Bill Text: CA AB2709 | 2015-2016 | Regular Session | Amended
Bill Title: Crimes: balloons.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2709 Detail]
Download: California-2015-AB2709-Amended.html
BILL NUMBER: AB 2709 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Quirk
( Coauthor: Assembly Member
McCarty )
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 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 distributing 2 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
constructed of electrically conductive material or any balloon 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, regardless of whether the outdoor release is
part of a public or civic event, promotional activity, or product
advertisement, and would make the crime punishable by a fine not to
exceed $250. 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.
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) 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) 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) 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) A person or group shall not release, outdoors, balloons made
of electrically conductive material and filled with a gas lighter
than air, 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) 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) 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 that
is constructed of electrically conductive material or any balloon
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.
(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,
balloons used in governmental or scientific research projects, or any
balloons that are not designed to be buoyant in ambient air when
filled with any gas.
(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.
