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

HB1482sam002 93rd General Assembly


                                     LRB093 07785 AMC 16442 a

 1                    AMENDMENT TO HOUSE BILL 1482

 2        AMENDMENT NO.     .  Amend House Bill 1482  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Pyrotechnic Operator Licensing Act.

 6        Section 5.  Definitions. In this Act:
 7        "Display  fireworks"  means  any  substance  or   article
 8    defined  as  a  Division  1.3G or 1.4 explosive by the United
 9    States Department of Transportation under 49 CFR 173.50.
10        "Fireworks" has the meaning given to  that  term  in  the
11    Fireworks Use Act.
12        "Lead  pyrotechnic  operator"  means  the individual with
13    overall responsibility for the safety, setup, discharge,  and
14    supervision of a pyrotechnic display.
15        "Office" means Office of the State Fire Marshal.
16        "Person"   means   an   individual,   firm,  corporation,
17    association, partnership, company, consortium, joint venture,
18    commercial  entity,   state,   municipality,   or   political
19    subdivision   of  a  state  or  any  agency,  department,  or
20    instrumentality of the United States and any officer,  agent,
21    or employee of these entities.
22        "Pyrotechnic  display" or "display" means the detonation,
                            -2-      LRB093 07785 AMC 16442 a
 1    ignition, or deflagration of display fireworks to  produce  a
 2    visual or audible effect of an exhibitional nature before the
 3    public,   invitees,   or  licensees,  regardless  of  whether
 4    admission is charged.

 5        Section 10.  License; enforcement. No person may act as a
 6    lead pyrotechnic operator, or  advertise  or  use  any  title
 7    implying  that  the  person  is  a lead pyrotechnic operator,
 8    unless licensed by the Office under this Act. An out-of-state
 9    person hired for or engaged in  a  pyrotechnic  display  must
10    have  a  person licensed under this Act as a lead pyrotechnic
11    operator supervising the display.  The State Fire Marshal, in
12    the name of the People, through  the  Attorney  General,  the
13    State's Attorney of any county, any resident of the State, or
14    any  legal  entity  within the State may apply for injunctive
15    relief in any court to enjoin any person  who  has  not  been
16    issued  a  license  or  whose  license  has  been  suspended,
17    revoked, or not renewed, from practicing a licensed activity.
18    Upon  filing  a  verified  petition  in  court, the court, if
19    satisfied by affidavit, or otherwise, that the person  is  or
20    has  been  practicing  in  violation of this Act, may enter a
21    temporary  restraining  order  or   preliminary   injunction,
22    without bond, enjoining the defendant from further unlicensed
23    activity.  A  copy  of the verified complaint shall be served
24    upon the defendant and the proceedings are to be conducted as
25    in  other  civil  cases.  The  court  may  enter  a  judgment
26    permanently enjoining a  defendant  from  further  unlicensed
27    activity  if it is established that the defendant has been or
28    is practicing in violation of this Act. In case of  violation
29    of  any  injunctive  order  or  judgment  entered  under this
30    Section, the court may summarily try and punish the  offender
31    for contempt of court. Injunctive proceedings are in addition
32    to all penalties and other remedies in this Act.
                            -3-      LRB093 07785 AMC 16442 a
 1        Section  15.  Deposit  of  fees. All fees collected under
 2    this Act shall be deposited into the Fire Prevention Fund.

 3        Section 30.  Rules. The State Fire  Marshal  shall  adopt
 4    all  rules  necessary to carry out its responsibilities under
 5    this Act including rules requiring the training, examination,
 6    and licensing of lead pyrotechnic operators  engaging  in  or
 7    responsible  for the handling and use of Division 1.3G (Class
 8    B) and 1.4 (Class C) explosives. The test  shall  incorporate
 9    the  rules  of  the  State Fire Marshal, which shall be based
10    upon nationally recognized standards such  as  those  of  the
11    National  Fire  Protection Association (NFPA) 1123 guidelines
12    for outdoor displays and NFPA 1126 for indoor  displays.  The
13    Fire  Marshal shall adopt rules as required for the licensing
14    of a lead pyrotechnic operator  involved  in  an  outdoor  or
15    indoor pyrotechnic display.

16        Section 35.  Licensure requirements and fees.
17        (a)  Each  application  for  a  license to practice under
18    this Act shall be in writing and signed by the  applicant  on
19    forms  provided  by  the  Office.  The  Office shall have the
20    testing  procedures  for  licensing  as  a  lead  pyrotechnic
21    operator developed by October 1, 2004.
22        (b)  After April 1, 2005, all pyrotechnic displays,  both
23    indoor  and  outdoor,  must  comply with the requirements set
24    forth in this Act.
25        (c)  After April 1, 2005, no individual may act as a lead
26    operator in a pyrotechnic display without first applying  for
27    and  obtaining a lead pyrotechnic operator's license from the
28    Office. The Office shall establish separate licenses for lead
29    pyrotechnic operators  for  indoor  and  outdoor  pyrotechnic
30    displays. Applicants for a license must:
31             (1)  Pay the fees set by the Office.
32             (2)    Have  the  requisite  training  or continuing
                            -4-      LRB093 07785 AMC 16442 a
 1        education as established in the Office's rules.
 2             (3)  Pass the examination presented by the Office.
 3        (d)  A person is qualified to  receive  a  license  under
 4    this  Act  if  the  person meets all of the following minimum
 5    requirements:
 6             (1)  Is at least 21 years of age.
 7             (2)  Has not willfully violated  any  provisions  of
 8        this Act.
 9             (3)  Has  not  made  any  material  misstatement  or
10        knowingly  withheld  information  in  connection with any
11        original or renewal application.
12             (4)  Has  not  been  declared  incompetent  by   any
13        competent  court  by reasons of mental or physical defect
14        or disease unless a court has since declared  the  person
15        competent.
16             (5)  Does  not have an addiction to or dependency on
17        alcohol or drugs that is likely to endanger the public at
18        a pyrotechnic display.
19             (6)  Has not been convicted in any  jurisdiction  of
20        any felony within the prior 5 years.
21             (7)  Is not a fugitive from justice.
22        (e)  A  person  is qualified to assist a lead operator if
23    the person meets all of the following minimum requirements:
24             (1)  Is at least 18 years of age.
25             (2)  Has not willfully  violated  any  provision  of
26        this Act.
27             (3)  Has   not  been  declared  incompetent  by  any
28        competent court by reasons of mental or  physical  defect
29        or  disease  unless a court has since declared the person
30        competent.
31             (4)  Does not have an addiction to or dependency  on
32        alcohol or drugs that is likely to endanger the public at
33        a pyrotechnic display.
34             (5)  Has  not  been convicted in any jurisdiction of
                            -5-      LRB093 07785 AMC 16442 a
 1        any felony within the prior 5 years.
 2             (6)  Is not a fugitive from justice.

 3        Section 40.  Fingerprint card; fees. Each applicant shall
 4    file with his or her application a fingerprint  card  in  the
 5    form and manner required by the Department of State Police to
 6    enable  the  Department of State Police to conduct a criminal
 7    history check on the applicant.
 8        Each applicant for a license shall submit, in addition to
 9    the license fee, a fee specified by the Department  of  State
10    Police  for  processing  fingerprint cards, which may be made
11    payable to the  State  Police  Services  Fund  and  shall  be
12    remitted  to  the Department of State Police for deposit into
13    that Fund.

14        Section   45.  Investigation.   Upon   receipt   of    an
15    application,  the Office shall investigate the eligibility of
16    the applicant.  The  Office  has  authority  to  request  and
17    receive  from any federal, state or local governmental agency
18    such information and assistance as will enable  it  to  carry
19    out  its  powers and duties under this Act. The Department of
20    State Police shall cause the fingerprints of  each  applicant
21    to  be compared with fingerprints of criminals filed with the
22    Department of State Police or with  federal  law  enforcement
23    agencies maintaining official fingerprint files.

24        Section   50.  Issuance   of   license;   renewal;   fees
25    nonrefundable.
26        (a)  The   Office,   upon  the  applicant's  satisfactory
27    completion of the requirements imposed  under  this  Act  and
28    upon   receipt   of  the  requisite  fees,  shall  issue  the
29    appropriate license showing the name, address, and photograph
30    of the licensee and the dates of issuance and expiration.
31        (b)  Each licensee may apply for renewal of  his  or  her
                            -6-      LRB093 07785 AMC 16442 a
 1    license  upon  payment of the applicable fees. The expiration
 2    date and renewal period for each license  issued  under  this
 3    Act  shall be set by rule. Failure to renew within 60 days of
 4    the expiration date results in lapse of the license. A lapsed
 5    license may not be reinstated until a written application  is
 6    filed,  the  renewal  fee  is paid, and the reinstatement fee
 7    established by the Office is paid. Renewal and  reinstatement
 8    fees  shall  be waived for persons who did not renew while on
 9    active duty in the military  and  who  file  for  renewal  or
10    restoration within one year after discharge from the service.
11    A  lapsed  license  may  not be reinstated after 5 years have
12    elapsed except  upon  passing  an  examination  to  determine
13    fitness  to  have  the  license  restored  and  by paying the
14    required fees.
15        (c)  All fees paid under this Act are nonrefundable.

16        Section 55.  Insufficient funds checks. Any person who on
17    2 occasions issues or delivers a check or other order to  the
18    Office  that is not honored by the financial institution upon
19    which it is drawn because of insufficient  funds  on  account
20    shall pay to the Office, in addition to the amount owing upon
21    the check or other order, a fee of $50. If the check or other
22    order was issued or delivered in payment of a renewal fee and
23    the  licensee  whose license has lapsed continues to practice
24    without paying the renewal fee and the $50 fee required under
25    this Section, an  additional  fee  of  $100  is  imposed  for
26    practicing  without  a current license. The Office may revoke
27    or refuse to issue the license or licenses of any person  who
28    fails to pay the requisite fees.

29        Section  60.  Conditions  of  renewal; change of address;
30    duplicate license; inspection.
31        (a)  As a condition of renewal of a license,  the  Office
32    may  require the licensee to report information pertaining to
                            -7-      LRB093 07785 AMC 16442 a
 1    the person's practice in relation to this Act that the Office
 2    determines to be in the interest of public safety.
 3        (b)  A licensee shall report a change in home  or  office
 4    address within 10 days of the change.
 5        (c)  The  licensee  shall carry his or her license at all
 6    times when engaging in pyrotechnic display activity.
 7        (d)  If a license or certificate  is  lost,  a  duplicate
 8    shall  be  issued  upon  payment  of  the  required fee to be
 9    established by the Office. If a licensee wishes to change his
10    or her name, the Office shall issue a license in the new name
11    upon satisfactory proof that the change of name was  done  in
12    accordance with law and upon payment of the required fee.
13        (e)  Each  licensee shall permit his or her facilities to
14    be inspected by representatives of the Office for the purpose
15    of administering this Act.

16        Section 65.  Grounds for discipline. Licensees subject to
17    this Act shall conduct their practice in accordance with this
18    Act and the rules promulgated under this Act. A  licensee  is
19    subject  to  disciplinary sanctions enumerated in this Act if
20    the State Fire Marshal finds that the licensee is  guilty  of
21    any of the following:
22             (1)  Fraud  or  material  deception  in obtaining or
23        renewing a license.
24             (2)  Engaging   in   dishonorable,   unethical,   or
25        unprofessional conduct of a character likely to  deceive,
26        defraud, or harm the public in the course of professional
27        services or activities.
28             (3)  Conviction  of any crime that has a substantial
29        relationship to his  or  her  practice  or  an  essential
30        element  of  which is misstatement, fraud, dishonesty, or
31        conviction in this or another state of any crime that  is
32        a  felony  under  the laws of Illinois or conviction of a
33        felony  in  a  federal   court,   unless   the   licensee
                            -8-      LRB093 07785 AMC 16442 a
 1        demonstrates   that  he  or  she  has  been  sufficiently
 2        rehabilitated to warrant the public trust.
 3             (4)  Performing any service in a  grossly  negligent
 4        manner  or  permitting any licensed employee to perform a
 5        service in a  grossly  negligent  manner,  regardless  of
 6        whether   actual  damage  or  damage  to  the  public  is
 7        established.
 8             (5)  Addiction to or dependency on alcohol or  drugs
 9        or use of alcohol or drugs that is likely to endanger the
10        public at a pyrotechnic display.
11             (6)  Willfully    receiving   direct   or   indirect
12        compensation for any professional  service  not  actually
13        rendered.
14             (7)  Having disciplinary action taken against his or
15        her license in another state.
16             (8)  Making   differential   treatment  against  any
17        person to his or her detriment because  of  race,  color,
18        creed, sex, religion, or national origin.
19             (9)  Engaging in unprofessional conduct.
20             (10)  Engaging in false or misleading advertising.
21             (11)  Contracting  or assisting an unlicensed person
22        to perform services for which a license is required under
23        this Act.
24             (12)  Permitting the use of his or  her  license  to
25        enable  an  unlicensed  person  or agency to operate as a
26        licensee.
27             (13)  Performing and charging for a service  without
28        having  the authorization to do so from the member of the
29        public being served.
30             (14)  Failure to comply with any provision  of  this
31        Act or the rules promulgated under this Act.
32             (15)  Conducting  business  regulated  by  this  Act
33        without a currently valid license.
                            -9-      LRB093 07785 AMC 16442 a
 1        Section 75.  Formal charges; hearing.
 2        (a)  The   Office  may  file  formal  charges  against  a
 3    licensee. The formal charges, at a minimum, shall inform  the
 4    licensee  of  the  specific  facts  that are the basis of the
 5    charge to enable the licensee to defend himself or herself.
 6        (b)  Each licensee whose conduct  is  the  subject  of  a
 7    formal  charge  that  seeks  to  impose  disciplinary  action
 8    against  the  licensee  shall  be served notice of the formal
 9    charge at least 30 days before the date of the  hearing.  The
10    hearing  shall  be  presided  over by the Office or a hearing
11    officer authorized by  the  Office  in  compliance  with  the
12    Illinois  Administrative  Procedure  Act.  Service  shall  be
13    considered  to  have  been given if the notice was personally
14    received  by  the  licensee  or  if  the  notice  was  mailed
15    certified,  return  requested,  to  the   licensee   at   the
16    licensee's last known address as listed with the Office.
17        (c)  The  notice  of  a formal charge shall consist, at a
18    minimum, of the following information:
19             (1)  The time and date of the hearing.
20             (2)  A  statement  that  the  licensee  may   appear
21        personally  at  the  hearing  and  may  be represented by
22        counsel.
23             (3)  A statement that the licensee has the right  to
24        produce  witnesses  and evidence in his or her behalf and
25        the  right  to  cross-examine  witnesses   and   evidence
26        produced against him or her.
27             (4)  A  statement  that  the  hearing  can result in
28        disciplinary  action  being  taken  against  his  or  her
29        license.
30             (5)  A statement that rules for the conduct of these
31        hearings exist and that it may be  in  his  or  her  best
32        interest to obtain a copy.
33             (6)  A statement that the hearing officer authorized
34        by the Office shall preside at the hearing and, following
                            -10-     LRB093 07785 AMC 16442 a
 1        the  conclusion  of  the  hearing, make findings of fact,
 2        conclusions  of  law,  and  recommendations,   separately
 3        stated,  to the Office as to what disciplinary action, if
 4        any, should be imposed on the licensee.
 5             (7)  A statement that the Office  may  continue  the
 6        hearing.
 7        (d)  The  Office or the hearing officer authorized by the
 8    Office shall hear evidence produced in support of the  formal
 9    charges  and  contrary  evidence produced by the licensee, if
10    any. If the hearing is conducted by a hearing officer, at the
11    conclusion of the hearing, the  hearing  officer  shall  make
12    findings  of  fact,  conclusions of law, and recommendations,
13    separately stated, and submit them to the Office and  to  all
14    parties  to  the proceeding. Submission to the licensee shall
15    be considered as having  been  made  if  done  in  a  similar
16    fashion as service of the notice of formal charges. Within 20
17    days  after  the  service,  any  party  to the proceeding may
18    present to the Office a motion, in writing, for a  rehearing.
19    The  written  motion shall specify the particular grounds for
20    the rehearing.
21        (e)  The Office, following the time allowed for filing  a
22    motion  for  rehearing,  shall  review  the hearing officer's
23    findings of fact, conclusions of  law,  recommendations,  and
24    any  motions filed subsequent to the hearing. After review of
25    the information  the  Office  may  hear  oral  arguments  and
26    thereafter  issue  an  order. The report of findings of fact,
27    conclusions  of  law,  and  recommendations  of  the  hearing
28    officer shall be the basis for the  Office's  order.  If  the
29    Office  finds  that  substantial justice was not done, it may
30    issue an order in  contravention  of  the  hearing  officer's
31    findings.
32        (f)  All  proceedings  under  this Section are matters of
33    public record and  a  record  of  the  proceedings  shall  be
34    preserved.
                            -11-     LRB093 07785 AMC 16442 a
 1        Section 80.  Sanctions.
 2        (a)  The   Office  shall  impose  any  of  the  following
 3    sanctions, singularly or in combination, when it finds that a
 4    licensee or applicant is guilty of any offense  described  in
 5    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
34    licensee.
                            -12-     LRB093 07785 AMC 16442 a
 1        (c)  Disposition may be made of any formal  complaint  by
 2    consent   order  between  the  State  Fire  Marshal  and  the
 3    licensee, but the Office must be apprised of the full consent
 4    order in a timely way.
 5        (d)  The Office  shall  reinstate  any  license  to  good
 6    standing  under  this Act, upon recommendation to the Office,
 7    after a hearing before the hearing officer authorized by  the
 8    Office.  The  Office  shall be satisfied that the applicant's
 9    renewed practice is not contrary to the public interest.
10        (e)  The Office may conduct hearings and issue cease  and
11    desist  orders to persons who engage in activities prohibited
12    by this Act without having a valid license,  certificate,  or
13    registration.  Any  person in violation of a cease and desist
14    order entered by the Office is subject to all of the remedies
15    provided by law, and in  addition,  is  subject  to  a  civil
16    penalty payable to the party injured by the violation.

17        Section  85.  Subpoena;  production of evidence; records;
18    administrative review; license suspension; revocation.
19        (a)  The Office has  the  power  to  subpoena  and  bring
20    before  it  any  person  in  this State and to take testimony
21    either orally or by deposition, or both, with the  same  fees
22    and  mileage  and  in the same manner as is prescribed by law
23    for judicial proceedings  in  civil  cases.  The  State  Fire
24    Marshal,  the Office, and the hearing officer approved by the
25    Office, have the power to administer  oaths  at  any  hearing
26    that the Office is authorized to conduct.
27        (b)  Any  circuit  court,  upon  the  application  of the
28    licensee, the Office, or the State Fire  Marshal,  may  order
29    the  attendance  of  witnesses and the production of relevant
30    books and papers in any hearing under this Act. The court may
31    compel obedience to its order by proceedings for contempt.
32        (c)  The  Office  of  the  State  Fire  Marshal,  at  its
33    expense,  shall  provide  a  stenographer  or  a   mechanical
                            -13-     LRB093 07785 AMC 16442 a
 1    recording  device  to  record  the  testimony  and preserve a
 2    record of all proceedings at the hearing of any case in which
 3    a license may be revoked, suspended, placed  on  probationary
 4    status, or other disciplinary action taken with regard to the
 5    license.  The  notice  of  hearing,  complaint, and all other
 6    documents in the nature  of  pleadings  and  written  motions
 7    filed  in  the  proceedings, the transcript of testimony, the
 8    report of the hearing officer and the  orders  of  the  State
 9    Fire  Marshal shall constitute the record of the proceedings.
10    The Office shall furnish a transcript of the  record  to  any
11    interested  person  upon  payment of the costs of copying and
12    transmitting the record.
13        (d)  All final administrative decisions of the Office are
14    subject to judicial review under  the  Administrative  Review
15    Law  and  the  rules  adopted under that Law. Proceedings for
16    judicial review shall be commenced in the  circuit  court  of
17    the  county  in  which the party applying for review resides;
18    but if the party is not a resident of Illinois, the venue  is
19    in Sangamon County. The State Fire Marshal is not required to
20    certify  any  record to the court or file any answer in court
21    or otherwise  appear  in  any  court  in  a  judicial  review
22    proceeding,  unless  there  is  filed  in  the court with the
23    complaint a receipt from the Office acknowledging payment  of
24    the  costs  of  furnishing  and  certifying the record. Those
25    costs shall be computed at the cost of preparing the  record.
26    Exhibits shall be certified without cost. Failure on the part
27    of  the licensee to file the receipt in court is a ground for
28    dismissal of the  action.  During  all  judicial  proceedings
29    incident to a disciplinary action, the sanctions imposed upon
30    the  accused by the Office remain in effect, unless the court
31    feels justice requires a stay of the order.
32        (e)  An order  of  revocation,  suspension,  placing  the
33    license  on probationary status, or other formal disciplinary
34    action as the State Fire Marshal may consider  proper,  or  a
                            -14-     LRB093 07785 AMC 16442 a
 1    certified  copy  of the order over the seal of the Office and
 2    purporting to be signed by the State Fire Marshal,  is  prima
 3    facie proof that:
 4             (1)  the   signature  is  that  of  the  State  Fire
 5        Marshal;
 6             (2)  the State Fire Marshal is qualified to Act; and
 7             (3)  the hearing officer  is  qualified  to  Act  on
 8        behalf of the Office.
 9        The  proof  specified in paragraphs (1), (2), and (3) may
10    be rebutted.
11        (f)  Upon the  suspension  or  revocation  of  a  license
12    issued under this Act, a licensee shall surrender the license
13    to  the  Office  and  upon failure to do so, the Office shall
14    seize the license.
15        (g)  The Office, upon request, shall publish  a  list  of
16    the names and addresses of all licensees under the provisions
17    of  this  Act. The Office shall publish a list of all persons
18    whose licenses have been disciplined within  the  past  year,
19    together  with  such  other information as it may consider of
20    interest to the public.

21        Section 90.  Penalties. Any natural person  who  violates
22    any  of  the  following  provisions  is  guilty  of a Class A
23    misdemeanor for the first offense and a corporation or  other
24    entity that violates any of the following provision commits a
25    business offense punishable by a fine not to exceed $5,000; a
26    second  or  subsequent offense in violation of any Section of
27    this Act, including this Section, is  a  Class  4  felony  if
28    committed   by  a  natural  person,  or  a  business  offense
29    punishable by a fine of up  to  $10,000  if  committed  by  a
30    corporation or other business entity:
31             (1)  Practicing  or attempting to practice as a lead
32        pyrotechnic operator without a license;
33             (2)  Obtaining or attempting to  obtain  a  license,
                            -15-     LRB093 07785 AMC 16442 a
 1        practice  or  business,  or  any  other thing of value by
 2        fraudulent representation;
 3             (3)  Permitting,  directing,  or   authorizing   any
 4        person  in  one's  employ  or  under  one's  direction or
 5        supervision to work  or  serve  as  a  licensee  if  that
 6        individual does not possess an appropriate valid license.
 7        Whenever  any  person  is  punished  as a repeat offender
 8    under this Section,  the  Office  may  proceed  to  obtain  a
 9    permanent  injunction against the person under Section 10. If
10    any person in making any oath or affidavit required  by  this
11    Act  swears falsely, the person is guilty of perjury and upon
12    conviction may be punished accordingly.

13        Section 905.  The Illinois Explosives Act is  amended  by
14    changing Section 2001 as follows:

15        (225 ILCS 210/2001) (from Ch. 96 1/2, par. 1-2001)
16        Sec.  2001.  No  person  shall  possess, use, purchase or
17    transfer  explosive  materials   unless   licensed   by   the
18    Department  except  as otherwise provided by this Act and the
19    Pyrotechnic Operator Licensing Act.
20    (Source: P.A. 86-364.)

21        Section  910.  The  Fireworks  Use  Act  is  amended   by
22    changing Section 2 as follows:

23        (425 ILCS 35/2) (from Ch. 127 1/2, par. 128)
24        Sec.  2.   Except  as  hereinafter  provided  it shall be
25    unlawful for any person, firm, co-partnership, or corporation
26    to knowingly possess, offer for sale, expose for  sale,  sell
27    at  retail,  or  use  or explode any fireworks; provided that
28    city councils in cities, the president and board of  trustees
29    in villages and incorporated towns, and outside the corporate
30    limits of cities, villages and incorporated towns, the county
                            -16-     LRB093 07785 AMC 16442 a
 1    board,  shall  have  power  to  adopt  reasonable  rules  and
 2    regulations for the granting of permits for supervised public
 3    displays of fireworks. Every such display shall be handled by
 4    a  competent individual who is licensed as a lead pyrotechnic
 5    operator designated by the local authorities herein specified
 6    and shall be of such a character and so  located,  discharged
 7    or  fired, as not to be hazardous to property or endanger any
 8    person or persons. Application for permits shall be  made  in
 9    writing  at  least  15  days  in  advance  of the date of the
10    display and action shall be taken on such application  within
11    48 hours after such application is made. After such privilege
12    shall   have   been   granted,  sales,  possession,  use  and
13    distribution of fireworks for such display  shall  be  lawful
14    for  that  purpose only. No permit granted hereunder shall be
15    transferable.
16        Permits may be granted hereunder to any groups  of  3  or
17    more  adult individuals applying therefor. No permit shall be
18    required, under the provisions of this  Act,  for  supervised
19    public displays by State or County fair associations.
20        The  governing  body  shall  require proof of insurance a
21    bond from the permit applicant licensee in  a  sum  not  less
22    than  1,000,000  $1,000  conditioned  on  compliance with the
23    provisions of this law and the regulations of the State  Fire
24    Marshal  adopted hereunder, except that no municipality shall
25    be required to provide evidence of insurance file such bond.
26        Such permit shall be issued only after inspection of  the
27    display  site  by the issuing officer, to determine that such
28    display shall be in full compliance with  the  rules  of  the
29    State  Fire  Marshall,  which  shall be based upon nationally
30    recognized standards such  as  those  of  the  National  Fire
31    Protection  Association  (NFPA)  1123  guidelines for outdoor
32    displays and NFPA 1126 guidelines  for  indoor  displays  and
33    shall  not be hazardous to property or endanger any person or
34    persons. Nothing in this Section shall prohibit the issuer of
                            -17-     LRB093 07785 AMC 16442 a
 1    the permit from adopting more stringent rules.
 2        All indoor pyrotechnic displays  shall  be  conducted  in
 3    buildings protected by automatic sprinkler systems.
 4        The   chief   of   the  fire  department  providing  fire
 5    protection coverage to the area of display,  or  his  or  her
 6    designee,  shall  sign the permit. Forms for such application
 7    and permit may be obtained from the Office of the State  Fire
 8    Marshal.   One  copy of such permit shall be on file with the
 9    issuing officer, and one copy forwarded to the Office of  the
10    State 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.".