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| Public Act 096-1174 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Retail | ||||
Sale and Distribution of Novelty Lighters Prohibition Act. | ||||
Section 5. Findings. The General Assembly finds that | ||||
novelty lighters have features that are attractive to children, | ||||
including visual effects, flashing lights, musical sounds, and | ||||
toy-like designs. Thousands of novelty lighters have been | ||||
recalled because of the danger they present to public safety. | ||||
The setting of fires by juveniles has been identified as the | ||||
fastest growing fire threat in the United States, with more | ||||
than 300 people killed annually, 30% of whom are children, and | ||||
almost $1 billion in property has been destroyed. | ||||
Section 10. Definition. For the purposes of this Act, | ||||
"novelty lighter" means a mechanical or electrical device | ||||
typically used for lighting cigarettes, cigars, or pipes that | ||||
is designed to resemble a cartoon character, toy, gun, watch, | ||||
musical instrument, vehicle,
animal, food or beverage, or | ||||
similar articles, or that plays musical notes, or has flashing
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lights, or has other entertaining features. A novelty lighter | ||||
may operate on any fuel,
including butane, isobutene, or liquid | ||||
fuel. "Novelty lighter" does not include any of the following: | ||
(1) A lighter manufactured before January 1, 1980. | ||
(2) A lighter incapable of being fueled or lacking a | ||
device necessary to produce combustion or a flame. | ||
(3) Any mechanical or electrical device primarily used | ||
to ignite fuel for fireplaces or for charcoal or gas | ||
grills. | ||
(4) Standard disposable and refillable lighters that | ||
are printed or decorated with logos, labels, decals, or | ||
artwork, or heat-shrinkable sleeves. | ||
Section 15. Prohibition against novelty lighters. A person | ||
may not sell at retail or distribute for retail sale in this | ||
State a novelty lighter. The prohibition specified in this | ||
Section does not apply to the transportation of novelty | ||
lighters through this State or the storage of novelty lighters | ||
in a warehouse or distribution center in this State that is | ||
closed to the public for purposes of retail sales. | ||
Section 20. Violation. A violation of Section 15 is a | ||
petty offense, for which a fine not to exceed $500 for each | ||
offense may be imposed. Each day that a person violates Section | ||
15 is a separate offense. A person who is employed as a clerk | ||
by a retail establishment shall not be in violation of this Act | ||
unless he or she sells a novelty lighter with the intent to | ||
violate this Act. | ||
Section 25. Enforcement. This Act may be enforced by the | ||
Office of the State Fire
Marshal, by a State, county, or | ||
municipal law enforcement officer, or by a municipal
code | ||
enforcement officer.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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