96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2180


 
Introduced 2/20/2009, by Sen. Michael Noland
 
SYNOPSIS AS INTRODUCED:
 		













New Act










    Creates the Retail Sale and Distribution of Novelty Lighters Prohibition Act. Defines a "novelty lighter" as a mechanical or electrical device typically used for lighting cigarettes, cigars, or pipes that is designed to appear to be a toy, features a flashing light, or makes musical sounds. Prohibits the sale and distribution of novelty lighters. Sets forth exceptions to the prohibition. Imposes a petty offense of not to exceed $500 for each violation. Effective immediately.
















LRB096 04327 RLJ 14373 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2180

LRB096 04327 RLJ 14373 b






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    AN ACT concerning novelty lighters.

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


 
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    Section 1. Short title. This Act may be cited as the Retail 
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Sale and Distribution of Novelty Lighters Prohibition Act.
 
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    Section 5. Findings. The General Assembly finds that 
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novelty lighters have features that are attractive to children, 
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including visual effects, flashing lights, musical sounds, and 
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toy-like designs. The federal Consumer Product Safety 
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Commission has recalled thousands of novelty lighters because 
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of the danger they present to public safety.  The setting of 
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fires by juveniles has been identified as the fastest growing 
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fire threat in the United States, with more than 300 people 
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killed annually, 30% of whom are children, and almost $1 
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billion in property has been destroyed.
 
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    Section 10. Definition. For the purposes of this Section, 
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"novelty lighter" means a mechanical or electrical device 
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typically used for lighting cigarettes, cigars, or pipes that 
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is designed to appear to be a toy, features a flashing light, 
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or makes musical sounds. The term includes but is not limited 
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to lighters that resemble cartoon characters, toys, guns, 
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watches, musical instruments, vehicles, toy animals, food, or 
 


 






SB2180
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LRB096 04327 RLJ 14373 b




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beverages.  "Novelty lighter" does not include (i) a lighter 
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manufactured before January 1, 1980 or (ii) a lighter lacking 
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fuel or a device necessary to produce combustion or a flame.
 
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    Section 15. Prohibition against novelty lighters.   A person 
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may not sell at retail or distribute for retail sale in this 
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State a novelty lighter. The prohibition specified in this 
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Section does not apply to the transportation of novelty 
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lighters through this State or the storage of novelty lighters 
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in a warehouse or distribution center in this State that is 
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closed to the public for purposes of retail sales.
 
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    Section 20. Violation.   A violation of Section 15 is a 
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petty offense and the fine imposed is not to exceed $500 for 
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each offense. Each day that a person violates this Section is a 
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separate offense.
 

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