AB 2709, as introduced, Quirk. Crimes: balloons.
Existing law makes it a crime to sell or distribute any balloon constructed of electrically conductive material and filled with a gas lighter than air without affixing an object of sufficient weight to the balloon or its appurtenance to counter the lift capability of the balloon, affixing a statement warning the consumer about the risk if the balloon comes in contact with power lines, and a printed identification of the manufacturer of the balloon. Existing law further prohibits selling or distributing two or more balloons that are constructed of electrically conductive material and filled with a gas lighter than air and attached to each other. Existing law additionally prohibits any person or group from releasing, 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. Existing law makes a first and 2nd violation of these provisions punishable by a fine not to exceed $100, and a 3rd or subsequent violation punishable as a misdemeanor.
This bill would, on January 1, 2018, remove these prohibitions and instead make it a crime to sell or distribute any balloon filled with a gas lighter than air that is attached to an electrically conductive material. The bill would make a first violation of this provision punishable by a fine not to exceed $250, and a 2nd or further violation punishable as a misdemeanor. The bill would additionally, on January 1, 2018, make it a crime to release, outdoors, balloons made of electrically conductive material and filled with a gas lighter than air, regardless of whether the outdoor release is part of a public or civic event, promotional activity, or product advertisement, add would make the crime punishable by a fine not to exceed $250.
Because the bill would revise the definition of a crime, the bill would impose a state-mandated local program.
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 653.1 of the Penal Code is amended to
2read:
(a) begin deleteNo end deletebegin insertAend insert person shallbegin insert notend insert sell or distribute any balloon
4that is constructed of electrically conductive material, and filled
5with a gas lighter than air without:
6(1) Affixing an object of sufficient weight to the balloon or its
7appurtenance to counter the lift capability of the balloon.
8(2) Affixing a statement on the balloon, or ensuring that a
9statement is so
affixed, that warns the consumer about the risk if
10the balloon comes in contact with electrical power lines.
11(3) A printed identification of the manufacturer of the balloon.
12(b) begin deleteNo end deletebegin insertAend insert
person shallbegin insert notend insert sell or distribute any balloon filled
13with a gas lighter than air that is attached to an electrically
14conductive string, tether, streamer, or other electrically conductive
15appurtenance.
16(c) begin deleteNo end deletebegin insertAend insert person shallbegin insert notend insert sell or distribute any balloon that is
17constructed of electrically conductive material and filled with a
18gas lighter than air and that is attached to another balloon
19constructed of electrically conductive material and filled with a
20gas lighter than air.
P3 1(d) begin deleteNo end deletebegin insertAend insert person or group shallbegin insert notend insert release, outdoors, balloons
2made of electrically conductive material and filled with a gas
3lighter than air, as part of a public or civic event, promotional
4activity, or product advertisement.
5(e) Any person who violates subdivision (a), (b), (c), or (d)begin delete shall begin insert isend insert guilty of an infraction punishable by a fine not exceeding one
6beend delete
7hundred dollars ($100). Any person who violates subdivision (a),
8(b), (c), or (d) who
has been previously convicted twice of violating
9subdivision (a), (b), (c), or (d)begin delete shall beend deletebegin insert isend insert guilty of a misdemeanor.
10(f) This section shall not apply to manned hot air balloons, or
11to balloons used in governmental or scientific research projects.
12(g) This section shall remain in effect only until January 1, 2018,
13and as of that date is repealed, unless a later enacted statute, that
14is enacted before January 1, 2018, deletes or extends that date.
Section 653.1 is added to the Penal Code, to read:
(a) A person shall not sell or distribute any balloon
17filled with a gas lighter than air that is attached to an electrically
18conductive string, tether, streamer, or other electrically conductive
19material.
20(b) A person or group shall not release, outdoors, balloons made
21of electrically conductive material and filled with a gas lighter
22than air.
23(c) Any person who violates subdivision (a) is guilty of an
24infraction punishable by a fine not exceeding two hundred fifty
25dollars ($250). Any person who violates subdivision (a) who has
26been previously convicted of violating subdivision (a) shall be
27guilty of a misdemeanor.
28(d) Any person who violates subdivision (b) is guilty of an
29infraction punishable by a fine not exceeding two hundred fifty
30dollars ($250).
31(e) This section shall not apply to manned hot air balloons, or
32to balloons used in governmental or scientific research projects.
33(f) This section shall become operative on January 1, 2018.
No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution because
36the only costs that may be incurred by a local agency or school
37district will be incurred because this act creates a new crime or
38infraction, eliminates a crime or infraction, or changes the penalty
39for a crime or infraction, within the meaning of Section 17556 of
40the Government Code, or changes the definition of a crime within
P4 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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