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Illinois House Bill HB4499

Illinois 2023-2024 Regular Session

Illinois House Bill HB4499 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4499 Introduced , 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. LRB103 33378 SPS 63190 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4499 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: New Act 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. LRB103 33378 SPS 63190 b LRB103 33378 SPS 63190 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4499 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
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55 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.
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1111 1 AN ACT concerning business.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the Foil
1515 5 Balloon Act.
1616 6 Section 5. Definitions. As used in this Act:
1717 7 "Commencement date" means the date on which the Institute
1818 8 of Electrical and Electronics Engineers (IEEE) approves the
1919 9 final standard for testing foil balloons at a level of
2020 10 electric distribution voltages without causing an electrical
2121 11 fault and all of the requirements of paragraph (1) of
2222 12 subsection (d) are met or January 1, 2027, whichever is later.
2323 13 "Foil balloon" means a balloon that is constructed of
2424 14 electrically conductive material.
2525 15 "Infeasible" means incapable of being accomplished in a
2626 16 successful manner within a reasonable period of time, taking
2727 17 into account economic, environmental, legal, social, and
2828 18 technological factors.
2929 19 "Person" means any individual, association, organization,
3030 20 partnership, business trust, limited liability company,
3131 21 corporation, or other entity.
3232 22 "Phase-in period" means the gradual phase in of the
3333 23 restrictions on the sale, offer for sale, and manufacture for
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4040 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.
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6868 1 sale, in this State, of a foil balloon following the
6969 2 commencement date.
7070 3 Section 10. Restrictions.
7171 4 (a) A person who manufactures a foil balloon in this State
7272 5 shall comply with all of the following:
7373 6 (1) permanently mark each foil balloon with a printed
7474 7 statement, written in a legible font size and located in a
7575 8 conspicuous area on the foil balloon, that warns the
7676 9 consumer of at least one of the following:
7777 10 (A) the dangers of releasing balloons that may
7878 11 come into contact with overhead power lines; or
7979 12 (B) if the foil balloon is manufactured to meet
8080 13 the requirements described in subsection (d), the
8181 14 consumer's responsibilities when disposing of foil
8282 15 balloons;
8383 16 (2) permanently mark each foil balloon with the
8484 17 identity of the manufacturer; and
8585 18 (3) permanently mark each foil balloon that it is in
8686 19 compliance with this Section if the foil balloon is
8787 20 manufactured to meet the requirements described in
8888 21 subsection (d). Markings prescribed under the final
8989 22 standard by the Institute of Electrical and Electronics
9090 23 Engineers (IEEE) shall be considered a suitable mark.
9191 24 (b) A person who sells or distributes a foil balloon that
9292 25 is filled with lighter-than-air gas in this State shall comply
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103103 1 with both of the following:
104104 2 (1) the person shall affix an object of sufficient
105105 3 weight to each foil balloon or its appurtenance to counter
106106 4 the lift capability of the foil balloon; and
107107 5 (2) the person shall not attach the foil balloon to an
108108 6 electrically conductive string, tether, or streamer, to a
109109 7 balloon constructed of electrically conductive material,
110110 8 or to any other electrically conductive object.
111111 9 (c) This Section shall not apply to manned hot air
112112 10 balloons or to balloons used in governmental or scientific
113113 11 research projects.
114114 12 (d) A person that sells, offers for sale, or manufactures
115115 13 for sale, in this State, any foil balloon shall ensure that
116116 14 those foil balloons pass a standard test, as determined by an
117117 15 accredited testing facility capable of high-voltage testing.
118118 16 (1) The standard test shall be the IEEE 2845 standard
119119 17 when that standard is approved by the IEEE. The standard
120120 18 test shall be approved when the IEEE does all of the
121121 19 following:
122122 20 (A) publishes an interim standard;
123123 21 (B) completes its trial of the interim standard;
124124 22 and
125125 23 (C) publishes the final approved standard,
126126 24 following materially substantive adjustments, if any,
127127 25 to the interim standard.
128128 26 (2) The requirement described in paragraph (1) is
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139139 1 subject to the following phase-in period:
140140 2 (A) at least 25% of the person's foil balloons
141141 3 shall comply no later than one year from the
142142 4 commencement date;
143143 5 (B) at least 55% of the person's foil balloons
144144 6 shall comply no later than 2 years from the
145145 7 commencement date;
146146 8 (C) at least 80% of the person's foil balloons
147147 9 shall comply no later than 3 years from the
148148 10 commencement date; and
149149 11 (D) 100% of the person's foil balloons shall
150150 12 comply no later than 4 years from the commencement
151151 13 date.
152152 14 (e) Following the completion of the phase-in period
153153 15 described in subsection (d), and notwithstanding any other
154154 16 law, a person shall not sell, offer for sale, or manufacture
155155 17 for sale, in this State, any foil balloon, unless the balloon
156156 18 complies with this Section.
157157 19 (f) All of the following dates and time periods shall be
158158 20 tolled when a serious development, manufacturing, production,
159159 21 or supply chain issue, or force majeure, occurs:
160160 22 (1) the commencement date;
161161 23 (2) the phase-in period described in paragraph (2) of
162162 24 subsection (d);
163163 25 (3) the prohibition against selling, offering for
164164 26 sale, and manufacturing for sale described in subsection
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175175 1 (e);
176176 2 (4) tolling shall last for a period of 24 months or
177177 3 until the serious development, manufacturing, production,
178178 4 or supply chain issue, or force majeure, is resolved,
179179 5 whichever occurs first; and
180180 6 (5) a serious development, manufacturing, production,
181181 7 or supply chain issue, or force majeure, shall be deemed
182182 8 to have occurred if both of the following are satisfied:
183183 9 (A) the issue is outside of the control of the
184184 10 business that develops, manufactures, produces, or
185185 11 sells foil balloons; and
186186 12 (B) the issue makes it infeasible to develop,
187187 13 manufacture, produce, or sell foil balloons that
188188 14 otherwise would be subject to the requirement of
189189 15 paragraph (1) of subsection (a).
190190 16 Section 15. Violations; civil penalty.
191191 17 (a) A person who violates or attempts to violate Section
192192 18 10 may be enjoined in any court of competent jurisdiction.
193193 19 (b) A person who has violated Section 10 is liable for a
194194 20 civil penalty in the amount of $50 for each foil balloon that
195195 21 was sold, offered for sale, manufactured for sale, or
196196 22 distributed in violation of Section 10. This civil penalty
197197 23 shall not exceed $2,500 per day for a totality of violations of
198198 24 Section 10, in addition to any other penalty established by
199199 25 law. This civil penalty may be assessed and recovered in a
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