99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1662

 

Introduced 2/20/2015, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 210/2000  from Ch. 96 1/2, par. 1-2000
225 ILCS 227/11 new

    Amends the Illinois Explosives Act and the Pyrotechnic Distributor and Operator Licensing Act. Provides that a person who is licensed under the Pyrotechnic Distributor and Operator Licensing Act is not required to have a license under the Illinois Explosives Act for the detonation, ignition, or deflagration of consumer fireworks or display fireworks.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Explosives Act is amended by
5changing Section 2000 as follows:
 
6    (225 ILCS 210/2000)  (from Ch. 96 1/2, par. 1-2000)
7    Sec. 2000. Scope; exemptions.
8    (a) The license requirements of this Article apply to all
9explosive materials unless otherwise excepted under this
10Section or Section 1005 of this Act.
11    (b) This Article does not apply to the purchase, receipt,
12possession, or use of black powder solely for sporting,
13recreational, or cultural purposes by an individual for his or
14her own use or for his or her immediate family living in the
15same household. This includes components for use in muzzle
16loading firearms and other antique devices and hand loading,
17reloading, or custom loading fixed ammunition.
18    (c) A person is not required to have a license under this
19Article for the acquisition, possession, use, transfer, or
20disposal of explosive materials in connection with mine,
21quarry, construction, manufacturing, or wholesale or retail
22explosive materials operations if (1) the person holds a
23storage certificate under Article 3 of this Act and (2) the

 

 

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1acquisition, possession, use, transfer, or disposal of the
2explosive materials is limited to the purpose authorized by his
3or her storage certificate.
4    In addition to the person who holds the storage
5certificate, this exemption shall also apply to any employee,
6contractor, or other authorized individual if he or she is
7under the direct supervision of an individual who is either
8licensed under this Act, licensed for blasting operations or
9use of explosives in aggregate mining operations under the
10Surface-Mined Land Conservation and Reclamation Act, certified
11for blasting or use of explosives in mining operations under
12the Surface Coal Mining Land Conservation and Reclamation Act,
13or certified as a shot firer under the Coal Mining Act. Direct
14supervision requires the supervising individual to be
15physically present at all times during the use or disposal of
16the explosive materials.
17    (d) A person who is licensed under the Pyrotechnic
18Distributor and Operator Licensing Act is not required to have
19a license under this Act for the detonation, ignition, or
20deflagration of consumer fireworks or display fireworks, as
21defined in the Pyrotechnic Distributor and Operator Licensing
22Act.
23(Source: P.A. 96-1194, eff. 1-1-11.)
 
24    Section 10. The Pyrotechnic Distributor and Operator
25Licensing Act is amended by adding Section 11 as follows:
 

 

 

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1    (225 ILCS 227/11 new)
2    Sec. 11. Licensure; Illinois Explosives Act.
3Notwithstanding any other provision of this Act, a person
4licensed under this Act is not required to be licensed under
5the Illinois Explosives Act for the detonation, ignition, or
6deflagration of consumer fireworks or display fireworks.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.