Bill Text: IL SB1965 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Fireworks Use Act. Provides that, after January 1, 2012, all commercial advertising for consumer fireworks must bear a specified warning. Requires warnings in various media to meet specific requirements. Provides a $1,000 per-day fine for violations. Authorizes the Attorney General to seek injunctive relief and to impose and collect civil penalties. Defines "advertiser" and "advertising mediums".

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1965 Detail]

Download: Illinois-2011-SB1965-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB1965 Introduced 2/10/2011, by Sen. Edward D. Maloney SYNOPSIS AS INTRODUCED:
425 ILCS 35/1 from Ch. 127 1/2, par. 127
425 ILCS 35/6 new
Amends the Fireworks Use Act. Provides that, after January 1, 2012, all commercial advertising for consumer fireworks must bear a specified warning. Requires warnings in various media to meet specific requirements. Provides a $1,000 per-day fine for violations. Authorizes the Attorney General to seek injunctive relief and to impose and collect civil penalties. Defines "advertiser" and "advertising mediums".
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fireworks Use Act is amended by changing
Section 1 and by adding Section 6 as follows:
(425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
Sec. 1. Definitions. As used in this Act, the following
words shall have the following meanings:
"Advertiser" means a fireworks company purchasing an
advertisement on an advertising medium.
"Advertising mediums" means billboards, radio, television,
and print advertising (including advertising by means of direct
mail).
"1.3G fireworks" means those fireworks used for
professional outdoor displays and classified as fireworks
UN0333, UN0334, or UN0335 by the United States Department of
Transportation under 49 C.F.R. 172.101.
"Consumer distributor" means any person who distributes,
offers for sale, sells, or exchanges for consideration consumer
fireworks in Illinois to another distributor or directly to any
retailer or person for resale.
"Consumer fireworks" means those fireworks that must
comply with the construction, chemical composition, and

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labeling regulations of the U.S. Consumer Products Safety
Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and
classified as fireworks UN0336 or UN0337 by the United States
Department of Transportation under 49 C.F.R. 172.101.
"Consumer fireworks" shall not include snake or glow worm
pellets; smoke devices; trick noisemakers known as "party
poppers", "booby traps", "snappers", "trick matches",
"cigarette loads", and "auto burglar alarms"; sparklers; toy
pistols, toy canes, toy guns, or other devices in which paper
or plastic caps containing twenty-five hundredths grains or
less of explosive compound are used, provided they are so
constructed that the hand cannot come in contact with the cap
when in place for the explosion; and toy pistol paper or
plastic caps that contain less than twenty hundredths grains of
explosive mixture; the sale and use of which shall be permitted
at all times.
"Consumer fireworks display" or "consumer display" means
the detonation, ignition, or deflagration of consumer
fireworks to produce a visual or audible effect.
"Consumer operator" means an adult individual who is
responsible for the safety, setup, and discharge of the
consumer fireworks display and who has completed the training
required in Section 2.2 of this Act.
"Consumer retailer" means any person who offers for sale,
sells, or exchanges for consideration consumer fireworks in
Illinois directly to any person with a consumer display permit.

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"Display fireworks" means 1.3G or special effects
fireworks or as further defined in the Pyrotechnic Distributor
and Operator Licensing Act.
"Flame effect" means the detonation, ignition, or
deflagration of flammable gases, liquids, or special materials
to produce a thermal, physical, visual, or audible effect
before the public, invitees, or licensees, regardless of
whether admission is charged, in accordance with National Fire
Protection Association 160 guidelines, and as may be further
defined in the Pyrotechnic Distributor and Operator Licensing
Act.
"Lead pyrotechnic operator" means an individual who is
responsible for the safety, setup, and discharge of the
pyrotechnic display or pyrotechnic service and who is licensed
pursuant to the Pyrotechnic Distributor and Operator Licensing
Act.
"Person" means an individual, firm, corporation,
association, partnership, company, consortium, joint venture,
commercial entity, state, municipality, or political
subdivision of a state or any agency, department, or
instrumentality of the United States and any officer, agent, or
employee of these entities.
"Production company" means any person in the film, digital
and video media, television, commercial, and theatrical stage
industry who provides pyrotechnic services or pyrotechnic
display services as part of a film, digital and video media,

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television, commercial, or theatrical production in the State
of Illinois and is licensed by the Office pursuant to the
Pyrotechnic Distributor and Operator Licensing Act.
"Pyrotechnic display" means the detonation, ignition, or
deflagration of display fireworks or flame effects to produce
visual or audible effects of a exhibitional nature before the
public, invitees, or licensees, regardless of whether
admission is charged, and as may be further defined in the
Pyrotechnic Distributor and Operator Licensing Act.
"Pyrotechnic distributor" means any person who distributes
display fireworks for sale in the State of Illinois or provides
them as part of a pyrotechnic display service in the State of
Illinois or provides only pyrotechnic services and is licensed
by the Office pursuant to the Pyrotechnic Distributor and
Operator Licensing Act.
"Pyrotechnic service" means the detonation, ignition or
deflagration of display fireworks, special effects or flame
effects to produce a visual or audible effect.
"Special effects fireworks" means pyrotechnic devices used
for special effects by professionals in the performing arts in
conjunction with theatrical, musical, or other productions
that are similar to consumer fireworks in chemical compositions
and construction, but are not intended for consumer use and are
not labeled as such or identified as "intended for indoor use".
"Special effects fireworks" are classified as fireworks UN0431
or UN0432 by the United States Department of Transportation

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under 49 C.F.R. 172.101.
(Source: P.A. 95-331, eff. 8-21-07; 96-708, eff. 8-25-09.)
(425 ILCS 35/6 new)
Sec. 6. Advertising of fireworks.
(a) After January 1, 2012, all commercial advertising
mediums by consumer fireworks retailers shall bear the
following statement:
WARNING: IL Law Prohibits the Possession of Certain
Fireworks Without a Proper Permit. Check with Law
Enforcement Prior to Purchase.
(b) Such warning on billboards shall appear in the format
and type style prescribed under 15 U.S.C. 1333 (b)(3), as
amended, or under Section 201 of the federal Family Smoking
Prevention and Tobacco Control Act (Public Law 111-31), as
amended.
(c) Such warning in print shall appear in the format and
type style prescribed under Section 201 of the federal Family
Smoking Prevention and Tobacco Control Act (Public Law 111-31),
as amended.
(d) Such warning in broadcast shall be verbal, clear, and
concise.
(e) Any advertiser whose advertisement does not conform to
the provisions of this Section shall be subject to a fine not
to exceed $1,000 per day.
(f) The Attorney General may bring an action for the

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enforcement of this Section and the rules adopted and orders
issued under this Section, in the name of the People of the
State of Illinois, and may, in addition to other remedies
provided in this Act, bring an action for a temporary
restraining order, preliminary injunction, or an injunction to
restrain any actual or threatened violation or to