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

HB1482enr 93rd General Assembly


HB1482 Enrolled                      LRB093 07785 AMC 07974 b

 1        AN ACT in relation to fireworks.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 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    except a substance or article exempted  under  the  Fireworks
11    Use Act.
12        "Fireworks"  has  the  meaning  given to that term in the
13    Fireworks Use Act.
14        "Lead pyrotechnic operator"  means  the  individual  with
15    overall  responsibility for the safety, setup, discharge, and
16    supervision of a pyrotechnic display.
17        "Office" means Office of the State Fire Marshal.
18        "Person"  means   an   individual,   firm,   corporation,
19    association, partnership, company, consortium, joint venture,
20    commercial   entity,   state,   municipality,   or  political
21    subdivision  of  a  state  or  any  agency,  department,   or
22    instrumentality  of the United States and any officer, agent,
23    or employee of these entities.
24        "Pyrotechnic display" or "display" means the  detonation,
25    ignition,  or  deflagration of display fireworks to produce a
26    visual or audible effect of an exhibitional nature before the
27    public,  invitees,  or  licensees,  regardless   of   whether
28    admission is charged.

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

27        Section 15.  Deposit of fees. All  fees  collected  under
28    this Act shall be deposited into the Fire Prevention Fund.

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

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

30        Section  40.  Fingerprint  card;  fees.  The  Office  may
31    require  each applicant to file with his or her application a
32    fingerprint card in the  form  and  manner  required  by  the
33    Department  of State Police to enable the Department of State
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 1    Police to conduct a criminal history check on the applicant.
 2        The Office may  require  each  applicant  to  submit,  in
 3    addition   to  the  license  fee,  a  fee  specified  by  the
 4    Department of State Police for processing fingerprint  cards,
 5    which  may  be made payable to the State Police Services Fund
 6    and shall be remitted to the Department of State  Police  for
 7    deposit into that Fund.

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

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

 9        Section 55.  Insufficient funds checks. Any person who on
10    2  occasions issues or delivers a check or other order to the
11    Office that is not honored by the financial institution  upon
12    which  it  is  drawn because of insufficient funds on account
13    shall pay to the Office, in addition to the amount owing upon
14    the check or other order, a fee of $50. If the check or other
15    order was issued or delivered in payment of a renewal fee and
16    the licensee whose license has lapsed continues  to  practice
17    without paying the renewal fee and the $50 fee required under
18    this  Section,  an  additional  fee  of  $100  is imposed for
19    practicing without a current license. The Office  may  revoke
20    or  refuse to issue the license or licenses of any person who
21    fails to pay the requisite fees.

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

 9        Section 65.  Grounds for discipline. Licensees subject to
10    this Act shall conduct their practice in accordance with this
11    Act  and  the rules promulgated under this Act. A licensee is
12    subject to disciplinary sanctions enumerated in this  Act  if
13    the  State  Fire Marshal finds that the licensee is guilty of
14    any of the following:
15             (1)  Fraud or material  deception  in  obtaining  or
16        renewing a license.
17             (2)  Engaging   in   dishonorable,   unethical,   or
18        unprofessional  conduct of a character likely to deceive,
19        defraud, or harm the public in the course of professional
20        services or activities.
21             (3)  Conviction of any crime that has a  substantial
22        relationship  to  his  or  her  practice  or an essential
23        element of which is misstatement, fraud,  dishonesty,  or
24        conviction  in this or another state of any crime that is
25        a felony under the laws of Illinois or  conviction  of  a
26        felony   in   a   federal   court,  unless  the  licensee
27        demonstrates  that  he  or  she  has  been   sufficiently
28        rehabilitated to warrant the public trust.
29             (4)  Performing  any  service in a grossly negligent
30        manner or permitting any licensed employee to  perform  a
31        service  in  a  grossly  negligent  manner, regardless of
32        whether  actual  damage  or  damage  to  the  public   is
33        established.
HB1482 Enrolled            -8-       LRB093 07785 AMC 07974 b
 1             (5)  Addiction  to or dependency on alcohol or drugs
 2        or use of alcohol or drugs that is likely to endanger the
 3        public at a pyrotechnic display.
 4             (6)  Willfully   receiving   direct   or    indirect
 5        compensation  for  any  professional service not actually
 6        rendered.
 7             (7)  Having disciplinary action taken against his or
 8        her license in another state.
 9             (8)  Making  differential  treatment   against   any
10        person  to  his  or her detriment because of race, color,
11        creed, sex, religion, or national origin.
12             (9)  Engaging in unprofessional conduct.
13             (10)  Engaging in false or misleading advertising.
14             (11)  Contracting or assisting an unlicensed  person
15        to perform services for which a license is required under
16        this Act.
17             (12)  Permitting  the  use  of his or her license to
18        enable an unlicensed person or agency  to  operate  as  a
19        licensee.
20             (13)  Performing  and charging for a service without
21        having the authorization to do so from the member of  the
22        public being served.
23             (14)  Failure  to  comply with any provision of this
24        Act or the rules promulgated under this Act.
25             (15)  Conducting  business  regulated  by  this  Act
26        without a currently valid license.

27        Section 75.  Formal charges; hearing.
28        (a)  The  Office  may  file  formal  charges  against   a
29    licensee.  The formal charges, at a minimum, shall inform the
30    licensee of the specific facts that  are  the  basis  of  the
31    charge to enable the licensee to defend himself or herself.
32        (b)  Each  licensee  whose  conduct  is  the subject of a
33    formal  charge  that  seeks  to  impose  disciplinary  action
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 1    against the licensee shall be served  notice  of  the  formal
 2    charge  at  least 30 days before the date of the hearing. The
 3    hearing shall be presided over by the  Office  or  a  hearing
 4    officer  authorized  by  the  Office  in  compliance with the
 5    Illinois  Administrative  Procedure  Act.  Service  shall  be
 6    considered to have been given if the  notice  was  personally
 7    received  by  the  licensee  or  if  the  notice  was  mailed
 8    certified,   return   requested,   to  the  licensee  at  the
 9    licensee's last known address as listed with the Office.
10        (c)  The notice of a formal charge shall  consist,  at  a
11    minimum, of the following information:
12             (1)  The time and date of the hearing.
13             (2)  A   statement  that  the  licensee  may  appear
14        personally at the  hearing  and  may  be  represented  by
15        counsel.
16             (3)  A  statement that the licensee has the right to
17        produce witnesses and evidence in his or her  behalf  and
18        the   right   to  cross-examine  witnesses  and  evidence
19        produced against him or her.
20             (4)  A statement that  the  hearing  can  result  in
21        disciplinary  action  being  taken  against  his  or  her
22        license.
23             (5)  A statement that rules for the conduct of these
24        hearings  exist  and  that  it  may be in his or her best
25        interest to obtain a copy.
26             (6)  A statement that the hearing officer authorized
27        by the Office shall preside at the hearing and, following
28        the conclusion of the hearing,  make  findings  of  fact,
29        conclusions   of  law,  and  recommendations,  separately
30        stated, to the Office as to what disciplinary action,  if
31        any, should be imposed on the licensee.
32             (7)  A  statement  that  the Office may continue the
33        hearing.
34        (d)  The Office or the hearing officer authorized by  the
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 1    Office  shall hear evidence produced in support of the formal
 2    charges and contrary evidence produced by  the  licensee,  if
 3    any. If the hearing is conducted by a hearing officer, at the
 4    conclusion  of  the  hearing,  the hearing officer shall make
 5    findings of fact, conclusions of  law,  and  recommendations,
 6    separately  stated,  and submit them to the Office and to all
 7    parties to the proceeding. Submission to the  licensee  shall
 8    be  considered  as  having  been  made  if  done in a similar
 9    fashion as service of the notice of formal charges. Within 20
10    days after the service,  any  party  to  the  proceeding  may
11    present  to the Office a motion, in writing, for a rehearing.
12    The written motion shall specify the particular  grounds  for
13    the rehearing.
14        (e)  The  Office, following the time allowed for filing a
15    motion for rehearing,  shall  review  the  hearing  officer's
16    findings  of  fact,  conclusions of law, recommendations, and
17    any motions filed subsequent to the hearing. After review  of
18    the  information  the  Office  may  hear  oral  arguments and
19    thereafter issue an order. The report of  findings  of  fact,
20    conclusions  of  law,  and  recommendations  of  the  hearing
21    officer  shall  be  the  basis for the Office's order. If the
22    Office finds that substantial justice was not  done,  it  may
23    issue  an  order  in  contravention  of the hearing officer's
24    findings.
25        (f)  All proceedings under this Section  are  matters  of
26    public  record  and  a  record  of  the  proceedings shall be
27    preserved.

28        Section 80.  Sanctions.
29        (a)  The  Office  shall  impose  any  of  the   following
30    sanctions, singularly or in combination, when it finds that a
31    licensee  or  applicant is guilty of any offense described in
32    this Act:
33             (1)  revocation;
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 1             (2)  suspension for any period of time;
 2             (3)  reprimand or censure;
 3             (4)  place on probationary status  and  require  the
 4        submission of any of the following:
 5                  (i)  report   regularly   to  the  Office  upon
 6             matters that are the basis of the probation;
 7                  (ii)  continue or renew professional  education
 8             until  a  satisfactory  degree  of  skill  has  been
 9             attained  in  those  areas that are the basis of the
10             probation; or
11                  (iii)  such other  reasonable  requirements  or
12             restrictions as are proper;
13             (5)  refuse to issue, renew, or restore; or
14             (6)  revoke  probation  that  has  been  granted and
15        impose any other discipline in this subsection  (a)  when
16        the  requirements of probation have not been fulfilled or
17        have been violated.
18        (b)  The State  Fire  Marshal  may  summarily  suspend  a
19    license  under  this  Act,  without a hearing, simultaneously
20    with the filing of  a  formal  complaint  and  notice  for  a
21    hearing provided under this Section if the State Fire Marshal
22    finds  that  the continued operations of the individual would
23    constitute an immediate danger to the public.  In  the  event
24    the   State  Fire  Marshal  suspends  a  license  under  this
25    subsection, a hearing by the hearing  officer  designated  by
26    the  State  Fire Marshal shall begin within 20 days after the
27    suspension begins, unless continued at  the  request  of  the
28    licensee.
29        (c)  Disposition  may  be made of any formal complaint by
30    consent  order  between  the  State  Fire  Marshal  and   the
31    licensee, but the Office must be apprised of the full consent
32    order in a timely way.
33        (d)  The  Office  shall  reinstate  any  license  to good
34    standing under this Act, upon recommendation to  the  Office,
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 1    after  a hearing before the hearing officer authorized by the
 2    Office. The Office shall be satisfied  that  the  applicant's
 3    renewed practice is not contrary to the public interest.
 4        (e)  The  Office may conduct hearings and issue cease and
 5    desist orders to persons who engage in activities  prohibited
 6    by  this  Act without having a valid license, certificate, or
 7    registration. Any person in violation of a cease  and  desist
 8    order entered by the Office is subject to all of the remedies
 9    provided  by  law,  and  in  addition,  is subject to a civil
10    penalty payable to the party injured by the violation.

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

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

 7        Section  905.  The  Illinois Explosives Act is amended by
 8    changing Section 2001 as follows:

 9        (225 ILCS 210/2001) (from Ch. 96 1/2, par. 1-2001)
10        Sec. 2001. No person  shall  possess,  use,  purchase  or
11    transfer   explosive   materials   unless   licensed  by  the
12    Department except as otherwise provided by this Act  and  the
13    Pyrotechnic Operator Licensing Act.
14    (Source: P.A. 86-364.)

15        Section   910.  The  Fireworks  Use  Act  is  amended  by
16    changing Section 2 as follows:

17        (425 ILCS 35/2) (from Ch. 127 1/2, par. 128)
18        Sec. 2.  Except  as  hereinafter  provided  it  shall  be
19    unlawful for any person, firm, co-partnership, or corporation
20    to  knowingly  possess, offer for sale, expose for sale, sell
21    at retail, or use or explode  any  fireworks;  provided  that
22    city  councils in cities, the president and board of trustees
23    in villages and incorporated towns, and outside the corporate
24    limits of cities, villages and incorporated towns, the county
25    board,  shall  have  power  to  adopt  reasonable  rules  and
26    regulations for the granting of permits for supervised public
27    displays of fireworks. Every such display shall be handled by
28    a competent individual who is licensed as a lead  pyrotechnic
29    operator designated by the local authorities herein specified
30    and  shall  be of such a character and so located, discharged
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 1    or fired, as not to be hazardous to property or endanger  any
 2    person  or  persons. Application for permits shall be made in
 3    writing at least 15 days  in  advance  of  the  date  of  the
 4    display  and action shall be taken on such application within
 5    48 hours after such application is made. After such privilege
 6    shall  have  been  granted,  sales,   possession,   use   and
 7    distribution  of  fireworks  for such display shall be lawful
 8    for that purpose only. No permit granted hereunder  shall  be
 9    transferable.
10        Permits  may  be  granted hereunder to any groups of 3 or
11    more adult individuals applying therefor. No permit shall  be
12    required,  under  the  provisions of this Act, for supervised
13    public displays by State or County fair associations.
14        The governing body shall require  proof  of  insurance  a
15    bond  from  the  permit  applicant licensee in a sum not less
16    than $1,000,000 $1,000 conditioned  on  compliance  with  the
17    provisions  of this law and the regulations of the State Fire
18    Marshal adopted hereunder, except that no municipality  shall
19    be required to provide evidence of insurance file such bond.
20        Such  permit shall be issued only after inspection of the
21    display site by the issuing officer, to determine  that  such
22    display  shall  be  in  full compliance with the rules of the
23    State Fire Marshal, which  shall  be  based  upon  nationally
24    recognized  standards  such  as  those  of  the National Fire
25    Protection Association (NFPA)  1123  guidelines  for  outdoor
26    displays  and  NFPA  1126  guidelines for indoor displays and
27    shall not be hazardous to property or endanger any person  or
28    persons. Nothing in this Section shall prohibit the issuer of
29    the permit from adopting more stringent rules.
30        All  indoor  pyrotechnic  displays  shall be conducted in
31    buildings protected by automatic sprinkler systems.
32        The  chief  of  the  fire   department   providing   fire
33    protection  coverage  to  the  area of display, or his or her
34    designee, shall sign the permit. Forms for  such  application
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 1    and  permit may be obtained from the Office of the State Fire
 2    Marshal.  One copy of such permit shall be on file  with  the
 3    issuing  officer, and one copy forwarded to the Office of the
 4    State Fire Marshal.
 5        Possession  by  any  party  holding  a   certificate   of
 6    registration   under   "The   Fireworks   Regulation  Act  of
 7    Illinois", filed July 20, 1935, or by any employee  or  agent
 8    of  such  party  or  by any person transporting fireworks for
 9    such  party,  shall  not  be  a  violation,   provided   such
10    possession  is  within the scope of business of the fireworks
11    plant registered under that Act.
12    (Source: P.A. 86-1028.)

13        Section 99. Effective date.  This Act takes  effect  upon
14    becoming law.