BILL NUMBER: SB 1499 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 15, 2008
AMENDED IN ASSEMBLY AUGUST 8, 2008
AMENDED IN ASSEMBLY JULY 15, 2008
AMENDED IN ASSEMBLY JUNE 30, 2008
AMENDED IN SENATE MARCH 24, 2008
INTRODUCED BY Senator Scott
FEBRUARY 21, 2008
An act to add and repeal Article 7 (commencing with
Section 92670) of Chapter 6 of Part 57 of Division 9 of Title 3 of
the Education Code, and to amend Section 653.1 of the Penal
Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 1499, as amended, Scott. Metallic balloons.
(1) Existing
Existing law prohibits the sale or distribution of a
balloon that is constructed of electrically conductive material and
filled with a gas lighter than air, without affixing an object of
sufficient weight to the balloon to counter the lift capability,
affixing a specified warning statement on the balloon, and affixing a
printed identification of the balloon's manufacturer. Existing law
also prohibits a person from selling or distributing a balloon filled
with a gas lighter than air that is attached to an electrically
conductive string, tether, streamer, or other electrically conductive
appurtenance, or attached to another balloon, as specified. Existing
law also prohibits a person or group from releasing outdoors
balloons made of electrically conductive material and filled with a
gas lighter than air at specified events. A violation of those
provisions is an infraction or a misdemeanor, as specified.
This bill would increase the fine for a violation of those
provisions punished as an infraction. The bill would further specify
the type of weight that must be attached to the balloon and the
specifications for the required warning, and would require that the
consumer be provided a separate warning notice, as specified. The
bill would also prohibit a manufacturer or distributor from sending
or shipping these types of balloons to retailers without the shipment
containing a notice describing the retailer's responsibilities, as
provided. Because this bill would change the definition of an
existing crime, the bill would impose a state-mandated local program.
(2) Existing law establishes the University of California, under
the administration of the Regents of the University of California, as
one of the segments of public postsecondary education in this state.
This bill would require the Public Utilities Commission to
contract with a public or private postsecondary research institution
to conduct a study, in consultation with specified entities, on
alternative material for use in the manufacture of balloons that
meets certain requirements, and would specify that the study shall
not be funded by state funds.
(3) The
The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 7 (commencing with Section
92670) is added to Chapter 6 of Part 57 of Division 9 of Title 3 of
the Education Code, to read:
Article 7. Studies
92670. (a) The Public Utilities Commission shall contract with a
public or private postsecondary research institution to conduct a
study, in consultation with the Balloon Council, the International
Brotherhood of Electrical Workers, the California Municipal Utilities
Association, and other affected parties, to determine if there is an
alternative material for use in the manufacture of balloons that
meets all of the following requirements:
(1) The material is a cost-effective alternative to current
metallic-foil balloons that provides the same or increased consumer
appeal and product performance.
(2) The material is not electrically conductive or has such low
electronic conductivity that it will not cause a power outage if it
comes in contact with above-ground utility lines.
(3) The material conforms with consumer product safety
requirements under state and federal law.
(4) The material does not pose an increased threat to the
environment or human health.
(b) The results of the study shall be reported to the Legislature
and the Governor upon its completion.
(c) The study shall be funded exclusively from nonstate sources.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 2. SECTION 1. Section 653.1 of
the Penal Code is amended to read:
653.1. (a) No person shall sell or distribute any balloon that is
constructed of electrically conductive material, and filled with a
gas lighter than air without:
(1) Affixing an object of sufficient weight to the balloon or its
appurtenance to counter the lift capability of the balloon. The
weight may not be a child's toy or candy.
(2) Affixing a statement on the balloon, or ensuring that a
statement is so affixed, that warns the consumer about the risk if
the balloon comes in contact with electrical power lines. The warning
must be printed in accordance with the requirements of the American
National Standards Institute's standard ANSI Z535.4-2007. All balloon
designs to be constructed of electrically conductive material and
filled with a gas lighter than air that go into production on or
after January 1, 2009, and are sold within the state shall conform to
the warning size requirements of this paragraph. All balloon designs
meeting this description that were in production prior to January 1,
2009, and are sold in the state shall conform to the warning size
requirements of this paragraph no later than December 31, 2014.
(3) A printed identification of the manufacturer of the balloon.
(4) Providing the consumer a separate notice about the risk if the
balloon comes in contact with electrical power lines. This notice
may be provided directly to the consumer at the point of purchase, by
posting a sign at the point of purchase, in a location near the cash
register, or in a location where consumer warnings are normally
posted, or as an attachment to the balloon tether or weight. Any sign
posted by a retailer pursuant to this paragraph shall be no smaller
than 8 1/2 x 11 inches in size and printed in not less than 36-point
bold typeface. No manufacturer or distributor shall send or ship a
balloon meeting the description of subdivision (a) to a retailer
located in the state without the shipment containing a notice
describing the retailer's responsibilities under this section.
(b) No person shall sell or distribute any balloon filled with a
gas lighter than air that is attached to an electrically conductive
string, tether, streamer, or other electrically conductive
appurtenance.
(c) No person shall sell or distribute any balloon that is
constructed of electrically conductive material and filled with a gas
lighter than air and that is attached to another balloon constructed
of electrically conductive material and filled with a gas lighter
than air.
(d) No person or group shall release, outdoors, balloons made of
electrically conductive material and filled with a gas lighter than
air, as part of a public or civic event, promotional activity, or
product advertisement.
(e) Any person who violates subdivision (a), (b), (c), or (d)
shall be guilty of an infraction punishable by a fine not exceeding
two hundred and fifty dollars ($250). Any person who violates
subdivision (a), (b), (c), or (d) who has been previously convicted
twice of violating subdivision (a), (b), (c), or (d) shall be guilty
of a misdemeanor.
(f) This section shall not apply to manned hot air balloons, or to
balloons used in governmental or scientific research projects.
SEC. 3. SEC. 2. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.