Full Text of SB2299 93rd General Assembly
SB2299ham001 93RD GENERAL ASSEMBLY
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Registration and Regulation Committee
Adopted in House Comm. on May 19, 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: | 4 |
| "Section 5. The Illinois Explosives Act is amended by | 5 |
| 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, | 9 |
| association,
partnership, or other legal entity.
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| (b) "Explosive materials" means explosives, blasting | 11 |
| agents, and detonators.
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| (c) "Explosive" means any chemical compound, mixture or | 13 |
| device, the
primary or common purpose of which is to function | 14 |
| by explosion and includes
high or low explosives.
Manufactured | 15 |
| articles, including, but not limited
to, display fireworks as | 16 |
| defined in the Pyrotechnic Distributor and Operator Licensing | 17 |
| Act, fixed ammunition for small arms, fire crackers, safety | 18 |
| fuses, and
matches are not explosives when the individual units | 19 |
| contain explosives
in such limited quantity and of such nature | 20 |
| or in such packing that it is
impossible to produce a | 21 |
| simultaneous or a destructive explosion of such
units which | 22 |
| would be injurious to life, limb or property.
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| (d) "Blasting agent" means any material or mixture | 24 |
| consisting of a fuel
and oxidizer intended for blasting, not |
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| otherwise defined as an explosive,
provided that the finished | 2 |
| product, as mixed and packaged for use or
shipment, cannot be | 3 |
| detonated by means of a No. 8 blasting cap, as defined
by the | 4 |
| Bureau of Alcohol, Tobacco and Firearms, U.S. Department of
| 5 |
| Treasury, when unconfined.
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| (e) "Detonator" means any device containing any initiating | 7 |
| or primary
explosive that is used for initiating detonation. A | 8 |
| detonator may not
contain more than 10 grams of total | 9 |
| explosives by weight, excluding
ignition or delay charges.
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| (f) "Highway" means any public street, public highway, or | 11 |
| public alley.
| 12 |
| (g) "Railroad" or "railway" means any public steam, | 13 |
| electric or other
railroad or rail system which carries | 14 |
| passengers for hire, but shall not
include auxiliary tracks, | 15 |
| spurs and sidings installed and primarily used in
serving any | 16 |
| mine, quarry or plant.
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| (h) "Building" means and includes any building regularly | 18 |
| occupied, in
whole or in part, as a habitation for human | 19 |
| beings, and any church,
schoolhouse, railway station or other | 20 |
| building where people are accustomed to
assemble, but does not | 21 |
| mean or include any buildings of a mine or quarry
or any of the | 22 |
| buildings of a manufacturing plant where the business of
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| manufacturing explosive materials is conducted.
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| (i) "Factory building" means any building or other | 25 |
| structure in which the
manufacture or any part of the | 26 |
| manufacture of explosive materials is conducted.
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| (j) "Magazine" means any building or other structure or | 28 |
| container, other
than a factory building, used to store | 29 |
| explosive materials. Where mobile
or portable type 5 magazines | 30 |
| are permissible and used, "magazine", for the
purpose of | 31 |
| obtaining certificates and calculating fees, means the site on
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| which such magazines are located.
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| (k) "Magazine keeper" means a qualified supervisory person | 34 |
| responsible
for the inventory and safe storage of explosive |
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| materials, including the
proper maintenance of explosive | 2 |
| materials, storage magazines and
surrounding areas.
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| (l) "Black powder" means a deflagrating or low explosive | 4 |
| compound of an
intimate mixture of sulfur, charcoal and an | 5 |
| alkali nitrate, usually
potassium or sodium nitrate.
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| (m) "Municipality" includes cities, villages, and | 7 |
| incorporated towns
and townships.
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| (n) "Fugitive from justice" means any individual who has | 9 |
| fled from the
jurisdiction of any court of record to avoid | 10 |
| prosecution for any crime or
to avoid giving testimony in any | 11 |
| criminal proceeding. This term shall also
include any | 12 |
| 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 | 15 |
| Resources.
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| (p) "Small arms" means guns of 50 calibers or less.
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| (q) "Director" means the Director of Natural Resources.
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| (r) "Storage certificate" means the certificate issued by | 19 |
| the Department
under Article 3 of this Act that authorizes the | 20 |
| holder to store explosive
materials in the magazine for which | 21 |
| the certificate is issued.
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| (s) "License" means that license issued by the Department | 23 |
| under Article
2 of this Act authorizing the holder to possess, | 24 |
| use, purchase, transfer or
dispose of, but not to store, | 25 |
| explosive materials.
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| (Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)
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| (225 ILCS 210/2001) (from Ch. 96 1/2, par. 1-2001)
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| Sec. 2001. No person shall possess, use, purchase or | 29 |
| transfer explosive
materials unless licensed by the Department | 30 |
| except as otherwise provided
by this Act and the Pyrotechnic | 31 |
| Distributor and
Operator Licensing Act.
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| (Source: P.A. 93-263, eff. 7-22-03.)
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| Section 10. The Pyrotechnic Operator Licensing Act is | 2 |
| amended by changing Sections 1, 5, 10, 30, 35, 50, 65, 75, and | 3 |
| 90 and adding Section 57 as follows:
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| (225 ILCS 227/1)
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| Sec. 1. Short title. This Act may be cited as the | 6 |
| Pyrotechnic
Distributor and
Operator Licensing Act.
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| (Source: P.A. 93-263, eff. 7-22-03.)
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| (225 ILCS 227/5)
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| Sec. 5. Definitions. In this Act:
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| "Display fireworks" means
any substance or article defined | 11 |
| as a Division
1.3G or 1.4
explosive by the United States | 12 |
| Department of Transportation under
49 CFR 173.50, except a | 13 |
| substance or article exempted under the Fireworks Use
Act.
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| "Fireworks" has the meaning given to that term in the | 15 |
| Fireworks Use Act.
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| "Lead pyrotechnic operator" means the individual with | 17 |
| overall
responsibility
for the safety, setup, discharge, and | 18 |
| supervision of a pyrotechnic display.
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| "Office" means Office of the State Fire Marshal.
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| "Person" means an individual, firm, corporation, | 21 |
| association,
partnership,
company, consortium, joint venture, | 22 |
| commercial entity, state,
municipality, or
political | 23 |
| subdivision of a state or any agency, department, or
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| instrumentality of the
United States and any officer, agent, or | 25 |
| employee of these entities.
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| "Pyrotechnic display" or "display" means the detonation, | 27 |
| ignition, or
deflagration of display fireworks to produce a | 28 |
| visual or audible effect of an
exhibitional nature before the | 29 |
| public, invitees, or licensees, regardless of
whether | 30 |
| admission is charged. | 31 |
| "Pyrotechnic distributor" means any person, company, | 32 |
| association, group of persons, or corporation who distributes |
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| display fireworks for sale in the State of Illinois or provides | 2 |
| them as part of a pyrotechnic display service in the State of | 3 |
| Illinois.
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| (Source: P.A. 93-263, eff. 7-22-03.)
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| (225 ILCS 227/10)
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| Sec. 10. License; enforcement. No person may act as a | 7 |
| pyrotechnic distributor or
lead pyrotechnic
operator, or | 8 |
| advertise or use any title implying that the person is a | 9 |
| pyrotechnic distributor or
lead
pyrotechnic operator, unless | 10 |
| licensed by the Office under this Act. An
out-of-state person | 11 |
| hired for or engaged in a pyrotechnic display must have a
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| pyrotechnic distributor license issued by the Office and a
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| person licensed under this Act as a lead pyrotechnic operator | 14 |
| supervising the
display. The State Fire Marshal, in the name of | 15 |
| the People, through the
Attorney General, the State's Attorney | 16 |
| of any county, any resident of the
State, or any legal entity | 17 |
| within the State may apply for injunctive relief in
any court | 18 |
| to enjoin any person who has not been issued a license or whose
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| license has been suspended, revoked, or not renewed, from | 20 |
| practicing a licensed
activity. Upon filing a verified
petition | 21 |
| in court, the court, if satisfied by affidavit, or otherwise, | 22 |
| that the
person is or has been practicing in violation of this | 23 |
| Act, may enter a
temporary restraining order or preliminary | 24 |
| injunction, without bond, enjoining
the defendant from further | 25 |
| unlicensed activity. A copy of the verified
complaint shall be | 26 |
| served upon the defendant and the proceedings are to be
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| conducted as in other civil cases. The court may enter a | 28 |
| judgment permanently
enjoining a defendant from further | 29 |
| unlicensed activity if it is established
that the defendant has | 30 |
| been or is practicing in violation of this Act. In case
of | 31 |
| violation of any injunctive order or judgment entered under | 32 |
| this Section,
the court may summarily try and punish the | 33 |
| offender for contempt of court.
Injunctive proceedings are in |
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| addition to all penalties and other remedies in
this Act.
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| (Source: P.A. 93-263, eff. 7-22-03.)
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| (225 ILCS 227/30)
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| Sec. 30. Rules. The State Fire Marshal shall adopt all | 5 |
| rules necessary to
carry out its responsibilities under this | 6 |
| Act including rules concerning pyrotechnic distributors and
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| rules requiring the
training, examination, and licensing of | 8 |
| lead pyrotechnic operators engaging in
or responsible for the | 9 |
| handling and use of
Division 1.3G (Class B) and 1.4
(Class C) | 10 |
| explosives. The pyrotechnic distributor's training program
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| test shall incorporate the rules of the State Fire
Marshal, | 12 |
| which shall be based upon nationally recognized standards such | 13 |
| as
those of the National Fire Protection Association (NFPA) | 14 |
| 1123 guidelines for
outdoor displays and NFPA 1126 for indoor | 15 |
| displays. The Fire Marshal shall
adopt rules as required for | 16 |
| the licensing of all pyrotechnic distributors and
a lead | 17 |
| pyrotechnic operators
operator
involved in an outdoor or indoor | 18 |
| pyrotechnic display.
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| (Source: P.A. 93-263, eff. 7-22-03.)
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| (225 ILCS 227/35)
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| Sec. 35. Licensure requirements and fees.
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| (a) Each application for a license to practice under this | 23 |
| Act shall be in
writing and signed by the applicant on forms | 24 |
| provided by the Office. The Office
shall have the testing | 25 |
| procedures for licensing
as a lead pyrotechnic operator
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| developed by October 1, 2004.
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| (b) After April 1, 2005, all pyrotechnic displays, both | 28 |
| indoor and
outdoor, must comply with the requirements set forth | 29 |
| in this Act.
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| (c) After April 1, 2005, no person
individual may engage in | 31 |
| pyrotechnic distribution without first applying for and | 32 |
| obtaining a license from the Office. Applicants for a license |
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| must submit to the Office the following: | 2 |
| (1) A current BATFE license for distribution of display | 3 |
| fireworks. | 4 |
| (2) Proof of $1,000,000 in product liability | 5 |
| insurance. | 6 |
| (3) Proof of $1,000,000 in general liability | 7 |
| insurance. | 8 |
| (4) Proof of Illinois Worker's Compensation Insurance. | 9 |
| (5) A license fee of $5,000 for the issuance of a | 10 |
| pyrotechnic distributor's license. | 11 |
| (6) Proof of a current United States Department of | 12 |
| Transportation (DOT) Identification Number. | 13 |
| (7) Proof of a current USDOT Hazardous Materials | 14 |
| Registration Number. | 15 |
| (c-5) After April 1, 2005, no individual may act as a lead | 16 |
| operator in a
pyrotechnic display without first applying for | 17 |
| and obtaining a lead pyrotechnic
operator's
license from the | 18 |
| Office. The Office shall establish separate licenses for
lead | 19 |
| pyrotechnic
operators for indoor and outdoor pyrotechnic | 20 |
| displays. Applicants for a
license must:
| 21 |
| (1) Pay the fees set by the Office.
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| (2) Have the requisite training or continuing | 23 |
| education as
established
in the Office's rules.
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| (3) Pass the examination presented by the Office.
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| (d) A person is qualified to receive a license under this | 26 |
| Act if
the person
meets all of the following minimum | 27 |
| requirements:
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| (1) Is at least 21 years of age.
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| (2) Has not willfully violated any provisions of this | 30 |
| Act.
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| (3) Has not made any material misstatement or knowingly | 32 |
| withheld
information in connection with any original or | 33 |
| renewal application.
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| (4) Has not been declared incompetent by any competent |
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| court by
reasons of mental or physical defect or disease | 2 |
| unless a court has since
declared
the person competent.
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| (5) Does not have an addiction to or dependency on | 4 |
| alcohol or drugs that
is likely to endanger the public at a | 5 |
| pyrotechnic display.
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| (6) Has not been convicted in any jurisdiction of any | 7 |
| felony within the
prior 5 years.
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| (7) Is not a fugitive from justice.
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| (e) A person is qualified to assist a lead operator if the | 10 |
| person meets
all of the
following minimum requirements:
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| (1) Is at least 18 years of age.
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| (2) Has not willfully violated any provision of this | 13 |
| Act.
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| (3) Has not been declared incompetent by any competent | 15 |
| court by reasons
of mental or physical defect or disease | 16 |
| unless a court has since declared the
person
competent.
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| (4) Does not have an addiction to or dependency on | 18 |
| alcohol or drugs that
is likely to endanger the public at a | 19 |
| pyrotechnic display.
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| (5) Has not been convicted in any jurisdiction of any | 21 |
| felony within the
prior 5 years.
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| (6) Is not a fugitive from justice.
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| (Source: P.A. 93-263, eff. 7-22-03.)
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| (225 ILCS 227/50)
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| Sec. 50. Issuance of license; renewal; fees nonrefundable.
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| (a) The Office, upon the applicant's satisfactory | 27 |
| completion of
the
requirements imposed under this Act and upon | 28 |
| receipt of the requisite
fees, shall
issue the appropriate | 29 |
| license showing the name, address, and photograph of
the
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| licensee and the dates of issuance and expiration. The license | 31 |
| shall include the name of the pyrotechnic distributor employing | 32 |
| the lead pyrotechnic operator. A lead pyrotechnic operator is | 33 |
| required to have a separate license for each pyrotechnic |
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| distributor who employs the lead pyrotechnic operator.
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| (b) Each licensee may apply for renewal of his or her | 3 |
| license upon
payment of the applicable
fees. The expiration | 4 |
| date and renewal period for each
license
issued under this Act | 5 |
| shall be set by rule. Failure to renew within 60 days of
the | 6 |
| expiration date
results in lapse of the license. A lapsed | 7 |
| license may not be reinstated until a
written
application is | 8 |
| filed, the renewal fee is paid, and the reinstatement fee
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| established by the
Office is paid. Renewal and reinstatement | 10 |
| fees shall be waived for persons
who did not
renew while on | 11 |
| active duty in the military and who file for renewal or
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| restoration
within one year after discharge from the service. A | 13 |
| lapsed license may not
be
reinstated after 5 years have elapsed | 14 |
| except upon passing an examination to
determine
fitness to have | 15 |
| the license restored and by paying the required fees.
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| (c) All fees paid under this Act are nonrefundable.
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| (Source: P.A. 93-263, eff. 7-22-03.)
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| (225 ILCS 227/57 new)
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| Sec. 57. Training; additional lead pyrotechnic operators. | 20 |
| No pyrotechnic distributor shall allow any person in the | 21 |
| pyrotechnic distributor's employ to act as a lead pyrotechnic | 22 |
| operator until the person has obtained a lead pyrotechnic | 23 |
| operator's license from the Office.
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| (225 ILCS 227/65)
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| Sec. 65. Grounds for discipline. Licensees subject to this | 26 |
| Act shall conduct
their practice in accordance with this Act | 27 |
| and the rules promulgated under this
Act. A licensee is subject | 28 |
| to disciplinary sanctions enumerated in this Act if
the State | 29 |
| Fire Marshal finds that the licensee is guilty of any of the
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| following:
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| (1) Fraud or material deception in obtaining or | 32 |
| renewing a license.
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| (2) Engaging in dishonorable, unethical, or | 2 |
| unprofessional
conduct of a character likely to deceive, | 3 |
| defraud, or harm the public in
the course of professional | 4 |
| services or activities.
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| (3) Conviction of any crime that has a substantial | 6 |
| relationship to his or
her practice or an essential element | 7 |
| of which is misstatement, fraud,
dishonesty, or conviction | 8 |
| in this or another state of any crime that is a
felony | 9 |
| under the laws of Illinois or conviction of a felony in a | 10 |
| federal court,
unless the licensee demonstrates that he or | 11 |
| she has been sufficiently
rehabilitated to warrant the | 12 |
| public trust.
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| (4) Performing any service in a grossly negligent | 14 |
| manner or permitting
any lead pyrotechnic operator
| 15 |
| licensed employee to perform a service in a grossly | 16 |
| negligent manner,
regardless of whether actual damage or | 17 |
| damage to the public is established.
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| (5) Addiction to or dependency on alcohol or drugs or | 19 |
| use of alcohol or
drugs that is likely to endanger the | 20 |
| public at a pyrotechnic display.
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| (6) Willfully receiving direct or indirect | 22 |
| compensation
for any professional service not actually | 23 |
| rendered.
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| (7) Having disciplinary action taken against his or her | 25 |
| license in
another state.
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| (8) Making differential treatment against any person | 27 |
| to his or her
detriment because of race, color, creed, sex, | 28 |
| religion, or national origin.
| 29 |
| (9) Engaging in unprofessional conduct.
| 30 |
| (10) Engaging in false or misleading advertising.
| 31 |
| (11) Contracting or assisting an unlicensed person to | 32 |
| perform
services for which a license is required under this | 33 |
| Act.
| 34 |
| (12) Permitting the use of his or her license to enable |
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| an unlicensed
person or agency to operate as a licensee.
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| (13) Performing and charging for a service without | 3 |
| having the
authorization to do so from the member of the | 4 |
| public being served.
| 5 |
| (14) Failure to comply with any provision of this Act | 6 |
| or the rules
promulgated under this Act.
| 7 |
| (15) Conducting business regulated by this Act without | 8 |
| a currently valid
license in those circumstances where a | 9 |
| license is required .
| 10 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 11 |
| (225 ILCS 227/75)
| 12 |
| Sec. 75. Formal charges; hearing.
| 13 |
| (a) The Office may file formal charges against a licensee. | 14 |
| The formal
charges, at a minimum, shall inform the licensee of | 15 |
| the specific facts that are
the basis of the charge to enable | 16 |
| the licensee to defend himself or herself.
| 17 |
| (b) Each licensee whose conduct is the subject of a formal | 18 |
| charge that seeks
to impose disciplinary action against the | 19 |
| licensee shall be served notice of
the formal charge at least | 20 |
| 30 days before the date of the hearing. The hearing
shall be | 21 |
| presided over by the Office or a hearing officer authorized by | 22 |
| the
Office in compliance with the Illinois Administrative | 23 |
| Procedure Act. Service
shall be considered to have been given | 24 |
| if the notice was personally received by
the licensee or if the | 25 |
| notice was mailed
certified, return requested, to the licensee
| 26 |
| at
the licensee's last
known address as listed with the Office.
| 27 |
| (c) The notice of a formal charge shall consist, at a | 28 |
| minimum, of the
following information:
| 29 |
| (1) The time and date of the hearing.
| 30 |
| (2) A statement that the licensee may appear personally | 31 |
| at the
hearing and may be represented by counsel.
| 32 |
| (3) A statement that the licensee has the right to | 33 |
| produce witnesses
and evidence in his or her behalf and the |
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| right to cross-examine witnesses and
evidence produced | 2 |
| against him or her.
| 3 |
| (4) A statement that the hearing can result in | 4 |
| disciplinary action
being taken against the
his or her
| 5 |
| license.
| 6 |
| (5) A statement that rules for the conduct of these | 7 |
| hearings exist and
that it may be in the licensee's
his or | 8 |
| her best interest to obtain a copy.
| 9 |
| (6) A statement that the hearing officer authorized by | 10 |
| the Office shall
preside at the hearing and, following the | 11 |
| conclusion of the hearing, make
findings of fact, | 12 |
| conclusions of law, and recommendations, separately
| 13 |
| stated, to the Office as to what disciplinary action, if | 14 |
| any, should be imposed
on the licensee.
| 15 |
| (7) A statement that the Office may continue the | 16 |
| hearing.
| 17 |
| (d) The Office or the hearing officer authorized by the | 18 |
| Office shall
hear evidence produced in support of the formal | 19 |
| charges and contrary evidence
produced by the licensee, if any. | 20 |
| If the hearing is conducted by a hearing
officer, at the
| 21 |
| conclusion of the hearing, the hearing officer shall make | 22 |
| findings of fact,
conclusions of law, and recommendations, | 23 |
| separately stated, and submit them to
the Office and to all | 24 |
| parties to the proceeding. Submission to the licensee
shall be | 25 |
| considered as having been made if done in a similar fashion as | 26 |
| service
of the notice of formal charges. Within 20 days after | 27 |
| the service, any party to
the proceeding may present to the | 28 |
| Office a motion, in writing, for a rehearing.
The written | 29 |
| motion shall specify the particular grounds for the rehearing.
| 30 |
| (e) The Office, following the time allowed for filing a | 31 |
| motion for
rehearing, shall review the hearing officer's | 32 |
| findings of fact, conclusions of
law,
recommendations, and any | 33 |
| motions filed subsequent to the hearing. After review
of the | 34 |
| information the Office may hear oral arguments and thereafter |
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| issue an
order. The report of findings of fact, conclusions of | 2 |
| law, and recommendations
of the hearing officer shall be the | 3 |
| basis for the Office's order. If the Office
finds that | 4 |
| substantial justice was not done, it may issue an order in
| 5 |
| contravention of the hearing officer's findings.
| 6 |
| (f) All proceedings under this Section are matters of | 7 |
| public record and a
record of the proceedings shall be | 8 |
| preserved.
| 9 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 10 |
| (225 ILCS 227/90)
| 11 |
| Sec. 90. Penalties. Any natural person who violates any of | 12 |
| the
following
provisions is guilty of a Class A misdemeanor for | 13 |
| the first offense and a
corporation
or other entity that | 14 |
| violates any of the following provision commits a business
| 15 |
| offense
punishable by a fine not to exceed $5,000; a second or | 16 |
| subsequent offense in
violation of
any Section of this Act, | 17 |
| including this Section, is a Class 4 felony if
committed by a
| 18 |
| natural person, or a business offense punishable by a fine of | 19 |
| up to
$10,000 if
committed by a corporation or other business | 20 |
| entity:
| 21 |
| (1) Practicing or attempting to practice as a | 22 |
| pyrotechnic distributor or
lead pyrotechnic
operator
| 23 |
| without a license;
| 24 |
| (2) Obtaining or attempting to obtain a license, | 25 |
| practice or
business, or
any other thing of value by | 26 |
| fraudulent representation;
| 27 |
| (3) Permitting, directing, or authorizing any person | 28 |
| in one's
employ
or under one's direction or supervision to | 29 |
| work or serve as a
licensee if that
individual does not | 30 |
| possess an appropriate valid license.
| 31 |
| Whenever any person is punished as a repeat offender under | 32 |
| this
Section, the
Office may proceed to obtain a permanent | 33 |
| injunction against the person under
Section
10. If any person |
|
|
|
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LRB093 19660 AMC 51041 a |
|
| 1 |
| in making any oath or affidavit required by this Act swears
| 2 |
| falsely,
the person is guilty of perjury and upon conviction | 3 |
| may be punished
accordingly.
| 4 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 5 |
| Section 15. The Fireworks Use Act is amended by changing | 6 |
| Section 2 as follows:
| 7 |
| (425 ILCS 35/2) (from Ch. 127 1/2, par. 128)
| 8 |
| Sec. 2. Except as hereinafter provided it shall be unlawful | 9 |
| for any
person, firm, co-partnership, or corporation to | 10 |
| knowingly possess, offer
for sale, expose
for sale, sell at | 11 |
| retail, or use or explode any fireworks; provided that
city | 12 |
| councils in cities, the president and board of trustees in | 13 |
| villages
and incorporated towns, and outside the corporate | 14 |
| limits of cities,
villages and incorporated towns, the county | 15 |
| board, shall have power to
adopt reasonable rules and | 16 |
| regulations for the granting of permits for
supervised public | 17 |
| displays of fireworks. Every such display shall be
handled by a | 18 |
| competent individual who is licensed as a lead pyrotechnic
| 19 |
| operator. Application for permits shall be made in writing at
| 20 |
| least 15 days in advance of the date of the display and action
| 21 |
| shall be taken on such application within 48 hours after
such | 22 |
| application is made. After such privilege shall have been | 23 |
| granted,
sales, possession, use and distribution of fireworks | 24 |
| for such display
shall be lawful for that purpose only. No | 25 |
| permit granted hereunder shall
be transferable.
| 26 |
| Permits may be granted hereunder to any groups of 3 or more
| 27 |
| adult individuals applying therefor. No permit shall be | 28 |
| required, under
the provisions of this Act, for supervised | 29 |
| public displays by State or
County fair associations.
| 30 |
| The governing body shall require proof of insurance from | 31 |
| the
permit applicant in a sum not
less than $1,000,000 | 32 |
| conditioned on compliance with the
provisions of this law
and |
|
|
|
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LRB093 19660 AMC 51041 a |
|
| 1 |
| the regulations of the State Fire Marshal adopted hereunder, | 2 |
| except
that no municipality shall be required to provide | 3 |
| evidence of insurance.
| 4 |
| Such permit shall be issued only after inspection of the | 5 |
| display site by
the issuing officer, to determine that such | 6 |
| display
shall be in full compliance with the rules of the State | 7 |
| Fire Marshal, which
shall be based upon nationally recognized | 8 |
| standards such as those of the
National Fire Protection | 9 |
| Association (NFPA) 1123 guidelines for outdoor
displays and | 10 |
| NFPA 1126 guidelines for indoor displays and shall not be
| 11 |
| hazardous
to property or endanger any person or persons.
| 12 |
| Nothing in this Section shall prohibit the issuer of the permit | 13 |
| from
adopting more stringent rules.
| 14 |
| All indoor pyrotechnic displays shall be conducted in | 15 |
| buildings fully protected by
automatic sprinkler systems.
| 16 |
| The chief of the fire department providing fire
protection | 17 |
| coverage to the area of display, or his or her designee, shall | 18 |
| sign
the permit.
| 19 |
| Possession by any party holding a certificate of | 20 |
| registration under "The
Fireworks Regulation Act of Illinois", | 21 |
| filed July 20, 1935, or by any employee
or agent of such party | 22 |
| or by any person transporting fireworks for such
party, shall | 23 |
| not be a violation, provided such possession is within the
| 24 |
| scope of business of the fireworks plant registered under that | 25 |
| Act.
| 26 |
| (Source: P.A. 93-263, eff. 7-22-03.)
| 27 |
| Section 99. Effective date. This Act takes effect upon | 28 |
| becoming law.".
|
|