Full Text of SB2299 93rd General Assembly
SB2299sam001 93RD GENERAL ASSEMBLY
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Sen. Denny Jacobs
Filed: 3/4/2004
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| AMENDMENT TO SENATE BILL 2299
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| AMENDMENT NO. ______. Amend Senate Bill 2299 by replacing | 3 |
| everything after the enacting clause with the following:
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| "ARTICLE 1. GENERAL PROVISIONS
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| Section 1-1. Short title. This Act may be cited as the | 6 |
| Fireworks Sales Act.
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| Section 1-5. Definitions. As used in this Act:
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| "Consumer Fireworks" means all fireworks classified as | 9 |
| Consumer Fireworks or
as 1.4G fireworks in the regulations of | 10 |
| the U.S. Department of Transportation,
excluding wire | 11 |
| sparklers.
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| "Display Fireworks" means all fireworks classified as | 13 |
| Display Fireworks or as
1.3G fireworks in the regulations of | 14 |
| the U.S. Department of Transportation.
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| "Fireworks" has the same definition as set forth in Section | 16 |
| 2 of the
Fireworks Regulation Act of Illinois.
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| "Importer" means any person engaged in the business of | 18 |
| making sales of
fireworks to a wholesaler.
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| "Office" means the Office of the State Fire Marshal.
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| "Person" means any individual, partnership, limited | 21 |
| liability company,
limited
liability partnership, corporation, | 22 |
| or other legal entity.
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| "Retailer" means any person who sells or offers fireworks |
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| for sale for use or
consumption and not for resale in any form.
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| "Sale" means any transfer, exchange, or barter of fireworks | 3 |
| for money and
each transaction made by any person or his or her | 4 |
| agent or employee.
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| "Wholesaler" means any person engaged in the business of | 6 |
| selling fireworks to
a retailer.
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| Section 1-10. Applicability.
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| (a) The term "fireworks" does not include toy paper pistol | 9 |
| caps that
contain less than 25/100 grains of explosive | 10 |
| compounds, model rockets,
emergency signal flares, and | 11 |
| matches, the sale and use of which shall be
permitted at all | 12 |
| times without a special fireworks license. Party stores are
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| also exempt from the fireworks license requirement when selling
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| party poppers and morning glory sparklers.
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| (b) Nothing in this Act shall be construed as applying to: | 16 |
| (i) the
manufacture,
storage, sale, or use of signals necessary | 17 |
| for the operation of railroads
or other classes of public or | 18 |
| private transportation; (ii) the
military or naval forces of | 19 |
| the United States or of this State or to peace
officers; or | 20 |
| (iii) the sale or use of blank cartridges for
ceremonial, | 21 |
| theatrical, or athletic events.
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| (c) This Act does not affect the validity of any local law
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| further prohibiting or restricting
the sale or use of | 24 |
| fireworks.
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| Section 1-15. Enforcement. The State Fire Marshal may | 26 |
| designate a deputy fire
marshal as the "Fireworks Enforcement | 27 |
| Officer", who shall have the
responsibility of
directing | 28 |
| enforcement of the State fireworks laws. The Office is charged | 29 |
| with
the enforcement of this Act and may call upon any State, | 30 |
| county, or municipal peace
officer for assistance in the | 31 |
| enforcement of this Act.
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| ARTICLE 2. LICENSES
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| Section 2-5. License required. It is unlawful for any | 3 |
| person or his or
her agent or employee to act as an importer, | 4 |
| wholesaler, or retailer of
fireworks in this State without | 5 |
| having first secured a license from the Office
in accordance | 6 |
| with this Act.
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| It is unlawful for any person to engage in the shipment of | 8 |
| fireworks
into the State without having first secured a license | 9 |
| from the Office in
accordance with this
Act.
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| No person may deliver, sell, or ship fireworks into or | 11 |
| within the State of
Illinois unless the receiver produces the | 12 |
| required license or evidence that the
consignee holds the | 13 |
| license.
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| Section 2-10. Licenses and fees.
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| (a) Licenses issued by the Office shall be of the following | 16 |
| classes:
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| (1) importer;
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| (2) wholesaler; and
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| (3) retailer.
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| If a person acts in more than one capacity as an importer, | 21 |
| wholesaler or
retailer, then that person must have the | 22 |
| appropriate license for each capacity
in which he or she acts. | 23 |
| A person must have a separate license for each
location where | 24 |
| he or she conducts business as an importer, wholesaler, or
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| retailer.
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| (b) All licenses shall be for the calendar year or any | 27 |
| fraction thereof and
shall expire on December 31 of each year.
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| (c) The State Fire Marshal is authorized and directed to | 29 |
| charge for licenses
issued as follows:
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| (1) importer, $3,500;
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| (2) wholesaler, $1,000; and
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| (3) retailer, $25.
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| (d) The State Fire Marshal shall deposit $200,000 of the | 2 |
| amount received
each fiscal year as license fees under this Act | 3 |
| into the Fire Prevention Fund
to be used (i) for fire | 4 |
| prevention programs and (ii) for the costs of enforcing
this | 5 |
| Act. The State Fire
Marshal shall deposit the remainder of the | 6 |
| amount received as license fees
under this Act into the General | 7 |
| Revenue Fund.
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| Section 2-15. Application procedures. Applications for a | 9 |
| license under this
Act must be made to the Office on forms | 10 |
| prescribed by the Office and shall be
accompanied by the | 11 |
| appropriate documentation and the required fee, which shall
not | 12 |
| be refundable. Every application must require the information | 13 |
| that, in the
judgment of the Office, will enable the Office to | 14 |
| pass on the qualifications of
the applicant for a license.
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| Section 2-20. Qualifications.
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| (a) To be eligible to receive and hold a license, the | 17 |
| applicant must be
located in permanent structure and be open
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| for business 12 months each year. Fireworks stands operated by | 19 |
| handicapped or
retired
persons that generate less than $15,000 | 20 |
| gross sales annually and not-for-profit
organization retailers | 21 |
| are not required to be open 12 months of the year.
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| (b) No license may be issued to an individual under the age | 23 |
| of 21 years.
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| Section 2-25. License transfers. No license under this Act | 25 |
| may be transferred
nor may a person operate under a license | 26 |
| issued to any other person or under a
license issued for | 27 |
| another location, unless the Office has approved that
transfer.
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| Section 2-30. License display and numbers.
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| (a) A license issued to a retailer must be displayed in the | 30 |
| retailer's
place of
business. No person may purchase fireworks |
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| from an importer or wholesaler
without first requiring proof | 2 |
| that the seller has obtained the proper license
and that it is | 3 |
| current and valid.
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| (b) The Office shall assign a number to each license | 5 |
| issued, and each
licensee
must include that number on all | 6 |
| purchase orders, delivery receipts, and
invoices issued or used | 7 |
| by each importer or wholesaler.
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| Section 2-35. License revocation.
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| (a) The State Fire Marshal may revoke or suspend any | 10 |
| license issued under
the provisions of this Act upon a finding | 11 |
| that the licensee has violated any of
the provisions of this | 12 |
| Act. Before a license may be revoked or suspended, the
Office | 13 |
| must provide the licensee with notice stating the grounds for | 14 |
| the
revocation or suspension and an opportunity for a hearing. | 15 |
| The Office must
promulgate rules concerning license revocation | 16 |
| and suspension procedures.
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| (b) The State Fire Marshal, in his or her discretion, may | 18 |
| refuse to issue,
for a period not to exceed one year, another
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| license to
the holder of a license that has been cancelled or | 20 |
| revoked for the possession
or sale of illegal fireworks.
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| Section 2-40. Construction with State and local laws. The | 22 |
| issuance of the
license under this Act does not replace or | 23 |
| relieve any person from obtaining
any other
State, county, or | 24 |
| municipal privilege licenses as required by law.
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| Section 2-45. Display fireworks. Nothing in this Act shall | 26 |
| be construed as
applying to the shipping, sale, possession, and | 27 |
| use of Display Fireworks for
public displays by holders of a | 28 |
| permit for a public display. Application for a
State permit for
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| public display must be made in writing to the Office at least | 30 |
| 10 days before
the display date. The application must show that | 31 |
| the proposed display is to be
so located and supervised that it |
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| will not be hazardous to property and that it
will not endanger | 2 |
| human lives. If the display is to be performed within the
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| limits of a municipality, the application shall so state and | 4 |
| shall bear the
signed approval of the chief supervisory | 5 |
| official of the fire or police
department of the municipality. | 6 |
| Permits issued shall be limited to the time
specified therein | 7 |
| and shall not be transferable.
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| ARTICLE 3. PERMITTED FIREWORKS
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| Section 3-5. Permitted fireworks.
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| (a) Subject to the provisions of this Act, it is lawful for | 11 |
| any person
to possess, sell, or use within the State of | 12 |
| Illinois, or ship into the State
of Illinois, any fireworks | 13 |
| that are Consumer Fireworks or those items that
comply with the | 14 |
| construction, chemical composition, and labeling regulations
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| promulgated by the U.S. Consumer
Product Safety Commission and | 16 |
| permitted for use by the general public under
their | 17 |
| regulations.
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| Permitted fireworks designed to produce an audible effect | 19 |
| are confined to (i)
small ground items including firecrackers | 20 |
| not over 1 1/2" in length and 1/4" in
diameter and containing | 21 |
| 50 milligrams or less of explosive composition and (ii)
aerial | 22 |
| devices containing 130 milligrams or less of explosive | 23 |
| composition.
Propelling or expelling
charges consisting of a | 24 |
| mixture of charcoal, sulfur, and potassium nitrate are
not | 25 |
| considered as designed to produce an audible effect.
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| (b) Additional permitted fireworks for which a license is | 27 |
| required shall
include:
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| (1) Related items not classified by the as Consumer | 29 |
| Fireworks, but that
are identified under federal | 30 |
| regulations as trick noisemakers, toy novelties,
toy smoke | 31 |
| devices, and sparklers.
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| (2) Toy snakes, snappers, auto burglar alarms, smoke |
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| balls, smoke novelty
items, party poppers, trick matches, | 2 |
| cigarette loads, and morning glory
sparklers containing | 3 |
| not over 100 grams of composition per item.
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| Sparklers containing any chlorate of perchlorate salts may | 5 |
| not exceed 5 grams
of composition per item. Morning glory | 6 |
| sparklers containing any chlorate of
perchlorate salts may not | 7 |
| exceed 5 grams of composition per item.
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| Section 3-10. Prohibited fireworks. Except as provided in | 9 |
| Section 2-45, all
items of Display Fireworks-type ground | 10 |
| salutes commonly known as "cherry
bombs", various tubular | 11 |
| salutes that exceed the limits of permitted Consumer
Fireworks | 12 |
| as to size or explosive composition that are designed to | 13 |
| produce an
audible effect referred to in Section 3-10, and wire | 14 |
| sparklers are expressly
prohibited from shipment into and | 15 |
| possession, sale, and use within the State of
Illinois for any | 16 |
| purpose.
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| ARTICLE 4. REGULATIONS
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| Section 4-5. Packing identification. No permissible | 19 |
| fireworks defined on
Section 3-5 may be sold, offered for sale, | 20 |
| possessed within the State, or used
within the State,
except as | 21 |
| provided in Section 2-45, unless it is identified on the | 22 |
| shipping
cases and by imprinting on the article or retail sales | 23 |
| container or unit as
"D.O.T. Consumer Fireworks" or other | 24 |
| appropriate classification or
identification as may be | 25 |
| applicable or required by any federal agency having
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| jurisdiction over fireworks or related items. The imprint must | 27 |
| be of sufficient
size and be positioned so as to be readily | 28 |
| recognized by law enforcement
authorities and the general | 29 |
| public.
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| Section 4-10. Storage and display of fireworks.
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| (a) Placing, storing, locating, or displaying fireworks in | 2 |
| any window
where the sun may shine through glass onto the | 3 |
| fireworks or to
permit the presence of lighted cigars, | 4 |
| cigarettes, or pipes within 10 feet of
where the fireworks are | 5 |
| offered for
sale is declared unlawful and prohibited. At all | 6 |
| places where fireworks are
stored or sold, there must be posted | 7 |
| signs with the words "Fireworks. No
smoking." in letters not | 8 |
| less than 4 inches high.
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| (b) No fireworks may be sold at retail at any location | 10 |
| where paints, oils,
or varnishes are sold or used unless the | 11 |
| fireworks are kept in the original
unbroken
containers. | 12 |
| Fireworks may not be placed, stored, or located within 25 feet | 13 |
| of
where resin, turpentine, gasoline, or other
inflammable | 14 |
| substance that may generate inflammable vapors is used, stored, | 15 |
| or
sold.
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| (c) Any fireworks device that is readily accessible to | 17 |
| handling by consumers
or purchasers must have their fuses | 18 |
| protected in a manner that protects against
accidental ignition | 19 |
| by a spark, cigarette ash, or other ignition
source.
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| (d) All retail outlets selling permissible fireworks must | 21 |
| have at least one
fire
extinguisher or several pails of water | 22 |
| readily available. No retail license
may be issued for the sale | 23 |
| of fireworks at retail from tents or from or in a
motor vehicle | 24 |
| or from a trailer towed by a motor vehicle.
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| Section 4-15. Prohibited sales.
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| (a) It is unlawful to offer for retail sale or to sell any | 27 |
| fireworks
including wire sparklers to persons under the age of | 28 |
| 21 years or to any
intoxicated person.
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| (b) Any person purchasing fireworks must show a valid | 30 |
| driver's license or
State-approved identification card.
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| (c) Permitted nonfireworks items identified as snappers, | 32 |
| trick noisemakers,
toy novelties, toy smoke devices, toy | 33 |
| snakes, snappers, auto burglar alarms,
smoke balls,
smoke |
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| novelty items, party poppers, witches whistle, serpent | 2 |
| chargers, or trick
matches may be sold to persons 18 years old | 3 |
| or older.
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| Section 4-20. Prohibited acts.
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| (a) It is unlawful to explode or ignite fireworks within | 6 |
| 600 feet of
any church, hospital, asylum, public school, or | 7 |
| enclosed building or within
200 feet of where fireworks are | 8 |
| stored, sold, or offered for sale.
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| (b) No person may ignite or discharge any permissible | 10 |
| articles or fireworks
within or throw them from a motor vehicle | 11 |
| while within nor shall any person
place or throw any ignited | 12 |
| article of fireworks into or at a motor vehicle, or
at or near | 13 |
| any person or group of people.
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| Section 4-25. Penalties. Any person that violates any | 15 |
| provision of this Act
is guilty of a Class B misdemeanor.
Any | 16 |
| person convicted of manufacturing, shipping, possessing, or
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| selling any illegal fireworks described in Section 3-10 of this | 18 |
| Act shall, on
subsequent violations, be guilty of a Class 4 | 19 |
| felony.
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| Section 4-30. Seizure of prohibited fireworks. The State | 21 |
| Fire Marshal shall
seize
as contraband any fireworks other than | 22 |
| the fireworks permitted under
Section 3-5, or fireworks for
| 23 |
| public displays as provided in Section 2-45, that are sold, | 24 |
| displayed, used, or
possessed in violation of this Act. The | 25 |
| State Fire Marshal is authorized to
destroy any illegal | 26 |
| fireworks seized.
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| ARTICLE 90. AMENDATORY PROVISIONS | 28 |
| Section 90-5. The Illinois Explosives Act is amended by | 29 |
| changing Sections 1003 and 2001 as follows:
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| (225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003)
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| Sec. 1003. Definitions. As used in this Act:
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| (a) "Person" means any individual, corporation, company, | 4 |
| association,
partnership, or other legal entity.
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| (b) "Explosive materials" means explosives, blasting | 6 |
| agents, and detonators.
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| (c) "Explosive" means any chemical compound, mixture or | 8 |
| device, the
primary or common purpose of which is to function | 9 |
| by explosion and includes
high or low explosives. For purposes | 10 |
| of the administration of this Act, the following are not | 11 |
| considered explosives: fixed ammunition for small arms, safety | 12 |
| fuses, matches, display fireworks, theatrical pyrotechnics and | 13 |
| models rocket fuel.
Manufactured articles, including, but not | 14 |
| limited
to, fixed ammunition for small arms, fire crackers, | 15 |
| safety fuses, and
matches are not explosives when the | 16 |
| individual units contain explosives
in such limited quantity | 17 |
| and of such nature or in such packing that it is
impossible to | 18 |
| produce a simultaneous or a destructive explosion of such
units | 19 |
| which would be injurious to life, limb or property.
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| (d) "Blasting agent" means any material or mixture | 21 |
| consisting of a fuel
and oxidizer intended for blasting, not | 22 |
| otherwise defined as an explosive,
provided that the finished | 23 |
| product, as mixed and packaged for use or
shipment, cannot be | 24 |
| detonated by means of a No. 8 blasting cap, as defined
by the | 25 |
| Bureau of Alcohol, Tobacco and Firearms, U.S. Department of
| 26 |
| Treasury, when unconfined.
| 27 |
| (e) "Detonator" means any device containing any initiating | 28 |
| or primary
explosive that is used for initiating detonation. A | 29 |
| detonator may not
contain more than 10 grams of total | 30 |
| explosives by weight, excluding
ignition or delay charges.
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| (f) "Highway" means any public street, public highway, or | 32 |
| public alley.
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| (g) "Railroad" or "railway" means any public steam, |
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| electric or other
railroad or rail system which carries | 2 |
| passengers for hire, but shall not
include auxiliary tracks, | 3 |
| spurs and sidings installed and primarily used in
serving any | 4 |
| mine, quarry or plant.
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| (h) "Building" means and includes any building regularly | 6 |
| occupied, in
whole or in part, as a habitation for human | 7 |
| beings, and any church,
schoolhouse, railway station or other | 8 |
| building where people are accustomed to
assemble, but does not | 9 |
| mean or include any buildings of a mine or quarry
or any of the | 10 |
| buildings of a manufacturing plant where the business of
| 11 |
| manufacturing explosive materials is conducted.
| 12 |
| (i) "Factory building" means any building or other | 13 |
| structure in which the
manufacture or any part of the | 14 |
| manufacture of explosive materials is conducted.
| 15 |
| (j) "Magazine" means any building or other structure or | 16 |
| container, other
than a factory building, used to store | 17 |
| explosive materials. Where mobile
or portable type 5 magazines | 18 |
| are permissible and used, "magazine", for the
purpose of | 19 |
| obtaining certificates and calculating fees, means the site on
| 20 |
| which such magazines are located.
| 21 |
| (k) "Magazine keeper" means a qualified supervisory person | 22 |
| responsible
for the inventory and safe storage of explosive | 23 |
| materials, including the
proper maintenance of explosive | 24 |
| materials, storage magazines and
surrounding areas.
| 25 |
| (l) "Black powder" means a deflagrating or low explosive | 26 |
| compound of an
intimate mixture of sulfur, charcoal and an | 27 |
| alkali nitrate, usually
potassium or sodium nitrate.
| 28 |
| (m) "Municipality" includes cities, villages, and | 29 |
| incorporated towns
and townships.
| 30 |
| (n) "Fugitive from justice" means any individual who has | 31 |
| fled from the
jurisdiction of any court of record to avoid | 32 |
| prosecution for any crime or
to avoid giving testimony in any | 33 |
| criminal proceeding. This term shall also
include any | 34 |
| individual who has been convicted of any crime and has fled to
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| avoid imprisonment.
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| (o) "Department" means the Department of Natural | 3 |
| Resources.
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| (p) "Small arms" means guns of 50 calibers or less.
| 5 |
| (q) "Director" means the Director of Natural Resources.
| 6 |
| (r) "Storage certificate" means the certificate issued by | 7 |
| the Department
under Article 3 of this Act that authorizes the | 8 |
| holder to store explosive
materials in the magazine for which | 9 |
| the certificate is issued.
| 10 |
| (s) "License" means that license issued by the Department | 11 |
| under Article
2 of this Act authorizing the holder to possess, | 12 |
| use, purchase, transfer or
dispose of, but not to store, | 13 |
| explosive materials.
| 14 |
| (Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)
| 15 |
| (225 ILCS 210/2001) (from Ch. 96 1/2, par. 1-2001)
| 16 |
| Sec. 2001. No person shall possess, use, purchase or | 17 |
| transfer explosive
materials unless licensed by the Department | 18 |
| except as otherwise provided
by this Act and the Pyrotechnic | 19 |
| Distributor
Operator Licensing Act.
| 20 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 21 |
| Section 90-10. The Pyrotechnic Operator Licensing Act is | 22 |
| amended by changing Sections 1, 5, 10, 30, 35, 50, 60, 65 and | 23 |
| 90 as follows:
| 24 |
| (225 ILCS 227/1)
| 25 |
| Sec. 1. Short title. This Act may be cited as the | 26 |
| Pyrotechnic
Distributor
Operator Licensing Act.
| 27 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 28 |
| (225 ILCS 227/5)
| 29 |
| Sec. 5. Definitions. In this Act:
| 30 |
| "Consumer fireworks" means pyrotechnic items as defined |
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| and regulated by the Consumer Product Safety Commission. | 2 |
| Consumer fireworks are not governed by this Act.
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| "Display fireworks" means any substance or article defined | 4 |
| as a Division
1.3G or 1.4 explosive by the United States | 5 |
| Department of Transportation under
49 CFR 173.50, except a | 6 |
| substance or article exempted under the Fireworks Use
Act.
| 7 |
| "Fireworks" has the meaning given to that term in the | 8 |
| Fireworks Use Act.
| 9 |
| "Lead pyrotechnic operator" means the individual with | 10 |
| overall
responsibility
for the safety, setup, discharge, and | 11 |
| supervision of a pyrotechnic display.
| 12 |
| "Office" means Office of the State Fire Marshal.
| 13 |
| "Person" means an individual, firm, corporation, | 14 |
| association,
partnership,
company, consortium, joint venture, | 15 |
| commercial entity, state,
municipality, or
political | 16 |
| subdivision of a state or any agency, department, or
| 17 |
| instrumentality of the
United States and any officer, agent, or | 18 |
| employee of these entities.
| 19 |
| "Pyrotechnic display" or "display" means the detonation, | 20 |
| ignition, or
deflagration of display fireworks to produce a | 21 |
| visual or audible effect of an
exhibitional nature before the | 22 |
| public, invitees, or licensees, regardless of
whether | 23 |
| admission is charged. | 24 |
| "Pyrotechnic distributor" means any person, company, | 25 |
| association, group of persons, or corporation who distributes | 26 |
| fireworks for sale in the State of Illinois.
| 27 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 28 |
| (225 ILCS 227/10)
| 29 |
| Sec. 10. License; enforcement. No person may act as a | 30 |
| pyrotechnic distributor
lead pyrotechnic
operator, or | 31 |
| advertise or use any title implying that the person is a | 32 |
| pyrotechnic distributor
lead
pyrotechnic operator , unless | 33 |
| licensed by the Office under this Act. An
out-of-state person |
|
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| hired for or engaged in a pyrotechnic display must have a
| 2 |
| pyrotechnic distributor license issued by the Office
person | 3 |
| licensed under this Act as a lead pyrotechnic operator | 4 |
| supervising the
display . The State Fire Marshal, in the name of | 5 |
| the People, through the
Attorney General, the State's Attorney | 6 |
| of any county, any resident of the
State, or any legal entity | 7 |
| within the State may apply for injunctive relief in
any court | 8 |
| to enjoin any person who has not been issued a license or whose
| 9 |
| license has been suspended, revoked, or not renewed, from | 10 |
| practicing a licensed
activity. Upon filing a verified
petition | 11 |
| in court, the court, if satisfied by affidavit, or otherwise, | 12 |
| that the
person is or has been practicing in violation of this | 13 |
| Act, may enter a
temporary restraining order or preliminary | 14 |
| injunction, without bond, enjoining
the defendant from further | 15 |
| unlicensed activity. A copy of the verified
complaint shall be | 16 |
| served upon the defendant and the proceedings are to be
| 17 |
| conducted as in other civil cases. The court may enter a | 18 |
| judgment permanently
enjoining a defendant from further | 19 |
| unlicensed activity if it is established
that the defendant has | 20 |
| been or is practicing in violation of this Act. In case
of | 21 |
| violation of any injunctive order or judgment entered under | 22 |
| this Section,
the court may summarily try and punish the | 23 |
| offender for contempt of court.
Injunctive proceedings are in | 24 |
| addition to all penalties and other remedies in
this Act.
| 25 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 26 |
| (225 ILCS 227/30)
| 27 |
| Sec. 30. Rules. The State Fire Marshal shall adopt all | 28 |
| rules necessary to
carry out its responsibilities under this | 29 |
| Act including licensing of pyrotechnic distributors
rules | 30 |
| requiring the
training, examination, and licensing of lead | 31 |
| pyrotechnic operators engaging in
or responsible for the | 32 |
| handling and use of display fireworks
Division 1.3G (Class B) | 33 |
| and 1.4
(Class C) explosives . The test shall incorporate the |
|
|
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| rules of the State Fire
Marshal, which shall be based upon | 2 |
| nationally recognized standards such as
those of the National | 3 |
| Fire Protection Association (NFPA) 1123 guidelines for
outdoor | 4 |
| displays and NFPA 1126 for indoor displays. The Fire Marshal | 5 |
| shall
adopt rules as required for the licensing of a lead | 6 |
| pyrotechnic operator
involved in an outdoor or indoor | 7 |
| pyrotechnic display.
| 8 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 9 |
| (225 ILCS 227/35)
| 10 |
| Sec. 35. Licensure requirements and fees.
| 11 |
| (a) Each application for a license to practice under this | 12 |
| Act shall be in
writing and signed by the applicant on forms | 13 |
| provided by the Office. The Office
shall have the testing | 14 |
| procedures for licensing pyrotechnic distributor
as a lead | 15 |
| pyrotechnic 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 forth | 18 |
| in this Act.
| 19 |
| (c) After April 1, 2005, no individual may engage in | 20 |
| pyrotechnic distribution without first applying for and | 21 |
| obtaining a license from the Office. Applicants for a license | 22 |
| must submit to the Office the following: | 23 |
| (1) It must have a current BATFE license for | 24 |
| distribution of display fireworks. | 25 |
| (2) It must show proof of $1,000,000 in product | 26 |
| liability insurance. | 27 |
| (3) It must show proof of $1,000,000 in general | 28 |
| liability insurance. | 29 |
| (4) It must show proof of Illinois Worker's | 30 |
| Compensation Insurance. | 31 |
| (5) Fees as established by the Office. | 32 |
| (6) It must provide proof of a current United States | 33 |
| Department of Transportation (DOT) Identification Number. |
|
|
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| (7) It must provide proof of a current USDOT Hazardous | 2 |
| Materials Registration Number. | 3 |
| (8) It must provide proof of an employee training | 4 |
| program based upon standards as outlined in the applicable | 5 |
| NFPA guidelines.
act as a lead operator in a
pyrotechnic | 6 |
| display without first applying for and obtaining a lead | 7 |
| pyrotechnic
operator's
license from the Office. The Office | 8 |
| shall establish separate licenses for
lead pyrotechnic
| 9 |
| operators for indoor and outdoor pyrotechnic displays. | 10 |
| Applicants for a
license must:
| 11 |
| (1) Pay the fees set by the Office.
| 12 |
| ( 2) Have the requisite training or continuing | 13 |
| education as
established
in the Office's rules.
| 14 |
| (3) Pass the examination presented by the Office.
| 15 |
| (d) A person is qualified to receive a license under this | 16 |
| Act if
the person
meets all of the following minimum | 17 |
| requirements:
| 18 |
| (1) Is at least 21 years of age.
| 19 |
| (2) Has not willfully violated any provisions of this | 20 |
| Act.
| 21 |
| (3) Has not made any material misstatement or knowingly | 22 |
| withheld
information in connection with any original or | 23 |
| renewal application.
| 24 |
| (4) Has not been declared incompetent by any competent | 25 |
| court by
reasons of mental or physical defect or disease | 26 |
| unless a court has since
declared
the person competent.
| 27 |
| (5) Does not have an addiction to or dependency on | 28 |
| alcohol or drugs that
is likely to endanger the public at a | 29 |
| pyrotechnic display.
| 30 |
| (6) Has not been convicted in any jurisdiction of any | 31 |
| felony within the
prior 5 years.
| 32 |
| (7) Is not a fugitive from justice.
| 33 |
| (e) A person is qualified to assist a lead operator if the | 34 |
| person meets
all of the
following minimum requirements:
|
|
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| (1) Is at least 18 years of age.
| 2 |
| (2) Has not willfully violated any provision of this | 3 |
| Act.
| 4 |
| (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.
| 7 |
| (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.
| 10 |
| (5) Has not been convicted in any jurisdiction of any | 11 |
| felony within the
prior 5 years.
| 12 |
| (6) Is not a fugitive from justice.
| 13 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 14 |
| (225 ILCS 227/50)
| 15 |
| Sec. 50. Issuance of license; renewal; fees nonrefundable.
| 16 |
| (a) The Office, upon the applicant's satisfactory | 17 |
| completion of
the
requirements imposed under this Act and upon | 18 |
| receipt of the requisite
fees, shall
issue the appropriate | 19 |
| license showing the name, address, and photograph of
the
| 20 |
| licensee and the dates of issuance and expiration.
| 21 |
| (b) Each licensee may apply for renewal of his or her | 22 |
| license upon
payment of the applicable
fees. The expiration | 23 |
| date and renewal period for each
license
issued under this Act | 24 |
| shall be set by rule. Failure to renew within 60 days of
the | 25 |
| expiration date
results in lapse of the license. A lapsed | 26 |
| license may not be reinstated until a
written
application is | 27 |
| filed, the renewal fee is paid, and the reinstatement fee
| 28 |
| established by the
Office is paid. Renewal and reinstatement | 29 |
| fees shall be waived for persons
who did not
renew while on | 30 |
| active duty in the military and who file for renewal or
| 31 |
| restoration
within one year after discharge from the service. A | 32 |
| lapsed license may not
be
reinstated after 5 years have elapsed | 33 |
| except upon passing an examination to
determine
fitness to have |
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| the license restored and by paying the required fees.
| 2 |
| (c) All fees paid under this Act are nonrefundable.
| 3 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 4 |
| (225 ILCS 227/60)
| 5 |
| Sec. 60. Conditions of renewal; change of address; | 6 |
| duplicate
license; inspection.
| 7 |
| (a) As a condition of renewal of a license, the Office may | 8 |
| require the
licensee to report information pertaining to the | 9 |
| person's practice in relation
to this Act that the Office | 10 |
| determines to be in the interest of public safety.
| 11 |
| (b) A licensee shall report a change in home or office | 12 |
| address within 10
days of the change.
| 13 |
| (c) The licensee shall carry a copy of the pyrotechnic | 14 |
| distributor's
his or her license at all times when engaging
in | 15 |
| pyrotechnic display activity.
| 16 |
| (d) If a license or certificate is lost, a duplicate shall | 17 |
| be issued
upon payment
of the required fee to be established by | 18 |
| the Office. If a licensee wishes
to change his
or her name, the | 19 |
| Office shall issue a license in the new name upon satisfactory
| 20 |
| proof
that the change of name was done in accordance with law | 21 |
| and upon payment of the
required fee.
| 22 |
| (e) Each licensee shall permit his or her facilities to be | 23 |
| inspected by
representatives of the Office for the purpose of | 24 |
| administering this Act.
| 25 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 26 |
| (225 ILCS 227/65)
| 27 |
| Sec. 65. Grounds for discipline. Licensees subject to this | 28 |
| Act shall conduct
their practice in accordance with this Act | 29 |
| and the rules promulgated under this
Act. A licensee is subject | 30 |
| to disciplinary sanctions enumerated in this Act if
the State | 31 |
| Fire Marshal finds that the licensee is guilty of any of the
| 32 |
| following:
|
|
|
|
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| (1) Fraud or material deception in obtaining or | 2 |
| renewing a license.
| 3 |
| (2) Engaging in dishonorable, unethical, or | 4 |
| unprofessional
conduct of a character likely to deceive, | 5 |
| defraud, or harm the public in
the course of professional | 6 |
| services or activities.
| 7 |
| (3) Conviction of any crime that has a substantial | 8 |
| relationship to his or
her practice or an essential element | 9 |
| of which is misstatement, fraud,
dishonesty, or conviction | 10 |
| in this or another state of any crime that is a
felony | 11 |
| under the laws of Illinois or conviction of a felony in a | 12 |
| federal court,
unless the licensee demonstrates that he or | 13 |
| she has been sufficiently
rehabilitated to warrant the | 14 |
| public trust.
| 15 |
| (4) Performing any service in a grossly negligent | 16 |
| manner or permitting
any licensed employee of the licensee
| 17 |
| to perform a service in a grossly negligent manner,
| 18 |
| regardless of whether actual damage or damage to the public | 19 |
| is established.
| 20 |
| (5) Addiction to or dependency on alcohol or drugs or | 21 |
| use of alcohol or
drugs that is likely to endanger the | 22 |
| public at a pyrotechnic display.
| 23 |
| (6) Willfully receiving direct or indirect | 24 |
| compensation
for any professional service not actually | 25 |
| rendered.
| 26 |
| (7) Having disciplinary action taken against his or her | 27 |
| license in
another state.
| 28 |
| (8) Making differential treatment against any person | 29 |
| to his or her
detriment because of race, color, creed, sex, | 30 |
| religion, or national origin.
| 31 |
| (9) Engaging in unprofessional conduct.
| 32 |
| (10) Engaging in false or misleading advertising.
| 33 |
| (11) Contracting or assisting an unlicensed person to | 34 |
| perform
services for which a license is required under this |
|
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| Act.
| 2 |
| (12) Permitting the use of his or her license to enable | 3 |
| an unlicensed
person or agency to operate as a licensee.
| 4 |
| (13) Performing and charging for a service without | 5 |
| having the
authorization to do so from the member of the | 6 |
| public being served.
| 7 |
| (14) Failure to comply with any provision of this Act | 8 |
| or the rules
promulgated under this Act.
| 9 |
| (15) Conducting business regulated by this Act without | 10 |
| a currently valid
license.
| 11 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 12 |
| (225 ILCS 227/90)
| 13 |
| Sec. 90. Penalties. Any natural person who violates any of | 14 |
| the
following
provisions is guilty of a Class A misdemeanor for | 15 |
| the first offense and a
corporation
or other entity that | 16 |
| violates any of the following provision commits a business
| 17 |
| offense
punishable by a fine not to exceed $5,000; a second or | 18 |
| subsequent offense in
violation of
any Section of this Act, | 19 |
| including this Section, is a Class 4 felony if
committed by a
| 20 |
| natural person, or a business offense punishable by a fine of | 21 |
| up to
$10,000 if
committed by a corporation or other business | 22 |
| entity:
| 23 |
| (1) Practicing or attempting to practice as a | 24 |
| pyrotechnic distributor
lead pyrotechnic
operator
without | 25 |
| a license;
| 26 |
| (2) Obtaining or attempting to obtain a license, | 27 |
| practice or
business, or
any other thing of value by | 28 |
| fraudulent representation;
| 29 |
| (3) Permitting, directing, or authorizing any person | 30 |
| in one's
employ
or under one's direction or supervision to | 31 |
| work or serve as a
licensee if that
individual does not | 32 |
| possess an appropriate valid license.
| 33 |
| Whenever any person is punished as a repeat offender under |
|
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| this
Section, the
Office may proceed to obtain a permanent | 2 |
| injunction against the person under
Section
10. If any person | 3 |
| in making any oath or affidavit required by this Act swears
| 4 |
| falsely,
the person is guilty of perjury and upon conviction | 5 |
| may be punished
accordingly.
| 6 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 7 |
| (425 ILCS 35/Act rep.)
| 8 |
| Section 90-15. The Fireworks Use Act is repealed.
| 9 |
| ARTICLE 99. EFFECTIVE DATE
| 10 |
| Section 99-5. Effective date. This Act takes effect upon | 11 |
| becoming law.".
|
|