Full Text of SB3723 96th General Assembly
SB3723 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3723
Introduced 2/11/2010, by Sen. Michael W. Frerichs SYNOPSIS AS INTRODUCED: |
|
425 ILCS 35/1 |
from Ch. 127 1/2, par. 127 |
|
Amends the Pyrotechnic Use Act. Makes a technical change in a Section
concerning
definitions.
|
| |
|
|
A BILL FOR
|
|
|
|
|
SB3723 |
|
LRB096 20663 DRJ 36380 b |
|
| 1 |
| AN ACT concerning safety.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Pyrotechnic Use Act is amended by changing | 5 |
| Section 1 as follows:
| 6 |
| (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
| 7 |
| Sec. 1. Definitions. As used in this Act, the 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 |
|
|
|
SB3723 |
- 2 - |
LRB096 20663 DRJ 36380 b |
|
| 1 |
| 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
| 6 |
| 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 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 |
|
|
|
SB3723 |
- 3 - |
LRB096 20663 DRJ 36380 b |
|
| 1 |
| 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.
| 18 |
| "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 |
|
|
|
SB3723 |
- 4 - |
LRB096 20663 DRJ 36380 b |
|
| 1 |
| 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
| 17 |
| that are similar to consumer fireworks in chemical compositions
| 18 |
| and construction, but are not intended for consumer use and are
| 19 |
| not labeled as such or identified as "intended for indoor use".
| 20 |
| "Special effects fireworks" are classified as fireworks UN0431
| 21 |
| or UN0432 by the United States Department of Transportation
| 22 |
| under 49 C.F.R. 172.101.
| 23 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-708, eff. 8-25-09.)
|
|