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AB-2450 Electrically conductive balloons.(2017-2018)

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Date Published: 06/11/2018 09:00 PM
AB2450:v97#DOCUMENT

Amended  IN  Senate  June 11, 2018
Amended  IN  Assembly  May 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2450


Introduced by Assembly Member Quirk

February 14, 2018


An act to amend Section 653.1 of the Penal Code, and to add Chapter 31 (commencing with Section 22942) to Division 8 of the Business and Professions Code, relating to electrically conductive balloons.


LEGISLATIVE COUNSEL'S DIGEST


AB 2450, as amended, Quirk. Electrically conductive balloons: manufacturers: warning. balloons.

Existing law makes it a crime for a person to sell or distribute a balloon that is constructed of electrically conductive material and filled with a gas lighter than air that does not have a statement affixed to the balloon that warns the consumer about the risk if the balloon comes in contact with electrical power lines.

Existing law prohibits a person from selling or distributing a balloon constructed of electrically conductive material and filled with a gas lighter than air without affixing to the balloon a weighted object, the identity of the manufacturer, and a warning statement, and prohibits the sale or distribution of an electrically conductive balloon filled with a gas lighter than air that is attached to an electrically conductive string, tether, streamer, or another electrically conductive balloon or appurtenance. A violation of those provisions is a misdemeanor.
This bill would instead make those provisions subject to civil action. The bill would also require a person who manufactures a balloon that is constructed of electrically conductive material and filled with a gas lighter than air to permanently mark each balloon with the identity of the manufacturer and a printed statement that warns the consumer about the dangerous risk of fire if the balloon comes in contact with an electrical power line.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 31 (commencing with Section 22942) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  31. Electrically Conductive Balloons

22942.
 (a) A person who manufactures a balloon in this state that is constructed of electrically conductive material and filled with a gas lighter than air shall permanently comply with both of the following:
(1) Permanently mark each balloon with a printed statement, written in a legible font size and located in a conspicuous area on the balloon, that warns the consumer about the dangerous risk of fire if the balloon comes in contact with an electrical power line.
(2) Permanently mark each balloon with the identity of the manufacturer.
(b) A person who sells or distributes a balloon constructed of electrically conductive material that is filled with a gas lighter than air shall comply with both of the following:
(1) The person shall affix an object of sufficient weight to each balloon or its appurtenance to counter the lift capability of the balloon.
(2) The person shall not attach the balloon to an electrically conductive string, tether, or streamer, to a balloon constructed of electrically conductive material, or to any other electrically conductive object.

(b)

(c) This section shall not apply to manned hot air balloons or to balloons used in governmental or scientific research projects.

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.

(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)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)

653.1.
 (a) 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)

(b) Any person who violates subdivision (a), (b), (c), or (d) this section shall be guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100). Any person who violates subdivision (a), (b), (c), or (d) this section who has been previously convicted twice of violating subdivision (a), (b), (c), or (d) this section shall be guilty of a misdemeanor.

(f)

(c) This section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research projects.