093_SB0342

 
                                     LRB093 07500 AMC 07672 b

 1        AN ACT concerning fireworks.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  This  Act  may  be  cited  as  the  Fireworks
 5    Regulation Act.

 6        Section  5.  Definition  of  terms.  As used in this Act,
 7    the following terms shall have the meanings ascribed to  them
 8    in this Section unless clearly indicated otherwise.
 9        "Importer"  means  any  person engaged in the business of
10    making sales of fireworks to a bona fide wholesaler.
11        "Wholesaler" means any person engaged in the business  of
12    making  sales of fireworks to any other person engaged in the
13    business of making sales at retail.
14        "Retailer" means any person engaged in  the  business  of
15    making sales of fireworks to consumers.
16        "Sale"  means  an  exchange  of articles of fireworks for
17    money and each transaction made by  any  person,  whether  as
18    principal    proprietor,    salesman,   agent,   association,
19    copartnership or one or more individuals.
20        "Person"    means    any    corporation,     association,
21    copartnership, or one or more individuals.
22        "License"  means  the written authority of the State Fire
23    Marshal issued under the authority of this Act.
24        "D.O.T. Class C Common Fireworks" means all  articles  of
25    fireworks  classified  as  D.O.T. Class C Common Fireworks in
26    the regulations of the U.S. Department of Transportation  for
27    the transportation of explosive and other dangerous articles,
28    including wire sparklers.
29        "Special  fireworks" means all articles of fireworks that
30    are classified as Class B explosives in  the  regulations  of
31    the  U.S.  Department of Transportation and shall include all
 
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 1    articles classified as fireworks other than those  classified
 2    as Class C.

 3        Section 10.  It shall be unlawful for any person to sell,
 4    offer  to  sell,  ship, or cause to be shipped into or within
 5    the State of Illinois, except as herein provided, any item of
 6    fireworks,  without  first  having   secured   the   required
 7    applicable  license,  as a importer, wholesaler, or retailer,
 8    from the State Fire Marshal, possession of the license  being
 9    hereby  made  a condition prerequisite to selling or offering
10    for sale, shipping or causing to  be  shipped  any  fireworks
11    into  or  within  the  State  of  Illinois,  except as herein
12    provided.  All license holders must be located  in  permanent
13    structures  and  be  open  for  business 12 months each year.
14    Fireworks stands operated by handicapped or  retired  persons
15    that  generate less than $15,000 gross sales annually and not
16    for profit organization stands shall not be  required  to  be
17    open  12  months  of the year.  Also, importers, wholesalers,
18    and all not for profit  organizations  are  exempt  from  the
19    sales tax license provision.
20        Before  engaging in the sale within the State of Illinois
21    or shipment into the State of Illinois of any fireworks, each
22    person must make application on forms secured from the  State
23    Fire  Marshal for the license or licenses required under this
24    Act for each location at which fireworks are  to  be  offered
25    for sale.
26        The  determination  of  the  type  of license or licenses
27    required by each applicant will be based on the  license  fee
28    paid  by  the  applicant.    No  license shall be issued to a
29    person under the age of 21 years.  All licenses shall be  for
30    the calendar year or any fraction thereof and shall expire on
31    December  31  of  each year; 2 days of grace shall be allowed
32    holder of licenses, after the expiration  thereof.   Licenses
33    issued  to  retailers  must  be  displayed  in their place of
 
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 1    business.  No license provided  for  in  this  Act  shall  be
 2    transferable nor shall a person be permitted to operate under
 3    a  license  issued  to  any  other  person or under a license
 4    issued for another location, unless transfer shall have  been
 5    approved by the State Fire Marshal.
 6        The  State  Fire  Marshal  is  authorized and directed to
 7    charge for licenses  issued  as  follows:  importer,  $3,500;
 8    wholesaler, $1,000; retailer, $50; display, $1.
 9        Only  holders of a retailer license will be authorized to
10    engage in the retail sale of permitted items  as  defined  in
11    Section 35 of this Act in quantity to consumers.
12        A  holder  of a importer license will be required to have
13    additional  license  or  licenses  in  order  to  sell  as  a
14    wholesaler and retailer.
15        The State Fire Marshal  shall  deposit  $200,000  of  the
16    amount  received  each fiscal year as license fees under this
17    Act into the Fire Prevention Fund to be  used  (i)  for  fire
18    prevention  programs and (ii) for the costs of enforcing this
19    Act.  The State Fire Marshal shall deposit the  remainder  of
20    the  amount  received as license fees under this Act into the
21    General Revenue Fund.  The State Fire Marshal may designate a
22    deputy fire marshal as the  "Fireworks  Enforcement  Officer"
23    who shall have the responsibility of directing enforcement of
24    the State fireworks laws.
25        The State Fire Marshal is charged with the enforcement of
26    this  Act and may call upon any State or county or city peace
27    officer for assistance in the enforcement of this Act.

28        Section 15.  The State Fire Marshal shall assign a number
29    to each license issued and each holder of a license of any of
30    the classes hereinabove provided shall imprint or  affix  the
31    same  to all purchase orders, delivery receipts, and invoices
32    issued or used by each distributor or wholesaler.
 
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 1        Section 20.  No  person  shall  deliver,  sell,  or  ship
 2    fireworks  into  or  within  the State of Illinois unless the
 3    consignee produces the required license or evidence that  the
 4    consignee  holds  the  license.   No  person  shall  purchase
 5    fireworks  from  another person without first requiring proof
 6    that the proper license  required  of  the  seller  has  been
 7    obtained and is current and valid.

 8        Section  25.  The  State  Fire  Marshal  may  revoke  any
 9    license issued under the provisions of this Act upon evidence
10    that the holder has purchased, received, sold, used, shipped,
11    or caused to be shipped any illegal fireworks in violation of
12    this Act.  Notice must be given in writing to the holder of a
13    license stating cause of revocation.
14        The  State Fire Marshal, in his discretion, may refuse to
15    issue another license to the holder of a  license  which  has
16    been  cancelled  or  revoked  for  the  possession or sale of
17    illegal fireworks for a period not to exceed one year.

18        Section 30.  The issuance of the license  required  under
19    this  Act  does  not  replace or relieve any person of State,
20    county, or municipal privilege licenses as required  by  law.
21    No license shall be issued to any applicant who does not show
22    proof  of a current and valid retail sales tax number, except
23    as provided in Section 10.

24        Section 35.  Nothing in this Act shall  be  construed  as
25    applying  to  the  shipping,  sale,  possession,  and  use of
26    special fireworks for public displays by holders of a license
27    for a public display. Application for  a  State  license  for
28    public  display  must  be  made  in writing to the State Fire
29    Marshal  at  least  10  days  before   display   date.    The
30    application  shall show that the proposed display is to be so
31    located and supervised that  it  will  not  be  hazardous  to
 
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 1    property  and  that it will not endanger human lives.  If the
 2    display  is  to  be  performed  within  the   limits   of   a
 3    municipality,  the  application shall so state and shall bear
 4    the signed approval of the chief supervisory official of  the
 5    fire  or  police  department  of  the municipality.  Licenses
 6    issued shall be limited to the  time  specified  therein  and
 7    shall not be transferable.

 8        Section  40.  It  shall  be  unlawful  for an individual,
 9    firm, partnership, or corporation to possess,  sell,  or  use
10    within  the  State  of  Illinois,  or  ship into the State of
11    Illinois, except as provided in Section 35 of this  Act,  any
12    pyrotechnics  commonly  known as "fireworks" other than items
13    now or hereafter classified as Class C  Common  Fireworks  by
14    the  U.S.  Department  of  Transportation or those items that
15    comply  with  the  construction,  chemical  composition,  and
16    labeling regulations promulgated by the U.S. Consumer Product
17    Safety Commission and permitted for use by the general public
18    under their regulations.
19        Permitted items designed to produce an audible effect are
20    confined to small ground items which include firecrackers not
21    over 1 1/2" in length and 1/4" in diameter and containing not
22    over  50  milligrams  of  explosive  composition  and  aerial
23    devices containing  not  over  130  milligrams  of  explosive
24    composition.  Propelling or expelling charges consisting of a
25    mixture  of  charcoal,  sulfur  and potassium nitrate are not
26    considered as designed to produce an audible effect.
27        Items permitted and for which a license is required shall
28    include related items not classified by the D.O.T. as Class C
29    Common Fireworks, but identified under their  regulations  as
30    trick  noisemakers,  toy  novelties,  toy  smoke  devices and
31    sparklers, and  shall  include  toy  snakes,  snappers,  auto
32    burglar  alarms,  smoke  balls,  smoke  novelty  items, party
33    poppers, trick matches, cigarette loads,  and  morning  glory
 
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 1    sparklers  containing  not  over 100 grams of composition per
 2    item.  Morning glory sparklers  containing  any  chlorate  of
 3    perchlorate  salts  may not exceed 5 grams of composition per
 4    item. Sparklers containing any chlorate of perchlorate  salts
 5    may not exceed 5 grams of composition per item.

 6        Section 45.  All items of special Class B Commercial type
 7    ground  salutes  commonly  known  as  cherry  bombs,  various
 8    tubular  salutes which exceed the limits of permitted Class C
 9    items as to size or explosive composition designed to produce
10    an audible effect referred to in Section 40 of this Act,  and
11    wire  sparklers  are expressly prohibited from shipment into,
12    possession, sale, and use within the State  of  Illinois  for
13    any purpose.

14        Section  50.  No  permissible  article  of  fireworks  or
15    related  items  defined  on Section 40 shall be sold, offered
16    for sale, possessed within the  State,  or  used  within  the
17    State,  except  as  provided in Section 35 unless it shall be
18    properly named to conform to the nomenclature of Section  40.
19    Items  must  be  identified  on  the  shipping  cases  and by
20    imprinting on the article or retail sales container  or  unit
21    "DOT   CLASS   C   Common  Fireworks"  or  other  appropriate
22    classification or identification  as  may  be  applicable  or
23    required  by  any  federal  agency  having  jurisdiction over
24    fireworks or related items, the imprint to be  of  sufficient
25    size  and  so  positioned  as to be readily recognized by law
26    enforcement authorities and the general public.

27        Section 55. Permissible items of  fireworks,  defined  in
28    Section  40,  may be sold at retail to residents of the State
29    of Illinois. The term "fireworks" shall not include toy paper
30    pistol  caps  which  contain  less  than  25/100  grains   of
31    explosive  compounds, model rockets, emergency signal flares,
 
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 1    and matches, the sale and use of which shall be permitted  at
 2    all  times  without a special fireworks license. Party stores
 3    are also exempt from the fireworks license when selling party
 4    poppers and morning glory sparklers.

 5        Section 60. Placing, storing, locating, or displaying  of
 6    fireworks in any window where the sun may shine through glass
 7    into  the fireworks so displayed or to permit the presence of
 8    lighted cigars, cigarettes, or pipes, within 10 feet of where
 9    the fireworks are offered for sale is declared  unlawful  and
10    prohibited.   At  all  places  where  fireworks are stored or
11    sold, there must be posted signs with the words "fireworks no
12    smoking" in letters not less than 4 inches high.
13        No fireworks shall be sold  at  retail  at  any  location
14    where  paints,  oils, or varnishes are for sale or use unless
15    kept in the original unbroken containers, nor within 25  feet
16    of  where  resin,  turpentine, gasoline, or other inflammable
17    substance which may  generate  inflammable  vapors  is  used,
18    stored or sold.
19        Any  fireworks  devices  that  are  readily accessible to
20    handling by consumers or purchasers  must  have  their  fuses
21    protected  in  a  manner  that  protects  against  accidental
22    ignition  of  an  item  by  a  spark, cigarette ash, or other
23    ignition source.
24        All retail outlets  selling  permissible  fireworks  must
25    have  at  least  one  fire extinguisher readily available, or
26    several pails of water.  No retail license  shall  be  issued
27    for  the sale of fireworks at retail from tents or from or in
28    a motor vehicle or from a trailer towed by a motor vehicle.

29        Section 65.  It shall be unlawful  to  offer  for  retail
30    sale  or  to sell any fireworks, including wire sparklers, to
31    persons under the age of 21 years or to  any  intoxicated  or
32    irresponsible  person.  Any person purchasing fireworks shall
 
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 1    be required  to  show  a  valid  driver's  license  or  State
 2    approved  identification  card.  Permitted nonfireworks items
 3    identified as snappers, trick noisemakers, toy novelties, toy
 4    smoke devices, toy snakes,  snappers,  auto  burglar  alarms,
 5    smoke  balls,  smoke  novelty  items,  party poppers, witches
 6    whistle, serpent chargers, or trick matches may  be  sold  to
 7    persons  8  years  old  or  older.   It  shall be unlawful to
 8    explode or ignite fireworks within 600 feet  of  any  church,
 9    hospital,  asylum,  public  school, any enclosed building, or
10    within 200 feet of  where  fireworks  are  stored,  sold,  or
11    offered  for  sale.   No person shall ignite or discharge any
12    permissible articles or fireworks within or throw them from a
13    motor vehicle while within nor  shall  any  person  place  or
14    throw  any  ignited  article  of fireworks into or at a motor
15    vehicle, or at or near any person or group of people.

16        Section 70.  Nothing in this Act shall  be  construed  as
17    applying to the manufacture, storage, sale, or use of signals
18    necessary  for  the  sale  operation  of  railroads  or other
19    classes of public or private transportation, nor as  applying
20    to  the  military  or naval forces of the United States or of
21    this State or to peace officers, nor as prohibiting the  sale
22    or  use  of  blank  cartridges for ceremonial, theatrical, or
23    athletic events.

24        Section  75.  Any  individual,  firm,   partnership,   or
25    corporation  that  violates  any provisions of this Act other
26    than Section 45 shall be guilty of a Class B misdemeanor, and
27    upon conviction shall be punished by a fine of not less  than
28    $1,000 or more than $2,000 or imprisoned for not less than 30
29    days  or more than 90 days, or both, in the discretion of the
30    court, provided, that any person convicted of  manufacturing,
31    shipping,   possessing,  or  selling  any  illegal  fireworks
32    described in Section 45  of  this  Act  shall  on  subsequent
 
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 1    violations be guilty of a felony and upon conviction shall be
 2    punished  by  a  fine  of  not less than $2,500 nor more than
 3    $5,000 or imprisoned not less than one year or  more  than  3
 4    years, or both, in the discretion of the court.

 5        Section  80.  The  State  Fire  Marshal  shall  seize  as
 6    contraband  any  fireworks  other than the permitted "Class C
 7    Common Fireworks", any related items defined in  Section  40,
 8    or  "special  fireworks"  for  public displays as provided in
 9    Section 35, that are sold, displayed, used, or  possessed  in
10    violation  of  this Act. The State Fire Marshal is authorized
11    to destroy any illegal fireworks seized.

12        Section 900.  The State Finance Act is amended by  adding
13    Section 5.595 as follows:

14        (30 ILCS 105/5.595 new)
15        Sec. 5.595.  The Trauma Center Fund.

16        (425 ILCS 35/Act rep.)
17        Section 905.  The Fireworks Use Act is repealed.

18        Section  999. Effective date.  This Act takes effect upon
19    becoming law.