SB2431 EngrossedLRB104 09219 AAS 19276 b SB2431 Engrossed LRB104 09219 AAS 19276 b SB2431 Engrossed LRB104 09219 AAS 19276 b 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, 2000, 2001, 2005, 2011, 3001, 3004, 6 4003, 5001, 5010, and 5011 and by adding Article 6 as follows: 7 (225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003) 8 Sec. 1003. Definitions. As used in this Act: 9 (a) "Person" means any individual, corporation, company, 10 association, partnership, or other legal entity. 11 (b) "Explosive materials" means explosives, blasting 12 agents, water gels, and detonators, and all items included 13 with the "List of Explosive Materials" located in 27 CFR 14 555.23. 15 (c) "Explosive" means any chemical compound, mixture, or 16 device (1) the primary or common purpose of which is to 17 function by explosion and (2) that is or can be classified as a 18 Division 1.1, 1.2, or 1.3 material under 49 CFR 173.50 or items 19 included within the "List of Explosive Materials" provided in 20 27 CFR 555.23, as now or hereafter amended, renumbered, or 21 succeeded. The term includes high and low explosives ,any 22 explosive devices weighing over one quarter ounce of explosive 23 material, and display fireworks. "Explosive" does not include SB2431 Engrossed LRB104 09219 AAS 19276 b SB2431 Engrossed- 2 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 2 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 2 - LRB104 09219 AAS 19276 b 1 consumer fireworks that have a bulk total gross weight of 2 under 1,001 pounds. 3 (d) "Blasting agent" means any material or mixture that 4 (1) consists of a fuel and oxidizer intended for blasting, not 5 otherwise defined as an explosive, provided that the finished 6 product, as mixed and packaged for use or shipment, cannot be 7 detonated by means of a No. 8 blasting cap, as defined by the 8 Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. 9 Department of Treasury, when unconfined and (2) is classified 10 as a Division 1.5 material under 49 CFR 173.50, as now or 11 hereafter amended, renumbered, or succeeded. 12 (d-5) (Blank). "Crime punishable by imprisonment for a 13 term exceeding one year" does not mean (1) any federal or state 14 offenses pertaining to antitrust violations, unfair trade 15 practices, restraint of trade, or similar offenses relating to 16 the regulation of business practices as the Secretary of the 17 Treasury may by regulation designate or (2) any State offense, 18 other than one involving a firearm or explosive, classified by 19 the laws of the State as a misdemeanor or punishable by a term 20 of imprisonment of 2 years or less. 21 (e) "Detonator" means any device that (1) contains any 22 initiating or primary explosive that is used for initiating 23 detonation and (2) is classified as Division 1.1 or 1.4 24 material under 49 CFR 173.50, as now or hereafter amended, 25 renumbered, or succeeded. A detonator may not contain more 26 than 10 grams of total explosives by weight, excluding SB2431 Engrossed - 2 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 3 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 3 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 3 - LRB104 09219 AAS 19276 b 1 ignition or delay charges. 2 (f) "Highway" means any public street, public road, or 3 public alley and includes privately financed, constructed, or 4 maintained roads that are regularly and openly traveled by the 5 general public. 6 (g) "Railroad" or "railway" means any public steam, 7 electric or other railroad or rail system which carries 8 passengers for hire, but shall not include auxiliary tracks, 9 spurs and sidings installed and primarily used in serving any 10 mine, quarry or plant. 11 (h) "Building" means and includes any building regularly 12 occupied, in whole or in part, as a habitation for human 13 beings, and any church, schoolhouse, railway station or other 14 building where people are accustomed to assemble, but does not 15 mean or include any buildings of a mine or quarry or any of the 16 buildings of a manufacturing plant where the business of 17 manufacturing explosive materials is conducted. 18 (i) "Factory building" means any building or other 19 structure in which the manufacture or any part of the 20 manufacture of explosive materials is conducted. 21 (j) "Magazine" means any building or other structure or 22 container, other than a factory building, used to store 23 explosive materials. Where mobile or portable type 5 magazines 24 are permissible and used, "magazine", for the purpose of 25 obtaining certificates and calculating fees, means the site on 26 which such magazines are located. SB2431 Engrossed - 3 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 4 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 4 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 4 - LRB104 09219 AAS 19276 b 1 (k) "Magazine keeper" means a qualified supervisory person 2 with an Illinois Individual Explosives License licensed by the 3 Department under Article 2 of this Act who is responsible for 4 the acquisition, storage, use, possession, transfer, and 5 disposal of explosive materials, including inventory and 6 transaction records, and the proper maintenance of explosive 7 materials, storage magazines, and surrounding areas. 8 (l) "Black powder" means a deflagrating or low explosive 9 compound of an intimate mixture of sulfur, charcoal and an 10 alkali nitrate, usually potassium or sodium nitrate. 11 (m) "Municipality" means cities, villages, incorporated 12 towns, and townships. 13 (n) "Fugitive from justice" means any individual who has 14 fled from the jurisdiction of any court of record to avoid 15 prosecution for any crime or to avoid giving testimony in any 16 criminal proceeding. This term shall also include any 17 individual who has been convicted of any crime and has fled to 18 avoid imprisonment. 19 (o) "Department" means the Department of Natural 20 Resources. 21 (p) (Blank). 22 (q) "Director" means the Director of Natural Resources. 23 (r) "Storage certificate" means the certificate issued by 24 the Department under Article 3 of this Act that authorizes the 25 holder to store explosive materials in the magazine for which 26 the certificate is issued. SB2431 Engrossed - 4 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 5 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 5 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 5 - LRB104 09219 AAS 19276 b 1 (s) "License" or "Illinois Individual Explosives License" 2 means a that license that is issued by the Department under 3 Article 2 of this Act authorizing the holder to possess, use, 4 purchase, transfer or dispose of, but not to store, explosive 5 materials. 6 (t) "Transfer" of explosive materials means to sell, give, 7 distribute, or otherwise dispose of explosive materials. 8 (u) "Use" of explosive materials means the detonation, 9 ignition, deflagration, manufacturing, handling, or any other 10 means of initiating explosive materials. 11 (v) "Disposal" of explosive materials means to render 12 inert pursuant to manufacturer's recommendations or commonly 13 accepted industry standards. 14 (w) "BATFE" means the federal Bureau of Alcohol, Tobacco, 15 Firearms and Explosives. 16 (x) "Water gel" means an explosive or blasting agent that 17 contains a substantial proportion of water. 18 (y) "Consumer fireworks" means any small fireworks device 19 designed to produce visible effects by combustion and that 20 must comply with the construction, chemical composition and 21 labeling regulations of the U.S. Consumer Product Safety 22 Commission (16 CFR 1500 and 1507). "Consumer fireworks" 23 includes some small devices designed to produce audible 24 effects, such as whistling devices, ground devices containing 25 50 mg (0.77 grain) or less of explosive materials, and aerial 26 devices containing 130 mg (2 grains) or less of explosive SB2431 Engrossed - 5 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 6 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 6 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 6 - LRB104 09219 AAS 19276 b 1 materials. "Consumer fireworks" are classified as explosives, 2 Class 1, Division 1.4, UN0336 or UN0337 in 49 CFR 172.101. 3 (Source: P.A. 96-1194, eff. 1-1-11.) 4 (225 ILCS 210/2000) (from Ch. 96 1/2, par. 1-2000) 5 Sec. 2000. Scope; exemptions. 6 (a) The license requirements of this Article apply to all 7 explosive materials unless otherwise excepted under this 8 Section or Section 1005 of this Act. 9 (b) This Article does not apply to the purchase, receipt, 10 possession, or use of black powder solely for sporting, 11 recreational, or cultural purposes by an individual for his or 12 her own use or for his or her immediate family living in the 13 same household. This includes components for use in muzzle 14 loading firearms and other antique devices and hand loading, 15 reloading, or custom loading fixed ammunition. 16 (c) A person is not required to have a license under this 17 Article for the acquisition, possession, use, transfer, or 18 disposal of explosive materials in connection with mine, 19 quarry, construction, demolition, manufacturing, or wholesale 20 or retail explosive materials operations if (1) the person 21 holds a storage certificate under Article 3 of this Act and (2) 22 the acquisition, possession, use, transfer, or disposal of the 23 explosive materials is limited to the purpose authorized by 24 his or her storage certificate. 25 In addition to the person who holds the storage SB2431 Engrossed - 6 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 7 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 7 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 7 - LRB104 09219 AAS 19276 b 1 certificate, this exemption shall also apply to any employee, 2 contractor, or other authorized individual if he or she is 3 under the direct supervision of an individual who is either 4 licensed under this Act or , licensed for blasting operations 5 or use of explosives in aggregate mining operations under the 6 Surface-Mined Land Conservation and Reclamation Act, certified 7 for blasting or use of explosives in mining operations under 8 the Surface Coal Mining Land Conservation and Reclamation Act, 9 or certified as a shot firer under the Coal Mining Act. Direct 10 supervision requires the supervising individual to be 11 physically present at all times during the use or disposal of 12 the explosive materials. 13 (Source: P.A. 96-1194, eff. 1-1-11.) 14 (225 ILCS 210/2001) (from Ch. 96 1/2, par. 1-2001) 15 Sec. 2001. Illinois Individual Explosives License 16 Unlicensed activity; non-residents. No person shall acquire, 17 possess, use, transfer, or dispose of explosive materials 18 unless the person has obtained a valid Illinois Individual 19 Explosives License issued licensed by the Department, except 20 as provided under Section 1005 or 2000 of this Act and the 21 Pyrotechnic Distributor and Operator Licensing Act. 22 (Source: P.A. 96-1194, eff. 1-1-11.) 23 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005) 24 Sec. 2005. Qualifications for licensure. SB2431 Engrossed - 7 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 8 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 8 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 8 - LRB104 09219 AAS 19276 b 1 (a) No person shall qualify to hold a license who: 2 (1) is under 21 years of age; 3 (2) has been convicted in any court of a crime 4 punishable by imprisonment for a term exceeding one year; 5 (3) is under indictment for a crime punishable by 6 imprisonment for a term exceeding one year; 7 (4) is a fugitive from justice; 8 (5) is an unlawful user of or addicted to alcohol or 9 any controlled substance as defined in Section 102 of the 10 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 11 seq.); 12 (6) has been adjudicated a person with a mental 13 disability as defined in Section 1.1 of the Firearm Owners 14 Identification Card Act or the person's FOID card is 15 suspended or revoked; or 16 (7) is not a legal citizen of the United States or 17 lawfully admitted for permanent residence. 18 (b) A person who has been granted a "relief from 19 disabilities" regarding criminal convictions and indictments, 20 pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 21 845) may receive a license provided all other qualifications 22 under this Act are met. 23 (Source: P.A. 101-541, eff. 8-23-19.) 24 (225 ILCS 210/2011) (from Ch. 96 1/2, par. 1-2011) 25 Sec. 2011. Enforcement action; licenses. SB2431 Engrossed - 8 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 9 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 9 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 9 - LRB104 09219 AAS 19276 b 1 (a) Failure to satisfy the age or examination requirements 2 of Sections 2004 and 2005(1) shall result in automatic license 3 denial. 4 (b) Subject to the provisions of Sections 5003 through 5 5005 of this Act, the Department may suspend, revoke, or 6 refuse to issue or renew a license and may take any other 7 disciplinary action that the Department may deem proper, 8 including the imposition of fines not to exceed $5,000 for 9 each occurrence, if the person, applicant, or licensee fails 10 to comply with or satisfy the requirements of any provision of 11 this Act and for any of the following reasons: 12 (1) Failure to meet or maintain the qualifications for 13 licensure set forth in Section 2005. 14 (2) Willful disregard or violation of this Act or its 15 rules. 16 (3) Willfully aiding or abetting another in the 17 violation of this Act or its rules. 18 (4) Allowing a license issued under this Act to be 19 used by an unlicensed person. 20 (5) Possession, use, acquisition, transfer, handling, 21 disposal, or storage of explosive materials in a manner 22 that endangers the public health, safety, or welfare. 23 (6) Refusal to produce records or reports or permit 24 any inspection lawfully requested by the Department. 25 (7) Failure to make, keep, or submit any record or 26 report required by this Act or its implementing SB2431 Engrossed - 9 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 10 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 10 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 10 - LRB104 09219 AAS 19276 b 1 regulations; or making, keeping, or submitting a false 2 record or report. 3 (8) Material misstatement in the application for an 4 original or renewal license. 5 (9) Failure to pay fines for each occurrence upon a 6 final administrative decision. 7 (b-5) Upon receipt of a second revocation of an explosives 8 license, the person shall no longer be eligible to apply for an 9 Illinois individual explosive license. 10 (c) (Blank). 11 (d) (Blank). 12 (e) All fines collected under this Section shall be 13 deposited into the Explosives Regulatory Fund. 14 (Source: P.A. 96-1194, eff. 1-1-11.) 15 (225 ILCS 210/3001) (from Ch. 96 1/2, par. 1-3001) 16 Sec. 3001. Storage requirements; magazines; Magazines 17 consumer fireworks. 18 (a) No person shall possess or store explosive materials 19 unless such explosive materials are stored in a magazine or in 20 a factory building in accordance with this Act except while 21 being transported or being used in preparation for blasting. 22 (b) Not more than 300,000 pounds of explosive materials 23 shall be stored in any magazine at any one time. 24 (c) (Blank). 25 (d) (Blank). SB2431 Engrossed - 10 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 11 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 11 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 11 - LRB104 09219 AAS 19276 b 1 (e) (Blank). 2 (f) Any bulk storage or holding of consumer fireworks in 3 quantities of 1,001 pounds or greater that is not in 4 compliance with the Pyrotechnic Use Act or the Pyrotechnic 5 Distributor and Operator Licensing Act must be stored in a 6 Department certified Type 1, Type 2, or Type 4 magazine and 7 must meet the distancing requirements, provided by 8 administrative rule, that pertain to the safe storage of low 9 explosives. 10 (Source: P.A. 96-1194, eff. 1-1-11.) 11 (225 ILCS 210/3004) (from Ch. 96 1/2, par. 1-3004) 12 Sec. 3004. Refusal, suspension, or revocation of 13 certificate; Grounds. 14 (a) Subject to the provisions of Sections 5003 through 15 5005 of this Act, the Department may suspend, revoke, refuse 16 to issue or renew a certificate or take any other disciplinary 17 action as the Department may deem proper, including the 18 imposition of fines not to exceed $5000 for each occurrence, 19 if the person, applicant, or certificate holder fails to 20 comply with or satisfy the requirements of any provision of 21 this Act or for any of the following reasons: 22 (1) Material misstatement in the application for 23 original certificate or in the application for any renewal 24 certificate under this Act. 25 (2) Failure to continue to possess the necessary SB2431 Engrossed - 11 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 12 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 12 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 12 - LRB104 09219 AAS 19276 b 1 qualifications or to meet the requirements of the Act for 2 the issuance or holding of a certificate after issuance of 3 the certificate, in which case the certificate shall be 4 revoked. 5 (3) Willful disregard or violation of this Act or of 6 its rules. 7 (4) Willfully aiding or abetting another in the 8 violation of this Act or its rules. 9 (5) Allowing a certificate under this Act to be used 10 by an unauthorized person. 11 (6) Refusing to produce records or permit inspections 12 lawfully requested by the Department. 13 (7) Failing to make or keep records or reports, or 14 making or keeping false records or reports as required 15 under this Act. 16 (8) Storing any explosive material in a manner not in 17 conformity with this Act. 18 (9) Possession, use, or storage of explosive materials 19 in a manner which endangers the public health, safety, or 20 welfare in violation of this Act. 21 (b) All fines collected under this Section of this Act 22 shall be deposited into the Explosives Regulatory Fund. 23 (Source: P.A. 87-835; 88-599, eff. 9-1-94.) 24 (225 ILCS 210/4003) (from Ch. 96 1/2, par. 1-4003) 25 Sec. 4003. Recordkeeping and inspection. SB2431 Engrossed - 12 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 13 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 13 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 13 - LRB104 09219 AAS 19276 b 1 (a) All persons, license holders, and certificate holders 2 shall maintain such records pertaining to the possession, use, 3 purchase, transfer and storage of explosive materials as the 4 Department may prescribe and shall furnish the Department or 5 its authorized representatives such records or other relevant 6 information legally requested by the Department or its 7 representatives. In establishing record keeping requirements, 8 the Department shall consider the requirements imposed by 9 agencies of the federal government to avoid duplication or 10 inconsistency. All records required by the Department related 11 to the possession, use, purchase, transfer, or storage of 12 explosive materials shall be maintained for a minimum of 3 13 years. 14 (b) (Blank). 15 (c) All license and certificate holders shall permit their 16 facilities to be inspected at reasonable times and in a 17 reasonable manner by representatives of the Department. 18 (Source: P.A. 96-1194, eff. 1-1-11.) 19 (225 ILCS 210/5001) (from Ch. 96 1/2, par. 1-5001) 20 Sec. 5001. Powers, duties, and functions of Department. In 21 addition to the powers, duties, and functions vested in the 22 Department by this Act, or by other laws of this State, the 23 Department shall have the full powers and authority to carry 24 out and administer this Act, including the following powers, 25 duties, and functions: SB2431 Engrossed - 13 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 14 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 14 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 14 - LRB104 09219 AAS 19276 b 1 (a) To adopt reasonable rules consistent with this Act 2 to carry out the purposes and enforce the provisions of 3 this Act. 4 (b) To prescribe and furnish application forms, 5 licenses, certificates, and any other forms necessary 6 under this Act. 7 (c) To prescribe examinations which reasonably test 8 the applicant's knowledge of the safe and proper use, 9 storage, possession, handling, and transfer of explosive 10 materials. 11 (d) To establish and enforce reasonable standards for 12 the use, storage, disposal, and transfer of explosive 13 materials. 14 (e) To issue licenses and certificates to qualified 15 applicants who comply with the requirements of this Act 16 and its rules. 17 (f) To suspend, revoke, or refuse to issue or renew 18 licenses or certificates, or take other disciplinary 19 action, including the imposition of fines. All fines 20 collected under this Act shall be deposited into the 21 Explosives Regulatory Fund. 22 (g) To establish by rule the expiration and renewal 23 period for licenses and certificates issued under this 24 Act, and to establish and collect license and certificate 25 application fees, fees required by the Illinois State 26 Police for criminal identification purposes, and such SB2431 Engrossed - 14 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 15 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 15 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 15 - LRB104 09219 AAS 19276 b 1 other fees as are authorized or necessary under this Act. 2 (h) To conduct and prescribe rules of procedure for 3 hearings under this Act. 4 (i) To appoint qualified inspectors to periodically 5 visit places where explosive materials may be stored or 6 used, and to make such other inspections as are necessary 7 to determine satisfactory compliance with this Act. 8 (j) To receive data and assistance from federal, 9 State, and local governmental agencies, and to obtain 10 copies of identification and arrest data from all federal, 11 State, and local law enforcement agencies for use in 12 carrying out the purposes and functions of the Department 13 and this Act. 14 (k) To receive and respond to inquiries from the 15 industry, public, and agencies or instrumentalities of the 16 State, and to investigate, offer advice, make 17 recommendations, and provide monitoring services pertinent 18 to such inquiries regarding the safe and proper storage, 19 handling, and use of explosive materials. 20 (l) To inform, advise, and assist the State's Attorney 21 of the county where any noncompliance with or violation of 22 this Act occurs when the State's Attorney is seeking 23 criminal charges against a person pursuant to Section 5010 24 or 5011 of this Act. 25 (m) To bring an action in the name of the Department, 26 through the Attorney General of the State of Illinois, SB2431 Engrossed - 15 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 16 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 16 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 16 - LRB104 09219 AAS 19276 b 1 whenever it appears to the Department that any person is 2 engaged or is about to engage in any acts or practices that 3 constitute or may constitute a violation of the provisions 4 of this Act or its rules, for an order enjoining such 5 violation or for an order enforcing compliance with this 6 Act. Upon filing of a verified petition in such court, the 7 court may issue a temporary restraining order without 8 notice or bond and may preliminarily or permanently enjoin 9 such violation. If it is established that such person has 10 violated or is violating the injunction, the court may 11 punish the offender for contempt of court. Proceedings 12 under this paragraph are in addition to, and not in lieu 13 of, all other remedies and penalties provided for by this 14 Act. 15 (n) In accordance with constitutional limitations, the 16 Department shall have authority to enter at all reasonable 17 times upon any private or public property, for the purpose 18 of inspecting and investigating, to ascertain possible 19 violations of this Act, any rule adopted pursuant to this 20 Act, or any permit, term, or condition of a permit. 21 The powers, duties, and functions vested in the Department 22 under the provisions of this Act shall not be construed to 23 affect in any manner the powers, duties, and functions vested 24 in the Department under any other provision of law. 25 (Source: P.A. 96-1194, eff. 1-1-11; 97-333, eff. 8-12-11.) SB2431 Engrossed - 16 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 17 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 17 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 17 - LRB104 09219 AAS 19276 b 1 (225 ILCS 210/5010) (from Ch. 96 1/2, par. 1-5010) 2 Sec. 5010. Unlawful possession, storage, and transfer. 3 (a) It is a violation of this Act for any Any person to: 4 subject to this Act who 5 (1) possesses an explosive material without having 6 obtained a valid license or certificate under this Act; 7 (2) store an explosive material without having 8 obtained a valid storage certificate issued pursuant to 9 this Act; is guilty of a Class 3 felony unless otherwise 10 exempted under Section 1005 or 2000 of this Act. Any 11 person subject to this Act 12 (3) transfer who transfers explosive material to a 13 person who does not possess a valid license or certificate 14 under this Act; or 15 (4) obtain control over stolen explosive material 16 knowing that the explosive material is stolen or under 17 such circumstances where a reasonable person would believe 18 the explosive material was stolen. 19 (b) A person convicted of a violation of paragraph (1), 20 (2), or (3) of subsection (a) is guilty of a Class 3 felony 21 unless otherwise exempted under Section 1005 or 2000 of this 22 Act. A person convicted of a violation of paragraph (4) of 23 subsection (a) is guilty of a Class 3 felony. 24 (Source: P.A. 96-1194, eff. 1-1-11.) 25 (225 ILCS 210/5011) (from Ch. 96 1/2, par. 1-5011) SB2431 Engrossed - 17 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 18 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 18 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 18 - LRB104 09219 AAS 19276 b 1 Sec. 5011. Violation and penalty. Unless otherwise 2 specified, any person, Any license holder, or certificate 3 holder who fails to comply with or violates any applicable 4 provision of this Act is guilty of a Class B misdemeanor. All 5 law enforcement officers and personnel of the State of 6 Illinois and the various units of local government are 7 responsible for assisting with the enforcement of this Act. 8 (Source: P.A. 86-364.) 9 (225 ILCS 210/Art. 6 heading new) 10 ARTICLE 6. TRANSPORTATION 11 (225 ILCS 210/6001 new) 12 Sec. 6001. Transportation. Any person transporting 13 explosive materials in this State shall comply with the 14 placard requirements, as required by federal administrative 15 rule. SB2431 Engrossed- 19 -LRB104 09219 AAS 19276 b 1 INDEX 2 Statutes amended in order of appearance 3 225 ILCS 210/1003from Ch. 96 1/2, par. 1-10034 225 ILCS 210/2000from Ch. 96 1/2, par. 1-20005 225 ILCS 210/2001from Ch. 96 1/2, par. 1-20016 225 ILCS 210/2005from Ch. 96 1/2, par. 1-20057 225 ILCS 210/2011from Ch. 96 1/2, par. 1-20118 225 ILCS 210/3001from Ch. 96 1/2, par. 1-30019 225 ILCS 210/3004from Ch. 96 1/2, par. 1-300410 225 ILCS 210/4003from Ch. 96 1/2, par. 1-400311 225 ILCS 210/5001from Ch. 96 1/2, par. 1-500112 225 ILCS 210/5010from Ch. 96 1/2, par. 1-501013 225 ILCS 210/5011from Ch. 96 1/2, par. 1-501114 225 ILCS 210/Art. 6 15 heading new16 225 ILCS 210/6001 new SB2431 Engrossed- 19 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 19 - LRB104 09219 AAS 19276 b 1 INDEX 2 Statutes amended in order of appearance 3 225 ILCS 210/1003 from Ch. 96 1/2, par. 1-1003 4 225 ILCS 210/2000 from Ch. 96 1/2, par. 1-2000 5 225 ILCS 210/2001 from Ch. 96 1/2, par. 1-2001 6 225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005 7 225 ILCS 210/2011 from Ch. 96 1/2, par. 1-2011 8 225 ILCS 210/3001 from Ch. 96 1/2, par. 1-3001 9 225 ILCS 210/3004 from Ch. 96 1/2, par. 1-3004 10 225 ILCS 210/4003 from Ch. 96 1/2, par. 1-4003 11 225 ILCS 210/5001 from Ch. 96 1/2, par. 1-5001 12 225 ILCS 210/5010 from Ch. 96 1/2, par. 1-5010 13 225 ILCS 210/5011 from Ch. 96 1/2, par. 1-5011 14 225 ILCS 210/Art. 6 15 heading new 16 225 ILCS 210/6001 new SB2431 Engrossed- 19 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 19 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 19 - LRB104 09219 AAS 19276 b 1 INDEX 2 Statutes amended in order of appearance 3 225 ILCS 210/1003 from Ch. 96 1/2, par. 1-1003 4 225 ILCS 210/2000 from Ch. 96 1/2, par. 1-2000 5 225 ILCS 210/2001 from Ch. 96 1/2, par. 1-2001 6 225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005 7 225 ILCS 210/2011 from Ch. 96 1/2, par. 1-2011 8 225 ILCS 210/3001 from Ch. 96 1/2, par. 1-3001 9 225 ILCS 210/3004 from Ch. 96 1/2, par. 1-3004 10 225 ILCS 210/4003 from Ch. 96 1/2, par. 1-4003 11 225 ILCS 210/5001 from Ch. 96 1/2, par. 1-5001 12 225 ILCS 210/5010 from Ch. 96 1/2, par. 1-5010 13 225 ILCS 210/5011 from Ch. 96 1/2, par. 1-5011 14 225 ILCS 210/Art. 6 15 heading new 16 225 ILCS 210/6001 new SB2431 Engrossed - 18 - LRB104 09219 AAS 19276 b SB2431 Engrossed- 19 -LRB104 09219 AAS 19276 b SB2431 Engrossed - 19 - LRB104 09219 AAS 19276 b SB2431 Engrossed - 19 - LRB104 09219 AAS 19276 b 1 INDEX 2 Statutes amended in order of appearance 3 225 ILCS 210/1003 from Ch. 96 1/2, par. 1-1003 4 225 ILCS 210/2000 from Ch. 96 1/2, par. 1-2000 5 225 ILCS 210/2001 from Ch. 96 1/2, par. 1-2001 6 225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005 7 225 ILCS 210/2011 from Ch. 96 1/2, par. 1-2011 8 225 ILCS 210/3001 from Ch. 96 1/2, par. 1-3001 9 225 ILCS 210/3004 from Ch. 96 1/2, par. 1-3004 10 225 ILCS 210/4003 from Ch. 96 1/2, par. 1-4003 11 225 ILCS 210/5001 from Ch. 96 1/2, par. 1-5001 12 225 ILCS 210/5010 from Ch. 96 1/2, par. 1-5010 13 225 ILCS 210/5011 from Ch. 96 1/2, par. 1-5011 14 225 ILCS 210/Art. 6 15 heading new 16 225 ILCS 210/6001 new SB2431 Engrossed - 19 - LRB104 09219 AAS 19276 b