Full Text of HB1734 96th General Assembly
HB1734ham001 96TH GENERAL ASSEMBLY
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Rep. Daniel J. Burke
Filed: 3/30/2009
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| AMENDMENT TO HOUSE BILL 1734
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| AMENDMENT NO. ______. Amend House Bill 1734 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Pyrotechnic
Distributor and
Operator | 5 |
| Licensing Act is amended by changing Sections 5, 10, 35, and 50 | 6 |
| as follows:
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| (225 ILCS 227/5)
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| Sec. 5. Definitions. In this Act:
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| "1.3G fireworks" means fireworks that are used for | 10 |
| professional outdoor displays and classified as fireworks | 11 |
| UN0333, UN0334, or UN0335 by the United States Department of | 12 |
| Transportation under 49 C.F.R. 172.101. | 13 |
| "BATFE" means the federal Bureau of Alcohol, Tobacco and | 14 |
| Firearms Enforcement. | 15 |
| "Consumer fireworks" means fireworks that must comply with | 16 |
| the construction, chemical composition, and labeling |
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| regulations of the U.S. Consumer Products Safety Commission, as | 2 |
| set forth in 16 C.F.R. Parts 1500 and 1507, and classified as | 3 |
| fireworks UN0336 or UN0337 by the United States Department of | 4 |
| Transportation under 49 C.F.R. 172.101. "Consumer fireworks" | 5 |
| does not include a substance or article exempted under the | 6 |
| Fireworks Use Act.
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| "Display fireworks" means
1.3G explosive or special | 8 |
| effects fireworks.
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| "Facility" means an area being used for the conducting of a | 10 |
| pyrotechnic display business, but does not include residential | 11 |
| premises except for the portion of any residential premises | 12 |
| that is actually used in the conduct of a pyrotechnic display | 13 |
| business.
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| "Flame effect" means the detonation, ignition, or | 15 |
| deflagration of flammable gases, liquids, or special materials | 16 |
| to produce a thermal, physical, visual, or audible effect | 17 |
| before the public, invitees, or licensees, regardless of | 18 |
| whether admission is charged in accordance with NFPA 160.
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| "Lead pyrotechnic operator" means the individual with | 20 |
| overall
responsibility
for the safety, setup, discharge, and | 21 |
| supervision of a pyrotechnic display.
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| "Office" means Office of the State Fire Marshal.
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| "Person" means an individual, firm, corporation, | 24 |
| association,
partnership,
company, consortium, joint venture, | 25 |
| commercial entity, state,
municipality, or
political | 26 |
| subdivision of a state or any agency, department, or
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| instrumentality of the
United States and any officer, agent, or | 2 |
| employee of these entities.
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| "Pyrotechnic display" or "display" means the detonation, | 4 |
| ignition, or
deflagration of display fireworks or flame effects
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| to produce a visual or audible effect of an
exhibitional nature | 6 |
| before the public, invitees, or licensees, regardless of
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| whether admission is charged. | 8 |
| "Pyrotechnic distributor" means any person, company, | 9 |
| association, group of persons, or corporation who distributes | 10 |
| display fireworks for sale in the State of Illinois or provides | 11 |
| them as part of a pyrotechnic display service in the State of | 12 |
| Illinois or provides only pyrotechnic services . | 13 |
| "Special effects fireworks" means pyrotechnic devices used | 14 |
| for special effects by professionals in the performing arts in | 15 |
| conjunction with theatrical, musical, or other productions | 16 |
| that are similar to consumer fireworks in chemical compositions | 17 |
| and construction, but are not intended for consumer use and are | 18 |
| not labeled as such or identified as "intended for indoor use". | 19 |
| "Special effects fireworks" are classified as fireworks UN0431 | 20 |
| or UN0432 by the United States Department of Transportation | 21 |
| under 49 C.F.R. 172.101.
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| (Source: P.A. 94-385, eff. 7-29-05; 94-658, eff. 1-1-06; | 23 |
| 95-331, eff. 8-21-07.)
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| (225 ILCS 227/10)
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| Sec. 10. License; enforcement. No person may act as a |
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| pyrotechnic distributor or
lead pyrotechnic
operator, or | 2 |
| advertise or use any title implying that the person is a | 3 |
| pyrotechnic distributor or
lead
pyrotechnic operator, unless | 4 |
| licensed by the Office under this Act. Except as provided in | 5 |
| subsection (a-5) of Section 50 of this Act, an An
out-of-state | 6 |
| person who distributes or provides display fireworks as part of | 7 |
| hired for or engaged in a pyrotechnic display must have a
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| pyrotechnic distributor license issued by the Office. An | 9 |
| out-of-state person hired for or engaged in the safety, setup, | 10 |
| discharge, or supervision of a pyrotechnic display must have a | 11 |
| lead pyrotechnic operator license issued by the Office. No | 12 |
| pyrotechnic display shall be conducted without a
person | 13 |
| licensed under this Act as a lead pyrotechnic operator | 14 |
| supervising the
display. The State Fire Marshal, in the name of | 15 |
| the People, through the
Attorney General, the State's Attorney | 16 |
| of any county, any resident of the
State, or any legal entity | 17 |
| within the State may apply for injunctive relief in
any court | 18 |
| to enjoin any person who has not been issued a license or whose
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| license has been suspended, revoked, or not renewed, from | 20 |
| practicing a licensed
activity. Upon filing a verified
petition | 21 |
| in court, the court, if satisfied by affidavit, or otherwise, | 22 |
| that the
person is or has been practicing in violation of this | 23 |
| Act, may enter a
temporary restraining order or preliminary | 24 |
| injunction, without bond, enjoining
the defendant from further | 25 |
| unlicensed activity. A copy of the verified
complaint shall be | 26 |
| served upon the defendant and the proceedings are to be
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| conducted as in other civil cases. The court may enter a | 2 |
| judgment permanently
enjoining a defendant from further | 3 |
| unlicensed activity if it is established
that the defendant has | 4 |
| been or is practicing in violation of this Act. In case
of | 5 |
| violation of any injunctive order or judgment entered under | 6 |
| this Section,
the court may summarily try and punish the | 7 |
| offender for contempt of court.
Injunctive proceedings are in | 8 |
| addition to all penalties and other remedies in
this Act.
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| (Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05.)
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| (225 ILCS 227/35)
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| Sec. 35. Licensure requirements and fees.
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| (a) Each application for a license to practice under this | 13 |
| Act shall be in
writing and signed by the applicant on forms | 14 |
| provided by the Office.
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| (b) After January 1, 2006, all pyrotechnic displays, both | 16 |
| indoor and
outdoor, must comply with the requirements set forth | 17 |
| in this Act.
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| (c) After January 1, 2006, no person may engage in | 19 |
| pyrotechnic distribution without first applying for and | 20 |
| obtaining a license from the Office. Applicants for a license | 21 |
| must submit to the Office the following: | 22 |
| (1) A current BATFE license for distribution of display | 23 |
| fireworks. | 24 |
| (2) Proof of $1,000,000 in product liability | 25 |
| insurance. |
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| (3) Proof of $1,000,000 in general liability | 2 |
| insurance. | 3 |
| (4) Proof of Illinois Worker's Compensation Insurance. | 4 |
| (5) A license fee set by the Office. | 5 |
| (6) Proof of a current United States Department of | 6 |
| Transportation (DOT) Identification Number. | 7 |
| (7) Proof of a current USDOT Hazardous Materials | 8 |
| Registration Number. | 9 |
| (8) Proof of having the requisite knowledge, either | 10 |
| through training, examination, or
continuing education, as | 11 |
| established by Office rule. | 12 |
| (c-5) After January 1, 2006, no individual may act as a | 13 |
| lead operator in a
pyrotechnic display without first applying | 14 |
| for and obtaining a lead pyrotechnic
operator's
license from | 15 |
| the Office. The Office shall establish separate licenses for
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| lead pyrotechnic
operators for indoor and outdoor pyrotechnic | 17 |
| displays. Applicants for a
license must:
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| (1) Pay the fees set by the Office.
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| (2) Have the requisite training or continuing | 20 |
| education as
established
in the Office's rules.
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| (3) (Blank).
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| (c-10) Proof of an out-of-state person's knowledge, either | 23 |
| through training, examination, or continuing education, as | 24 |
| required in paragraph (8) of subsection (c) of this Section, | 25 |
| may be certified by the state fire marshal's office of that | 26 |
| person's state of residence. The Office shall establish a |
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| certification form on which the state fire marshal's office of | 2 |
| that out-of-state person's state of residence can attest that | 3 |
| the person possesses the requisite knowledge, experience, and | 4 |
| training for a lead pyrotechnic operator's license. | 5 |
| (d) A person is qualified to receive a license under this | 6 |
| Act if
the person
meets all of the following minimum | 7 |
| requirements:
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| (1) Is at least 21 years of age.
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| (2) Has not willfully violated any provisions of this | 10 |
| Act.
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| (3) Has not made any material misstatement or knowingly | 12 |
| withheld
information in connection with any original or | 13 |
| renewal application.
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| (4) Has not been declared incompetent by any competent | 15 |
| court by
reasons of mental or physical defect or disease | 16 |
| unless a court has since
declared
the person competent.
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| (5) Does not have an addiction to or dependency on | 18 |
| alcohol or drugs that
is likely to endanger the public at a | 19 |
| pyrotechnic display.
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| (6) Has not been convicted in any jurisdiction of any | 21 |
| felony within the
prior 5 years.
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| (7) Is not a fugitive from justice. | 23 |
| (8) Has, or has applied for, a BATFE explosives license | 24 |
| or a Letter of Clearance from the BATFE.
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| (e) A person is qualified to assist a lead operator if the | 26 |
| person meets
all of the
following minimum requirements:
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| (1) Is at least 18 years of age.
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| (2) Has not willfully violated any provision of this | 3 |
| Act.
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| (3) Has not been declared incompetent by any competent | 5 |
| court by reasons
of mental or physical defect or disease | 6 |
| unless a court has since declared the
person
competent.
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| (4) Does not have an addiction to or dependency on | 8 |
| alcohol or drugs that
is likely to endanger the public at a | 9 |
| pyrotechnic display.
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| (5) Has not been convicted in any jurisdiction of any | 11 |
| felony within the
prior 5 years.
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| (6) Is not a fugitive from justice.
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| (Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05.)
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| (225 ILCS 227/50)
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| Sec. 50. Issuance of license; exception for collective | 16 |
| bargaining agreements; renewal; fees nonrefundable.
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| (a) The Office, upon the applicant's satisfactory | 18 |
| completion of
the
requirements imposed under this Act and upon | 19 |
| receipt of the requisite
fees, shall
issue the appropriate | 20 |
| license showing the name, address, and photograph of
the
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| licensee and the dates of issuance and expiration. The license | 22 |
| shall include the name of any the pyrotechnic distributor | 23 |
| employing the lead pyrotechnic operator. A lead pyrotechnic | 24 |
| operator is required to have a separate license for each | 25 |
| pyrotechnic distributor who employs the lead pyrotechnic |
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| operator.
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| (a-5) A lead pyrotechnic operator, including an | 3 |
| out-of-state person, employed pursuant to a collective | 4 |
| bargaining agreement in the film, digital and video media, | 5 |
| television, commercial, and theatrical stage or music | 6 |
| entertainment industry need not be employed by a pyrotechnic | 7 |
| distributor so long as the display fireworks used in the | 8 |
| pyrotechnic display were provided by: | 9 |
| (1) a licensed pyrotechnic distributor; or | 10 |
| (2) a lead pyrotechnic operator, including an
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| out-of-state person, who has met the requirements of
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| paragraphs (1), (6), (7) and (8) of subsection (c) of | 13 |
| Section 35 and
is employed pursuant to a collective | 14 |
| bargaining
agreement by a producer or production company in | 15 |
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film, digital and video media, television, commercial,
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| and theatrical stage or music entertainment industry
that | 17 |
| has met the requirements of paragraphs
(2),(3), (4) and (5) | 18 |
| of subsection (c) of Section 35. | 19 |
| The license of a lead pyrotechnic operator, including an | 20 |
| out-of-state person, employed pursuant to a collective | 21 |
| bargaining agreement need not include the name of a pyrotechnic | 22 |
| distributor. A lead pyrotechnic operator, including an | 23 |
| out-of-state person, employed pursuant to a collective | 24 |
| bargaining agreement need not have a separate license for each | 25 |
| pyrotechnic distributor, if any, who employs the lead | 26 |
| pyrotechnic operator. |
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| (b) Each licensee may apply for renewal of his or her | 2 |
| license upon
payment of the applicable
fees. The expiration | 3 |
| date and renewal period for each
license
issued under this Act | 4 |
| shall be set by rule. Failure to renew within 60 days of
the | 5 |
| expiration date
results in lapse of the license. A lapsed | 6 |
| license may not be reinstated until a
written
application is | 7 |
| filed, the renewal fee is paid, and the reinstatement fee
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| established by the
Office is paid. Renewal and reinstatement | 9 |
| fees shall be waived for persons
who did not
renew while on | 10 |
| active duty in the military and who file for renewal or
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| restoration
within one year after discharge from the service. A | 12 |
| lapsed license may not
be
reinstated after 5 years have elapsed | 13 |
| except upon passing an examination to
determine
fitness to have | 14 |
| the license restored and by paying the required fees.
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| (c) All fees paid under this Act are nonrefundable.
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| (Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.".
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