Full Text of HB6252 96th General Assembly
HB6252ham002 96TH GENERAL ASSEMBLY
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Rep. Anthony DeLuca
Filed: 3/22/2010
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LRB096 20614 ASK 39471 a |
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| AMENDMENT TO HOUSE BILL 6252
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| AMENDMENT NO. ______. Amend House Bill 6252, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Fireworks Use Act is amended by adding | 6 |
| Sections 1 and 6 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 following | 9 |
| words shall have the following meanings: | 10 |
| "Advertiser" means a fireworks company purchasing an | 11 |
| advertisement on an advertising medium. | 12 |
| "Advertising mediums" means billboards, radio, television, | 13 |
| and print advertising. | 14 |
| "1.3G fireworks" means those fireworks used for | 15 |
| professional outdoor displays and classified as fireworks | 16 |
| UN0333, UN0334, or UN0335 by the United States Department of |
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LRB096 20614 ASK 39471 a |
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| Transportation under 49 C.F.R. 172.101. | 2 |
| "Consumer distributor" means any person who distributes, | 3 |
| offers for sale, sells, or exchanges for consideration consumer | 4 |
| fireworks in Illinois to another distributor or directly to any | 5 |
| retailer or person for resale. | 6 |
| "Consumer fireworks" means those fireworks that must | 7 |
| comply with the construction, chemical composition, and | 8 |
| labeling regulations of the U.S. Consumer Products Safety | 9 |
| Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and | 10 |
| classified as fireworks UN0336 or UN0337 by the United States | 11 |
| Department of Transportation under 49 C.F.R. 172.101. | 12 |
| "Consumer fireworks"
shall not include snake or glow worm | 13 |
| pellets; smoke devices; trick noisemakers
known as "party | 14 |
| poppers", "booby traps", "snappers", "trick matches", | 15 |
| "cigarette
loads", and "auto burglar alarms"; sparklers; toy | 16 |
| pistols, toy
canes, toy guns, or other devices in
which paper | 17 |
| or plastic caps containing twenty-five hundredths grains or
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| less of explosive compound are used, provided they are so | 19 |
| constructed that
the hand cannot come in contact with the cap | 20 |
| when in place for the
explosion; and toy pistol paper or | 21 |
| plastic caps that contain less than
twenty hundredths grains of | 22 |
| explosive mixture; the sale and use of which
shall be permitted | 23 |
| at all times. | 24 |
| "Consumer fireworks display" or "consumer display" means | 25 |
| the detonation, ignition, or deflagration of consumer | 26 |
| fireworks to produce a visual or audible effect. |
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| "Consumer operator" means an adult individual who is | 2 |
| responsible for the safety, setup, and discharge of the | 3 |
| consumer fireworks display and who has completed the training | 4 |
| required in Section 2.2 of this Act. | 5 |
| "Consumer retailer" means any person who offers for sale, | 6 |
| sells, or exchanges for consideration consumer fireworks in | 7 |
| Illinois directly to any person with a consumer display permit. | 8 |
| "Display fireworks" means 1.3G or special effects | 9 |
| fireworks or as further defined in the Pyrotechnic Distributor | 10 |
| and Operator Licensing Act. | 11 |
| "Flame effect" means the detonation, ignition, or | 12 |
| deflagration of flammable gases, liquids, or special materials | 13 |
| to produce a thermal, physical, visual, or audible effect | 14 |
| before the public, invitees, or licensees, regardless of | 15 |
| whether admission is charged, in accordance with National Fire | 16 |
| Protection Association 160 guidelines, and as may be further | 17 |
| defined in the Pyrotechnic Distributor and Operator Licensing | 18 |
| Act. | 19 |
| "Lead pyrotechnic operator" means an individual who is | 20 |
| responsible for the safety, setup, and discharge of the | 21 |
| pyrotechnic display or pyrotechnic service and who is licensed | 22 |
| pursuant to the Pyrotechnic Distributor and Operator Licensing | 23 |
| Act. | 24 |
| "Person" means an individual, firm, corporation, | 25 |
| association, partnership, company, consortium, joint venture, | 26 |
| commercial entity, state, municipality, or political |
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| subdivision of a state or any agency, department, or | 2 |
| instrumentality of the United States and any officer, agent, or | 3 |
| employee of these entities.
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| "Production company" means any person in the film, digital | 5 |
| and video media, television, commercial, and theatrical stage | 6 |
| industry who provides pyrotechnic services or pyrotechnic | 7 |
| display services as part of a film, digital and video media, | 8 |
| television, commercial, or theatrical production in the State | 9 |
| of Illinois and is licensed by the Office pursuant to the | 10 |
| Pyrotechnic Distributor and Operator Licensing Act. | 11 |
| "Pyrotechnic display" means the detonation, ignition, or | 12 |
| deflagration of display fireworks or flame effects to produce | 13 |
| visual or audible effects of a exhibitional nature before the | 14 |
| public, invitees, or licensees, regardless of whether | 15 |
| admission is charged, and as may be further defined in the | 16 |
| Pyrotechnic Distributor and Operator Licensing Act. | 17 |
| "Pyrotechnic distributor" means any person who distributes | 18 |
| display fireworks for sale in the State of Illinois or provides | 19 |
| them as part of a pyrotechnic display service in the State of | 20 |
| Illinois or provides only pyrotechnic services and is licensed | 21 |
| by the Office pursuant to the Pyrotechnic Distributor and | 22 |
| Operator Licensing Act. | 23 |
| "Pyrotechnic service" means the detonation, ignition or | 24 |
| deflagration of display fireworks, special effects or flame | 25 |
| effects to produce a visual or audible effect. | 26 |
| "Special effects fireworks" means pyrotechnic devices used |
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| for special effects by professionals in the performing arts in | 2 |
| 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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| 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. 95-331, eff. 8-21-07; 96-708, eff. 8-25-09.)
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| (425 ILCS 35/6 new) | 11 |
| Sec. 6. Advertising of fireworks. | 12 |
| (a) After January 1, 2011, all commercial advertising | 13 |
| mediums for consumer fireworks shall bear the following | 14 |
| statement: | 15 |
| WARNING: Illinois Law Prohibits the Possession of | 16 |
| Certain Fireworks Without a Proper Permit. Check with Local | 17 |
| Fire Department/Law Enforcement Prior to Purchase. | 18 |
| (b) Such warning on billboards shall appear in the format | 19 |
| and type style prescribed under 15 U.S.C. 1333 (b)(3), as | 20 |
| amended. | 21 |
| (c) Such warning in print shall appear in the format and | 22 |
| type style prescribed under Section 201 of the federal Family | 23 |
| Smoking Prevention and Tobacco Control Act (Public Law 111-31), | 24 |
| as amended. | 25 |
| (d) Such warning in broadcast shall be verbal, clear, and |
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| concise. | 2 |
| (e) Any advertiser whose advertisement does not conform to | 3 |
| the provisions of this Section shall be subject to a fine not | 4 |
| to exceed $1,000 per day. | 5 |
| (f) The State's Attorney of the county in which a violation | 6 |
| occurs or the Attorney General may bring an action for the | 7 |
| enforcement of this Section and the rules adopted and orders | 8 |
| issued under this Section, in the name of the People of the | 9 |
| State of Illinois, and may, in addition to other remedies | 10 |
| provided in
this Act, bring an action for a temporary | 11 |
| restraining order, preliminary injunction, or an
injunction to | 12 |
| restrain any actual or threatened violation or to
impose or | 13 |
| collect a civil penalty for any violation. ".
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