Full Text of HB5139 96th General Assembly
HB5139ham001 96TH GENERAL ASSEMBLY
|
Rep. Donald L. Moffitt
Filed: 3/3/2010
|
|
09600HB5139ham001 |
|
LRB096 16501 RLJ 37541 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 5139
| 2 |
| AMENDMENT NO. ______. Amend House Bill 5139 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 1. Short title. This Act may be cited as the | 5 |
| Retail Sale and Distribution of Novelty Lighters Prohibition | 6 |
| Act. | 7 |
| Section 5. Findings. The General Assembly finds that | 8 |
| novelty lighters have features that are attractive to children, | 9 |
| including visual effects, flashing lights, musical sounds, and | 10 |
| toy-like designs. Thousands of novelty lighters have been | 11 |
| recalled because of the danger they present to public safety. | 12 |
| The setting of fires by juveniles has been identified as the | 13 |
| fastest growing fire threat in the United States, with more | 14 |
| than 300 people killed annually, 30% of whom are children, and | 15 |
| almost $1 billion in property has been destroyed. |
|
|
|
09600HB5139ham001 |
- 2 - |
LRB096 16501 RLJ 37541 a |
|
| 1 |
| Section 10. Definition. For the purposes of this Act, | 2 |
| "novelty lighter" means a mechanical or electrical device | 3 |
| typically used for lighting cigarettes, cigars, or pipes that | 4 |
| is designed to resemble a cartoon character, toy, gun, watch, | 5 |
| musical instrument, vehicle,
animal, food or beverage, or | 6 |
| similar articles, or that plays musical notes, or has flashing
| 7 |
| lights, or has other entertaining features. A novelty lighter | 8 |
| may operate on any fuel,
including butane, isobutene, or liquid | 9 |
| fuel. "Novelty lighter" does not include any of the following: | 10 |
| (1) A lighter manufactured before January 1, 1980. | 11 |
| (2) A lighter incapable of being fueled or lacking a | 12 |
| device necessary to produce combustion or a flame. | 13 |
| (3) Any mechanical or electrical device primarily used | 14 |
| to ignite fuel for fireplaces or for charcoal or gas | 15 |
| grills. | 16 |
| (4) Standard disposable and refillable lighters that | 17 |
| are printed or decorated with logos, labels, decals, or | 18 |
| artwork, or heat-shrinkable sleeves. | 19 |
| Section 15. Prohibition against novelty lighters. A person | 20 |
| may not sell at retail or distribute for retail sale in this | 21 |
| State a novelty lighter. The prohibition specified in this | 22 |
| Section does not apply to the transportation of novelty | 23 |
| lighters through this State or the storage of novelty lighters | 24 |
| in a warehouse or distribution center in this State that is | 25 |
| closed to the public for purposes of retail sales. |
|
|
|
09600HB5139ham001 |
- 3 - |
LRB096 16501 RLJ 37541 a |
|
| 1 |
| Section 20. Violation. A violation of Section 15 is a | 2 |
| petty offense, for which a fine not to exceed $500 for each | 3 |
| offense may be imposed. Each day that a person violates Section | 4 |
| 15 is a separate offense. A person who is employed as a clerk | 5 |
| by a retail establishment shall not be in violation of this Act | 6 |
| unless he or she sells a novelty lighter with the intent to | 7 |
| violate this Act. | 8 |
| Section 25. Enforcement. This Act may be enforced by the | 9 |
| Office of the State Fire
Marshal, by a State, county, or | 10 |
| municipal law enforcement officer, or by a municipal
code | 11 |
| enforcement officer.
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.".
|
|