Illinois General Assembly - Full Text of HB1482
Illinois General Assembly

Previous General Assemblies

Full Text of HB1482  93rd General Assembly

HB1482eng 93rd General Assembly


HB1482 Engrossed                     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
HB1482 Engrossed            -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
HB1482 Engrossed            -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.
HB1482 Engrossed            -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  and  shall  be  accompanied  by
 5    proof  of  general  liability insurance in an amount not less
 6    than $2,000,000.
 7        (a)  After December 1, 2003,  all  pyrotechnic  displays,
 8    both  indoor  and  outdoor, must comply with the requirements
 9    set forth in this Act.
10        (b)  After  July  1,  2004,  no  person  may  engage   in
11    pyrotechnic  distribution  without  first  applying  for  and
12    obtaining  a  license from the Office. Each properly licensed
13    distributor may sell to anyone within the State  of  Illinois
14    who  presents  a  current  BATF license and a local fireworks
15    display permit from the  local  fire  chief  or  his  or  her
16    designee.   Applicants  for  a  license must submit to having
17    jurisdiction. Applicants for a license  must  submit  to  the
18    Office the following:
19             (1)  It  must  have  a current BATF license for 1.3G
20        (Class B) and 1.4G (Class C) Display Fireworks.
21             (2)  It must show proof  of  $1,000,000  in  product
22        liability insurance.
23             (3)  Fees as established by the Office.
24             (4)  Evidence   of   registration   as  an  Illinois
25        corporation or evidence of compliance  with  the  Assumed
26        Business Name Act.
27             (5)  Evidence  of compliance with the qualifications
28        and standards established by the Office including  having
29        a licensed pyrotechnic operator for such displays.
30        (c)  After  July 1, 2004, no individual may act as a lead
31    operator in a pyrotechnics display without first applying for
32    and obtaining  a  pyrotechnic  operator's  license  from  the
33    Office.  Applicants  for  a license must submit to the Office
34    the following:
HB1482 Engrossed            -5-      LRB093 07785 AMC 07974 b
 1             (1)  The fees set by the Office.
 2             (2)  Have  the  requisite  training  or   continuing
 3        education as established in the Office's rules.
 4             (3)  Pass the examination of the Office.
 5        (d)  After  July 1, 2004, no individual may assist a lead
 6    pyrotechnic operator  in  conducting  a  pyrotechnic  display
 7    without  having  been  certified  to  do  so.  To obtain such
 8    certification, an individual  must  successfully  complete  a
 9    State  Fire Marshal approved in-house training program with a
10    licensed displayer.  This certification shall be kept on file
11    with the Office of the State Fire Marshal.

12        Section  50.   Issuance   of   license;   renewal;   fees
13    nonrefundable.
14        (a)  The   Office,   upon  the  applicant's  satisfactory
15    completion of the requirements authorized under this Act  and
16    upon   receipt   of  the  requisite  fees,  shall  issue  the
17    appropriate license showing the name and business location of
18    the licensee, the dates of issuance, and expiration.
19        (b)  Each licensee may apply for renewal of  his  or  her
20    license  upon  payment of fees, as set forth in this Act. The
21    expiration date and renewal period for  each  license  issued
22    under  this Act shall be set by rule. Failure to renew within
23    60 days of the date results in lapse of the license. A lapsed
24    license may not be reinstated until a written application  is
25    filed,  the  renewal  fee  is paid, and the reinstatement fee
26    established by the Office is paid. Renewal and  reinstatement
27    fees  shall  be waived for persons who did not renew while on
28    active duty in the military  and  who  file  for  renewal  or
29    restoration within one year after discharge from the service.
30    A  lapsed  license  may  not be reinstated after 5 years have
31    elapsed except  upon  passing  an  examination  to  determine
32    fitness  to  have  the  license  restored  and  by paying the
33    required fees.
HB1482 Engrossed            -6-      LRB093 07785 AMC 07974 b
 1        (c)  All fees paid under this Act are nonrefundable.

 2        Section 55. Insufficient funds checks. Any person who  on
 3    2  occasions issues or delivers a check or other order to the
 4    Office that is not honored by the financial institution  upon
 5    which  it  is  drawn because of insufficient funds on account
 6    shall pay to the Office, in addition to the amount owing upon
 7    the check or other order, a fee of $50. If the check or other
 8    order was issued or delivered in payment of a renewal fee and
 9    the licensee whose license has lapsed continues  to  practice
10    without paying the renewal fee and the $50 fee required under
11    this  Section,  an  additional  fee  of  $100  is imposed for
12    practicing without a current license. The Office  may  revoke
13    or  refuse to issue the license or licenses of any person who
14    fails to pay the requisite fees.

15        Section 60. Conditions of  renewal;  change  of  address;
16    duplicate license; inspection.
17        (a)  As  a  condition of renewal of a license, the Office
18    may require the licensee to report information pertaining  to
19    his  or her practice which the Office determines to be in the
20    interest of public safety.
21        (b)  A licensee shall report a change in home  or  office
22    address within 10 days of the change.
23        (c)  Each  licensee  shall prominently display his or her
24    license to practice at each place from which the practice  is
25    being  performed.  If  more than one location is used, branch
26    office certificates shall be issued upon payment of a fee  to
27    be established by the Office.
28        (d)  If  a  license  or  certificate is lost, a duplicate
29    shall be issued upon  payment  of  the  required  fee  to  be
30    established by the Office. If a licensee wishes to change his
31    or her name, the Office shall issue a license in the new name
32    upon  satisfactory  proof that the change of name was done in
HB1482 Engrossed            -7-      LRB093 07785 AMC 07974 b
 1    accordance with law and upon payment of the required fee.
 2        (e)  Each licensee shall permit his or her facilities  to
 3    be inspected by representatives of the Office.

 4        Section  65. Grounds for discipline. Licensees subject to
 5    this Act shall conduct their practice in accordance with this
 6    Act and the rules promulgated under this Act.  Licensees  are
 7    subject  to  disciplinary sanctions enumerated in this Act if
 8    the State Fire Marshal finds that a licensee is guilty of any
 9    of the following:
10        (1)  Fraud or material deception in obtaining or renewing
11    a license.
12        (2)  Engaging    in    dishonorable,    unethical,     or
13    unprofessional  conduct  of  a  character  likely to deceive,
14    defraud, or harm the public in  the  course  of  professional
15    services or activities.
16        (3)  Conviction  of  any  crime  that  has  a substantial
17    relationship to his or her practice or an  essential  element
18    of which is misstatement, fraud, dishonesty, or conviction in
19    this or another state of any crime that is a felony under the
20    laws  of  Illinois  or  conviction  of  a felony in a federal
21    court, unless the licensee demonstrates that he  or  she  has
22    been sufficiently rehabilitated to warrant the public trust.
23        (4)  Performing any service in a grossly negligent manner
24    or permitting any licensed employee to perform a service in a
25    grossly negligent manner, regardless of whether actual damage
26    or damages to the public is established.
27        (5)  Habitual  drunkenness  or  habitual addiction to the
28    use of morphine, cocaine,  controlled  substances,  or  other
29    habit-forming drugs.
30        (6)  Directly    or    indirectly   willfully   receiving
31    compensation  for  any  professional  service  not   actually
32    rendered.
33        (7)  Having  disciplinary action taken against his or her
HB1482 Engrossed            -8-      LRB093 07785 AMC 07974 b
 1    license in another state.
 2        (8)  Making differential treatment against any person  to
 3    his  or  her  detriment  because  of race, color, creed, sex,
 4    religion, or national origin.
 5        (9)  Engaging in unprofessional conduct.
 6        (10)  Engaging in false or misleading advertising.
 7        (11)  Contracting or assisting an  unlicensed  person  to
 8    perform  services  for which a license is required under this
 9    Act.
10        (12)  Permitting the use of his or her license to  enable
11    an unlicensed person or agency to operate as a licensee.
12        (13)  Performing  and  charging  for  a  service  without
13    having  the  authorization  to  do  so from the member of the
14    public being serviced.
15        (14)  Failure to comply with any provision of this Act or
16    the rules promulgated under this Act.
17        (15)  Conducting business regulated by this Act without a
18    currently valid license.

19        Section 75. Formal charges; hearing.
20        (a)  The  Office  may  file  formal  charges  against   a
21    licensee.  Formal  charges, at a minimum, inform the licensee
22    of specific facts that are the basis of the charge to  enable
23    the licensee to defend himself or herself.
24        (b)  Each  licensee  whose  conduct  is  the subject of a
25    formal  charge  that  seeks  to  impose  disciplinary  action
26    against the licensee shall be served  notice  of  the  formal
27    charge  at  least 30 days before the date of the hearing. The
28    hearing shall be presided over by the  Office  or  a  hearing
29    officer  authorized  by  the  Office  in  compliance with the
30    Illinois  Administrative  Procedure  Act.  Service  shall  be
31    considered to have been given if the  notice  was  personally
32    received  by  the  licensee  or  if  the  notice  was  mailed
33    certified,   return   requested,   to  the  licensee  at  the
HB1482 Engrossed            -9-      LRB093 07785 AMC 07974 b
 1    licensee's last known address as listed with the Office.
 2        (c)  The notice of a formal charge shall  consist,  at  a
 3    minimum, of the following information:
 4             (1)  The time and date of the hearing.
 5             (2)  A   statement   that   the   licensee    appear
 6        personally  at  the  hearing  and  may  be represented by
 7        counsel.
 8             (3)  A statement that the licensee has the right  to
 9        produce  witnesses  and evidence in his or her behalf and
10        the  right  to  cross-examine  witnesses   and   evidence
11        produced against him or her.
12             (4)  A  statement  that  the  hearing  can result in
13        disciplinary  action  being  taken  against  his  or  her
14        license.
15             (5)  A statement that rules for the conduct of these
16        hearings exist and it may be in his or her best  interest
17        to obtain a copy.
18             (6)  A statement that the hearing officer authorized
19        by the Office shall preside at the hearing and, following
20        the  conclusion  of  the  hearing, make findings of fact,
21        conclusions  of  law,  and  recommendations,   separately
22        stated,  to the Office as to what disciplinary action, if
23        any, should be imposed on the licensee.
24             (7)  A statement that the Office  may  continue  the
25        hearing.
26        (d)  The  Office or the hearing officer authorized by the
27    Office shall hear evidence produced in support of the  formal
28    charges  and  contrary  evidence produced by the licensee, if
29    any. If the hearing is conducted by a hearing officer, at the
30    conclusion of the hearing, the  hearing  officer  shall  make
31    findings  of  fact,  conclusions of law, and recommendations,
32    separately stated, and submit them to the Office and  to  all
33    parties  to  the proceeding. Submission to the licensee shall
34    be considered as having  been  made  if  done  in  a  similar
HB1482 Engrossed            -10-     LRB093 07785 AMC 07974 b
 1    fashion  as  service of the notice of formal charges.  Within
 2    20 days after the service, any party to  the  proceeding  may
 3    present  to the Office a motion, in writing, for a rehearing.
 4    The written motion shall specify the particular  grounds  for
 5    the rehearing.
 6        (e)  The  Office, following the time allowed for filing a
 7    motion for rehearing,  shall  review  the  hearing  officer's
 8    finding of fact, conclusions of law, recommendations, and any
 9    motions  filed subsequent to the hearing. After review of the
10    information the Office may hear oral arguments and thereafter
11    issue an order. The report of findings of  fact,  conclusions
12    of  law,  and recommendations of the hearing officer shall be
13    the basis for the Office's order. If the  Office  finds  that
14    substantial  justice  was  not done, it may issue an order in
15    contravention of the hearing officer's findings.
16        (f)  All proceedings under this Section  are  matters  of
17    public record and shall be preserved.

18        Section 80. Sanctions.
19        (a)  The   Office  shall  impose  any  of  the  following
20    sanctions, singularly or in combination, when it finds that a
21    licensee is guilty of any offense described in this Act:
22             (1)  revocation;
23             (2)  suspension for any period of time;
24             (3)  reprimand or censure;
25             (4)  place on probationary status  and  require  the
26        submission of any of the following:
27                  (i)  report   regularly   to  the  Office  upon
28             matters that are the basis of the probation;
29                  (ii)  continue or renew professional  education
30             until  a  satisfactory  degree  of  skill  has  been
31             attained  in  those  areas that are the basis of the
32             probation; or
33                  (iii)  such other  reasonable  requirements  or
HB1482 Engrossed            -11-     LRB093 07785 AMC 07974 b
 1             restrictions as are proper.
 2             (5)  refuse to issue, renew, or restore; or
 3             (6)  revoke  probation  that  has  been  granted and
 4        impose any other discipline in this subsection  (a)  when
 5        the  requirements of probation have not been fulfilled or
 6        have been violated.
 7        (b)  The State  Fire  Marshal  may  summarily  suspend  a
 8    license  under  this  Act,  without a hearing, simultaneously
 9    with the filing of  a  formal  complaint  and  notice  for  a
10    hearing provided under this Section if the State Fire Marshal
11    finds  that  the continued operations of the individual would
12    constitute an immediate danger to the public.  In  the  event
13    the   State  Fire  Marshal  suspends  a  license  under  this
14    subsection, a hearing by the hearing  officer  designated  by
15    the  State  Fire Marshal shall begin within 20 days after the
16    suspension begins, unless continued at  the  request  of  the
17    licensee.
18        (c)  Disposition  may  be made of any formal complaint by
19    consent  order  between  the  State  Fire  Marshal  and   the
20    licensee, but the Office must be apprised of the full consent
21    order in a timely way.
22        (d)  The  Office  shall  reinstate  any  license  to good
23    standing under this Act, upon recommendation to  the  Office,
24    after  a hearing before the hearing officer authorized by the
25    Office. The Office shall be satisfied  that  the  applicant's
26    renewed practice is not contrary to the public interest.
27        (e)  The  Office may conduct hearings and issue cease and
28    desist orders to persons who engage in activities  prohibited
29    by  this  Act without having a valid license, certificate, or
30    registration. Any person in violation of a cease  and  desist
31    order entered by the Office is subject to all of the remedies
32    provided  by  law,  and  in  addition,  is subject to a civil
33    penalty payable to the party injured by the violation.
HB1482 Engrossed            -12-     LRB093 07785 AMC 07974 b
 1        Section 85. Subpoena, production  of  evidence;  records;
 2    administrative review; license suspension; revocation.
 3        (a)  The  Office  has  the  power  to  subpoena and bring
 4    before it any person in this  State  and  to  take  testimony
 5    either  orally  or by deposition, or both, with the same fees
 6    and mileage and in the same manner as is  prescribed  by  law
 7    for  judicial  proceedings  in  civil  cases.  The State Fire
 8    Marshal, the Office, and the hearing officer approved by  the
 9    Office,  have  the  power  to administer oaths at any hearing
10    that the Office is authorized to conduct.
11        (b)  Any circuit  court,  upon  the  application  of  the
12    licensee,  the  Office,  or the State Fire Marshal, may order
13    the attendance of witnesses and the  production  of  relevant
14    books and papers in any hearing under this Act. The court may
15    compel obedience to its order by proceedings for contempt.
16        (c)  The  Office  of  the  State  Fire  Marshal,  at  its
17    expense,   shall  provide  a  stenographer  or  a  mechanical
18    recording device to  record  the  testimony  and  preserve  a
19    record of all proceedings at the hearing of any case in which
20    a  license  may be revoked, suspended, placed on probationary
21    status, or other disciplinary action taken with regard to the
22    license. The notice of  hearing,  complaint,  and  all  other
23    documents  in  the  nature  of  pleadings and written motions
24    filed in the proceedings, the transcript  of  testimony,  the
25    report  of  the  hearing  officer and the orders of the State
26    Fire Marshal shall constitute the record of the  proceedings.
27    The  Office  shall  furnish a transcript of the record to any
28    interested person upon payment of the costs  of  copying  and
29    transmitting the record.
30        (d)  All final administrative decisions of the Office are
31    subject  to  judicial  review under the Administrative Review
32    Law and the rules adopted under  that  Law.  Proceedings  for
33    judicial  review  shall  be commenced in the circuit court of
34    the county in which the party applying  for  review  resides;
HB1482 Engrossed            -13-     LRB093 07785 AMC 07974 b
 1    but  if the party is not a resident of Illinois, the venue is
 2    in Sangamon County. The State Fire Marshal is not required to
 3    certify any record to the court or file any answer  in  court
 4    or  otherwise  appear  in  any  court  in  a  judicial review
 5    proceeding, unless there is  filed  in  the  court  with  the
 6    complaint  a receipt from the Office acknowledging payment of
 7    the costs of furnishing  and  certifying  the  record.  Those
 8    costs  shall be computed at the cost of preparing the record.
 9    Exhibits shall be certified without cost. Failure on the part
10    of the licensee to file the receipt in court is a ground  for
11    dismissal  of  the  action.  During  all judicial proceedings
12    incident to a disciplinary action, the sanctions imposed upon
13    the accused by the Office remain in effect, unless the  court
14    feels justice requires a stay of the order.
15        (e)  An  order  of  revocation,  suspension,  placing the
16    license on probationary status, or other formal  disciplinary
17    action  as  the  State Fire Marshal may consider proper, or a
18    certified copy of the order over the seal of the  Office  and
19    purporting  to  be signed by the State Fire Marshal, is prima
20    facie proof that:
21             (1)  the  signature  is  that  of  the  State   Fire
22        Marshal;
23             (2)  the State Fire Marshal is qualified to Act; and
24             (3)  the  hearing  officer  is  qualified  to Act on
25        behalf of the Office.
26        The proof specified in paragraphs (1), (2), and  (3)  may
27    be rebutted.
28        (f)  Upon  the  suspension  or  revocation  of  a license
29    issued under this Act, a licensee shall surrender the license
30    to the Office and upon failure to do  so,  the  Office  shall
31    seize the license.
32        (g)  The  Office,  upon  request, shall publish a list of
33    the names and addresses of all licensees under the provisions
34    of this Act. The Office shall publish a list of  all  persons
HB1482 Engrossed            -14-     LRB093 07785 AMC 07974 b
 1    whose  licenses  have  been disciplined within the past year,
 2    together with such other information as it  may  consider  of
 3    interest to the public.

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

30        Section  905.  The  Illinois Explosives Act is amended by
31    changing Section 1003 as follows:
HB1482 Engrossed            -15-     LRB093 07785 AMC 07974 b
 1        (225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003)
 2        Sec. 1003. Definitions.  As used in this Act:
 3        (a)  "Person" means any individual, corporation, company,
 4    association, partnership, or other legal entity.
 5        (b)  "Explosive  materials"  means  explosives,  blasting
 6    agents, and detonators.
 7        (c)  "Explosive" means any chemical compound, mixture  or
 8    device,  the    primary  or  common  purpose  of  which is to
 9    function by explosion and includes high  or  low  explosives.
10    For purposes of the administration of this Act, the following
11    are  not  considered  explosives:  fixed ammunition for small
12    arms,   safety   fuses,   matches,   fireworks,    theatrical
13    pyrotechnics,  and  model rocket fuel. Manufactured articles,
14    including, but not limited to,  fixed  ammunition  for  small
15    arms,  fire  crackers,  safety   fuses,  and  matches are not
16    explosives when the individual units  contain  explosives  in
17    such  limited  quantity and of such nature or in such packing
18    that  it  is  impossible  to  produce  a  simultaneous  or  a
19    destructive explosion of such units which would be  injurious
20    to life, limb or property.
21        (d)  "Blasting  agent"  means  any  material  or  mixture
22    consisting  of a fuel and oxidizer intended for blasting, not
23    otherwise  defined  as  an   explosive,  provided  that   the
24    finished  product, as mixed and packaged for use or shipment,
25    cannot be detonated by means of a  No.  8  blasting  cap,  as
26    defined  by the Bureau of Alcohol, Tobacco and Firearms, U.S.
27    Department of Treasury, when unconfined.
28        (e)  "Detonator"  means   any   device   containing   any
29    initiating  or  primary explosive that is used for initiating
30    detonation.  A detonator may not contain more than  10  grams
31    of  total  explosives  by weight, excluding ignition or delay
32    charges.
33        (f)  "Highway" means any public street,  public  highway,
34    or public alley.
HB1482 Engrossed            -16-     LRB093 07785 AMC 07974 b
 1        (g)  "Railroad"  or  "railway"  means   any public steam,
 2    electric or other  railroad  or  rail  system  which  carries
 3    passengers  for hire, but shall not include auxiliary tracks,
 4    spurs and sidings installed and primarily used in serving any
 5    mine, quarry or plant.
 6        (h)  "Building" means and includes any building regularly
 7    occupied, in  whole or in part, as  a  habitation  for  human
 8    beings, and any church, schoolhouse, railway station or other
 9    building  where  people  are accustomed to assemble, but does
10    not mean or include any buildings of a mine or quarry or  any
11    of  the buildings of a manufacturing plant where the business
12    of manufacturing explosive materials is conducted.
13        (i)  "Factory  building"  means  any  building  or  other
14    structure in  which  the  manufacture  or  any  part  of  the
15    manufacture of explosive materials is conducted.
16        (j)  "Magazine"  means any building or other structure or
17    container, other than  a  factory  building,  used  to  store
18    explosive   materials.   Where  mobile  or  portable  type  5
19    magazines are  permissible  and  used,  "magazine",  for  the
20    purpose of obtaining certificates and calculating fees, means
21    the site on which such magazines are located.
22        (k)  "Magazine  keeper"  means  a  qualified  supervisory
23    person  responsible  for  the  inventory  and safe storage of
24    explosive materials,  including  the  proper  maintenance  of
25    explosive materials, storage magazines and surrounding areas.
26        (l)  "Black    powder"   means   a  deflagrating  or  low
27    explosive compound of an intimate mixture of sulfur, charcoal
28    and an alkali nitrate, usually potassium or sodium nitrate.
29        (m)  "Municipality"  includes   cities,   villages,   and
30    incorporated towns and townships.
31        (n)  "Fugitive from justice" means any individual who has
32    fled  from  the  jurisdiction of any court of record to avoid
33    prosecution for any  crime  or to avoid giving  testimony  in
34    any  criminal  proceeding.  This  term shall also include any
HB1482 Engrossed            -17-     LRB093 07785 AMC 07974 b
 1    individual who has been convicted of any crime and  has  fled
 2    to avoid imprisonment.
 3        (o)  "Department"   means   the   Department  of  Natural
 4    Resources.
 5        (p)  "Small arms" means guns of 50 calibers or less.
 6        (q)  "Director" means the Director of Natural Resources.
 7        (r)  "Storage certificate" means the  certificate  issued
 8    by the Department under Article 3 of this Act that authorizes
 9    the  holder  to store explosive materials in the magazine for
10    which the certificate is issued.
11        (s)  "License"  means  that   license   issued   by   the
12    Department under Article 2 of this Act authorizing the holder
13    to possess, use, purchase, transfer or dispose of, but not to
14    store, explosive materials.
15    (Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)

16        Section 910. The Fireworks Use Act is amended by changing
17    Section 2 as follows:

18        (425 ILCS 35/2) (from Ch. 127 1/2, par. 128)
19        Sec.  2.   Except  as  hereinafter  provided  it shall be
20    unlawful for any person, firm, co-partnership, or corporation
21    to knowingly possess, offer for sale, expose for  sale,  sell
22    at  retail,  or  use  or explode any fireworks; provided that
23    city councils in cities, the president and board of  trustees
24    in villages and incorporated towns, and outside the corporate
25    limits of cities, villages and incorporated towns, the county
26    board,  shall  have  power  to  adopt  reasonable  rules  and
27    regulations for the granting of permits for supervised public
28    displays of fireworks. Every such display shall be handled by
29    a  competent  individual  who  is  licensed as a pyrotechnics
30    displayer and pyrotechnic operator designated  by  the  local
31    authorities herein specified and shall be of such a character
32    and  so  located, discharged or fired, as not to be hazardous
HB1482 Engrossed            -18-     LRB093 07785 AMC 07974 b
 1    to property or endanger any person  or  persons.  Application
 2    for  permits  shall  be  made  in writing at least 15 days in
 3    advance of the date of the display and action shall be  taken
 4    on such application within 48 hours after such application is
 5    made.  After  such  privilege shall have been granted, sales,
 6    possession,  use  and  distribution  of  fireworks  for  such
 7    display shall be lawful for  that  purpose  only.  No  permit
 8    granted hereunder shall be transferable.
 9        Permits  may  be  granted hereunder to any groups of 3 or
10    more adult individuals applying therefor. No permit shall  be
11    required,  under  the  provisions of this Act, for supervised
12    public displays by State or County fair associations.
13        The governing body shall require  proof  of  insurance  a
14    bond  from  the  licensee  in  a sum not less than $2,000,000
15    $1,000 conditioned on compliance with the provisions of  this
16    law  and  the  regulations  of the State Fire Marshal adopted
17    hereunder, except that no municipality shall be  required  to
18    provide evidence of insurance file such bond.
19        Such  permit shall be issued only after inspection of the
20    display site by the issuing officer, to determine  that  such
21    display  shall be in full compliance with the 2000 edition of
22    the  National  Fire  Protection  Association  1123  Code  for
23    Fireworks Display or with the 2001 edition  of  the  National
24    Fire   Protection   Association   Standard  for  the  Use  of
25    Pyrotechnics before a Proximate Audience  and  shall  not  be
26    hazardous  to  property  or  endanger  any person or persons.
27    Forms for such application and permit may  be  obtained  from
28    the  Office  of  the  State  Fire  Marshal.  One copy of such
29    permit shall be on file with the  issuing  officer,  and  one
30    copy forwarded to the Office of the State Fire Marshal.
31        Possession   by   any  party  holding  a  certificate  of
32    registration  under  "The   Fireworks   Regulation   Act   of
33    Illinois",  filed  July 20, 1935, or by any employee or agent
34    of such party or by any  person  transporting  fireworks  for
HB1482 Engrossed            -19-     LRB093 07785 AMC 07974 b
 1    such   party,   shall  not  be  a  violation,  provided  such
 2    possession is within the scope of business of  the  fireworks
 3    plant registered under that Act.
 4    (Source: P.A. 86-1028.)

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