SB1965 97TH GENERAL ASSEMBLY

LRB097 08467 JDS 48594 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1965

Introduced 2/10/2011, by Sen. Edward D. Maloney

SYNOPSIS AS INTRODUCED:

425 ILCS 35/1	from Ch. 127 1/2, par. 127
425 ILCS 35/6 new

Amends the Fireworks Use Act. Provides that, after January 1, 2012, all commercial advertising for consumer fireworks must bear a specified warning. Requires warnings in various media to meet specific requirements. Provides a $1,000 per-day fine for violations. Authorizes the Attorney General to seek injunctive relief and to impose and collect civil penalties. Defines "advertiser" and "advertising mediums".

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Fireworks Use Act is amended by changing Section 1 and by adding Section 6 as follows:

(425 ILCS 35/1) (from Ch. 127 1/2, par. 127)

Sec. 1. Definitions. As used in this Act, the following words shall have the following meanings:

"Advertiser" means a fireworks company purchasing an advertisement on an advertising medium.

"Advertising mediums" means billboards, radio, television, and print advertising (including advertising by means of direct mail).

"1.3G fireworks" means those fireworks used for professional outdoor displays and classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation under 49 C.F.R. 172.101.

"Consumer distributor" means any person who distributes, offers for sale, sells, or exchanges for consideration consumer fireworks in Illinois to another distributor or directly to any retailer or person for resale.

"Consumer fireworks" means those fireworks that must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Products Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and classified as fireworks UN0336 or UN0337 by the United States Department of Transportation under 49 C.F.R. 172.101. "Consumer fireworks" shall not include snake or glow worm pellets; smoke devices; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads", and "auto burglar alarms"; sparklers; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps that contain less than twenty hundredths grains of explosive mixture; the sale and use of which shall be permitted at all times.

"Consumer fireworks display" or "consumer display" means the detonation, ignition, or deflagration of consumer fireworks to produce a visual or audible effect.

"Consumer operator" means an adult individual who is responsible for the safety, setup, and discharge of the consumer fireworks display and who has completed the training required in Section 2.2 of this Act.

"Consumer retailer" means any person who offers for sale, sells, or exchanges for consideration consumer fireworks in Illinois directly to any person with a consumer display permit.

"Display fireworks" means 1.3G or special effects fireworks or as further defined in the Pyrotechnic Distributor and Operator Licensing Act.

"Flame effect" means the detonation, ignition, or deflagration of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether admission is charged, in accordance with National Fire Protection Association 160 guidelines, and as may be further defined in the Pyrotechnic Distributor and Operator Licensing Act.

"Lead pyrotechnic operator" means an individual who is responsible for the safety, setup, and discharge of the pyrotechnic display or pyrotechnic service and who is licensed pursuant to the Pyrotechnic Distributor and Operator Licensing Act.

"Person" means an individual, firm, corporation, association, partnership, company, consortium, joint venture, commercial entity, state, municipality, or political subdivision of a state or any agency, department, or instrumentality of the United States and any officer, agent, or employee of these entities.

"Production company" means any person in the film, digital and video media, television, commercial, and theatrical stage industry who provides pyrotechnic services or pyrotechnic display services as part of a film, digital and video media, television, commercial, or theatrical production in the State of Illinois and is licensed by the Office pursuant to the Pyrotechnic Distributor and Operator Licensing Act.

"Pyrotechnic display" means the detonation, ignition, or deflagration of display fireworks or flame effects to produce visual or audible effects of a exhibitional nature before the public, invitees, or licensees, regardless of whether admission is charged, and as may be further defined in the Pyrotechnic Distributor and Operator Licensing Act.

"Pyrotechnic distributor" means any person who distributes display fireworks for sale in the State of Illinois or provides them as part of a pyrotechnic display service in the State of Illinois or provides only pyrotechnic services and is licensed by the Office pursuant to the Pyrotechnic Distributor and Operator Licensing Act.

"Pyrotechnic service" means the detonation, ignition or deflagration of display fireworks, special effects or flame effects to produce a visual or audible effect.

"Special effects fireworks" means pyrotechnic devices used for special effects by professionals in the performing arts in conjunction with theatrical, musical, or other productions that are similar to consumer fireworks in chemical compositions and construction, but are not intended for consumer use and are not labeled as such or identified as "intended for indoor use". "Special effects fireworks" are classified as fireworks UN0431 or UN0432 by the United States Department of Transportation under 49 C.F.R. 172.101.

(Source: P.A. 95-331, eff. 8-21-07; 96-708, eff. 8-25-09.)

(425 ILCS 35/6 new)

Sec. 6. Advertising of fireworks.

(a) After January 1, 2012, all commercial advertising mediums by consumer fireworks retailers shall bear the following statement:

WARNING: IL Law Prohibits the Possession of Certain Fireworks Without a Proper Permit. Check with Law Enforcement Prior to Purchase.

(b) Such warning on billboards shall appear in the format and type style prescribed under 15 U.S.C. 1333 (b)(3), as amended, or under Section 201 of the federal Family Smoking Prevention and Tobacco Control Act (Public Law 111-31), as amended.

(c) Such warning in print shall appear in the format and type style prescribed under Section 201 of the federal Family Smoking Prevention and Tobacco Control Act (Public Law 111-31), as amended.

(d) Such warning in broadcast shall be verbal, clear, and concise.

(e) Any advertiser whose advertisement does not conform to the provisions of this Section shall be subject to a fine not to exceed $1,000 per day.

(f) The Attorney General may bring an action for the enforcement of this Section and the rules adopted and orders issued under this Section, in the name of the People of the State of Illinois, and may, in addition to other remedies provided in this Act, bring an action for a temporary restraining order, preliminary injunction, or an injunction to restrain any actual or threatened violation or to impose or collect a civil penalty for any violation.