Bill Text: IL HB6252 | 2009-2010 | 96th General Assembly | Engrossed
Bill Title: Amends the Pyrotechnic Use Act. Repeals provisions requiring that a consumer fireworks display be handled by a person who has received training and providing for a consumer fireworks display permit. Eliminates cross-references to the repealed provisions in certain definitions and in provisions concerning the sale of consumer fireworks. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 12-3)
Status: (Engrossed - Dead) 2010-05-07 - Rule 3-9(a) / Re-referred to Assignments [HB6252 Detail]
Download: Illinois-2009-HB6252-Engrossed.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Fireworks Use Act is amended by changing | ||||||
5 | Section 1 and by adding Section 6 as follows:
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6 | (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
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7 | Sec. 1. Definitions. As used in this Act, the following | ||||||
8 | words shall have the following meanings: | ||||||
9 | "Advertiser" means a fireworks company purchasing an | ||||||
10 | advertisement on an advertising medium. | ||||||
11 | "Advertising mediums" means billboards, radio, television, | ||||||
12 | and print advertising. | ||||||
13 | "1.3G fireworks" means those fireworks used for | ||||||
14 | professional outdoor displays and classified as fireworks | ||||||
15 | UN0333, UN0334, or UN0335 by the United States Department of | ||||||
16 | Transportation under 49 C.F.R. 172.101. | ||||||
17 | "Consumer distributor" means any person who distributes, | ||||||
18 | offers for sale, sells, or exchanges for consideration consumer | ||||||
19 | fireworks in Illinois to another distributor or directly to any | ||||||
20 | retailer or person for resale. | ||||||
21 | "Consumer fireworks" means those fireworks that must | ||||||
22 | comply with the construction, chemical composition, and | ||||||
23 | labeling regulations of the U.S. Consumer Products Safety |
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1 | Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and | ||||||
2 | classified as fireworks UN0336 or UN0337 by the United States | ||||||
3 | Department of Transportation under 49 C.F.R. 172.101. | ||||||
4 | "Consumer fireworks"
shall not include snake or glow worm | ||||||
5 | pellets; smoke devices; trick noisemakers
known as "party | ||||||
6 | poppers", "booby traps", "snappers", "trick matches", | ||||||
7 | "cigarette
loads", and "auto burglar alarms"; sparklers; toy | ||||||
8 | pistols, toy
canes, toy guns, or other devices in
which paper | ||||||
9 | or plastic caps containing twenty-five hundredths grains or
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10 | less of explosive compound are used, provided they are so | ||||||
11 | constructed that
the hand cannot come in contact with the cap | ||||||
12 | when in place for the
explosion; and toy pistol paper or | ||||||
13 | plastic caps that contain less than
twenty hundredths grains of | ||||||
14 | explosive mixture; the sale and use of which
shall be permitted | ||||||
15 | at all times. | ||||||
16 | "Consumer fireworks display" or "consumer display" means | ||||||
17 | the detonation, ignition, or deflagration of consumer | ||||||
18 | fireworks to produce a visual or audible effect. | ||||||
19 | "Consumer operator" means an adult individual who is | ||||||
20 | responsible for the safety, setup, and discharge of the | ||||||
21 | consumer fireworks display and who has completed the training | ||||||
22 | required in Section 2.2 of this Act. | ||||||
23 | "Consumer retailer" means any person who offers for sale, | ||||||
24 | sells, or exchanges for consideration consumer fireworks in | ||||||
25 | Illinois directly to any person with a consumer display permit. | ||||||
26 | "Display fireworks" means 1.3G or special effects |
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1 | fireworks or as further defined in the Pyrotechnic Distributor | ||||||
2 | and Operator Licensing Act. | ||||||
3 | "Flame effect" means the detonation, ignition, or | ||||||
4 | deflagration of flammable gases, liquids, or special materials | ||||||
5 | to produce a thermal, physical, visual, or audible effect | ||||||
6 | before the public, invitees, or licensees, regardless of | ||||||
7 | whether admission is charged, in accordance with National Fire | ||||||
8 | Protection Association 160 guidelines, and as may be further | ||||||
9 | defined in the Pyrotechnic Distributor and Operator Licensing | ||||||
10 | Act. | ||||||
11 | "Lead pyrotechnic operator" means an individual who is | ||||||
12 | responsible for the safety, setup, and discharge of the | ||||||
13 | pyrotechnic display or pyrotechnic service and who is licensed | ||||||
14 | pursuant to the Pyrotechnic Distributor and Operator Licensing | ||||||
15 | Act. | ||||||
16 | "Person" means an individual, firm, corporation, | ||||||
17 | association, partnership, company, consortium, joint venture, | ||||||
18 | commercial entity, state, municipality, or political | ||||||
19 | subdivision of a state or any agency, department, or | ||||||
20 | instrumentality of the United States and any officer, agent, or | ||||||
21 | employee of these entities.
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22 | "Production company" means any person in the film, digital | ||||||
23 | and video media, television, commercial, and theatrical stage | ||||||
24 | industry who provides pyrotechnic services or pyrotechnic | ||||||
25 | display services as part of a film, digital and video media, | ||||||
26 | television, commercial, or theatrical production in the State |
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1 | of Illinois and is licensed by the Office pursuant to the | ||||||
2 | Pyrotechnic Distributor and Operator Licensing Act. | ||||||
3 | "Pyrotechnic display" means the detonation, ignition, or | ||||||
4 | deflagration of display fireworks or flame effects to produce | ||||||
5 | visual or audible effects of a exhibitional nature before the | ||||||
6 | public, invitees, or licensees, regardless of whether | ||||||
7 | admission is charged, and as may be further defined in the | ||||||
8 | Pyrotechnic Distributor and Operator Licensing Act. | ||||||
9 | "Pyrotechnic distributor" means any person who distributes | ||||||
10 | display fireworks for sale in the State of Illinois or provides | ||||||
11 | them as part of a pyrotechnic display service in the State of | ||||||
12 | Illinois or provides only pyrotechnic services and is licensed | ||||||
13 | by the Office pursuant to the Pyrotechnic Distributor and | ||||||
14 | Operator Licensing Act. | ||||||
15 | "Pyrotechnic service" means the detonation, ignition or | ||||||
16 | deflagration of display fireworks, special effects or flame | ||||||
17 | effects to produce a visual or audible effect. | ||||||
18 | "Special effects fireworks" means pyrotechnic devices used | ||||||
19 | for special effects by professionals in the performing arts in | ||||||
20 | conjunction with theatrical, musical, or other productions
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21 | that are similar to consumer fireworks in chemical compositions
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22 | and construction, but are not intended for consumer use and are
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23 | not labeled as such or identified as "intended for indoor use".
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24 | "Special effects fireworks" are classified as fireworks UN0431
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25 | or UN0432 by the United States Department of Transportation
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26 | under 49 C.F.R. 172.101.
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1 | (Source: P.A. 95-331, eff. 8-21-07; 96-708, eff. 8-25-09.)
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2 | (425 ILCS 35/6 new) | ||||||
3 | Sec. 6. Advertising of fireworks. | ||||||
4 | (a) After January 1, 2011, all commercial advertising | ||||||
5 | mediums for consumer fireworks shall bear the following | ||||||
6 | statement: | ||||||
7 | WARNING: Illinois Law Prohibits the Possession of | ||||||
8 | Certain Fireworks Without a Proper Permit. Check with Local | ||||||
9 | Fire Department/Law Enforcement Prior to Purchase. | ||||||
10 | (b) Such warning on billboards shall appear in the format | ||||||
11 | and type style prescribed under 15 U.S.C. 1333 (b)(3), as | ||||||
12 | amended. | ||||||
13 | (c) Such warning in print shall appear in the format and | ||||||
14 | type style prescribed under Section 201 of the federal Family | ||||||
15 | Smoking Prevention and Tobacco Control Act (Public Law 111-31), | ||||||
16 | as amended. | ||||||
17 | (d) Such warning in broadcast shall be verbal, clear, and | ||||||
18 | concise. | ||||||
19 | (e) Any advertiser whose advertisement does not conform to | ||||||
20 | the provisions of this Section shall be subject to a fine not | ||||||
21 | to exceed $1,000 per day. | ||||||
22 | (f) The State's Attorney of the county in which a violation | ||||||
23 | occurs or the Attorney General may bring an action for the | ||||||
24 | enforcement of this Section and the rules adopted and orders | ||||||
25 | issued under this Section, in the name of the People of the |
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1 | State of Illinois, and may, in addition to other remedies | ||||||
2 | provided in
this Act, bring an action for a temporary | ||||||
3 | restraining order, preliminary injunction, or an
injunction to | ||||||
4 | restrain any actual or threatened violation or to
impose or | ||||||
5 |