Bill Text: IL HB4499 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB4499 Detail]

Download: Illinois-2023-HB4499-Introduced.html

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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.
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A BILL FOR
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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

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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

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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

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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

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(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

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