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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5396
Introduced , by Rep. Michael J. Madigan - Barbara Flynn Currie - Thomas Holbrook SYNOPSIS AS INTRODUCED:
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425 ILCS 35/1 |
from Ch. 127 1/2, par. 127 |
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Amends the Fireworks Use Act. Makes a technical change in a Section
concerning
definitions.
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A BILL FOR
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HB5396 |
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LRB095 19449 DRJ 45744 b |
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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 5. The Fireworks Use Act is amended by changing |
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| Section 1 as follows:
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| (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
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| Sec. 1. Definitions. As used in this Act, the the following |
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| words shall have the following meanings: |
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| "1.3G fireworks" means those fireworks used for |
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| professional outdoor displays and classified as fireworks |
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| UN0333, UN0334, or UN0335 by the United States Department of |
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| Transportation under 49 C.F.R. 172.101. |
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| "Consumer distributor" means any person who distributes, |
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| offers for sale, sells, or exchanges for consideration consumer |
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| fireworks in Illinois to another distributor or directly to any |
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| retailer or person for resale. |
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| "Consumer fireworks" means those fireworks that must |
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| comply with the construction, chemical composition, and |
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| labeling regulations of the U.S. Consumer Products Safety |
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| Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and |
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| classified as fireworks UN0336 or UN0337 by the United States |
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| Department of Transportation under 49 C.F.R. 172.101. |
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| "Consumer fireworks"
shall not include snake or glow worm |
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HB5396 |
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LRB095 19449 DRJ 45744 b |
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| pellets; smoke devices; trick noisemakers
known as "party |
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| poppers", "booby traps", "snappers", "trick matches", |
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| "cigarette
loads", and "auto burglar alarms"; sparklers; toy |
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| pistols, toy
canes, toy guns, or other devices in
which paper |
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| or plastic caps containing twenty-five hundredths grains or
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| less of explosive compound are used, provided they are so |
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| constructed that
the hand cannot come in contact with the cap |
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| when in place for the
explosion; and toy pistol paper or |
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| plastic caps that contain less than
twenty hundredths grains of |
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| explosive mixture; the sale and use of which
shall be permitted |
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| at all times. |
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| "Consumer fireworks display" or "consumer display" means |
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| the detonation, ignition, or deflagration of consumer |
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| fireworks to produce a visual or audible effect. |
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| "Consumer operator" means an adult individual who is |
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| responsible for the safety, setup, and discharge of the |
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| consumer fireworks display and who has completed the training |
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| required in Section 2.2 of this Act. |
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| "Consumer retailer" means any person who offers for sale, |
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| sells, or exchanges for consideration consumer fireworks in |
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| Illinois directly to any person with a consumer display permit. |
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| "Display fireworks" means 1.3G or special effects |
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| fireworks or as further defined in the Pyrotechnic Distributor |
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| and Operator Licensing Act. |
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| "Flame effect" means the detonation, ignition, or |
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| deflagration of flammable gases, liquids, or special materials |
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HB5396 |
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LRB095 19449 DRJ 45744 b |
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| to produce a thermal, physical, visual, or audible effect |
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| before the public, invitees, or licensees, regardless of |
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| whether admission is charged, in accordance with National Fire |
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| Protection Association 160 guidelines, and as may be further |
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| defined in the Pyrotechnic Distributor and Operator Licensing |
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| Act. |
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| "Lead pyrotechnic operator" means an individual who is |
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| responsible for the safety, setup, and discharge of the |
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| pyrotechnic display and who is licensed pursuant to the |
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| Pyrotechnic Distributor and Operator Licensing Act. |
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| "Person" means an individual, firm, corporation, |
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| association, partnership, company, consortium, joint venture, |
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| or commercial entity.
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| "Pyrotechnic display" means the detonation, ignition, or |
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| deflagration of display fireworks or flame effects to produce |
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| visual or audible effects of a exhibitional nature before the |
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| public, invitees, or licensees, regardless of whether |
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| admission is charged, and as may be further defined in the |
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| Pyrotechnic Distributor and Operator Licensing Act. |
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| "Special effects fireworks" means pyrotechnic devices used |
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| for special effects by professionals in the performing arts in |
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| conjunction with theatrical, musical, or other productions
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| that are similar to consumer fireworks in chemical compositions
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| and construction, but are not intended for consumer use and are
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| not labeled as such or identified as "intended for indoor use".
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| "Special effects fireworks" are classified as fireworks UN0431
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