HB5126 93RD GENERAL ASSEMBLY

LRB093 19818 RXD 45561 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5126

Introduced 02/05/04, by Marlow H. Colvin

SYNOPSIS AS INTRODUCED:

425 ILCS 30/2	from Ch. 127 1/2, par. 102
425 ILCS 35/1	from Ch. 127 1/2, par. 127

Amends the Fireworks Regulation Act of Illinois and the Fireworks Use Act. Provides that for purposes of each Act, the term "fireworks" does not include hand-held or ground-based sparklers of not more than 100 grams of pyrotechnic mixture per item (instead of simply "sparklers"). Permits the storage and possession (in addition to the sale and use) of items that are not "fireworks". Effective immediately.

A BILL FOR

AN ACT concerning fireworks regulation.

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

Section 5. The Fireworks Regulation Act of Illinois is amended by changing Section 2 as follows:

(425 ILCS 30/2) (from Ch. 127 1/2, par. 102)

Sec. 2. The following words and phrases, when used in this Act, shall for the purpose of this Act have the following definition and meaning:

(a) The term fireworks shall mean and include any explosive composition or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration or detonation, and shall include blank cartridges, toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, sky rockets, Roman candles, bombs or other fireworks of like construction and any fireworks containing any explosive compound; or any tablets or other device containing any explosive substance, or containing combustible substances producing visual effects. The term "fireworks" shall not include snake or glow worm pellets; smoke devices; hand-held or ground-based sparklers of not more than 100 grams of pyrotechnic mixture per item sparklers; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads" and "auto burglar alarms"; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps which contain less than twenty-five hundredths grains of explosive mixture; the storage, possession, sale, and use of which shall be permitted at all times.

(b) The term "fireworks plant" shall mean and include all lands, with buildings thereon, used in connection with the manufacture or processing of fireworks, as well as storehouses located thereon for the storage of finished fireworks.

(c) The term "fireworks factory building" shall mean any building or other structure in which the manufacture of fireworks, or in which any processing involving fireworks is carried on.

(d) The term "magazine" shall mean any building or other structure used for the storage of explosive raw materials used in the manufacture of fireworks.

(e) The term "Office" shall mean the Office of the State Fire Marshal.

(Source: P.A. 83-474.)

Section 10. The Fireworks Use Act is amended by changing Section 1 as follows:

(425 ILCS 35/1) (from Ch. 127 1/2, par. 127)

Sec. 1. The term fireworks shall mean and include any explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration or detonation, and shall include blank cartridges, toy cannons, in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, bombs, or other fireworks of like construction and any fireworks containing any explosive compound, or any tablets or other device containing any explosive substance, or containing combustible substances producing visual effects: provided, however, that the term "fireworks" shall not include snake or glow worm pellets; smoke devices; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads" and "auto burglar alarms"; hand-held or ground-based sparklers of not more than 100 grams of pyrotechnic mixture per item sparklers; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps which contain less than twenty hundredths grains of explosive mixture; the storage, possession, sale, and use of which shall be permitted at all times.

(Source: P.A. 83-474.)

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