Bill Text: CA AB1091 | 2017-2018 | Regular Session | Enrolled


Bill Title: Balloons: electrically conductive material.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2017-07-31 - Vetoed by Governor. [AB1091 Detail]

Download: California-2017-AB1091-Enrolled.html

Enrolled  July 14, 2017
Passed  IN  Senate  July 13, 2017
Passed  IN  Assembly  May 11, 2017
Amended  IN  Assembly  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1091


Introduced by Assembly Member Quirk

February 17, 2017


An act to amend Section 653.1 of the Penal Code, relating to balloons.


LEGISLATIVE COUNSEL'S DIGEST


AB 1091, Quirk. Balloons: electrically conductive material.
Existing law makes it a crime to 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.
This bill would require that the balloon be released willfully, and would delete the requirement that the balloon be released as part of a public or civic event, promotional activity, or product advertisement in order to violate the law. By changing the definition of a crime, this 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   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 willfully release outdoors, balloons made of electrically conductive material and filled with a gas lighter than air.
(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 does not apply to manned hot air balloons, or to balloons used in governmental or scientific research projects.

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.
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