Full Text of HB5396 95th General Assembly
HB5396 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5396
Introduced , by Rep. Michael J. Madigan - Barbara Flynn Currie - Thomas Holbrook SYNOPSIS AS INTRODUCED: |
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425 ILCS 35/1 |
from Ch. 127 1/2, par. 127 |
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Amends the Fireworks Use Act. Makes a technical change in a Section
concerning
definitions.
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A BILL FOR
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HB5396 |
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LRB095 19449 DRJ 45744 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Fireworks Use Act is amended by changing | 5 |
| Section 1 as follows:
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| (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
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| 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 |
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HB5396 |
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LRB095 19449 DRJ 45744 b |
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| 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
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| 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 |
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LRB095 19449 DRJ 45744 b |
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| 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 and who is licensed pursuant to the | 10 |
| Pyrotechnic Distributor and Operator Licensing Act. | 11 |
| "Person" means an individual, firm, corporation, | 12 |
| association, partnership, company, consortium, joint venture, | 13 |
| or commercial entity.
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| "Pyrotechnic display" means the detonation, ignition, or | 15 |
| deflagration of display fireworks or flame effects to produce | 16 |
| visual or audible effects of a exhibitional nature before the | 17 |
| public, invitees, or licensees, regardless of whether | 18 |
| admission is charged, and as may be further defined in the | 19 |
| Pyrotechnic Distributor and Operator Licensing Act. | 20 |
| "Special effects fireworks" means pyrotechnic devices used | 21 |
| for special effects by professionals in the performing arts in | 22 |
| conjunction with theatrical, musical, or other productions
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| that are similar to consumer fireworks in chemical compositions
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| and construction, but are not intended for consumer use and are
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| not labeled as such or identified as "intended for indoor use".
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| "Special effects fireworks" are classified as fireworks UN0431
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LRB095 19449 DRJ 45744 b |
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| or UN0432 by the United States Department of Transportation
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| under 49 C.F.R. 172.101.
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| (Source: P.A. 94-658, eff. 1-1-06; 95-331, eff. 8-21-07.)
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