|
|
Rep. Donald L. Moffitt
Filed: 3/3/2010
|
|
09600HB5139ham001 |
|
LRB096 16501 RLJ 37541 a |
|
|
| 1 |
| AMENDMENT TO HOUSE BILL 5139
|
| 2 |
| AMENDMENT NO. ______. Amend House Bill 5139 by replacing |
| 3 |
| everything after the enacting clause with the following:
|
| 4 |
| "Section 1. Short title. This Act may be cited as the |
| 5 |
| Retail Sale and Distribution of Novelty Lighters Prohibition |
| 6 |
| Act.
|
| 7 |
| Section 5. Findings. The General Assembly finds that |
| 8 |
| novelty lighters have features that are attractive to children, |
| 9 |
| including visual effects, flashing lights, musical sounds, and |
| 10 |
| toy-like designs. Thousands of novelty lighters have been |
| 11 |
| recalled because of the danger they present to public safety. |
| 12 |
| The setting of fires by juveniles has been identified as the |
| 13 |
| fastest growing fire threat in the United States, with more |
| 14 |
| than 300 people killed annually, 30% of whom are children, and |
| 15 |
| almost $1 billion in property has been destroyed.
|
|
|
|
09600HB5139ham001 |
- 2 - |
LRB096 16501 RLJ 37541 a |
|
|
| 1 |
| Section 10. Definition. For the purposes of this Act, |
| 2 |
| "novelty lighter" means a mechanical or electrical device |
| 3 |
| typically used for lighting cigarettes, cigars, or pipes that |
| 4 |
| is designed to resemble a cartoon character, toy, gun, watch, |
| 5 |
| musical instrument, vehicle,
animal, food or beverage, or |
| 6 |
| similar articles, or that plays musical notes, or has flashing
|
| 7 |
| lights, or has other entertaining features. A novelty lighter |
| 8 |
| may operate on any fuel,
including butane, isobutene, or liquid |
| 9 |
| fuel. "Novelty lighter" does not include any of the following: |
| 10 |
| (1) A lighter manufactured before January 1, 1980. |
| 11 |
| (2) A lighter incapable of being fueled or lacking a |
| 12 |
| device necessary to produce combustion or a flame. |
| 13 |
| (3) Any mechanical or electrical device primarily used |
| 14 |
| to ignite fuel for fireplaces or for charcoal or gas |
| 15 |
| grills. |
| 16 |
| (4) Standard disposable and refillable lighters that |
| 17 |
| are printed or decorated with logos, labels, decals, or |
| 18 |
| artwork, or heat-shrinkable sleeves.
|
| 19 |
| Section 15. Prohibition against novelty lighters. A person |
| 20 |
| may not sell at retail or distribute for retail sale in this |
| 21 |
| State a novelty lighter. The prohibition specified in this |
| 22 |
| Section does not apply to the transportation of novelty |
| 23 |
| lighters through this State or the storage of novelty lighters |
| 24 |
| in a warehouse or distribution center in this State that is |
| 25 |
| closed to the public for purposes of retail sales.
|
|
|
|
09600HB5139ham001 |
- 3 - |
LRB096 16501 RLJ 37541 a |
|
|
| 1 |
| Section 20. Violation. A violation of Section 15 is a |
| 2 |
| petty offense, for which a fine not to exceed $500 for each |
| 3 |
| offense may be imposed. Each day that a person violates Section |
| 4 |
| 15 is a separate offense. A person who is employed as a clerk |
| 5 |
| by a retail establishment shall not be in violation of this Act |
| 6 |
| unless he or she sells a novelty lighter with the intent to |
| 7 |
| violate this Act.
|
| 8 |
| Section 25. Enforcement. This Act may be enforced by the |
| 9 |
| Office of the State Fire
Marshal, by a State, county, or |
| 10 |
| municipal law enforcement officer, or by a municipal
code |
| 11 |
| enforcement officer.
|
| 12 |
| Section 99. Effective date. This Act takes effect upon |
| 13 |
| becoming law.".
|