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| [ Introduced ] | [ Engrossed ] | [ House Amendment 002 ] |
91_HB0112ham001
LRB9100789RCmbam01
1 AMENDMENT TO HOUSE BILL 112
2 AMENDMENT NO. . Amend House Bill 112 by replacing
3 the title with the following:
4 "AN ACT in relation to fireworks."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Fireworks Displayer Licensing Act.
9 Section 5. Definitions. In this Act:
10 "Office" means Office of the State Fire Marshal.
11 "Pyrotechnic displayer" means any person, company,
12 association, group of persons, or corporation that ignites or
13 otherwise causes display or consumer fireworks to be
14 detonated, ignited, or deflagrated to produce a visual or
15 audible effect of an exhibitional nature before the public,
16 invitees, or licensees, regardless of whether an admission is
17 charged.
18 "Division 1.3G (Class B) and 1.4G (Class C) explosives"
19 means any substance or article defined as a Division 1.3G or
20 1.4G explosive by the United States Department of
21 Transportation under 49 CFR 173.50.
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1 "Pyrotechnic distributor" means any person, company,
2 association, group of persons, or corporation.
3 "Pyrotechnic operator" means the individual with overall
4 responsibility for the safety, set-up and discharge of a
5 fireworks or pyrotechnic display.
6 "Fireworks" means a composition or device for the purpose
7 of producing a visible or an audible effect by combustion,
8 deflagration, or detonation and includes blank cartridges,
9 toy cannons in which explosives are used, the type of
10 balloons that require fire underneath to propel the same,
11 firecrackers, torpedoes, skyrockets, Roman candles, bombs, or
12 other fireworks of like construction and any fireworks
13 containing any explosive compound, or any tablets or other
14 device containing any explosive substance, or containing
15 combustible substances producing visual effects; however,
16 "fireworks" does not include snake or glow worm pellets;
17 smoke devices; trick noisemakers known as "party poppers",
18 "booby traps", "snappers", "trick matches", "cigarette loads"
19 and "auto burglar alarms"; sparklers; toy pistols, toy canes,
20 toy guns, or other devices in which paper or plastic caps
21 containing twenty-five hundredths of a grain or less of
22 explosive compound are used, providing they are so
23 constructed that the hand cannot come in contact with the cap
24 when in place for the explosion; and toy pistol paper or
25 plastic caps that contain less than twenty hundredths of a
26 grain of explosive mixture. "Fireworks" includes Division
27 1.3G or 1.4G explosives.
28 "Person" means an individual, firm, corporation,
29 association, partnership, company, consortium, joint venture,
30 commercial entity, State, municipality, or political
31 subdivision of a State or any agency, department, or
32 instrumentality of the United States and any officer, agent,
33 or employee of these entities.
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1 Section 10. License; enforcement; failure to pay tax. No
2 person may act as a public fireworks displayer, or advertise
3 or use any title implying that the person is engaged in the
4 practice or occupation of display of fireworks, unless
5 licensed by the Office under this Act. No firm, association,
6 or corporation may act as an agency licensed under this Act,
7 or advertise or use any title implying that it is engaged in
8 the practice of display of fireworks, unless licensed by the
9 Office under this Act. The State Fire Marshal, in the name of
10 the People, through the Attorney General, the State's
11 Attorney of any county, any resident of the State, or any
12 legal entity within the State may apply for injunctive relief
13 in any court to enjoin any person who has not been issued a
14 license or whose license has been suspended, revoked, or not
15 renewed, from practicing a licensed activity. Upon filing a
16 verified petition in court, the court, if satisfied by
17 affidavit, or otherwise, that the person is or has been
18 practicing in violation of this Act, may enter a temporary
19 restraining order or preliminary injunction, without bond,
20 enjoining the defendant from further unlicensed activity. A
21 copy of the verified complaint shall be served upon the
22 defendant and the proceedings are to be conducted as in other
23 civil cases. The court may enter a judgment permanently
24 enjoining a defendant from further unlicensed activity if it
25 is established that the defendant has been or is practicing
26 in violation of this Act. In case of violation of any
27 injunctive order or judgment entered under this Section, the
28 court may summarily try and punish the offender for contempt
29 of court. Injunctive proceedings are in addition to all
30 penalties and other remedies in this Act.
31 Section 15. Deposit of fees. All fees collected under
32 this Act shall be deposited into the Fire Prevention Fund.
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1 Section 30. Rules. The State Fire Marshal shall adopt
2 all rules necessary to carry out its responsibilities under
3 this Act including rules requiring the training, examination,
4 and licensing of pyrotechnic operators engaging in or
5 responsible for the handling and use of Division 1.3G (Class
6 B) and 1.4G (Class C) explosives. The test shall incorporate
7 the rules and regulations of the State Fire Marshal, which
8 shall be based upon nationally recognized standards such as
9 National Fire Protection Association (NFPA) 1123 guidelines
10 for outdoor displays and NFPA 1126 for indoor displays.
11 Section 35. Licensure requirements and fees. Application
12 for license. Each application for a license to practice under
13 this Act shall be in writing and signed by the applicant on
14 forms provided by the Office.
15 (a) After January 1, 2001, no person may engage in
16 pyrotechnic display without first applying for and obtaining
17 a license from the Office. Applicants for a license must
18 submit to the Office the following:
19 (1) It must have a current Division 1.3G (Class B)
20 Bureau of Alcohol, Tobacco and Firearms (BATF) license.
21 (2) It must show proof of general liability
22 insurance in an amount not less than $2,000,000.
23 (3) It must show proof of workers' compensation
24 insurance for personnel lighting the fireworks.
25 (4) Fees as established by the Office.
26 (5) Evidence of registration as an Illinois
27 corporation or evidence of compliance with the Assumed
28 Business Name Act if applicable.
29 (6) Evidence of compliance with the qualifications
30 and standards established by the Office.
31 (7) If the fireworks or pyrotechnic display is to
32 be fired from a flotation device on water, the following
33 additional guidelines must be met:
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1 (A) The display must be executed by manual
2 electronic firing or computer electric firing.
3 (B) Each pyrotechnic operator must wear a life
4 jacket or vest at all times while on the flotation
5 device.
6 (b) After January 1, 2001, no person may engage in
7 pyrotechnic distribution without first applying for and
8 obtaining a license from the Office. Each properly licensed
9 distributor may sell to anyone within the State of Illinois
10 who presents a current BATF license or user permit and a
11 local fireworks display permit from the local authority
12 having jurisdiction. Applicants for a license must submit to
13 the Office the following:
14 (1) It must have a current BATF license for 1.3G
15 (Class B) and 1.4G (Class C) Display Fireworks.
16 (2) It must show proof of $1,000,000 in product
17 liability insurance.
18 (3) It must pay a license fee of $700 per year.
19 (4) Fees as established by the Office.
20 (5) Evidence of registration as an Illinois
21 corporation or evidence of compliance with the Assumed
22 Business Name Act.
23 (6) Evidence of compliance with the qualifications
24 and standards established by the Office including having
25 a licensed pyrotechnic operator for such displays.
26 (c) After January 1, 2001, no individual may engage in
27 the activity of operating or displaying pyrotechnics without
28 first applying for and obtaining a pyrotechnic operator's
29 license from the Office. Applicants for a license must submit
30 to the Office the following:
31 (1) The fees set by the Office.
32 (2) Have the requisite training or continuing
33 education as established in the Office's rules.
34 (3) Pass the examination of the Office.
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1 Section 50. Issuance of license; renewal; fees
2 nonrefundable.
3 (a) The Office, upon the applicant's satisfactory
4 completion of the requirements authorized under this Act and
5 upon receipt of the requisite fees, shall issue the
6 appropriate license showing the name and business location of
7 the licensee, the dates of issuance, and expiration.
8 (b) Each licensee may apply for renewal of his or her
9 license upon payment of fees, as set forth in this Act. The
10 expiration date and renewal period for each license issued
11 under this Act shall be set by rule. Failure to renew within
12 60 days of the date results in lapse of the license. A lapsed
13 license may not be reinstated until a written application is
14 filed, the renewal fee is paid, and the reinstatement fee
15 established by the Office is paid. Renewal and reinstatement
16 fees shall be waived for persons who did not renew while on
17 active duty in the military and who file for renewal or
18 restoration within one year after discharge from the service.
19 A lapsed license may not be reinstated after 5 years have
20 elapsed except upon passing an examination to determine
21 fitness to have the license restored and by paying the
22 required fees.
23 (c) All fees paid under this Act are non-refundable.
24 Section 55. Insufficient funds checks. Any person who on
25 2 occasions issues or delivers a check or other order to the
26 Office that is not honored by the financial institution upon
27 which it is drawn because of insufficient funds on account
28 shall pay to the Office, in addition to the amount owing upon
29 the check or other order, a fee of $50. If the check or other
30 order was issued or delivered in payment of a renewal fee and
31 the licensee whose license has lapsed continues to practice
32 without paying the renewal fee and the $50 fee required under
33 this Section, an additional fee of $100 is imposed for
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1 practicing without a current license. The Office may revoke
2 or refuse to issue the license or licenses of any person who
3 fails to pay the requisite fees.
4 Section 60. Conditions of renewal; change of address;
5 duplicate license; inspection.
6 (a) As a condition of renewal of a license, the Office
7 may require the licensee to report information pertaining to
8 his or her practice which the Office determines to be in the
9 interest of public safety.
10 (b) A licensee shall report a change in home or office
11 address within 10 days of the change.
12 (c) Each licensee shall prominently display his or her
13 license to practice at each place from which the practice is
14 being performed. If more than one location is used, branch
15 office certificates shall be issued upon payment of a fee to
16 be established by the Office.
17 (d) If a license or certificate is lost, a duplicate
18 shall be issued upon payment of the required fee to be
19 established by the Office. If a licensee wishes to change his
20 or her name, the Office shall issue a license in the new name
21 upon satisfactory proof that the change of name was done in
22 accordance with law and upon payment of the required fee.
23 (e) Each licensee shall permit his or her facilities to
24 be inspected by representatives of the Office.
25 Section 65. Grounds for discipline. Licensees subject to
26 this Act shall conduct their practice in accordance with this
27 Act and the rules promulgated under this Act. Licensees are
28 subject to disciplinary sanctions enumerated in this Act if
29 the State Fire Marshal finds that a licensee is guilty of any
30 of the following:
31 (1) Fraud or material deception in obtaining or renewing
32 a license.
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1 (2) Engaging in dishonorable, unethical, or
2 unprofessional conduct of a character likely to deceive,
3 defraud, or harm the public in the course of professional
4 services or activities.
5 (3) Conviction of any crime that has a substantial
6 relationship to his or her practice or an essential element
7 of which is misstatement, fraud, dishonesty, or conviction in
8 this or another state of any crime that is a felony under the
9 laws of Illinois or conviction of a felony in a federal
10 court, unless the licensee demonstrates that he or she has
11 been sufficiently rehabilitated to warrant the public trust.
12 (4) Performing any service in a grossly negligent manner
13 or permitting any licensed employee to perform a service in a
14 grossly negligent manner, regardless of whether actual damage
15 or damages to the public is established.
16 (5) Habitual drunkenness or habitual addiction to the
17 use of morphine, cocaine, controlled substances, or other
18 habit-forming drugs.
19 (6) Directly or indirectly willfully receiving
20 compensation for any professional service not actually
21 rendered.
22 (7) Having disciplinary action taken against his or her
23 license in another state.
24 (8) Making differential treatment against any person to
25 his or her detriment because of race, color, creed, sex,
26 religion, or national origin.
27 (9) Engaging in unprofessional conduct.
28 (10) Engaging in false or misleading advertising.
29 (11) Contracting or assisting an unlicensed person to
30 perform services for which a license is required under this
31 Act.
32 (12) Permitting the use of his or her license to enable
33 an unlicensed person or agency to operate as a licensee.
34 (13) Performing and charging for a service without
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1 having the authorization to do so from the member of the
2 public being serviced.
3 (14) Failure to comply with any provision of this Act or
4 the rules promulgated under this Act.
5 (15) Conducting business regulated by this Act without a
6 currently valid license.
7 Section 75. Formal charges; hearing.
8 (a) The Office may file formal charges against a
9 licensee. Formal charges, at a minimum, inform the licensee
10 of specific facts that are the basis of the charge to enable
11 the licensee to defend himself or herself.
12 (b) Each licensee whose conduct is the subject of a
13 formal charge that seeks to impose disciplinary action
14 against the licensee shall be served notice of the formal
15 charge at least 30 days before the date of the hearing. The
16 hearing shall be presided over by the Office or a hearing
17 officer authorized by the Office in compliance with the
18 Illinois Administrative Procedure Act. Service shall be
19 considered to have been given if the notice was personally
20 received by the licensee or if the notice was mailed
21 certified, return requested, to the licensee at the
22 licensee's last known address as listed with the Office.
23 (c) The notice of a formal charge shall consist, at a
24 minimum, of the following information:
25 (1) The time and date of the hearing.
26 (2) A statement that the licensee appear
27 personally at the hearing and may be represented by
28 counsel.
29 (3) A statement that the licensee has the right to
30 produce witnesses and evidence in his or her behalf and
31 the right to cross-examine witnesses and evidence
32 produced against him or her,
33 (4) A statement that the hearing can result in
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1 disciplinary action being taken against his or her
2 license.
3 (5) A statement that rules for the conduct of these
4 hearings exist and it may be in his or her best interest
5 to obtain a copy.
6 (6) A statement that the hearing officer authorized
7 by the Office shall preside at the hearing and, following
8 the conclusion of the hearing, make findings of fact,
9 conclusions of law, and recommendations, separately
10 stated, to the Office as to what disciplinary action, if
11 any, should be imposed on the licensee.
12 (7) A statement that the Office may continue the
13 hearing.
14 (d) The Office or the hearing officer authorized by the
15 Office shall hear evidence produced in support of the formal
16 charges and contrary evidence produced by the licensee, if
17 any. If the hearing is conducted by a hearing officer, at the
18 conclusion of the hearing, the hearing officer shall make
19 findings of fact, conclusions of law, and recommendations,
20 separately stated, and submit them to the Office and to all
21 parties to the proceeding. Submission to the licensee shall
22 be considered as having been made if done in a similar
23 fashion as service of the notice of formal charges. Within
24 20 days after the service, any party to the proceeding may
25 present to the Office a motion, in writing, for a rehearing.
26 The written motion shall specify the particular grounds for
27 the rehearing.
28 (e) The Office, following the time allowed for filing a
29 motion for rehearing, shall review the hearing officer's
30 finding of fact, conclusions of law, recommendations, and any
31 motions filed subsequent to the hearing. After review of the
32 information the Office may hear oral arguments and thereafter
33 issue an order. The report of findings of fact, conclusions
34 of law, and recommendations of the hearing officer shall be
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1 the basis for the Office's order. If the Office finds that
2 substantial justice was not done, it may issue an order in
3 contravention of the hearing officer's findings.
4 (f) All proceedings under this Section are matters of
5 public record and shall be preserved.
6 Section 80. Sanctions.
7 (a) The Office shall impose any of the following
8 sanctions, singularly or in combination, when it finds that a
9 licensee is guilty of any offense described in this Act:
10 (1) revocation;
11 (2) suspension for any period of time;
12 (3) reprimand or censure;
13 (4) place on probationary status and require the
14 submission of any of the following:
15 (i) report regularly to the Office upon
16 matters that are the basis of the probation;
17 (ii) continue or renew professional education
18 until a satisfactory degree of skill has been
19 attained in those areas that are the basis of the
20 probation; or
21 (iii) such other reasonable requirements or
22 restrictions as are proper.
23 (5) refuse to issue, renew, or restore; or
24 (6) revoke probation that has been granted and
25 impose any other discipline in this subsection (a) when
26 the requirements of probation have not been fulfilled or
27 have been violated.
28 (b) The State Fire Marshal may summarily suspend a
29 license under this Act, without a hearing, simultaneously
30 with the filing of a formal complaint and notice for a
31 hearing provided under this Section if the State Fire Marshal
32 finds that the continued operations of the individual would
33 constitute an immediate danger to the public. In the event
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1 the State Fire Marshal suspends a license under this
2 subsection, a hearing by the hearing officer designated by
3 the State Fire Marshal shall begin within 20 days after the
4 suspension begins, unless continued at the request of the
5 licensee.
6 (c) Disposition may be made of any formal complaint by
7 consent order between the State Fire Marshal and the
8 licensee, but the Office must be apprised of the full consent
9 order in a timely way.
10 (d) The Office shall reinstate any license to good
11 standing under this Act, upon recommendation to the Office,
12 after a hearing before the hearing officer authorized by the
13 Office. The Office shall be satisfied that the applicant's
14 renewed practice is not contrary to the public interest.
15 (e) The Office may conduct hearings and issue cease and
16 desist orders to persons who engage in activities prohibited
17 by this Act without having a valid license, certificate, or
18 registration. Any person in violation of a cease and desist
19 order entered by the Office is subject to all of the remedies
20 provided by law, and in addition, is subject to a civil
21 penalty payable to the party injured by the violation.
22 Section 85. Subpoena, production of evidence; records;
23 administrative review; license suspension; revocation.
24 (a) The Office has the power to subpoena and bring
25 before it any person in this State and to take testimony
26 either orally or by deposition, or both, with the same fees
27 and mileage and in the same manner as is prescribed by law
28 for judicial proceedings in civil cases. The State Fire
29 Marshal, the Office, and the hearing officer approved by the
30 Office, have the power to administer oaths at any hearing
31 that the Office is authorized to conduct.
32 (b) Any circuit court, upon the application of the
33 licensee, the Office, or the State Fire Marshal, may order
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1 the attendance of witnesses and the production of relevant
2 books and papers in any hearing under this Act. The court may
3 compel obedience to its order by proceedings for contempt.
4 (c) The Office of the State Fire Marshal, at its
5 expense, shall provide a stenographer or a mechanical
6 recording device to record the testimony and preserve a
7 record of all proceedings at the hearing of any case in which
8 a license may be revoked, suspended, placed on probationary
9 status, or other disciplinary action taken with regard to the
10 license. The notice of hearing, complaint, and all other
11 documents in the nature of pleadings and written motions
12 filed in the proceedings, the transcript of testimony, the
13 report of the hearing officer and the orders of the State
14 Fire Marshal shall constitute the record of the proceedings.
15 The Office shall furnish a transcript of the record to any
16 interested person upon payment of the costs of copying and
17 transmitting the record.
18 (d) All final administrative decisions of the Office are
19 subject to judicial review under the Administrative Review
20 Law and the rules adopted under that Law. Proceedings for
21 judicial review shall be commenced in the circuit court of
22 the county in which the party applying for review resides;
23 but if the party is not a resident of Illinois, the venue is
24 in Sangamon County. The State Fire Marshal is not required to
25 certify any record to the court or file any answer in court
26 or otherwise appear in any court in a judicial review
27 proceeding, unless there is filed in the court with the
28 complaint a receipt from the Office acknowledging payment of
29 the costs of furnishing and certifying the record. Those
30 costs shall be computed at the cost of preparing the record.
31 Exhibits shall be certified without cost. Failure on the part
32 of the licensee to file the receipt in court is a ground for
33 dismissal of the action. During all judicial proceedings
34 incident to a disciplinary action, the sanctions imposed upon
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1 the accused by the Office remain in effect, unless the court
2 feels justice requires a stay of the order.
3 (e) An order of revocation, suspension, placing the
4 license on probationary status, or other formal disciplinary
5 action as the State Fire Marshal may consider proper, or a
6 certified copy of the order over the seal of the Office and
7 purporting to be signed by the State Fire Marshal, is prima
8 facie proof that:
9 (1) the signature is that of the State Fire
10 Marshal;
11 (2) the State Fire Marshal is qualified to Act; and
12 (3) the hearing officer is qualified to Act on
13 behalf of the Office.
14 The proof specified in paragraphs (1), (2), and (3) may
15 be rebutted.
16 (f) Upon the suspension or revocation of a license
17 issued under this Act, a licensee shall surrender the license
18 to the Office and upon failure to do so, the Office shall
19 seize the license.
20 (g) The Office, upon request, shall publish a list of
21 the names and addresses of all licensees under the provisions
22 of this Act. The Office shall publish a list of all persons
23 whose licenses have been disciplined within the past year,
24 together with such other information as it may consider Of
25 interest to the public.
26 Section 90. Penalties. Any natural person who violates
27 any of the following provisions is guilty of a Class A
28 misdemeanor for the first offense and a corporation or other
29 entity that violates any of the following provision commits a
30 petty offense punishable by a fine not to exceed $1,000; a
31 second or subsequent offenses in violation of any Section of
32 this Act, including this Section, are Class 4 felonies if
33 committed by a natural person, or a business offense
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1 punishable by a fine of up to $5,000 if committed by a
2 corporation or other business entity:
3 (1) Practicing or attempting to practice as a
4 pyrotechnic operator, pyrotechnic distributor or
5 pyrotechnic displayer without a license;
6 (2) Obtaining or attempting to obtain a license,
7 practice or business, or any other thing of value by
8 fraudulent representation;
9 (3) Permitting, directing, or authorizing any
10 person in one's employ or under one's direction or
11 supervision to work or serve as a licensee if that
12 individual does not possess an appropriate valid license.
13 Whenever any person is punished as a repeat offender
14 under this Section, the Office may proceed to obtain a
15 permanent injunction against the person under Section 10. If
16 any person in making any oath or affidavit required by this
17 Act swears falsely, the person is guilty of perjury and upon
18 conviction may be punished accordingly.
19 Section 905. The Illinois Explosives Act is amended by
20 changing Section 1003 as follows:
21 (225 ILCS 210/1003) (from Ch. 96 1/2, par. 1-1003)
22 Sec. 1003. Definitions. As used in this Act:
23 (a) "Person" means any individual, corporation, company,
24 association, partnership, or other legal entity.
25 (b) "Explosive materials" means explosives, blasting
26 agents, and detonators.
27 (c) "Explosive" means any chemical compound, mixture or
28 device, the primary or common purpose of which is to
29 function by explosion and includes high or low explosives.
30 For purposes of the administration of this Act, the following
31 are not considered explosives: fixed ammunition for small
32 arms, safety fuses, matches, fireworks, theatrical
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1 pyrotechnics, and model rocket fuel. Manufactured articles,
2 including, but not limited to, fixed ammunition for small
3 arms, fire crackers, safety fuses, and matches are not
4 explosives when the individual units contain explosives in
5 such limited quantity and of such nature or in such packing
6 that it is impossible to produce a simultaneous or a
7 destructive explosion of such units which would be injurious
8 to life, limb or property.
9 (d) "Blasting agent" means any material or mixture
10 consisting of a fuel and oxidizer intended for blasting, not
11 otherwise defined as an explosive, provided that the
12 finished product, as mixed and packaged for use or shipment,
13 cannot be detonated by means of a No. 8 blasting cap, as
14 defined by the Bureau of Alcohol, Tobacco and Firearms, U.S.
15 Department of Treasury, when unconfined.
16 (e) "Detonator" means any device containing any
17 initiating or primary explosive that is used for initiating
18 detonation. A detonator may not contain more than 10 grams
19 of total explosives by weight, excluding ignition or delay
20 charges.
21 (f) "Highway" means any public street, public highway,
22 or public alley.
23 (g) "Railroad" or "railway" means any public steam,
24 electric or other railroad or rail system which carries
25 passengers for hire, but shall not include auxiliary tracks,
26 spurs and sidings installed and primarily used in serving any
27 mine, quarry or plant.
28 (h) "Building" means and includes any building regularly
29 occupied, in whole or in part, as a habitation for human
30 beings, and any church, schoolhouse, railway station or other
31 building where people are accustomed to assemble, but does
32 not mean or include any buildings of a mine or quarry or any
33 of the buildings of a manufacturing plant where the business
34 of manufacturing explosive materials is conducted.
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1 (i) "Factory building" means any building or other
2 structure in which the manufacture or any part of the
3 manufacture of explosive materials is conducted.
4 (j) "Magazine" means any building or other structure or
5 container, other than a factory building, used to store
6 explosive materials. Where mobile or portable type 5
7 magazines are permissible and used, "magazine", for the
8 purpose of obtaining certificates and calculating fees, means
9 the site on which such magazines are located.
10 (k) "Magazine keeper" means a qualified supervisory
11 person responsible for the inventory and safe storage of
12 explosive materials, including the proper maintenance of
13 explosive materials, storage magazines and surrounding areas.
14 (l) "Black powder" means a deflagrating or low
15 explosive compound of an intimate mixture of sulfur, charcoal
16 and an alkali nitrate, usually potassium or sodium nitrate.
17 (m) "Municipality" includes cities, villages, and
18 incorporated towns and townships.
19 (n) "Fugitive from justice" means any individual who has
20 fled from the jurisdiction of any court of record to avoid
21 prosecution for any crime or to avoid giving testimony in
22 any criminal proceeding. This term shall also include any
23 individual who has been convicted of any crime and has fled
24 to avoid imprisonment.
25 (o) "Department" means the Department of Natural
26 Resources.
27 (p) "Small arms" means guns of 50 calibers or less.
28 (q) "Director" means the Director of Natural Resources.
29 (r) "Storage certificate" means the certificate issued
30 by the Department under Article 3 of this Act that authorizes
31 the holder to store explosive materials in the magazine for
32 which the certificate is issued.
33 (s) "License" means that license issued by the
34 Department under Article 2 of this Act authorizing the holder
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1 to possess, use, purchase, transfer or dispose of, but not to
2 store, explosive materials.
3 (Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)
4 Section 910. The Fireworks Use Act is amended by changing
5 Section 2 as follows:
6 (425 ILCS 35/2) (from Ch. 127 1/2, par. 128)
7 Sec. 2. Except as hereinafter provided it shall be
8 unlawful for any person, firm, co-partnership, or corporation
9 to knowingly possess, offer for sale, expose for sale, sell
10 at retail, or use or explode any fireworks; provided that
11 city councils in cities, the president and board of trustees
12 in villages and incorporated towns, and outside the corporate
13 limits of cities, villages and incorporated towns, the county
14 board, shall have power to adopt reasonable rules and
15 regulations for the granting of permits for supervised public
16 displays of fireworks. Every such display shall be handled by
17 a competent individual who is licensed as a pyrotechnics
18 displayer and pyrotechnic operator designated by the local
19 authorities herein specified and shall be of such a character
20 and so located, discharged or fired, as not to be hazardous
21 to property or endanger any person or persons. Application
22 for permits shall be made in writing at least 15 days in
23 advance of the date of the display and action shall be taken
24 on such application within 48 hours after such application is
25 made. After such privilege shall have been granted, sales,
26 possession, use and distribution of fireworks for such
27 display shall be lawful for that purpose only. No permit
28 granted hereunder shall be transferable.
29 Permits may be granted hereunder to any groups of 3 or
30 more adult individuals applying therefor. No permit shall be
31 required, under the provisions of this Act, for supervised
32 public displays by State or County fair associations.
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1 The governing body shall require proof of insurance a
2 bond from the licensee in a sum not less than $2,000,000
3 $1,000 conditioned on compliance with the provisions of this
4 law and the regulations of the State Fire Marshal adopted
5 hereunder, except that no municipality shall be required to
6 provide evidence of insurance file such bond.
7 Such permit shall be issued only after inspection of the
8 display site by the issuing officer, to determine that such
9 display shall not be hazardous to property or endanger any
10 person or persons. Forms for such application and permit may
11 be obtained from the Office of the State Fire Marshal. One
12 copy of such permit shall be on file with the issuing
13 officer, and one copy forwarded to the Office of the State
14 Fire Marshal.
15 Possession by any party holding a certificate of
16 registration under "The Fireworks Regulation Act of
17 Illinois", filed July 20, 1935, or by any employee or agent
18 of such party or by any person transporting fireworks for
19 such party, shall not be a violation, provided such
20 possession is within the scope of business of the fireworks
21 plant registered under that Act.
22 (Source: P.A. 86-1028.)".