Full Text of HB6252 96th General Assembly
HB6252 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6252
Introduced 2/11/2010, by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: |
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425 ILCS 35/1 |
from Ch. 127 1/2, par. 127 |
425 ILCS 35/2.3 |
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425 ILCS 35/2.2 rep. |
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Amends the Pyrotechnic Use Act. Repeals provisions requiring that a consumer fireworks display be handled by a person who has received training and providing for a consumer fireworks display permit. Eliminates cross-references to the repealed provisions in certain definitions and in provisions concerning the sale of consumer fireworks. Effective immediately.
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A BILL FOR
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HB6252 |
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LRB096 20614 DRJ 36322 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Pyrotechnic Use Act is amended by changing | 5 |
| Sections 1 and 2.3 as follows:
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| (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
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| Sec. 1. Definitions. As used in this Act, the following | 8 |
| words shall have the following meanings: | 9 |
| "1.3G fireworks" means those fireworks 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 |
| "Consumer distributor" means any person who distributes, | 14 |
| offers for sale, sells, or exchanges for consideration consumer | 15 |
| fireworks in Illinois to another distributor or directly to any | 16 |
| retailer or person for resale. | 17 |
| "Consumer fireworks" means those fireworks that must | 18 |
| comply with the construction, chemical composition, and | 19 |
| labeling regulations of the U.S. Consumer Products Safety | 20 |
| Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and | 21 |
| classified as fireworks UN0336 or UN0337 by the United States | 22 |
| Department of Transportation under 49 C.F.R. 172.101. | 23 |
| "Consumer fireworks"
shall not include snake or glow worm |
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| pellets; smoke devices; trick noisemakers
known as "party | 2 |
| poppers", "booby traps", "snappers", "trick matches", | 3 |
| "cigarette
loads", and "auto burglar alarms"; sparklers; toy | 4 |
| pistols, toy
canes, toy guns, or other devices in
which paper | 5 |
| or plastic caps containing twenty-five hundredths grains or
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| less of explosive compound are used, provided they are so | 7 |
| constructed that
the hand cannot come in contact with the cap | 8 |
| when in place for the
explosion; and toy pistol paper or | 9 |
| plastic caps that contain less than
twenty hundredths grains of | 10 |
| explosive mixture; the sale and use of which
shall be permitted | 11 |
| at all times. | 12 |
| "Consumer fireworks display" or "consumer display" means | 13 |
| the detonation, ignition, or deflagration of consumer | 14 |
| fireworks to produce a visual or audible effect. | 15 |
| "Consumer operator" means an adult individual who is | 16 |
| responsible for the safety, setup, and discharge of a the | 17 |
| consumer fireworks display and who has completed the training | 18 |
| required in Section 2.2 of this Act . | 19 |
| "Consumer retailer" means any person who offers for sale, | 20 |
| sells, or exchanges for consideration consumer fireworks in | 21 |
| Illinois directly to any person with a consumer display permit . | 22 |
| "Display fireworks" means 1.3G or special effects | 23 |
| fireworks or as further defined in the Pyrotechnic Distributor | 24 |
| and Operator Licensing Act. | 25 |
| "Flame effect" means the detonation, ignition, or | 26 |
| deflagration of flammable gases, liquids, or special materials |
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| to produce a thermal, physical, visual, or audible effect | 2 |
| before the public, invitees, or licensees, regardless of | 3 |
| whether admission is charged, in accordance with National Fire | 4 |
| Protection Association 160 guidelines, and as may be further | 5 |
| defined in the Pyrotechnic Distributor and Operator Licensing | 6 |
| Act. | 7 |
| "Lead pyrotechnic operator" means an individual who is | 8 |
| responsible for the safety, setup, and discharge of the | 9 |
| pyrotechnic display or pyrotechnic service and who is licensed | 10 |
| pursuant to the Pyrotechnic Distributor and Operator Licensing | 11 |
| Act. | 12 |
| "Person" means an individual, firm, corporation, | 13 |
| association, partnership, company, consortium, joint venture, | 14 |
| commercial entity, state, municipality, or political | 15 |
| subdivision of a state or any agency, department, or | 16 |
| instrumentality of the United States and any officer, agent, or | 17 |
| employee of these entities.
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| "Production company" means any person in the film, digital | 19 |
| and video media, television, commercial, and theatrical stage | 20 |
| industry who provides pyrotechnic services or pyrotechnic | 21 |
| display services as part of a film, digital and video media, | 22 |
| television, commercial, or theatrical production in the State | 23 |
| of Illinois and is licensed by the Office pursuant to the | 24 |
| Pyrotechnic Distributor and Operator Licensing Act. | 25 |
| "Pyrotechnic display" means the detonation, ignition, or | 26 |
| deflagration of display fireworks or flame effects to produce |
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| visual or audible effects of a exhibitional nature before the | 2 |
| public, invitees, or licensees, regardless of whether | 3 |
| admission is charged, and as may be further defined in the | 4 |
| Pyrotechnic Distributor and Operator Licensing Act. | 5 |
| "Pyrotechnic distributor" means any person who distributes | 6 |
| display fireworks for sale in the State of Illinois or provides | 7 |
| them as part of a pyrotechnic display service in the State of | 8 |
| Illinois or provides only pyrotechnic services and is licensed | 9 |
| by the Office pursuant to the Pyrotechnic Distributor and | 10 |
| Operator Licensing Act. | 11 |
| "Pyrotechnic service" means the detonation, ignition or | 12 |
| deflagration of display fireworks, special effects or flame | 13 |
| effects to produce a visual or audible effect. | 14 |
| "Special effects fireworks" means pyrotechnic devices used | 15 |
| for special effects by professionals in the performing arts in | 16 |
| conjunction with theatrical, musical, or other productions
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| that are similar to consumer fireworks in chemical compositions
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| and construction, but are not intended for consumer use and are
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| not labeled as such or identified as "intended for indoor use".
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| "Special effects fireworks" are classified as fireworks UN0431
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| or UN0432 by the United States Department of Transportation
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| under 49 C.F.R. 172.101.
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| (Source: P.A. 95-331, eff. 8-21-07; 96-708, eff. 8-25-09.)
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| (425 ILCS 35/2.3) | 25 |
| Sec. 2.3. Consumer distributors and retailers. No person |
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| may act as a consumer distributor or retailer or advertise or | 2 |
| use any title implying that the person is a consumer | 3 |
| distributor or retailer unless registered with the Office of | 4 |
| the State Fire Marshal. No consumer fireworks may be | 5 |
| distributed, sold, transferred, or provided free of charge to | 6 |
| an individual who has not been issued a permit in accordance | 7 |
| with Section 2.2 of this Act or has not registered with the | 8 |
| Office of the State Fire Marshal in accordance with this | 9 |
| Section if the consumer fireworks are distributed, sold, | 10 |
| transferred, or provided for resale . No person may sell to a | 11 |
| single individual a quantity of consumer fireworks exceeding | 12 |
| 499 pounds without prior approval by the Office of the State | 13 |
| Fire Marshal. The State Fire Marshal, in the name of the | 14 |
| People, through the Attorney General, the State's Attorney of | 15 |
| any county, any resident of the State, or any legal entity | 16 |
| within the State may apply for injunctive relief in any court | 17 |
| to enjoin any person who has not registered from distributing | 18 |
| or selling consumer fireworks. Upon filing a verified petition | 19 |
| in court, the court, if satisfied by affidavit, or otherwise, | 20 |
| that the person is or has been distributing in violation of | 21 |
| this Act, may enter a temporary restraining order or | 22 |
| preliminary injunction, without bond, enjoining the defendant | 23 |
| from further activity. A copy of the verified complaint shall | 24 |
| be served upon the defendant and the proceedings are to be | 25 |
| conducted as in other civil cases. The court may enter a | 26 |
| judgment permanently enjoining a defendant from further |
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| unregistered activity if it is established that the defendant | 2 |
| has been or is distributing in violation of this Act. In case | 3 |
| of violation of any injunctive order or judgment entered under | 4 |
| this Section, the court may summarily try and punish the | 5 |
| offender for contempt of court. Injunctive proceedings are in | 6 |
| addition to all penalties and other remedies in this Act.
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| (Source: P.A. 94-658, eff. 1-1-06.) | 8 |
| (425 ILCS 35/2.2 rep.) | 9 |
| Section 10. The Pyrotechnic Use Act is amended by repealing | 10 |
| Section 2.2.
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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