BILL NUMBER: AB 2709	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 19, 2016

   An act to amend, repeal, and add Section 653.1 of the Penal Code,
relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 653.1 of the Penal Code is amended to read:
   653.1.  (a)  No   A  person shall 
not  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.
   (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.
   (3) A printed identification of the manufacturer of the balloon.
   (b)  No   A  person shall  not 
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   A  person shall  not 
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   A  person or group shall 
not  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   is  guilty of an infraction
punishable by a fine not exceeding one hundred dollars ($100). 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   is  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. 
   (g) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. 
  SEC. 2.  Section 653.1 is added to the Penal Code, to read:
   653.1.  (a) A person shall not 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 material.
   (b) A person or group shall not release, outdoors, balloons made
of electrically conductive material and filled with a gas lighter
than air.
   (c) Any person who violates subdivision (a) is guilty of an
infraction punishable by a fine not exceeding two hundred fifty
dollars ($250). Any person who violates subdivision (a) who has been
previously convicted of violating subdivision (a) shall be guilty of
a misdemeanor.
   (d) Any person who violates subdivision (b) is guilty of an
infraction punishable by a fine not exceeding two hundred fifty
dollars ($250).
   (e) This section shall not apply to manned hot air balloons, or to
balloons used in governmental or scientific research projects.
   (f) This section shall become operative on January 1, 2018.
  SEC. 3.  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.