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Public Act 096-1174


 

Public Act 1174 96TH GENERAL ASSEMBLY



 


 
Public Act 096-1174
 
HB5139 EnrolledLRB096 16501 DRJ 34420 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Retail
Sale and Distribution of Novelty Lighters Prohibition Act.
 
    Section 5. Findings. The General Assembly finds that
novelty lighters have features that are attractive to children,
including visual effects, flashing lights, musical sounds, and
toy-like designs. Thousands of novelty lighters have been
recalled because of the danger they present to public safety.
The setting of fires by juveniles has been identified as the
fastest growing fire threat in the United States, with more
than 300 people killed annually, 30% of whom are children, and
almost $1 billion in property has been destroyed.
 
    Section 10. Definition. For the purposes of this Act,
"novelty lighter" means a mechanical or electrical device
typically used for lighting cigarettes, cigars, or pipes that
is designed to resemble a cartoon character, toy, gun, watch,
musical instrument, vehicle, animal, food or beverage, or
similar articles, or that plays musical notes, or has flashing
lights, or has other entertaining features. A novelty lighter
may operate on any fuel, including butane, isobutene, or liquid
fuel. "Novelty lighter" does not include any of the following:
        (1) A lighter manufactured before January 1, 1980.
        (2) A lighter incapable of being fueled or lacking a
    device necessary to produce combustion or a flame.
        (3) Any mechanical or electrical device primarily used
    to ignite fuel for fireplaces or for charcoal or gas
    grills.
        (4) Standard disposable and refillable lighters that
    are printed or decorated with logos, labels, decals, or
    artwork, or heat-shrinkable sleeves.
 
    Section 15. Prohibition against novelty lighters. A person
may not sell at retail or distribute for retail sale in this
State a novelty lighter. The prohibition specified in this
Section does not apply to the transportation of novelty
lighters through this State or the storage of novelty lighters
in a warehouse or distribution center in this State that is
closed to the public for purposes of retail sales.
 
    Section 20. Violation. A violation of Section 15 is a
petty offense, for which a fine not to exceed $500 for each
offense may be imposed. Each day that a person violates Section
15 is a separate offense. A person who is employed as a clerk
by a retail establishment shall not be in violation of this Act
unless he or she sells a novelty lighter with the intent to
violate this Act.
 
    Section 25. Enforcement. This Act may be enforced by the
Office of the State Fire Marshal, by a State, county, or
municipal law enforcement officer, or by a municipal code
enforcement officer.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 07/22/2010