100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4115

Introduced , by Rep. Jonathan Carroll

SYNOPSIS AS INTRODUCED:

`225 ILCS 210/1003`	`from Ch. 96 1/2, par. 1-1003`
`225 ILCS 210/1005`

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

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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.