Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB1256 Introduced / Bill

Filed 02/03/2023

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1256 Introduced 2/3/2023, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED:   425 ILCS 30/2 from Ch. 127 1/2, par. 102  425 ILCS 35/1 from Ch. 127 1/2, par. 127   Amends the Fireworks Regulation Act of Illinois and the Pyrotechnic Use Act. Provides that "fireworks" and "consumer fireworks" do not include handheld or ground-based sparklers that are nonexplosive and nonaerial, sometimes producing a crackling or whistling effect, and containing 75 grams or less of pyrotechnic composition per tube or a total of 500 grams or less for multiple tubes (rather than only sparklers) or wood stick or wire sparklers containing not more than 100 grams of pyrotechnic mixture per item. Effective January 1, 2024.  LRB103 28604 CPF 54985 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1256 Introduced 2/3/2023, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED:  425 ILCS 30/2 from Ch. 127 1/2, par. 102  425 ILCS 35/1 from Ch. 127 1/2, par. 127 425 ILCS 30/2 from Ch. 127 1/2, par. 102 425 ILCS 35/1 from Ch. 127 1/2, par. 127 Amends the Fireworks Regulation Act of Illinois and the Pyrotechnic Use Act. Provides that "fireworks" and "consumer fireworks" do not include handheld or ground-based sparklers that are nonexplosive and nonaerial, sometimes producing a crackling or whistling effect, and containing 75 grams or less of pyrotechnic composition per tube or a total of 500 grams or less for multiple tubes (rather than only sparklers) or wood stick or wire sparklers containing not more than 100 grams of pyrotechnic mixture per item. Effective January 1, 2024.  LRB103 28604 CPF 54985 b     LRB103 28604 CPF 54985 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1256 Introduced 2/3/2023, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED:
425 ILCS 30/2 from Ch. 127 1/2, par. 102  425 ILCS 35/1 from Ch. 127 1/2, par. 127 425 ILCS 30/2 from Ch. 127 1/2, par. 102 425 ILCS 35/1 from Ch. 127 1/2, par. 127
425 ILCS 30/2 from Ch. 127 1/2, par. 102
425 ILCS 35/1 from Ch. 127 1/2, par. 127
Amends the Fireworks Regulation Act of Illinois and the Pyrotechnic Use Act. Provides that "fireworks" and "consumer fireworks" do not include handheld or ground-based sparklers that are nonexplosive and nonaerial, sometimes producing a crackling or whistling effect, and containing 75 grams or less of pyrotechnic composition per tube or a total of 500 grams or less for multiple tubes (rather than only sparklers) or wood stick or wire sparklers containing not more than 100 grams of pyrotechnic mixture per item. Effective January 1, 2024.
LRB103 28604 CPF 54985 b     LRB103 28604 CPF 54985 b
    LRB103 28604 CPF 54985 b
A BILL FOR
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  SB1256  LRB103 28604 CPF 54985 b
1  AN ACT concerning safety.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Fireworks Regulation Act of Illinois is
5  amended by changing Section 2 as follows:
6  (425 ILCS 30/2) (from Ch. 127 1/2, par. 102)
7  Sec. 2.  The following words and phrases, when used in this
8  Act, shall for the purpose of this Act have the following
9  definition and meaning:
10  (a) The term fireworks shall mean and include any
11  explosive composition or any substance or combination of
12  substances, or article prepared for the purpose of producing a
13  visible or audible effect of a temporary exhibitional nature
14  by explosion, combustion, deflagration or detonation, and
15  shall include blank cartridges, toy cannons in which
16  explosives are used, the type of balloons which require fire
17  underneath to propel the same, firecrackers, torpedoes, sky
18  rockets, Roman candles, bombs or other fireworks of like
19  construction and any fireworks containing any explosive
20  compound; or any tablets or other device containing any
21  explosive substance, or containing combustible substances
22  producing visual effects. The term "fireworks" shall not
23  include snake or glow worm pellets; smoke devices; handheld or

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1256 Introduced 2/3/2023, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED:
425 ILCS 30/2 from Ch. 127 1/2, par. 102  425 ILCS 35/1 from Ch. 127 1/2, par. 127 425 ILCS 30/2 from Ch. 127 1/2, par. 102 425 ILCS 35/1 from Ch. 127 1/2, par. 127
425 ILCS 30/2 from Ch. 127 1/2, par. 102
425 ILCS 35/1 from Ch. 127 1/2, par. 127
Amends the Fireworks Regulation Act of Illinois and the Pyrotechnic Use Act. Provides that "fireworks" and "consumer fireworks" do not include handheld or ground-based sparklers that are nonexplosive and nonaerial, sometimes producing a crackling or whistling effect, and containing 75 grams or less of pyrotechnic composition per tube or a total of 500 grams or less for multiple tubes (rather than only sparklers) or wood stick or wire sparklers containing not more than 100 grams of pyrotechnic mixture per item. Effective January 1, 2024.
LRB103 28604 CPF 54985 b     LRB103 28604 CPF 54985 b
    LRB103 28604 CPF 54985 b
A BILL FOR

 

 

425 ILCS 30/2 from Ch. 127 1/2, par. 102
425 ILCS 35/1 from Ch. 127 1/2, par. 127



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1  ground-based sparklers that are nonexplosive and nonaerial,
2  that may produce a crackling or whistling effect, and that
3  contain 75 grams or less of pyrotechnic composition per tube
4  or a total of 500 grams or less for multiple tubes; trick
5  noisemakers known as "party poppers", "booby traps",
6  "snappers", "trick matches", "cigarette loads" and "auto
7  burglar alarms"; toy pistols, toy canes, toy guns, or other
8  devices in which paper or plastic caps containing twenty-five
9  hundredths grains or less of explosive compound are used,
10  provided they are so constructed that the hand cannot come in
11  contact with the cap when in place for the explosion; wood
12  stick or wire sparklers that contain not more than 100 grams of
13  pyrotechnic mixture per item; and toy pistol paper or plastic
14  caps which contain less than twenty-five hundredths grains of
15  explosive mixture; the sale and use of which shall be
16  permitted at all times.
17  (b) The term "fireworks plant" shall mean and include all
18  lands, with buildings thereon, used in connection with the
19  manufacture or processing of fireworks, as well as storehouses
20  located thereon for the storage of finished fireworks.
21  (c) The term "fireworks factory building" shall mean any
22  building or other structure in which the manufacture of
23  fireworks, or in which any processing involving fireworks is
24  carried on.
25  (d) The term "magazine" shall mean any building or other
26  structure used for the storage of explosive raw materials used

 

 

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1  in the manufacture of fireworks.
2  (e) The term "Office" shall mean the Office of the State
3  Fire Marshal.
4  (Source: P.A. 83-474.)
5  Section 10. The Pyrotechnic Use Act is amended by changing
6  Section 1 as follows:
7  (425 ILCS 35/1) (from Ch. 127 1/2, par. 127)
8  Sec. 1. Definitions. As used in this Act, the following
9  words shall have the following meanings:
10  "1.3G fireworks" means those fireworks used for
11  professional outdoor displays and classified as fireworks
12  UN0333, UN0334, or UN0335 by the United States Department of
13  Transportation under 49 C.F.R. 172.101.
14  "Consumer distributor" means any person who distributes,
15  offers for sale, sells, or exchanges for consideration
16  consumer fireworks in Illinois to another distributor or
17  directly to any retailer or person for resale.
18  "Consumer fireworks" means those fireworks that must
19  comply with the construction, chemical composition, and
20  labeling regulations of the U.S. Consumer Products Safety
21  Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and
22  classified as fireworks UN0336 or UN0337 by the United States
23  Department of Transportation under 49 C.F.R. 172.101.
24  "Consumer fireworks" shall not include snake or glow worm

 

 

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1  pellets; smoke devices; trick noisemakers known as "party
2  poppers", "booby traps", "snappers", "trick matches",
3  "cigarette loads", and "auto burglar alarms"; handheld or
4  ground-based sparklers that are nonexplosive and nonaerial,
5  that produce a crackling or whistling effect, and that contain
6  75 grams or less of pyrotechnic composition per tube or a total
7  of 500 grams or less for multiple tubes; toy pistols, toy
8  canes, toy guns, or other devices in which paper or plastic
9  caps containing twenty-five hundredths grains or less of
10  explosive compound are used, provided they are so constructed
11  that the hand cannot come in contact with the cap when in place
12  for the explosion; wood stick or wire sparklers that contain
13  not more than 100 grams of pyrotechnic mixture per item; and
14  toy pistol paper or plastic caps that contain less than twenty
15  hundredths grains of explosive mixture; the sale and use of
16  which shall be permitted at all times.
17  "Consumer fireworks display" or "consumer display" means
18  the detonation, ignition, or deflagration of consumer
19  fireworks to produce a visual or audible effect.
20  "Consumer operator" means an adult individual who is
21  responsible for the safety, setup, and discharge of the
22  consumer fireworks display and who has completed the training
23  required in Section 2.2 of this Act.
24  "Consumer retailer" means any person who offers for sale,
25  sells, or exchanges for consideration consumer fireworks in
26  Illinois directly to any person with a consumer display

 

 

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1  permit.
2  "Display fireworks" means 1.3G or special effects
3  fireworks or as further defined in the Pyrotechnic Distributor
4  and Operator Licensing Act.
5  "Flame effect" means the detonation, ignition, or
6  deflagration of flammable gases, liquids, or special materials
7  to produce a thermal, physical, visual, or audible effect
8  before the public, invitees, or licensees, regardless of
9  whether admission is charged, in accordance with National Fire
10  Protection Association 160 guidelines, and as may be further
11  defined in the Pyrotechnic Distributor and Operator Licensing
12  Act.
13  "Lead pyrotechnic operator" means an individual who is
14  responsible for the safety, setup, and discharge of the
15  pyrotechnic display or pyrotechnic service and who is licensed
16  pursuant to the Pyrotechnic Distributor and Operator Licensing
17  Act.
18  "Person" means an individual, firm, corporation,
19  association, partnership, company, consortium, joint venture,
20  commercial entity, state, municipality, or political
21  subdivision of a state or any agency, department, or
22  instrumentality of the United States and any officer, agent,
23  or employee of these entities.
24  "Production company" means any person in the film, digital
25  and video media, television, commercial, music, or theatrical
26  stage industry who provides pyrotechnic services or

 

 

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1  pyrotechnic display services as part of a film, digital and
2  video media, television, commercial, music, or theatrical
3  production in the State of Illinois and is licensed by the
4  Office pursuant to the Pyrotechnic Distributor and Operator
5  Licensing Act.
6  "Pyrotechnic display" means the detonation, ignition, or
7  deflagration of display fireworks or flame effects to produce
8  visual or audible effects of an exhibitional nature before the
9  public, invitees, or licensees, regardless of whether
10  admission is charged, and as may be further defined in the
11  Pyrotechnic Distributor and Operator Licensing Act.
12  "Pyrotechnic distributor" means any person who distributes
13  display fireworks for sale in the State of Illinois or
14  provides them as part of a pyrotechnic display service in the
15  State of Illinois or provides only pyrotechnic services and is
16  licensed by the Office pursuant to the Pyrotechnic Distributor
17  and Operator Licensing Act.
18  "Pyrotechnic service" means the detonation, ignition, or
19  deflagration of display fireworks, special effects, or flame
20  effects to produce a visual or audible effect.
21  "Special effects fireworks" means pyrotechnic devices used
22  for special effects by professionals in the performing arts in
23  conjunction with theatrical, musical, or other productions
24  that are similar to consumer fireworks in chemical
25  compositions and construction, but are not intended for
26  consumer use and are not labeled as such or identified as

 

 

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1  "intended for indoor use". "Special effects fireworks" are
2  classified as fireworks UN0431 or UN0432 by the United States
3  Department of Transportation under 49 C.F.R. 172.101.
4  (Source: P.A. 99-642, eff. 7-28-16.)
5  Section 99. Effective date. This Act takes effect January
6  1, 2024.

 

 

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