Full Text of SB3039 102nd General Assembly
SB3039 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3039 Introduced 1/5/2022, by Sen. Thomas Cullerton SYNOPSIS AS INTRODUCED: |
| 425 ILCS 35/1 | from Ch. 127 1/2, par. 127 |
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Amends the Pyrotechnics Use Act. Provides that "consumer fireworks", "display fireworks", and "flame effect" do not include 1.3G fireworks.
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| | A BILL FOR |
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| 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 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 | 15 | | consumer fireworks in Illinois to another distributor or | 16 | | directly to any 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 1.3G fireworks; snake |
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| 1 | | or glow worm pellets; smoke devices; trick noisemakers
known | 2 | | as "party poppers", "booby traps", "snappers", "trick | 3 | | matches", "cigarette
loads", and "auto burglar alarms"; | 4 | | sparklers; toy pistols, toy
canes, toy guns, or other devices | 5 | | in
which paper or plastic caps containing twenty-five | 6 | | hundredths grains or
less of explosive compound are used, | 7 | | provided they are so constructed that
the hand cannot come in | 8 | | contact with the cap when in place for the
explosion; and toy | 9 | | pistol paper or plastic caps that contain less than
twenty | 10 | | hundredths grains of explosive mixture; the sale and use of | 11 | | which
shall be permitted 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 | 22 | | permit. | 23 | | "Display fireworks" means 1.3G or special effects | 24 | | fireworks or as further defined in the Pyrotechnic Distributor | 25 | | and Operator Licensing Act. "Display fireworks" does not | 26 | | include 1.3G fireworks. |
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| 1 | | "Flame effect" means the detonation, ignition, or | 2 | | deflagration of flammable gases, liquids, or special materials | 3 | | to produce a thermal, physical, visual, or audible effect | 4 | | before the public, invitees, or licensees, regardless of | 5 | | whether admission is charged, in accordance with National Fire | 6 | | Protection Association 160 guidelines, and as may be further | 7 | | defined in the Pyrotechnic Distributor and Operator Licensing | 8 | | Act. "Flame effect" does not include 1.3G fireworks. | 9 | | "Lead pyrotechnic operator" means an individual who is | 10 | | responsible for the safety, setup, and discharge of the | 11 | | pyrotechnic display or pyrotechnic service and who is licensed | 12 | | pursuant to the Pyrotechnic Distributor and Operator Licensing | 13 | | Act. | 14 | | "Person" means an individual, firm, corporation, | 15 | | association, partnership, company, consortium, joint venture, | 16 | | commercial entity, state, municipality, or political | 17 | | subdivision of a state or any agency, department, or | 18 | | instrumentality of the United States and any officer, agent, | 19 | | or employee of these entities.
| 20 | | "Production company" means any person in the film, digital | 21 | | and video media, television, commercial, music, or theatrical | 22 | | stage industry who provides pyrotechnic services or | 23 | | pyrotechnic display services as part of a film, digital and | 24 | | video media, television, commercial, music, or theatrical | 25 | | production in the State of Illinois and is licensed by the | 26 | | Office pursuant to the Pyrotechnic Distributor and Operator |
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| 1 | | Licensing Act. | 2 | | "Pyrotechnic display" means the detonation, ignition, or | 3 | | deflagration of display fireworks or flame effects to produce | 4 | | visual or audible effects of an exhibitional nature before the | 5 | | public, invitees, or licensees, regardless of whether | 6 | | admission is charged, and as may be further defined in the | 7 | | Pyrotechnic Distributor and Operator Licensing Act. | 8 | | "Pyrotechnic distributor" means any person who distributes | 9 | | display fireworks for sale in the State of Illinois or | 10 | | provides them as part of a pyrotechnic display service in the | 11 | | State of Illinois or provides only pyrotechnic services and is | 12 | | licensed by the Office pursuant to the Pyrotechnic Distributor | 13 | | and Operator Licensing Act. | 14 | | "Pyrotechnic service" means the detonation, ignition, or | 15 | | deflagration of display fireworks, special effects, or flame | 16 | | effects to produce a visual or audible effect. | 17 | | "Special effects fireworks" means pyrotechnic devices used | 18 | | for special effects by professionals in the performing arts in | 19 | | conjunction with theatrical, musical, or other productions
| 20 | | that are similar to consumer fireworks in chemical | 21 | | compositions
and construction, but are not intended for | 22 | | consumer use and are
not labeled as such or identified as | 23 | | "intended for indoor use".
"Special effects fireworks" are | 24 | | classified as fireworks UN0431
or UN0432 by the United States | 25 | | Department of Transportation
under 49 C.F.R. 172.101.
| 26 | | (Source: P.A. 99-642, eff. 7-28-16.)
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