State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 003 ][ Senate Amendment 001 ]


92_SB2232ham002

 










                                           LRB9216004DJgcam03

 1                    AMENDMENT TO SENATE BILL 2232

 2        AMENDMENT NO.     .  Amend Senate Bill 2232, AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Fireworks Regulation Act of Illinois  is
 6    amended by changing Sections 2 and 24 as follows:

 7        (425 ILCS 30/2) (from Ch. 127 1/2, par. 102)
 8        Sec.  2.   The  following words and phrases, when used in
 9    this Act,  shall  for  the  purpose  of  this  Act  have  the
10    following definition and meaning:
11        (a)  The  term  fireworks  shall  mean  and  include  any
12    explosive  composition  or  any  substance  or combination of
13    substances, or article prepared for the purpose of  producing
14    a  visible  or audible effect (i) of a temporary exhibitional
15    nature, or (ii) for use in a  migratory  waterfowl  or  other
16    bird  depredation  program approved by the United States Fish
17    and  Wildlife  Service,  the  United  States  Department   of
18    Agriculture,  or  the  Department  of  Natural  Resources, by
19    explosion, combustion, deflagration or detonation, and  shall
20    include blank cartridges, toy cannons in which explosives are
21    used,  the  type of balloons which require fire underneath to
22    propel the same, firecrackers, torpedoes, sky rockets,  Roman
 
                            -2-            LRB9216004DJgcam03
 1    candles,  bombs  or  other fireworks of like construction and
 2    any fireworks  containing  any  explosive  compound;  or  any
 3    tablets  or  other device containing any explosive substance,
 4    or  containing  combustible   substances   producing   visual
 5    effects. The term "fireworks" shall not include snake or glow
 6    worm  pellets;  smoke  devices;  sparklers; trick noisemakers
 7    known as "party poppers", "booby traps",  "snappers",  "trick
 8    matches",  "cigarette  loads"  and "auto burglar alarms"; toy
 9    pistols, toy canes, toy guns, or other devices in which paper
10    or plastic caps containing twenty-five hundredths  grains  or
11    less  of  explosive  compound  are used, provided they are so
12    constructed that the hand cannot come in contact with the cap
13    when in place for the explosion;  and  toy  pistol  paper  or
14    plastic  caps  which contain less than twenty-five hundredths
15    grains of explosive mixture; the sale and use of which  shall
16    be permitted at all times.
17        (b)  The  term  "fireworks  plant" shall mean and include
18    all lands, with buildings thereon, used  in  connection  with
19    the  manufacture  or  processing  of  fireworks,  as  well as
20    storehouses located  thereon  for  the  storage  of  finished
21    fireworks.
22        (c)  The term "fireworks factory building" shall mean any
23    building  or  other  structure  in  which  the manufacture of
24    fireworks, or in which any processing involving fireworks  is
25    carried on.
26        (d)  The term "magazine" shall mean any building or other
27    structure  used  for  the  storage of explosive raw materials
28    used in the manufacture of fireworks.
29        (e)  The term "Office" shall mean the Office of the State
30    Fire Marshal.
31    (Source: P.A. 83-474.)

32        (425 ILCS 30/24) (from Ch. 127 1/2, par. 124)
33        Sec. 24. Local powers; severability.
 
                            -3-            LRB9216004DJgcam03
 1        (a)  Except as provided in subsection (b), the provisions
 2    of this Act shall not be construed or held to abrogate or  in
 3    any   way   affect   the   power  of  cities,  villages,  and
 4    incorporated towns to regulate, restrain and prohibit the use
 5    of  fireworks,  firecrackers,   torpedoes,   Roman   candles,
 6    skyrockets   and  other  pyrotechnic  displays  within  their
 7    corporate limits.
 8        (b)  Notwithstanding any other provision of this  Act,  a
 9    local  governmental  unit,  other than a municipality of over
10    2,000,000 inhabitants, may not prohibit or otherwise regulate
11    the use of fireworks in a migratory waterfowl or  other  bird
12    depredation  program  approved  by the United States Fish and
13    Wildlife   Service,   the   United   States   Department   of
14    Agriculture, or the Department  of  Natural  Resources  in  a
15    manner  more  restrictive than the regulation by the State of
16    the use of fireworks under this amendatory Act  of  the  92nd
17    General Assembly.
18        (c)  The  sections  of  this  Act  and every part of such
19    sections are hereby declared to be independent  sections  and
20    parts  of sections, and the invalidity of any section or part
21    thereof shall not affect any  other  section  or  part  of  a
22    section.
23    (Source: Laws 1935, p. 881.)

24        Section 10.  The Fireworks Use Act is amended by changing
25    Sections 1 and 2 as follows:

26        (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
27        Sec.  1.   The  term fireworks shall mean and include any
28    explosive composition, or any  substance  or  combination  of
29    substances,  or article prepared for the purpose of producing
30    a visible or audible effect (i) of a  temporary  exhibitional
31    nature,  or  (ii)  for  use in a migratory waterfowl or other
32    bird depredation program approved by the United  States  Fish
 
                            -4-            LRB9216004DJgcam03
 1    and   Wildlife  Service,  the  United  States  Department  of
 2    Agriculture, or  the  Department  of  Natural  Resources,  by
 3    explosion,  combustion, deflagration or detonation, and shall
 4    include blank cartridges, toy cannons,  in  which  explosives
 5    are  used, the type of balloons which require fire underneath
 6    to propel  the  same,  firecrackers,  torpedoes,  skyrockets,
 7    Roman candles, bombs, or other fireworks of like construction
 8    and  any  fireworks containing any explosive compound, or any
 9    tablets or other device containing any  explosive  substance,
10    or   containing   combustible   substances  producing  visual
11    effects: provided, however, that the term  "fireworks"  shall
12    not  include snake or glow worm pellets; smoke devices; trick
13    noisemakers  known  as  "party   poppers",   "booby   traps",
14    "snappers",  "trick  matches",  "cigarette  loads"  and "auto
15    burglar alarms"; sparklers; toy pistols, toy canes, toy guns,
16    or other devices in which paper or  plastic  caps  containing
17    twenty-five  hundredths  grains or less of explosive compound
18    are used, providing they are so  constructed  that  the  hand
19    cannot  come  in  contact  with the cap when in place for the
20    explosion; and toy pistol paper or plastic caps which contain
21    less than twenty hundredths grains of explosive mixture;  the
22    sale and use of which shall be permitted at all times.
23    (Source: P.A. 83-474.)

24        (425 ILCS 35/2) (from Ch. 127 1/2, par. 128)
25        Sec.   2.    Possession,   sale,   or  use  of  fireworks
26    prohibited; local permits.
27        (a)  Except as hereinafter provided it shall be  unlawful
28    for  any  person,  firm,  co-partnership,  or  corporation to
29    knowingly possess, offer for sale, expose for sale,  sell  at
30    retail,  or  use or explode any fireworks; provided that city
31    councils in cities, the president and board  of  trustees  in
32    villages  and  incorporated  towns, and outside the corporate
33    limits of cities, villages and incorporated towns, the county
 
                            -5-            LRB9216004DJgcam03
 1    board,  shall  have  power  to  adopt  reasonable  rules  and
 2    regulations for the granting of permits for supervised public
 3    displays of fireworks. Every such display shall be handled by
 4    a competent individual designated by  the  local  authorities
 5    herein  specified  and  shall  be  of such a character and so
 6    located, discharged or fired,  as  not  to  be  hazardous  to
 7    property  or  endanger any person or persons. Application for
 8    permits shall be made in writing at least 15 days in  advance
 9    of  the date of the display and action shall be taken on such
10    application within 48 hours after such application  is  made.
11    After   such   privilege  shall  have  been  granted,  sales,
12    possession,  use  and  distribution  of  fireworks  for  such
13    display shall be lawful for  that  purpose  only.  No  permit
14    granted hereunder shall be transferable.
15        Permits  may  be  granted hereunder to any groups of 3 or
16    more adult individuals applying therefor. No permit shall  be
17    required,  under  the  provisions of this Act, for supervised
18    public displays by State or County fair associations.
19        The governing body shall require a bond from the licensee
20    in a sum not less than $1,000 conditioned on compliance  with
21    the  provisions  of this law and the regulations of the State
22    Fire Marshal adopted hereunder, except that  no  municipality
23    shall be required to file such bond.
24        Such  permit shall be issued only after inspection of the
25    display site by the issuing officer, to determine  that  such
26    display  shall  not  be hazardous to property or endanger any
27    person or persons.  Forms for such application and permit may
28    be obtained from the Office of the State Fire  Marshal.   One
29    copy  of  such  permit  shall  be  on  file  with the issuing
30    officer, and one copy forwarded to the Office  of  the  State
31    Fire Marshal.
32        (b)  Possession  by  any  party  holding a certificate of
33    registration  under  "The   Fireworks   Regulation   Act   of
34    Illinois",  filed  July 20, 1935, or by any employee or agent
 
                            -6-            LRB9216004DJgcam03
 1    of such party or by any  person  transporting  fireworks  for
 2    such   party,   shall  not  be  a  violation,  provided  such
 3    possession is within the scope of business of  the  fireworks
 4    plant registered under that Act.
 5        (c)  It  is  not a violation of this Act for a person (i)
 6    to use fireworks in  a  migratory  waterfowl  or  other  bird
 7    depredation  program  approved  by the United States Fish and
 8    Wildlife   Service,   the   United   States   Department   of
 9    Agriculture, or the Department of Natural Resources, or  (ii)
10    to  possess  fireworks  for  that  use, or (iii) to offer for
11    sale, expose for sale, or sell fireworks to a person for that
12    use. Notwithstanding any other provision of this Act, a local
13    governmental, other than a  municipality  of  over  2,000,000
14    inhabitants,  unit may not prohibit or otherwise regulate the
15    use of fireworks in  a  migratory  waterfowl  or  other  bird
16    depredation  program  approved  by the United States Fish and
17    Wildlife   Service,   the   United   States   Department   of
18    Agriculture, or the Department  of  Natural  Resources  in  a
19    manner  more  restrictive than the regulation by the State of
20    the use of fireworks under this amendatory Act  of  the  92nd
21    General Assembly.
22    (Source: P.A. 86-1028.)

23        Section  99.  Effective date.  This Act takes effect upon
24    becoming law.".

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