Rep. Anthony DeLuca
Filed: 3/22/2010
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1 | AMENDMENT TO HOUSE BILL 6252
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2 | AMENDMENT NO. ______. Amend House Bill 6252, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Fireworks Use Act is amended by adding | ||||||
6 | Sections 1 and 6 as follows:
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7 | (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
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8 | Sec. 1. Definitions. As used in this Act, the following | ||||||
9 | words shall have the following meanings: | ||||||
10 | "Advertiser" means a fireworks company purchasing an | ||||||
11 | advertisement on an advertising medium. | ||||||
12 | "Advertising mediums" means billboards, radio, television, | ||||||
13 | and print advertising. | ||||||
14 | "1.3G fireworks" means those fireworks used for | ||||||
15 | professional outdoor displays and classified as fireworks | ||||||
16 | UN0333, UN0334, or UN0335 by the United States Department of |
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1 | Transportation under 49 C.F.R. 172.101. | ||||||
2 | "Consumer distributor" means any person who distributes, | ||||||
3 | offers for sale, sells, or exchanges for consideration consumer | ||||||
4 | fireworks in Illinois to another distributor or directly to any | ||||||
5 | retailer or person for resale. | ||||||
6 | "Consumer fireworks" means those fireworks that must | ||||||
7 | comply with the construction, chemical composition, and | ||||||
8 | labeling regulations of the U.S. Consumer Products Safety | ||||||
9 | Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and | ||||||
10 | classified as fireworks UN0336 or UN0337 by the United States | ||||||
11 | Department of Transportation under 49 C.F.R. 172.101. | ||||||
12 | "Consumer fireworks"
shall not include snake or glow worm | ||||||
13 | pellets; smoke devices; trick noisemakers
known as "party | ||||||
14 | poppers", "booby traps", "snappers", "trick matches", | ||||||
15 | "cigarette
loads", and "auto burglar alarms"; sparklers; toy | ||||||
16 | pistols, toy
canes, toy guns, or other devices in
which paper | ||||||
17 | or plastic caps containing twenty-five hundredths grains or
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18 | less of explosive compound are used, provided they are so | ||||||
19 | constructed that
the hand cannot come in contact with the cap | ||||||
20 | when in place for the
explosion; and toy pistol paper or | ||||||
21 | plastic caps that contain less than
twenty hundredths grains of | ||||||
22 | explosive mixture; the sale and use of which
shall be permitted | ||||||
23 | at all times. | ||||||
24 | "Consumer fireworks display" or "consumer display" means | ||||||
25 | the detonation, ignition, or deflagration of consumer | ||||||
26 | fireworks to produce a visual or audible effect. |
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1 | "Consumer operator" means an adult individual who is | ||||||
2 | responsible for the safety, setup, and discharge of the | ||||||
3 | consumer fireworks display and who has completed the training | ||||||
4 | required in Section 2.2 of this Act. | ||||||
5 | "Consumer retailer" means any person who offers for sale, | ||||||
6 | sells, or exchanges for consideration consumer fireworks in | ||||||
7 | Illinois directly to any person with a consumer display permit. | ||||||
8 | "Display fireworks" means 1.3G or special effects | ||||||
9 | fireworks or as further defined in the Pyrotechnic Distributor | ||||||
10 | and Operator Licensing Act. | ||||||
11 | "Flame effect" means the detonation, ignition, or | ||||||
12 | deflagration of flammable gases, liquids, or special materials | ||||||
13 | to produce a thermal, physical, visual, or audible effect | ||||||
14 | before the public, invitees, or licensees, regardless of | ||||||
15 | whether admission is charged, in accordance with National Fire | ||||||
16 | Protection Association 160 guidelines, and as may be further | ||||||
17 | defined in the Pyrotechnic Distributor and Operator Licensing | ||||||
18 | Act. | ||||||
19 | "Lead pyrotechnic operator" means an individual who is | ||||||
20 | responsible for the safety, setup, and discharge of the | ||||||
21 | pyrotechnic display or pyrotechnic service and who is licensed | ||||||
22 | pursuant to the Pyrotechnic Distributor and Operator Licensing | ||||||
23 | Act. | ||||||
24 | "Person" means an individual, firm, corporation, | ||||||
25 | association, partnership, company, consortium, joint venture, | ||||||
26 | commercial entity, state, municipality, or political |
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1 | subdivision of a state or any agency, department, or | ||||||
2 | instrumentality of the United States and any officer, agent, or | ||||||
3 | employee of these entities.
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4 | "Production company" means any person in the film, digital | ||||||
5 | and video media, television, commercial, and theatrical stage | ||||||
6 | industry who provides pyrotechnic services or pyrotechnic | ||||||
7 | display services as part of a film, digital and video media, | ||||||
8 | television, commercial, or theatrical production in the State | ||||||
9 | of Illinois and is licensed by the Office pursuant to the | ||||||
10 | Pyrotechnic Distributor and Operator Licensing Act. | ||||||
11 | "Pyrotechnic display" means the detonation, ignition, or | ||||||
12 | deflagration of display fireworks or flame effects to produce | ||||||
13 | visual or audible effects of a exhibitional nature before the | ||||||
14 | public, invitees, or licensees, regardless of whether | ||||||
15 | admission is charged, and as may be further defined in the | ||||||
16 | Pyrotechnic Distributor and Operator Licensing Act. | ||||||
17 | "Pyrotechnic distributor" means any person who distributes | ||||||
18 | display fireworks for sale in the State of Illinois or provides | ||||||
19 | them as part of a pyrotechnic display service in the State of | ||||||
20 | Illinois or provides only pyrotechnic services and is licensed | ||||||
21 | by the Office pursuant to the Pyrotechnic Distributor and | ||||||
22 | Operator Licensing Act. | ||||||
23 | "Pyrotechnic service" means the detonation, ignition or | ||||||
24 | deflagration of display fireworks, special effects or flame | ||||||
25 | effects to produce a visual or audible effect. | ||||||
26 | "Special effects fireworks" means pyrotechnic devices used |
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1 | for special effects by professionals in the performing arts in | ||||||
2 | conjunction with theatrical, musical, or other productions
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3 | that are similar to consumer fireworks in chemical compositions
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4 | and construction, but are not intended for consumer use and are
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5 | not labeled as such or identified as "intended for indoor use".
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6 | "Special effects fireworks" are classified as fireworks UN0431
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7 | or UN0432 by the United States Department of Transportation
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8 | under 49 C.F.R. 172.101.
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9 | (Source: P.A. 95-331, eff. 8-21-07; 96-708, eff. 8-25-09.)
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10 | (425 ILCS 35/6 new) | ||||||
11 | Sec. 6. Advertising of fireworks. | ||||||
12 | (a) After January 1, 2011, all commercial advertising | ||||||
13 | mediums for consumer fireworks shall bear the following | ||||||
14 | statement: | ||||||
15 | WARNING: Illinois Law Prohibits the Possession of | ||||||
16 | Certain Fireworks Without a Proper Permit. Check with Local | ||||||
17 | Fire Department/Law Enforcement Prior to Purchase. | ||||||
18 | (b) Such warning on billboards shall appear in the format | ||||||
19 | and type style prescribed under 15 U.S.C. 1333 (b)(3), as | ||||||
20 | amended. | ||||||
21 | (c) Such warning in print shall appear in the format and | ||||||
22 | type style prescribed under Section 201 of the federal Family | ||||||
23 | Smoking Prevention and Tobacco Control Act (Public Law 111-31), | ||||||
24 | as amended. | ||||||
25 | (d) Such warning in broadcast shall be verbal, clear, and |
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1 | concise. | ||||||
2 | (e) Any advertiser whose advertisement does not conform to | ||||||
3 | the provisions of this Section shall be subject to a fine not | ||||||
4 | to exceed $1,000 per day. | ||||||
5 | (f) The State's Attorney of the county in which a violation | ||||||
6 | occurs or the Attorney General may bring an action for the | ||||||
7 | enforcement of this Section and the rules adopted and orders | ||||||
8 | issued under this Section, in the name of the People of the | ||||||
9 | State of Illinois, and may, in addition to other remedies | ||||||
10 | provided in
this Act, bring an action for a temporary | ||||||
11 | restraining order, preliminary injunction, or an
injunction to | ||||||
12 | restrain any actual or threatened violation or to
impose or | ||||||
13 | collect a civil penalty for any violation. ".
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