BILL NUMBER: SB 1499 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 15, 2008
AMENDED IN ASSEMBLY JUNE 30, 2008
AMENDED IN SENATE MARCH 24, 2008
INTRODUCED BY Senator Scott
FEBRUARY 21, 2008
An act to amend, repeal, and add add
Article 7 (commencing with Section 92670) to Chapter 6 of Part 57 of
Division 9 of Title 3 of the Education Code, and to amend
Section 653.1 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 1499, as amended, Scott. Metallic balloons.
Existing
(1) Existing law prohibits the
sale or distribution of a balloon that is constructed of electrically
conductive material and filled with a gas lighter than air, without
affixing an object of sufficient weight to the balloon to counter the
lift capability, affixing a specified warning statement on the
balloon, and affixing a printed identification of the balloon's
manufacturer. Existing law also prohibits a person from selling or
distributing a balloon filled with a gas lighter than air that is
attached to an electrically conductive string, tether, streamer, or
other electrically conductive appurtenance, or attached to another
balloon, as specified. Existing law also prohibits a person or group
from releasing outdoors balloons made of electrically conductive
material and filled with a gas lighter than air at specified events.
A violation of those provisions is an infraction or a misdemeanor, as
specified.
This bill would, as of January 1, 2011, repeal the above
provisions, and would make it a crime for any person to sell or
distribute any balloon that is constructed of electrically conductive
material, and filled with a gas lighter than air, or any balloon
filled with a gas lighter than air that is attached to an
electrically conductive string, tether, streamer, or other
electrically conductive appurtenance, except as specified. By
expanding the scope of a crime, the bill would impose a
state-mandated local program.
This bill would increase the fine for a violation of those
provisions punished as an infraction. The bill would further specify
the type of weight that must be attached to the balloon and the
specifications for the required warning, and would require that the
consumer be provided a separate warning notice, as specified. The
bill would also prohibit a manufacturer or distributor from sending
or shipping these types of balloons to retailers without the shipment
containing a notice describing the retailer's responsibilities, as
provided. Because this bill would change the definition of an
existing crime, the bill would impose a state-mandated local program.
(2) Existing law establishes the University of California, under
the administration of the Regents of the University of California, as
one of the segments of public postsecondary education in this state.
This bill would request the Regents of the University of
California to conduct a study, in consultation with specified
entities, on alternative material for use in the manufacture of
balloons that meets certain requirements, and would specify that the
study shall not be funded by state funds.
The
(3) 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. Article 7 (commencing with Section
92670) is added to Chapter 6 of Part 57 of Division 9 of Title 3 of
the Education Code , to read:
Article 7. Studies
92670. (a) The Regents of the University of California are
requested to conduct a study, in consultation with the Public
Utilities Commission, the Balloon Council, the International
Brotherhood of Electrical Workers, the California Municipal Utilities
Association, and other affected parties, to determine if there is an
alternative material for use in the manufacture of balloons that
meets all of the following requirements:
(1) The material is a cost-effective alternative to current
metallic-foil balloons that provides the same or increased consumer
appeal and product performance.
(2) The material is not electrically conductive or has such low
electronic conductivity that it will not cause a power outage if it
comes in contact with above-ground utility lines.
(3) The material conforms with consumer product safety
requirements under state and federal law.
(4) The material does not pose an increased threat to the
environment or human health.
(b) The results of the study shall be reported to the Legislature
and the Governor upon its completion.
(c) The study shall be funded exclusively from nonstate sources.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SECTION 1. SEC. 2. Section 653.1 of
the Penal Code is amended to read:
653.1. (a) No person shall 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. The
weight may not be a child's toy or candy.
(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. The
warning must be printed in accordance with the requirements of the
American National Standards Institute's standard ANSI Z535.4-2007.
All balloon designs to be constructed of electrically
conductive material and filled with a gas lighter than air that go
into production on or after January 1, 2009, and are sold within the
state shall conform to the warning size requirements of this
paragraph. All balloon designs meeting this description that were in
production prior to January 1, 2009, and are sold in the state shall
conform to the warning size requirements of this paragraph no later
than December 31, 2014.
(3) A printed identification of the manufacturer of the balloon.
(4) Providing the consumer a separate notice about the risk if the
balloon comes in contact with electrical power lines. This notice
may be provided directly to the consumer at the point of purchase or
by posting a sign at the point of purchase, in a location near the
cash register, or in a location where consumer warnings are normally
posted. No manufacturer or distributor shall send or ship a balloon
meeting the description of subdivision (a) to a retailer located in
the state without the shipment containing a notice describing the
retailer's responsibilities under this section.
(b) No person shall 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 person shall 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 person or group shall 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 guilty of an infraction punishable by a fine not exceeding
one hundred dollars ($100) two hundred and
fifty dollars ($250) . 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 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,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 2. Section 653.1 is added to the Penal
Code, to read:
653.1. (a) No person shall sell or distribute any balloon that is
constructed of electrically conductive material, and filled with a
gas lighter than air, or any balloon filled with a gas lighter than
air that is attached to an electrically conductive string, tether,
streamer, or other electrically conductive appurtenance.
(b) Any person who violates subdivision (a) shall be guilty of an
infraction punishable by a fine not exceeding one hundred dollars
($100). Any person who violates subdivision (a) who has been
previously convicted twice of violating subdivision (a), or of
subdivision (a), (b), (c), or (d) of this section as it read prior to
January 1, 2011, shall be guilty of a misdemeanor.
(c) This section shall not apply to manned hot air balloons, or to
balloons used in governmental or scientific research projects.
(d) This section shall become operative on January 1, 2011.
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.