HB4499 103RD GENERAL ASSEMBLY

LRB103 33378 SPS 63190 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4499

Introduced 1/31/2024, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

New Act

Creates the Foil Balloon Act. Provides that a person who manufactures a foil balloon in this State or a person who sells or distributes foil balloons that are filled with lighter-than-air gas in this State shall comply with specified requirements. Provides that the requirements do not apply to manned hot air balloons or to balloons used in governmental or scientific research projects. Provides that specified requirements are subject to a phase-in period of 4 years. Provides for violations and civil penalties.

A BILL FOR

AN ACT concerning business.

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 Foil Balloon Act.

Section 5. Definitions. As used in this Act:

"Commencement date" means the date on which the Institute of Electrical and Electronics Engineers (IEEE) approves the final standard for testing foil balloons at a level of electric distribution voltages without causing an electrical fault and all of the requirements of paragraph (1) of subsection (d) are met or January 1, 2027, whichever is later.

"Foil balloon" means a balloon that is constructed of electrically conductive material.

"Infeasible" means incapable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.

"Person" means any individual, association, organization, partnership, business trust, limited liability company, corporation, or other entity.

"Phase-in period" means the gradual phase in of the restrictions on the sale, offer for sale, and manufacture for sale, in this State, of a foil balloon following the commencement date.

Section 10. Restrictions.

(a) A person who manufactures a foil balloon in this State shall comply with all of the following:

(1) permanently mark each foil balloon with a printed statement, written in a legible font size and located in a conspicuous area on the foil balloon, that warns the consumer of at least one of the following:

(A) the dangers of releasing balloons that may come into contact with overhead power lines; or

(B) if the foil balloon is manufactured to meet the requirements described in subsection (d), the consumer's responsibilities when disposing of foil balloons;

(2) permanently mark each foil balloon with the identity of the manufacturer; and

(3) permanently mark each foil balloon that it is in compliance with this Section if the foil balloon is manufactured to meet the requirements described in subsection (d). Markings prescribed under the final standard by the Institute of Electrical and Electronics Engineers (IEEE) shall be considered a suitable mark.

(b) A person who sells or distributes a foil balloon that is filled with lighter-than-air gas in this State shall comply with both of the following:

(1) the person shall affix an object of sufficient weight to each foil balloon or its appurtenance to counter the lift capability of the foil balloon; and

(2) the person shall not attach the foil balloon to an electrically conductive string, tether, or streamer, to a balloon constructed of electrically conductive material, or to any other electrically conductive object.

(c) This Section shall not apply to manned hot air balloons or to balloons used in governmental or scientific research projects.

(d) A person that sells, offers for sale, or manufactures for sale, in this State, any foil balloon shall ensure that those foil balloons pass a standard test, as determined by an accredited testing facility capable of high-voltage testing.

(1) The standard test shall be the IEEE 2845 standard when that standard is approved by the IEEE. The standard test shall be approved when the IEEE does all of the following:

(A) publishes an interim standard;

(B) completes its trial of the interim standard; and

(C) publishes the final approved standard, following materially substantive adjustments, if any, to the interim standard.

(2) The requirement described in paragraph (1) is subject to the following phase-in period:

(A) at least 25% of the person's foil balloons shall comply no later than one year from the commencement date;

(B) at least 55% of the person's foil balloons shall comply no later than 2 years from the commencement date;

(C) at least 80% of the person's foil balloons shall comply no later than 3 years from the commencement date; and

(D) 100% of the person's foil balloons shall comply no later than 4 years from the commencement date.

(e) Following the completion of the phase-in period described in subsection (d), and notwithstanding any other law, a person shall not sell, offer for sale, or manufacture for sale, in this State, any foil balloon, unless the balloon complies with this Section.

(f) All of the following dates and time periods shall be tolled when a serious development, manufacturing, production, or supply chain issue, or force majeure, occurs:

(1) the commencement date;

(2) the phase-in period described in paragraph (2) of subsection (d);

(3) the prohibition against selling, offering for sale, and manufacturing for sale described in subsection (e);

(4) tolling shall last for a period of 24 months or until the serious development, manufacturing, production, or supply chain issue, or force majeure, is resolved, whichever occurs first; and

(5) a serious development, manufacturing, production, or supply chain issue, or force majeure, shall be deemed to have occurred if both of the following are satisfied:

(A) the issue is outside of the control of the business that develops, manufactures, produces, or sells foil balloons; and

(B) the issue makes it infeasible to develop, manufacture, produce, or sell foil balloons that otherwise would be subject to the requirement of paragraph (1) of subsection (a).

Section 15. Violations; civil penalty.

(a) A person who violates or attempts to violate Section 10 may be enjoined in any court of competent jurisdiction.

(b) A person who has violated Section 10 is liable for a civil penalty in the amount of $50 for each foil balloon that was sold, offered for sale, manufactured for sale, or distributed in violation of Section 10. This civil penalty shall not exceed $2,500 per day for a totality of violations of Section 10, in addition to any other penalty established by law. This civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.

(c) In assessing the amount of a civil penalty for a violation of this Act, the court shall consider all of the following:

(1) the nature and extent of the violation;

(2) the number and severity of the violations;

(3) the economic effect of the penalty on the person;

(4) the person's annual revenue in both balloon sales and total sales;

(5) whether the person who violated Section 10 took good faith measures to comply with Section 10 and when these measures were taken;

(6) the deterrent effect that the imposition of the penalty would have on both the person who violated Section 10 and the regulated community as a whole;

(7) the willfulness of the persons responsible for the violation; and

(8) any other factors that justice may require.

(d) Actions arising under this Section may be brought by the Attorney General in the name of the People of the State.

(e) Civil penalties collected under this Section shall be paid to the office of the Attorney General.