Full Text of SB1965 97th General Assembly
SB1965 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1965 Introduced 2/10/2011, by Sen. Edward D. Maloney SYNOPSIS AS INTRODUCED: |
| 425 ILCS 35/1 | from Ch. 127 1/2, par. 127 | 425 ILCS 35/6 new | |
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Amends the Fireworks Use Act. Provides that, after January 1, 2012, all commercial advertising for consumer fireworks must bear a specified warning. Requires warnings in various media to meet specific requirements. Provides a $1,000 per-day fine for violations. Authorizes the Attorney General to seek injunctive relief and to impose and collect civil penalties. Defines "advertiser" and "advertising mediums".
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fireworks Use Act is amended by changing | 5 | | Section 1 and by adding Section 6 as follows:
| 6 | | (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
| 7 | | Sec. 1. Definitions. As used in this Act, the following | 8 | | words shall have the following meanings: | 9 | | "Advertiser" means a fireworks company purchasing an | 10 | | advertisement on an advertising medium. | 11 | | "Advertising mediums" means billboards, radio, television, | 12 | | and print advertising (including advertising by means of direct | 13 | | mail). | 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 | 17 | | Transportation under 49 C.F.R. 172.101. | 18 | | "Consumer distributor" means any person who distributes, | 19 | | offers for sale, sells, or exchanges for consideration consumer | 20 | | fireworks in Illinois to another distributor or directly to any | 21 | | retailer or person for resale. | 22 | | "Consumer fireworks" means those fireworks that must | 23 | | comply with the construction, chemical composition, and |
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| 1 | | labeling regulations of the U.S. Consumer Products Safety | 2 | | Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and | 3 | | classified as fireworks UN0336 or UN0337 by the United States | 4 | | Department of Transportation under 49 C.F.R. 172.101. | 5 | | "Consumer fireworks"
shall not include snake or glow worm | 6 | | pellets; smoke devices; trick noisemakers
known as "party | 7 | | poppers", "booby traps", "snappers", "trick matches", | 8 | | "cigarette
loads", and "auto burglar alarms"; sparklers; toy | 9 | | pistols, toy
canes, toy guns, or other devices in
which paper | 10 | | or plastic caps containing twenty-five hundredths grains or
| 11 | | less of explosive compound are used, provided they are so | 12 | | constructed that
the hand cannot come in contact with the cap | 13 | | when in place for the
explosion; and toy pistol paper or | 14 | | plastic caps that contain less than
twenty hundredths grains of | 15 | | explosive mixture; the sale and use of which
shall be permitted | 16 | | at all times. | 17 | | "Consumer fireworks display" or "consumer display" means | 18 | | the detonation, ignition, or deflagration of consumer | 19 | | fireworks to produce a visual or audible effect. | 20 | | "Consumer operator" means an adult individual who is | 21 | | responsible for the safety, setup, and discharge of the | 22 | | consumer fireworks display and who has completed the training | 23 | | required in Section 2.2 of this Act. | 24 | | "Consumer retailer" means any person who offers for sale, | 25 | | sells, or exchanges for consideration consumer fireworks in | 26 | | Illinois directly to any person with a consumer display permit. |
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| 1 | | "Display fireworks" means 1.3G or special effects | 2 | | fireworks or as further defined in the Pyrotechnic Distributor | 3 | | and Operator Licensing Act. | 4 | | "Flame effect" means the detonation, ignition, or | 5 | | deflagration of flammable gases, liquids, or special materials | 6 | | to produce a thermal, physical, visual, or audible effect | 7 | | before the public, invitees, or licensees, regardless of | 8 | | whether admission is charged, in accordance with National Fire | 9 | | Protection Association 160 guidelines, and as may be further | 10 | | defined in the Pyrotechnic Distributor and Operator Licensing | 11 | | Act. | 12 | | "Lead pyrotechnic operator" means an individual who is | 13 | | responsible for the safety, setup, and discharge of the | 14 | | pyrotechnic display or pyrotechnic service and who is licensed | 15 | | pursuant to the Pyrotechnic Distributor and Operator Licensing | 16 | | Act. | 17 | | "Person" means an individual, firm, corporation, | 18 | | association, partnership, company, consortium, joint venture, | 19 | | commercial entity, state, municipality, or political | 20 | | subdivision of a state or any agency, department, or | 21 | | instrumentality of the United States and any officer, agent, or | 22 | | employee of these entities.
| 23 | | "Production company" means any person in the film, digital | 24 | | and video media, television, commercial, and theatrical stage | 25 | | industry who provides pyrotechnic services or pyrotechnic | 26 | | display services as part of a film, digital and video media, |
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| 1 | | television, commercial, or theatrical production in the State | 2 | | of Illinois and is licensed by the Office pursuant to the | 3 | | Pyrotechnic Distributor and Operator Licensing Act. | 4 | | "Pyrotechnic display" means the detonation, ignition, or | 5 | | deflagration of display fireworks or flame effects to produce | 6 | | visual or audible effects of a exhibitional nature before the | 7 | | public, invitees, or licensees, regardless of whether | 8 | | admission is charged, and as may be further defined in the | 9 | | Pyrotechnic Distributor and Operator Licensing Act. | 10 | | "Pyrotechnic distributor" means any person who distributes | 11 | | display fireworks for sale in the State of Illinois or provides | 12 | | them as part of a pyrotechnic display service in the State of | 13 | | Illinois or provides only pyrotechnic services and is licensed | 14 | | by the Office pursuant to the Pyrotechnic Distributor and | 15 | | Operator Licensing Act. | 16 | | "Pyrotechnic service" means the detonation, ignition or | 17 | | deflagration of display fireworks, special effects or flame | 18 | | effects to produce a visual or audible effect. | 19 | | "Special effects fireworks" means pyrotechnic devices used | 20 | | for special effects by professionals in the performing arts in | 21 | | conjunction with theatrical, musical, or other productions
| 22 | | that are similar to consumer fireworks in chemical compositions
| 23 | | and construction, but are not intended for consumer use and are
| 24 | | not labeled as such or identified as "intended for indoor use".
| 25 | | "Special effects fireworks" are classified as fireworks UN0431
| 26 | | or UN0432 by the United States Department of Transportation
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| 1 | | under 49 C.F.R. 172.101.
| 2 | | (Source: P.A. 95-331, eff. 8-21-07; 96-708, eff. 8-25-09.)
| 3 | | (425 ILCS 35/6 new) | 4 | | Sec. 6. Advertising of fireworks. | 5 | | (a) After January 1, 2012, all commercial advertising | 6 | | mediums by consumer fireworks retailers shall bear the | 7 | | following statement: | 8 | | WARNING: IL Law Prohibits the Possession of Certain | 9 | | Fireworks Without a Proper Permit. Check with Law | 10 | | Enforcement Prior to Purchase. | 11 | | (b) Such warning on billboards shall appear in the format | 12 | | and type style prescribed under 15 U.S.C. 1333 (b)(3), as | 13 | | amended, or under Section 201 of the federal Family Smoking | 14 | | Prevention and Tobacco Control Act (Public Law 111-31), as | 15 | | amended. | 16 | | (c) Such warning in print shall appear in the format and | 17 | | type style prescribed under Section 201 of the federal Family | 18 | | Smoking Prevention and Tobacco Control Act (Public Law 111-31), | 19 | | as amended. | 20 | | (d) Such warning in broadcast shall be verbal, clear, and | 21 | | concise. | 22 | | (e) Any advertiser whose advertisement does not conform to | 23 | | the provisions of this Section shall be subject to a fine not | 24 | | to exceed $1,000 per day. | 25 | | (f) The Attorney General may bring an action for the |
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| 1 | | enforcement of this Section and the rules adopted and orders | 2 | | issued under this Section, in the name of the People of the | 3 | | State of Illinois, and may, in addition to other remedies | 4 | | provided in
this Act, bring an action for a temporary | 5 | | restraining order, preliminary injunction, or an
injunction to | 6 | | restrain any actual or threatened violation or to
impose or | 7 | | collect a civil penalty for any violation. |
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