | license under this Act within 90 days after the effective date | 24 | | of this amendatory Act of the 100th General Assembly, unless | 25 | | the application has been denied by the Department. | 26 | | (Source: P.A. 96-1194, eff. 1-1-11.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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