SB2180eng 96TH GENERAL ASSEMBLY

SB2180 Engrossed LRB096 04327 RLJ 14373 b

AN ACT concerning novelty lighters.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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. The federal Consumer Product Safety Commission has recalled thousands of novelty lighters 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 Section, "novelty lighter" means a mechanical or electrical device typically used for lighting cigarettes, cigars, or pipes that is designed to appear to be a toy, features a flashing light, or makes musical sounds. The term includes but is not limited to lighters that resemble cartoon characters, toys, guns, watches, musical instruments, vehicles, toy animals, food, or beverages. "Novelty lighter" does not include (i) a lighter manufactured before January 1, 1980 or (ii) a lighter lacking fuel or a device necessary to produce combustion or a flame.

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 and the fine imposed is not to exceed $500 for each offense. Each day that a person violates this Section is a separate offense.

Section 99. Effective date. This Act takes effect upon becoming law.