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90_HB0704ham001
LRB9003455RCcdam
1 AMENDMENT TO HOUSE BILL 704
2 AMENDMENT NO. . Amend House Bill 704 by replacing
3 the title with the following:
4 "AN ACT concerning fireworks, amending named Acts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The State Finance Act is amended by adding
8 Section 5.449 as follows:
9 (30 ILCS 105/5.449 new)
10 Sec. 5.449. The Fireworks License Fund.
11 Section 10. The Fireworks Use Act is amended by changing
12 Sections 1 and 2 as follows:
13 (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
14 Sec. 1. Definitions. In this Act:
15 The term "Fireworks" shall mean and include any explosive
16 composition, or any substance or combination of substances,
17 or article prepared for the purpose of producing a visible or
18 audible effect of a temporary exhibitional nature by
19 explosion, combustion, deflagration or detonation, and shall
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1 include blank cartridges, toy cannons, in which explosives
2 are used, the type of balloons which require fire underneath
3 to propel the same, firecrackers, torpedoes, skyrockets,
4 Roman candles, bombs, or other fireworks of like construction
5 and any fireworks containing any explosive compound, or any
6 tablets or other device containing any explosive substance,
7 or containing combustible substances producing visual
8 effects: provided, however, that the term "fireworks" shall
9 not include snake or glow worm pellets; smoke devices; trick
10 noisemakers known as "party poppers", "booby traps",
11 "snappers", "trick matches", "cigarette loads" and "auto
12 burglar alarms"; sparklers; toy pistols, toy canes, toy guns,
13 or other devices in which paper or plastic caps containing
14 twenty-five hundredths grains or less of explosive compound
15 are used, providing they are so constructed that the hand
16 cannot come in contact with the cap when in place for the
17 explosion; and toy pistol paper or plastic caps which contain
18 less than twenty hundredths grains of explosive mixture; the
19 sale and use of which shall be permitted at all times.
20 "Division 1.3G (Class B) and 1.4G (Class C) explosives"
21 means any substance or article defined as a Division 1.3G or
22 1.4G explosive by the United States Department of
23 Transportation under 49 CFR 173.50. Nothing in this
24 definition shall be construed to exclude Division 1.3G or
25 1.4G explosives from the definition of "fireworks".
26 (Source: P.A. 83-474.)
27 (425 ILCS 35/2) (from Ch. 127 1/2, par. 128)
28 Sec. 2. Prohibition; permit; license.
29 (a) Except as hereinafter provided it shall be unlawful
30 for any person, firm, co-partnership, or corporation to
31 knowingly possess, offer for sale, expose for sale, sell at
32 retail, or use or explode any fireworks; provided that city
33 councils in cities, the president and board of trustees in
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1 villages and incorporated towns, and outside the corporate
2 limits of cities, villages and incorporated towns, the county
3 board, shall have power to adopt reasonable rules and
4 regulations for the granting of permits for supervised public
5 displays of fireworks. Every such display shall be handled by
6 a competent individual designated by the local authorities
7 herein specified and shall be of such a character and so
8 located, discharged or fired, as not to be hazardous to
9 property or endanger any person or persons. Application for
10 permits shall be made in writing at least 15 days in advance
11 of the date of the display and action shall be taken on such
12 application within 48 hours after such application is made.
13 After such privilege shall have been granted, sales,
14 possession, use and distribution of fireworks for such
15 display shall be lawful for that purpose only. No permit
16 granted hereunder shall be transferable.
17 Permits may be granted hereunder to any groups of 3 or
18 more adult individuals applying therefor. No permit shall be
19 required, under the provisions of this Act, for supervised
20 public displays by State or County fair associations.
21 The governing body shall require a bond from the licensee
22 in a sum not less than $1,000 conditioned on compliance with
23 the provisions of this law and the regulations of the State
24 Fire Marshal adopted hereunder, except that no municipality
25 shall be required to file such bond.
26 Such permit shall be issued only after inspection of the
27 display site by the issuing officer, to determine that such
28 display shall not be hazardous to property or endanger any
29 person or persons. Forms for such application and permit may
30 be obtained from the Office of the State Fire Marshal. One
31 copy of such permit shall be on file with the issuing
32 officer, and one copy forwarded to the Office of the State
33 Fire Marshal.
34 Possession by any party holding a certificate of
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1 registration under "The Fireworks Regulation Act of
2 Illinois", filed July 20, 1935, or by any employee or agent
3 of such party or by any person transporting fireworks for
4 such party, shall not be a violation, provided such
5 possession is within the scope of business of the fireworks
6 plant registered under that Act.
7 (b) For companies that wish to conduct
8 fireworks/pyrotechnic displays, the State Fire Marshal shall
9 issue one license per company, per year for the entire State.
10 A local authority having jurisdiction may issue a permit for
11 a fireworks display once a State license is presented. The
12 local fee, if any, shall be determined by the local authority
13 having jurisdiction. Before the State Fire Marshal issues a
14 license to a company that wishes to conduct a
15 fireworks/pyrotechnic display, that company must show that it
16 has met the following guidelines:
17 (1) Must have a current 1.3G (Class B) Bureau of
18 Alcohol, Tobacco and Firearms (BATF) license.
19 (2) Must show proof of General Liability Insurance
20 in an amount not less than $3,000,000.
21 (3) Must show proof of Workman's Compensation
22 Insurance for personnel lighting the fireworks.
23 (4) Must follow the National Fire Protection
24 Association (NFPA) 1123 guidelines for outdoor displays
25 and NFPA 1126 guidelines for indoor displays.
26 (5) Must pay an annual license fee of $700 per
27 year, which will be renewed the first of February of each
28 year.
29 (c) If the fireworks/pyrotechnic display is to be fired
30 from a floatation device on water the following additional
31 guidelines must be met:
32 (1) The display must be executed by manual
33 electronic firing or computer electric firing.
34 (2) Each pyrotechnic operator must wear a life
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1 jacket or vest at all times while on the flotation
2 device.
3 (d) Each company that wishes to distribute fireworks or
4 pyrotechnics must receive a Display Company/Distributors
5 License from the State Fire Marshal. Before the State Fire
6 Marshal issues one of these licenses, the company must show
7 that it has met the following criteria:
8 (1) Must have a current BATF license for 1.3G
9 (Class B) and 1.4G (Class C) Display Fireworks.
10 (2) Show proof of $1,000,000 in Product Liability
11 Insurance.
12 (3) Pay an annual license fee of $700 per year.
13 Each properly licensed distributor may sell to anyone
14 within the State of Illinois who presents a current BATF
15 license/user permit and a local fireworks display permit from
16 the local authority having jurisdiction.
17 (e) The State Fire Marshal shall design and administer a
18 test for the licensing of pyrotechnic operators of a display
19 fireworks/pyrotechnic company that handle Division 1.3G
20 (Class B) and 1.4G (Class C) explosives. The test shall
21 incorporate the guidelines set out in NFPA 1123 and NFPA
22 1126. All companies licensed in the State of Illinois who
23 wish to conduct a fireworks/pyrotechnic display using
24 Division 1.3G (Class B) and 1.4G (Class C) explosives must
25 utilize only pyrotechnic operators who are properly licensed
26 within this State.
27 (f) License and license renewal fees under subsections
28 (b) and (d) shall be deposited into the Fireworks License
29 Fund. Fees not otherwise set in this Section shall be set by
30 the State Fire Marshal and deposited into the Fireworks
31 License Fund and shall be sufficient to defray the costs and
32 expenses associated with the licensing process. The duration
33 of licenses not otherwise set by this Section shall be set by
34 the State Fire Marshal. The Fireworks License Fund is created
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1 as a special fund in the State treasury. All money in the
2 Fireworks License Fund shall be used, subject to
3 appropriation by the General Assembly, by the State Fire
4 Marshal to defray the costs and expenses associated with the
5 licensing process under this Section.
6 (g) The State Fire Marshal shall adopt all rules
7 necessary to carry out its responsibilities under this
8 Section.
9 (Source: P.A. 86-1028.)
10 Section 99. Effective date. This Act takes effect
11 January 1, 1998.".