Illinois General Assembly - Full Text of HB1482
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Full Text of HB1482  93rd General Assembly

HB1482 93rd General Assembly


                                     LRB093 07785 AMC 07974 b

 1        AN ACT in relation to fireworks.

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

 4        Section 1. Short title.  This Act may  be  cited  as  the
 5    Fireworks Displayer Licensing Act.

 6        Section 5. Definitions. In this Act:
 7        "Office" means Office of the State Fire Marshal.
 8        "Pyrotechnic   displayer"   means  any  person,  company,
 9    association, group of persons, or corporation that ignites or
10    otherwise  causes  display  or  consumer  fireworks   to   be
11    detonated,  ignited,  or  deflagrated  to produce a visual or
12    audible effect of an exhibitional nature before  the  public,
13    invitees, or licensees, regardless of whether an admission is
14    charged.
15        "Division  1.3G  (Class B) and 1.4G (Class C) explosives"
16    means any substance or article defined as a Division 1.3G  or
17    1.4G   explosive   by   the   United   States  Department  of
18    Transportation under 49 CFR 173.50.
19        "Pyrotechnic  distributor"  means  any  person,  company,
20    association, group of persons, or corporation who distributes
21    fireworks for sale in the State of Illinois.
22        "Lead pyrotechnic  operator"  or  "pyrotechnic  operator"
23    means  the  individual  with  overall  responsibility for the
24    safety, setup and discharge of  a  fireworks  or  pyrotechnic
25    display.
26        "Fireworks" means a composition or device for the purpose
27    of  producing  a  visible or an audible effect by combustion,
28    deflagration, or detonation and  includes  blank  cartridges,
29    toy  cannons  in  which  explosives  are  used,  the  type of
30    balloons that require fire underneath  to  propel  the  same,
31    firecrackers, torpedoes, skyrockets, Roman candles, bombs, or
                            -2-      LRB093 07785 AMC 07974 b
 1    other  fireworks  of  like  construction  and  any  fireworks
 2    containing  any  explosive  compound, or any tablets or other
 3    device containing  any  explosive  substance,  or  containing
 4    combustible  substances  producing  visual  effects; however,
 5    "fireworks" does not include  snake  or  glow  worm  pellets;
 6    smoke  devices;  trick  noisemakers known as "party poppers",
 7    "booby traps", "snappers", "trick matches", "cigarette loads"
 8    and "auto burglar alarms"; sparklers; toy pistols, toy canes,
 9    toy guns, or other devices in which  paper  or  plastic  caps
10    containing  twenty-five  hundredths  of  a  grain  or less of
11    explosive  compound  are  used,   providing   they   are   so
12    constructed that the hand cannot come in contact with the cap
13    when  in  place  for  the  explosion; and toy pistol paper or
14    plastic caps that contain less than twenty  hundredths  of  a
15    grain  of  explosive  mixture.  "Fireworks" includes Division
16    1.3G or 1.4G explosives.
17        "Person"  means   an   individual,   firm,   corporation,
18    association, partnership, company, consortium, joint venture,
19    commercial   entity,   State,   municipality,   or  political
20    subdivision  of  a  State  or  any  agency,  department,   or
21    instrumentality  of the United States and any officer, agent,
22    or employee of these entities.

23        Section 10. License; enforcement; failure to pay tax.  No
24    person  may act as a public fireworks displayer, or advertise
25    or use any title implying that the person is engaged  in  the
26    practice  or  occupation  of  display  of  fireworks,  unless
27    licensed  by the Office under this Act. No firm, association,
28    or corporation may act as an agency licensed under this  Act,
29    or  advertise or use any title implying that it is engaged in
30    the practice of display of fireworks, unless licensed by  the
31    Office under this Act. The State Fire Marshal, in the name of
32    the   People,  through  the  Attorney  General,  the  State's
33    Attorney of any county, any resident of  the  State,  or  any
                            -3-      LRB093 07785 AMC 07974 b
 1    legal entity within the State may apply for injunctive relief
 2    in  any  court to enjoin any person who has not been issued a
 3    license or whose license has been suspended, revoked, or  not
 4    renewed,  from  practicing a licensed activity. Upon filing a
 5    verified petition  in  court,  the  court,  if  satisfied  by
 6    affidavit,  or  otherwise,  that  the  person  is or has been
 7    practicing in violation of this Act, may  enter  a  temporary
 8    restraining  order  or  preliminary injunction, without bond,
 9    enjoining the defendant from further unlicensed  activity.  A
10    copy  of  the  verified  complaint  shall  be served upon the
11    defendant and the proceedings are to be conducted as in other
12    civil cases. The  court  may  enter  a  judgment  permanently
13    enjoining  a defendant from further unlicensed activity if it
14    is established that the defendant has been or  is  practicing
15    in  violation  of  this  Act.  In  case  of  violation of any
16    injunctive order or judgment entered under this Section,  the
17    court  may summarily try and punish the offender for contempt
18    of court. Injunctive  proceedings  are  in  addition  to  all
19    penalties and other remedies in this Act.

20        Section  15.  Deposit  of  fees. All fees collected under
21    this Act shall be deposited into the Fire Prevention Fund.

22        Section 30. Rules.  The State Fire  Marshal  shall  adopt
23    all  rules  necessary to carry out its responsibilities under
24    this Act including rules requiring the training, examination,
25    and  licensing  of  pyrotechnic  operators  engaging  in   or
26    responsible  for the handling and use of Division 1.3G (Class
27    B) and 1.4G (Class C) explosives. The test shall  incorporate
28    the  rules  and  regulations of the State Fire Marshal, which
29    shall be based upon nationally recognized standards  such  as
30    National  Fire  Protection Association (NFPA) 1123 guidelines
31    for outdoor displays and NFPA 1126 for indoor displays.
                            -4-      LRB093 07785 AMC 07974 b
 1        Section 35. Licensure requirements and fees.  Application
 2    for license. Each application for a license to practice under
 3    this  Act  shall be in writing and signed by the applicant on
 4    forms provided by the Office.
 5        (a)  After December 1, 2003,  no  person  may  engage  in
 6    pyrotechnic  display without first applying for and obtaining
 7    a license from the Office.  Applicants  for  a  license  must
 8    submit to the Office the following:
 9             (1)  It  must have a current Division 1.3G (Class B)
10        Bureau of Alcohol, Tobacco and Firearms (BATF) license.
11             (2)  It  must  show  proof  of   general   liability
12        insurance in an amount not less than $2,000,000.
13             (3)  It  must  show  proof  of workers' compensation
14        insurance for personnel lighting the fireworks.
15             (4)  Fees as established by the Office.
16             (5)  Evidence  of  registration   as   an   Illinois
17        corporation  or  evidence  of compliance with the Assumed
18        Business Name Act if applicable.
19             (6)  Evidence of compliance with the  qualifications
20        and standards established by the Office.
21             (7)  If  the  fireworks or pyrotechnic display is to
22        be fired from a flotation device on water, the  following
23        additional guidelines must be met:
24                  (A)  The  display  must  be  executed by manual
25             electronic firing or computer electric firing.
26                  (B)  Each pyrotechnic operator must wear a life
27             jacket or vest at all times while on  the  flotation
28             device.
29        (b)  After   July  1,  2004,  no  person  may  engage  in
30    pyrotechnic  distribution  without  first  applying  for  and
31    obtaining a license from the Office. Each  properly  licensed
32    distributor  may  sell to anyone within the State of Illinois
33    who presents a current BATF license  or  user  permit  and  a
34    local  fireworks  display  permit  from  the  local authority
                            -5-      LRB093 07785 AMC 07974 b
 1    having jurisdiction. Applicants for a license must submit  to
 2    the Office the following:
 3             (1)  It  must  have  a current BATF license for 1.3G
 4        (Class B) and 1.4G (Class C) Display Fireworks.
 5             (2)  It must show proof  of  $1,000,000  in  product
 6        liability insurance.
 7             (3)  Fees as established by the Office.
 8             (4)  Evidence   of   registration   as  an  Illinois
 9        corporation or evidence of compliance  with  the  Assumed
10        Business Name Act.
11             (5)  Evidence  of compliance with the qualifications
12        and standards established by the Office including  having
13        a licensed pyrotechnic operator for such displays.
14        (c)  After  July 1, 2004, no individual may act as a lead
15    operator in a pyrotechnics display without first applying for
16    and obtaining  a  pyrotechnic  operator's  license  from  the
17    Office.  Applicants  for  a license must submit to the Office
18    the following:
19             (1)  The fees set by the Office.
20             (2)  Have  the  requisite  training  or   continuing
21        education as established in the Office's rules.
22             (3)  Pass the examination of the Office.
23        (d)  After  July 1, 2004, no individual may assist a lead
24    pyrotechnic operator  in  conducting  a  pyrotechnic  display
25    without  having  been  certified  to  do  so.  To obtain such
26    certification, an individual  must  successfully  complete  a
27    State  Fire Marshal approved in-house training program with a
28    licensed displayer.  This certification shall be kept on file
29    with the Office of the State Fire Marshal.

30        Section  50.   Issuance   of   license;   renewal;   fees
31    nonrefundable.
32        (a)  The   Office,   upon  the  applicant's  satisfactory
33    completion of the requirements authorized under this Act  and
                            -6-      LRB093 07785 AMC 07974 b
 1    upon   receipt   of  the  requisite  fees,  shall  issue  the
 2    appropriate license showing the name and business location of
 3    the licensee, the dates of issuance, and expiration.
 4        (b)  Each licensee may apply for renewal of  his  or  her
 5    license  upon  payment of fees, as set forth in this Act. The
 6    expiration date and renewal period for  each  license  issued
 7    under  this Act shall be set by rule. Failure to renew within
 8    60 days of the date results in lapse of the license. A lapsed
 9    license may not be reinstated until a written application  is
10    filed,  the  renewal  fee  is paid, and the reinstatement fee
11    established by the Office is paid. Renewal and  reinstatement
12    fees  shall  be waived for persons who did not renew while on
13    active duty in the military  and  who  file  for  renewal  or
14    restoration within one year after discharge from the service.
15    A  lapsed  license  may  not be reinstated after 5 years have
16    elapsed except  upon  passing  an  examination  to  determine
17    fitness  to  have  the  license  restored  and  by paying the
18    required fees.
19        (c)  All fees paid under this Act are nonrefundable.

20        Section 55. Insufficient funds checks. Any person who  on
21    2  occasions issues or delivers a check or other order to the
22    Office that is not honored by the financial institution  upon
23    which  it  is  drawn because of insufficient funds on account
24    shall pay to the Office, in addition to the amount owing upon
25    the check or other order, a fee of $50. If the check or other
26    order was issued or delivered in payment of a renewal fee and
27    the licensee whose license has lapsed continues  to  practice
28    without paying the renewal fee and the $50 fee required under
29    this  Section,  an  additional  fee  of  $100  is imposed for
30    practicing without a current license. The Office  may  revoke
31    or  refuse to issue the license or licenses of any person who
32    fails to pay the requisite fees.
                            -7-      LRB093 07785 AMC 07974 b
 1        Section 60. Conditions of  renewal;  change  of  address;
 2    duplicate license; inspection.
 3        (a)  As  a  condition of renewal of a license, the Office
 4    may require the licensee to report information pertaining  to
 5    his  or her practice which the Office determines to be in the
 6    interest of public safety.
 7        (b)  A licensee shall report a change in home  or  office
 8    address within 10 days of the change.
 9        (c)  Each  licensee  shall prominently display his or her
10    license to practice at each place from which the practice  is
11    being  performed.  If  more than one location is used, branch
12    office certificates shall be issued upon payment of a fee  to
13    be established by the Office.
14        (d)  If  a  license  or  certificate is lost, a duplicate
15    shall be issued upon  payment  of  the  required  fee  to  be
16    established by the Office. If a licensee wishes to change his
17    or her name, the Office shall issue a license in the new name
18    upon  satisfactory  proof that the change of name was done in
19    accordance with law and upon payment of the required fee.
20        (e)  Each licensee shall permit his or her facilities  to
21    be inspected by representatives of the Office.

22        Section  65. Grounds for discipline. Licensees subject to
23    this Act shall conduct their practice in accordance with this
24    Act and the rules promulgated under this Act.  Licensees  are
25    subject  to  disciplinary sanctions enumerated in this Act if
26    the State Fire Marshal finds that a licensee is guilty of any
27    of the following:
28        (1)  Fraud or material deception in obtaining or renewing
29    a license.
30        (2)  Engaging    in    dishonorable,    unethical,     or
31    unprofessional  conduct  of  a  character  likely to deceive,
32    defraud, or harm the public in  the  course  of  professional
33    services or activities.
                            -8-      LRB093 07785 AMC 07974 b
 1        (3)  Conviction  of  any  crime  that  has  a substantial
 2    relationship to his or her practice or an  essential  element
 3    of which is misstatement, fraud, dishonesty, or conviction in
 4    this or another state of any crime that is a felony under the
 5    laws  of  Illinois  or  conviction  of  a felony in a federal
 6    court, unless the licensee demonstrates that he  or  she  has
 7    been sufficiently rehabilitated to warrant the public trust.
 8        (4)  Performing any service in a grossly negligent manner
 9    or permitting any licensed employee to perform a service in a
10    grossly negligent manner, regardless of whether actual damage
11    or damages to the public is established.
12        (5)  Habitual  drunkenness  or  habitual addiction to the
13    use of morphine, cocaine,  controlled  substances,  or  other
14    habit-forming drugs.
15        (6)  Directly    or    indirectly   willfully   receiving
16    compensation  for  any  professional  service  not   actually
17    rendered.
18        (7)  Having  disciplinary action taken against his or her
19    license in another state.
20        (8)  Making differential treatment against any person  to
21    his  or  her  detriment  because  of race, color, creed, sex,
22    religion, or national origin.
23        (9)  Engaging in unprofessional conduct.
24        (10)  Engaging in false or misleading advertising.
25        (11)  Contracting or assisting an  unlicensed  person  to
26    perform  services  for which a license is required under this
27    Act.
28        (12)  Permitting the use of his or her license to  enable
29    an unlicensed person or agency to operate as a licensee.
30        (13)  Performing  and  charging  for  a  service  without
31    having  the  authorization  to  do  so from the member of the
32    public being serviced.
33        (14)  Failure to comply with any provision of this Act or
34    the rules promulgated under this Act.
                            -9-      LRB093 07785 AMC 07974 b
 1        (15)  Conducting business regulated by this Act without a
 2    currently valid license.

 3        Section 75. Formal charges; hearing.
 4        (a)  The  Office  may  file  formal  charges  against   a
 5    licensee.  Formal  charges, at a minimum, inform the licensee
 6    of specific facts that are the basis of the charge to  enable
 7    the licensee to defend himself or herself.
 8        (b)  Each  licensee  whose  conduct  is  the subject of a
 9    formal  charge  that  seeks  to  impose  disciplinary  action
10    against the licensee shall be served  notice  of  the  formal
11    charge  at  least 30 days before the date of the hearing. The
12    hearing shall be presided over by the  Office  or  a  hearing
13    officer  authorized  by  the  Office  in  compliance with the
14    Illinois  Administrative  Procedure  Act.  Service  shall  be
15    considered to have been given if the  notice  was  personally
16    received  by  the  licensee  or  if  the  notice  was  mailed
17    certified,   return   requested,   to  the  licensee  at  the
18    licensee's last known address as listed with the Office.
19        (c)  The notice of a formal charge shall  consist,  at  a
20    minimum, of the following information:
21             (1)  The time and date of the hearing.
22             (2)  A   statement   that   the   licensee    appear
23        personally  at  the  hearing  and  may  be represented by
24        counsel.
25             (3)  A statement that the licensee has the right  to
26        produce  witnesses  and evidence in his or her behalf and
27        the  right  to  cross-examine  witnesses   and   evidence
28        produced against him or her.
29             (4)  A  statement  that  the  hearing  can result in
30        disciplinary  action  being  taken  against  his  or  her
31        license.
32             (5)  A statement that rules for the conduct of these
33        hearings exist and it may be in his or her best  interest
                            -10-     LRB093 07785 AMC 07974 b
 1        to obtain a copy.
 2             (6)  A statement that the hearing officer authorized
 3        by the Office shall preside at the hearing and, following
 4        the  conclusion  of  the  hearing, make findings of fact,
 5        conclusions  of  law,  and  recommendations,   separately
 6        stated,  to the Office as to what disciplinary action, if
 7        any, should be imposed on the licensee.
 8             (7)  A statement that the Office  may  continue  the
 9        hearing.
10        (d)  The  Office or the hearing officer authorized by the
11    Office shall hear evidence produced in support of the  formal
12    charges  and  contrary  evidence produced by the licensee, if
13    any. If the hearing is conducted by a hearing officer, at the
14    conclusion of the hearing, the  hearing  officer  shall  make
15    findings  of  fact,  conclusions of law, and recommendations,
16    separately stated, and submit them to the Office and  to  all
17    parties  to  the proceeding. Submission to the licensee shall
18    be considered as having  been  made  if  done  in  a  similar
19    fashion  as  service of the notice of formal charges.  Within
20    20 days after the service, any party to  the  proceeding  may
21    present  to the Office a motion, in writing, for a rehearing.
22    The written motion shall specify the particular  grounds  for
23    the rehearing.
24        (e)  The  Office, following the time allowed for filing a
25    motion for rehearing,  shall  review  the  hearing  officer's
26    finding of fact, conclusions of law, recommendations, and any
27    motions  filed subsequent to the hearing. After review of the
28    information the Office may hear oral arguments and thereafter
29    issue an order. The report of findings of  fact,  conclusions
30    of  law,  and recommendations of the hearing officer shall be
31    the basis for the Office's order. If the  Office  finds  that
32    substantial  justice  was  not done, it may issue an order in
33    contravention of the hearing officer's findings.
34        (f)  All proceedings under this Section  are  matters  of
                            -11-     LRB093 07785 AMC 07974 b
 1    public record and shall be preserved.

 2        Section 80. Sanctions.
 3        (a)  The   Office  shall  impose  any  of  the  following
 4    sanctions, singularly or in combination, when it finds that a
 5    licensee is guilty of any offense described in this Act:
 6             (1)  revocation;
 7             (2)  suspension for any period of time;
 8             (3)  reprimand or censure;
 9             (4)  place on probationary status  and  require  the
10        submission of any of the following:
11                  (i)  report   regularly   to  the  Office  upon
12             matters that are the basis of the probation;
13                  (ii)  continue or renew professional  education
14             until  a  satisfactory  degree  of  skill  has  been
15             attained  in  those  areas that are the basis of the
16             probation; or
17                  (iii)  such other  reasonable  requirements  or
18             restrictions as are proper.
19             (5)  refuse to issue, renew, or restore; or
20             (6)  revoke  probation  that  has  been  granted and
21        impose any other discipline in this subsection  (a)  when
22        the  requirements of probation have not been fulfilled or
23        have been violated.
24        (b)  The State  Fire  Marshal  may  summarily  suspend  a
25    license  under  this  Act,  without a hearing, simultaneously
26    with the filing of  a  formal  complaint  and  notice  for  a
27    hearing provided under this Section if the State Fire Marshal
28    finds  that  the continued operations of the individual would
29    constitute an immediate danger to the public.  In  the  event
30    the   State  Fire  Marshal  suspends  a  license  under  this
31    subsection, a hearing by the hearing  officer  designated  by
32    the  State  Fire Marshal shall begin within 20 days after the
33    suspension begins, unless continued at  the  request  of  the
                            -12-     LRB093 07785 AMC 07974 b
 1    licensee.
 2        (c)  Disposition  may  be made of any formal complaint by
 3    consent  order  between  the  State  Fire  Marshal  and   the
 4    licensee, but the Office must be apprised of the full consent
 5    order in a timely way.
 6        (d)  The  Office  shall  reinstate  any  license  to good
 7    standing under this Act, upon recommendation to  the  Office,
 8    after  a hearing before the hearing officer authorized by the
 9    Office. The Office shall be satisfied  that  the  applicant's
10    renewed practice is not contrary to the public interest.
11        (e)  The  Office may conduct hearings and issue cease and
12    desist orders to persons who engage in activities  prohibited
13    by  this  Act without having a valid license, certificate, or
14    registration. Any person in violation of a cease  and  desist
15    order entered by the Office is subject to all of the remedies
16    provided  by  law,  and  in  addition,  is subject to a civil
17    penalty payable to the party injured by the violation.

18        Section 85. Subpoena, production  of  evidence;  records;
19    administrative review; license suspension; revocation.
20        (a)  The  Office  has  the  power  to  subpoena and bring
21    before it any person in this  State  and  to  take  testimony
22    either  orally  or by deposition, or both, with the same fees
23    and mileage and in the same manner as is  prescribed  by  law
24    for  judicial  proceedings  in  civil  cases.  The State Fire
25    Marshal, the Office, and the hearing officer approved by  the
26    Office,  have  the  power  to administer oaths at any hearing
27    that the Office is authorized to conduct.
28        (b)  Any circuit  court,  upon  the  application  of  the
29    licensee,  the  Office,  or the State Fire Marshal, may order
30    the attendance of witnesses and the  production  of  relevant
31    books and papers in any hearing under this Act. The court may
32    compel obedience to its order by proceedings for contempt.
33        (c)  The  Office  of  the  State  Fire  Marshal,  at  its
                            -13-     LRB093 07785 AMC 07974 b
 1    expense,   shall  provide  a  stenographer  or  a  mechanical
 2    recording device to  record  the  testimony  and  preserve  a
 3    record of all proceedings at the hearing of any case in which
 4    a  license  may be revoked, suspended, placed on probationary
 5    status, or other disciplinary action taken with regard to the
 6    license. The notice of  hearing,  complaint,  and  all  other
 7    documents  in  the  nature  of  pleadings and written motions
 8    filed in the proceedings, the transcript  of  testimony,  the
 9    report  of  the  hearing  officer and the orders of the State
10    Fire Marshal shall constitute the record of the  proceedings.
11    The  Office  shall  furnish a transcript of the record to any
12    interested person upon payment of the costs  of  copying  and
13    transmitting the record.
14        (d)  All final administrative decisions of the Office are
15    subject  to  judicial  review under the Administrative Review
16    Law and the rules adopted under  that  Law.  Proceedings  for
17    judicial  review  shall  be commenced in the circuit court of
18    the county in which the party applying  for  review  resides;
19    but  if the party is not a resident of Illinois, the venue is
20    in Sangamon County. The State Fire Marshal is not required to
21    certify any record to the court or file any answer  in  court
22    or  otherwise  appear  in  any  court  in  a  judicial review
23    proceeding, unless there is  filed  in  the  court  with  the
24    complaint  a receipt from the Office acknowledging payment of
25    the costs of furnishing  and  certifying  the  record.  Those
26    costs  shall be computed at the cost of preparing the record.
27    Exhibits shall be certified without cost. Failure on the part
28    of the licensee to file the receipt in court is a ground  for
29    dismissal  of  the  action.  During  all judicial proceedings
30    incident to a disciplinary action, the sanctions imposed upon
31    the accused by the Office remain in effect, unless the  court
32    feels justice requires a stay of the order.
33        (e)  An  order  of  revocation,  suspension,  placing the
34    license on probationary status, or other formal  disciplinary
                            -14-     LRB093 07785 AMC 07974 b
 1    action  as  the  State Fire Marshal may consider proper, or a
 2    certified copy of the order over the seal of the  Office  and
 3    purporting  to  be signed by the State Fire Marshal, is prima
 4    facie proof that:
 5             (1)  the  signature  is  that  of  the  State   Fire
 6        Marshal;
 7             (2)  the State Fire Marshal is qualified to Act; and
 8             (3)  the  hearing  officer  is  qualified  to Act on
 9        behalf of the Office.
10        The proof specified in paragraphs (1), (2), and  (3)  may
11    be rebutted.
12        (f)  Upon  the  suspension  or  revocation  of  a license
13    issued under this Act, a licensee shall surrender the license
14    to the Office and upon failure to do  so,  the  Office  shall
15    seize the license.
16        (g)  The  Office,  upon  request, shall publish a list of
17    the names and addresses of all licensees under the provisions
18    of this Act. The Office shall publish a list of  all  persons
19    whose  licenses  have  been disciplined within the past year,
20    together with such other information as it  may  consider  of
21    interest to the public.

22        Section  90.  Penalties.  Any natural person who violates
23    any of the following  provisions  is  guilty  of  a  Class  A
24    misdemeanor  for the first offense and a corporation or other
25    entity that violates any of the following provision commits a
26    business offense punishable by a fine not to exceed $5,000; a
27    second or subsequent offenses in violation of any Section  of
28    this  Act,  including  this  Section, are Class 4 felonies if
29    committed  by  a  natural  person,  or  a  business   offense
30    punishable  by  a  fine  of  up  to $10,000 if committed by a
31    corporation or other business entity:
32             (1)  Practicing  or  attempting  to  practice  as  a
33        pyrotechnic   operator,   pyrotechnic   distributor    or
                            -15-     LRB093 07785 AMC 07974 b
 1        pyrotechnic displayer without a license;
 2             (2)  Obtaining  or  attempting  to obtain a license,
 3        practice or business, or any  other  thing  of  value  by
 4        fraudulent representation;
 5             (3)  Permitting,   directing,   or  authorizing  any
 6        person in  one's  employ  or  under  one's  direction  or
 7        supervision  to  work  or  serve  as  a  licensee if that
 8        individual does not possess an appropriate valid license.
 9        Whenever any person is  punished  as  a  repeat  offender
10    under  this  Section,  the  Office  may  proceed  to obtain a
11    permanent injunction against the person under Section 10.  If
12    any  person  in making any oath or affidavit required by this
13    Act swears falsely, the person is guilty of perjury and  upon
14    conviction may be punished accordingly.

15        Section  905.  The  Illinois Explosives Act is amended by
16    changing Section 1003 as follows:

17        (225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003)
18        Sec. 1003. Definitions.  As used in this Act:
19        (a)  "Person" means any individual, corporation, company,
20    association, partnership, or other legal entity.
21        (b)  "Explosive  materials"  means  explosives,  blasting
22    agents, and detonators.
23        (c)  "Explosive" means any chemical compound, mixture  or
24    device,  the    primary  or  common  purpose  of  which is to
25    function by explosion and includes high  or  low  explosives.
26    For purposes of the administration of this Act, the following
27    are  not  considered  explosives:  fixed ammunition for small
28    arms,   safety   fuses,   matches,   fireworks,    theatrical
29    pyrotechnics,  and  model rocket fuel. Manufactured articles,
30    including, but not limited to,  fixed  ammunition  for  small
31    arms,  fire  crackers,  safety   fuses,  and  matches are not
32    explosives when the individual units  contain  explosives  in
                            -16-     LRB093 07785 AMC 07974 b
 1    such  limited  quantity and of such nature or in such packing
 2    that  it  is  impossible  to  produce  a  simultaneous  or  a
 3    destructive explosion of such units which would be  injurious
 4    to life, limb or property.
 5        (d)  "Blasting  agent"  means  any  material  or  mixture
 6    consisting  of a fuel and oxidizer intended for blasting, not
 7    otherwise  defined  as  an   explosive,  provided  that   the
 8    finished  product, as mixed and packaged for use or shipment,
 9    cannot be detonated by means of a  No.  8  blasting  cap,  as
10    defined  by the Bureau of Alcohol, Tobacco and Firearms, U.S.
11    Department of Treasury, when unconfined.
12        (e)  "Detonator"  means   any   device   containing   any
13    initiating  or  primary explosive that is used for initiating
14    detonation.  A detonator may not contain more than  10  grams
15    of  total  explosives  by weight, excluding ignition or delay
16    charges.
17        (f)  "Highway" means any public street,  public  highway,
18    or public alley.
19        (g)  "Railroad"  or  "railway"  means   any public steam,
20    electric or other  railroad  or  rail  system  which  carries
21    passengers  for hire, but shall not include auxiliary tracks,
22    spurs and sidings installed and primarily used in serving any
23    mine, quarry or plant.
24        (h)  "Building" means and includes any building regularly
25    occupied, in  whole or in part, as  a  habitation  for  human
26    beings, and any church, schoolhouse, railway station or other
27    building  where  people  are accustomed to assemble, but does
28    not mean or include any buildings of a mine or quarry or  any
29    of  the buildings of a manufacturing plant where the business
30    of manufacturing explosive materials is conducted.
31        (i)  "Factory  building"  means  any  building  or  other
32    structure in  which  the  manufacture  or  any  part  of  the
33    manufacture of explosive materials is conducted.
34        (j)  "Magazine"  means any building or other structure or
                            -17-     LRB093 07785 AMC 07974 b
 1    container, other than  a  factory  building,  used  to  store
 2    explosive   materials.   Where  mobile  or  portable  type  5
 3    magazines are  permissible  and  used,  "magazine",  for  the
 4    purpose of obtaining certificates and calculating fees, means
 5    the site on which such magazines are located.
 6        (k)  "Magazine  keeper"  means  a  qualified  supervisory
 7    person  responsible  for  the  inventory  and safe storage of
 8    explosive materials,  including  the  proper  maintenance  of
 9    explosive materials, storage magazines and surrounding areas.
10        (l)  "Black    powder"   means   a  deflagrating  or  low
11    explosive compound of an intimate mixture of sulfur, charcoal
12    and an alkali nitrate, usually potassium or sodium nitrate.
13        (m)  "Municipality"  includes   cities,   villages,   and
14    incorporated towns and townships.
15        (n)  "Fugitive from justice" means any individual who has
16    fled  from  the  jurisdiction of any court of record to avoid
17    prosecution for any  crime  or to avoid giving  testimony  in
18    any  criminal  proceeding.  This  term shall also include any
19    individual who has been convicted of any crime and  has  fled
20    to avoid imprisonment.
21        (o)  "Department"   means   the   Department  of  Natural
22    Resources.
23        (p)  "Small arms" means guns of 50 calibers or less.
24        (q)  "Director" means the Director of Natural Resources.
25        (r)  "Storage certificate" means the  certificate  issued
26    by the Department under Article 3 of this Act that authorizes
27    the  holder  to store explosive materials in the magazine for
28    which the certificate is issued.
29        (s)  "License"  means  that   license   issued   by   the
30    Department under Article 2 of this Act authorizing the holder
31    to possess, use, purchase, transfer or dispose of, but not to
32    store, explosive materials.
33    (Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)
                            -18-     LRB093 07785 AMC 07974 b
 1        Section 910. The Fireworks Use Act is amended by changing
 2    Section 2 as follows:

 3        (425 ILCS 35/2) (from Ch. 127 1/2, par. 128)
 4        Sec.  2.   Except  as  hereinafter  provided  it shall be
 5    unlawful for any person, firm, co-partnership, or corporation
 6    to knowingly possess, offer for sale, expose for  sale,  sell
 7    at  retail,  or  use  or explode any fireworks; provided that
 8    city councils in cities, the president and board of  trustees
 9    in villages and incorporated towns, and outside the corporate
10    limits of cities, villages and incorporated towns, the county
11    board,  shall  have  power  to  adopt  reasonable  rules  and
12    regulations for the granting of permits for supervised public
13    displays of fireworks. Every such display shall be handled by
14    a  competent  individual  who  is  licensed as a pyrotechnics
15    displayer and pyrotechnic operator designated  by  the  local
16    authorities herein specified and shall be of such a character
17    and  so  located, discharged or fired, as not to be hazardous
18    to property or endanger any person  or  persons.  Application
19    for  permits  shall  be  made  in writing at least 15 days in
20    advance of the date of the display and action shall be  taken
21    on such application within 48 hours after such application is
22    made.  After  such  privilege shall have been granted, sales,
23    possession,  use  and  distribution  of  fireworks  for  such
24    display shall be lawful for  that  purpose  only.  No  permit
25    granted hereunder shall be transferable.
26        Permits  may  be  granted hereunder to any groups of 3 or
27    more adult individuals applying therefor. No permit shall  be
28    required,  under  the  provisions of this Act, for supervised
29    public displays by State or County fair associations.
30        The governing body shall require  proof  of  insurance  a
31    bond  from  the  licensee  in  a sum not less than $2,000,000
32    $1,000 conditioned on compliance with the provisions of  this
33    law  and  the  regulations  of the State Fire Marshal adopted
                            -19-     LRB093 07785 AMC 07974 b
 1    hereunder, except that no municipality shall be  required  to
 2    provide evidence of insurance file such bond.
 3        Such  permit shall be issued only after inspection of the
 4    display site by the issuing officer, to determine  that  such
 5    display  shall  not  be hazardous to property or endanger any
 6    person or persons.  Forms for such application and permit may
 7    be obtained from the Office of the State Fire  Marshal.   One
 8    copy  of  such  permit  shall  be  on  file  with the issuing
 9    officer, and one copy forwarded to the Office  of  the  State
10    Fire Marshal.
11        Possession   by   any  party  holding  a  certificate  of
12    registration  under  "The   Fireworks   Regulation   Act   of
13    Illinois",  filed  July 20, 1935, or by any employee or agent
14    of such party or by any  person  transporting  fireworks  for
15    such   party,   shall  not  be  a  violation,  provided  such
16    possession is within the scope of business of  the  fireworks
17    plant registered under that Act.
18    (Source: P.A. 86-1028.)

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