97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5674

 

Introduced 2/16/2012, by Rep. Adam Brown

 

SYNOPSIS AS INTRODUCED:
 
425 ILCS 35/2  from Ch. 127 1/2, par. 128
425 ILCS 35/2.2
425 ILCS 35/2.3

    Amends the Pyrotechnic Use Act. Removes the prohibition of the possession, sale, or use of consumer fireworks. Provides that any individual that handles a consumer display must adhere to the guidelines set forth by the Office of the State Fire Marshal concerning consumer fireworks. Removes provisions that require any person buying or receiving consumer fireworks to have an applicable permit.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Pyrotechnic Use Act is amended by changing
5Sections 2, 2.2, and 2.3 as follows:
 
6    (425 ILCS 35/2)  (from Ch. 127 1/2, par. 128)
7    Sec. 2. Possession, sale, and use of fireworks. Except as
8hereinafter provided it shall be unlawful for any person, firm,
9co-partnership, or corporation to knowingly possess, offer for
10sale, expose for sale, sell at retail, or use or explode any
11display fireworks, or flame effects, or consumer fireworks;
12provided that city councils in cities, the president and board
13of trustees in villages and incorporated towns, and outside the
14corporate limits of cities, villages and incorporated towns,
15the county board, shall have power to adopt reasonable rules
16and regulations for the granting of permits for pyrotechnic and
17consumer displays.
18(Source: P.A. 93-263, eff. 7-22-03; 94-658, eff. 1-1-06.)
 
19    (425 ILCS 35/2.2)
20    Sec. 2.2. Consumer displays. Any individual that handles a
21consumer display must adhere to the guidelines set forth by the
22Office of the State Fire Marshal concerning consumer fireworks.

 

 

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1Each consumer display shall be handled by a competent
2individual who has received training from a consumer fireworks
3training class approved by the Office of the State Fire
4Marshal. Applications for consumer display permits shall be
5made in writing at least 15 days in advance of the date of the
6display, unless agreed to otherwise by the local jurisdiction
7issuing the permit and the fire chief of the jurisdiction in
8which the display will occur. After a permit has been granted,
9sales, possession, use, and distribution of consumer fireworks
10for display shall be lawful for that purpose only. No permit
11granted hereunder shall be transferable.
12    Permits may be granted hereunder to any adult individual
13applying for a permit who provides proof that he or she has
14received the requisite training. The local jurisdiction
15issuing the permit is authorized to conduct a criminal
16background check of the applicant as a condition of issuing a
17permit.
18    A permit shall be issued only after inspection of the
19display site by the fire chief providing fire protection
20coverage to the area of display, or his or her designee, to
21determine that the display is in full compliance with the rules
22adopted by the State Fire Marshal. Nothing in this Section
23shall prohibit the issuer of a permit from adopting more
24stringent rules.
25(Source: P.A. 94-658, eff. 1-1-06.)
 

 

 

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1    (425 ILCS 35/2.3)
2    Sec. 2.3. Consumer distributors and retailers. No person
3may act as a consumer distributor or retailer or advertise or
4use any title implying that the person is a consumer
5distributor or retailer unless registered with the Office of
6the State Fire Marshal. No consumer fireworks may be
7distributed, sold, transferred, or provided free of charge to
8an individual who has not been issued a permit in accordance
9with Section 2.2 of this Act or has not registered with the
10Office of the State Fire Marshal in accordance with this
11Section. No person may sell to a single individual a quantity
12of consumer fireworks exceeding 499 pounds without prior
13approval by the Office of the State Fire Marshal. The State
14Fire Marshal, in the name of the People, through the Attorney
15General, the State's Attorney of any county, any resident of
16the State, or any legal entity within the State may apply for
17injunctive relief in any court to enjoin any person who has not
18registered from distributing or selling consumer fireworks.
19Upon filing a verified petition in court, the court, if
20satisfied by affidavit, or otherwise, that the person is or has
21been distributing in violation of this Act, may enter a
22temporary restraining order or preliminary injunction, without
23bond, enjoining the defendant from further activity. A copy of
24the verified complaint shall be served upon the defendant and
25the proceedings are to be conducted as in other civil cases.
26The court may enter a judgment permanently enjoining a

 

 

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1defendant from further unregistered activity if it is
2established that the defendant has been or is distributing in
3violation of this Act. In case of violation of any injunctive
4order or judgment entered under this Section, the court may
5summarily try and punish the offender for contempt of court.
6Injunctive proceedings are in addition to all penalties and
7other remedies in this Act.
8(Source: P.A. 94-658, eff. 1-1-06.)