AB 2709, as amended, 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 distributingbegin delete twoend deletebegin insert 2end insert 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 balloonbegin delete filled with a gas lighter than airend deletebegin insert constructed of electrically conductive material or any balloonend insert 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 conductivebegin delete material and filled with a gas lighter than air,end deletebegin insert material,end insert regardless of whether the outdoor release is part of a public or civic event, promotional activity, or product advertisement,begin delete addend deletebegin insert andend insert would make the crime punishable by a fine not to exceed $250.begin insert The bill would exempt specified balloons from these provisions, including balloons that are not designed to be buoyant in ambient air when
filled with any gas.end insert
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) A person shall not sell or distribute any balloon that
4is constructed of electrically conductive material, and filled with
5a 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) A person shall not sell or distribute any balloon filled with
13a gas lighter than air that is attached to an electrically conductive
14string, tether, streamer, or other electrically conductive
15appurtenance.
16(c) A person shall not sell or distribute any balloon that is
17constructed of electrically conductive material and filled with a
P3 1gas lighter than air and that is attached to another balloon
2constructed of electrically conductive material and filled with a
3gas lighter than air.
4(d) A person or group shall not release, outdoors, balloons made
5of electrically conductive material and filled with a gas lighter
6than air, as part of a public or civic event, promotional activity, or
7product advertisement.
8(e) Any person who violates subdivision (a), (b), (c), or (d) is
9guilty of an infraction punishable by a fine not exceeding one
10hundred dollars ($100). Any person who violates subdivision (a),
11(b), (c), or (d) who has been previously convicted twice of violating
12subdivision (a), (b), (c), or (d) is guilty of a misdemeanor.
13(f) This section shall not apply to manned hot air balloons, or
14to balloons used in governmental or scientific research projects.
15(g) This section shall remain in effect only until January 1, 2018,
16and as of that date is repealed, unless a later enacted statute, that
17is 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
20begin delete filled with a gas lighter than airend deletebegin insert that is constructed of electrically
21conductive material or any balloonend insert that is attached to an electrically
22conductive string, tether, streamer, or other electrically conductive
23material.
24(b) A person or group shall not release, outdoors, balloons made
25of electrically conductivebegin delete material and filled with a gas lighter begin insert
material.end insert
26than air.end delete
27(c) Any person who violates subdivision (a) is guilty of an
28infraction punishable by a fine not exceeding two hundred fifty
29dollars ($250). Any person who violates subdivision (a) who has
30been previously convicted of violating subdivision (a) shall be
31guilty of a misdemeanor.
32(d) Any person who violates subdivision (b) is guilty of an
33infraction punishable by a fine not exceeding two hundred fifty
34dollars ($250).
35(e) This section shall not apply to manned hot air balloons,begin delete or balloons used in governmental or scientific research
36toend deletebegin delete projects.end delete
37
begin insert
projects, or any balloons that are not designed to be buoyant in
38ambient air when filled with any gas.end insert
39(f) This section shall become operative on January 1, 2018.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.
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