California 2017-2018 Regular Session

California Assembly Bill AB1091

Introduced
2/17/17  
Introduced
2/17/17  
Refer
3/6/17  
Refer
3/6/17  
Report Pass
4/17/17  
Report Pass
4/17/17  
Refer
4/19/17  
Report Pass
5/3/17  
Engrossed
5/11/17  
Engrossed
5/11/17  
Refer
5/11/17  
Refer
5/11/17  
Refer
5/24/17  
Refer
5/24/17  
Report Pass
6/20/17  
Report Pass
6/20/17  
Refer
6/20/17  
Enrolled
7/13/17  
Enrolled
7/13/17  

Caption

Balloons: electrically conductive material.

Impact

The proposal represents a significant shift in local governance over environmental safety regulations. By redefining the act as a crime and removing the need for a public or civic context, the bill could potentially lead to increased fines and penalties for violations. A fine up to $100 for infractions applies, with repeat offenders facing misdemeanor charges. Local agencies and schools will not receive state reimbursement for enforcing these new provisions, marking a notable change in the fiscal responsibilities associated with state-mandated regulations. This decision is expected to invoke discussion around the financial implications for local jurisdictions tasked with enforcement.

Summary

Assembly Bill 1091, introduced by Assembly Member Quirk, seeks to amend existing laws concerning the outdoor release of balloons made from electrically conductive material. The previous law specified that releasing such balloons was a crime when done as part of public events, promotional activities, or advertisements. However, AB1091 changes this definition, stating that the act of releasing these balloons willfully is sufficient to violate the law, regardless of the context in which the release occurs. This change broadens the scope of the legislation, imposing stricter controls on balloon releases to enhance public safety, especially in preventing hazardous encounters with electrical power lines.

Sentiment

Overall, the sentiment surrounding AB1091 appears to support the initiative focused on reducing risks associated with balloon releases. Proponents argue it is a necessary step to prevent accidents caused by balloons coming into contact with power lines, which can lead to outages and safety threats. Conversational excerpts indicate that environmental advocates strongly back the bill due to its potential impact on minimizing waste and avoiding hazards. Nonetheless, concerns have been raised regarding the expansive nature of the law, with some suggesting that it might infringe on individual freedoms and curtail public celebrations utilizing balloons.

Contention

Disputes have arisen over the breadth of the bill's application, particularly regarding definitions and penalties. Critics voice concerns about the effectiveness of implementing stringent penalties for what they consider a minor offense, questioning the balance between safety and personal freedom. The exclusion of manned hot air balloons and research projects from the scope of this legislation has also raised eyebrows, prompting discussions over the selective nature of the regulations. As the bill moves through the legislative process, it takes center stage in debates surrounding local control versus state oversight.

Companion Bills

No companion bills found.

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