BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1499|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 1499
Author: Scott (D)
Amended: 3/24/08
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-0, 4/8/08
AYES: Romero, Cogdill, Cedillo, Margett
NO VOTE RECORDED: Perata
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Metallic balloons: January 2010 ban
SOURCE : Burbank Water and Power
California Municipal Utilities Association
DIGEST : This bill prohibits the sale or distribution of
"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," beginning on
January 1, 2010, violators of the bill are subject to
either an infraction or a misdemeanor penalty, as
specified.
ANALYSIS : Existing law prohibits the sale or
distribution of "any balloon that is constructed of
electrically conductive material, and filled with a gas
lighter than air without:
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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.
Existing law prohibits the sale or distribution of any
balloon filled with a gas lighter than air that is attached
to an electrically conductive string, tether, streamer, or
other electrically conductive appurtenance.
Existing law prohibits the sale or distribution of 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.
Existing law provides that 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."
Existing law provides that the penalty for violating the
above-enumerated prohibitions is an infraction punishable
by a fine not exceeding $100 or, where the violator has
been previously convicted twice of violating one or more of
these provisions, a misdemeanor.
This bill repeals this section on January 1, 2010.
This bill prohibits, effective on January 1, 2010, the sale
or distribution of "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
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string, tether, streamer, or other electrically conductive
appurtenance."
This bill provides that its provisions shall not apply to
manned hot air balloons, or to balloons used in
governmental or scientific research projects.
This bill provides that any person who violates this new
offense "shall be guilty of an infraction punishable by a
fine not exceeding ? ($100)."
This bill provides that any person who violates this new
offense who has been previously convicted twice of
violating its provisions or the provisions of its statutory
predecessor, shall be guilty of a misdemeanor.
Prior legislation . SB 1900 (Ayala), Chapter 1559, Statutes
of 1990.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 4/21/08)
Burbank Water and Power (co-source)
California Municipal Utilities Association (co-source)
Mayor, City of Burbank
Pacific Gas and Electric Company
OPPOSITION : (Verified 4/22/08)
California Grocers Association
California Retailers Association
California State Floral Association
National Federation of Independent Business
The Balloon Council
United Food and Commercial Workers
ARGUMENTS IN SUPPORT : The author states:
"Metallic balloons are one of the leading causes of power
outages in numerous cities throughout the state. The
shiny balloons are typically coated with a thin metallic
coating deposited on the outer surface; hence they are
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often referred to as 'Mylar balloons'.
"These balloons are great conductors and can easily cause
shorts and groundings if they come in contact with the
power lines. Mylar balloons can cause unnecessary power
outages to thousands of homes and businesses. Of great
concern is the potential for injury to someone carrying a
metallic balloon that comes in contact with a power line,
or utility employees working on equipment.
"This bill would, as of January 1, 2010, 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. In short,
this bill will ban the sale and distribution of metallic
balloons.
"Any person who violates this crime shall be guilty of an
infraction punishable by a fine not exceeding one hundred
dollars ($100). Any person who has been previously
convicted twice of violating this crime shall be guilty
of a misdemeanor. This section shall not apply to manned
hot air balloons, or to balloons used in governmental or
scientific research projects."
ARGUMENTS IN OPPOSITION : The Balloon Council, a trade
association representing manufacturers, distributors, and
retailers of balloons, states in opposition:
"Under current law, it is illegal to release
helium-filled metallic balloons and retailers of metallic
balloons are required to attach a weight to them prior to
sale so that they will not float away. In addition, a
consumer warning is also required to be printed on the
balloon itself. This bill would criminalize the sale of
metallic balloons that are filled with helium. In
addition it would also criminalize the sale of
non-metallic (i.e. latex) balloons that are attached to
electronically conductive material of any sort.
"We estimate that there are approximately $100 million of
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helium-filled metallic balloons sold in California and
another $900 million of indirect sales, such as metallic
balloons attached to flowers and plants. In many party
stores, the sales of helium-filled metallic balloons
exceed 50% of the revenue for those small businesses. By
outlawing the sale and distribution of metallic balloons
and latex balloons that have electrically conductive
strings or attachments, SB 1499 would have a devastating
economic impact on thousands of California businesses,
both small and large.
"Weighed against the devastating economic impact of this
bill on manufacturers, retailers, and consumers, is an
argument that several hundred incidents occur in which
balloons are released and cause power outages. However,
the facts are that these outages are so miniscule in
their economic impact that they are the reportable
threshold of the California Public Utilities Commission.
Apparently, there is not one case in which the cost of
the outage exceeded $20,000 because, of the roughly 6,000
annual power outages, the CPUC reports none attributable
to metallic balloons.
"SB 1499 is truly a solution in search of a problem."
RJG:mw 4/22/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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