2019 -- H 5865

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LC002085

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HEALTH AND SAFETY -- BALLOONS

     Introduced By: Representatives Donovan, Serpa, Lima, Shekarchi, and Cortvriend

     Date Introduced: March 15, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 95

PROHIBITED RELEASE OF BALLOONS

     23-95-1. Legislative findings.

     (a) It is hereby found and declared as follows:

     (1) That the release of balloons inflated with lighter-than-air gases pose a danger and

nuisance to the environment, particularly to wildlife and marine animals;

     (2) That many animals are attracted to the bright colors of balloons and mistake them for

food which may cause an animal severe injury or death;

     (3) That many animals have become entangled in balloon strings and are injured or

strangled to death as a result thereof.

     (b) The general assembly has determined that prohibiting the release of balloons inflated

with lighter-than-air gases, statewide, is the most effective means of achieving a significant

reduction in balloon debris and the environmental harm this debris causes.

     23-95-2. Prohibited practices.

     (a) No person or entity shall intentionally release, intentionally organize the release of, or

otherwise intentionally cause the release of a balloon inflated with a gas that is lighter than air,

except for:

     (1) A balloon released for scientific or meteorological purposes, on behalf of a

governmental agency or pursuant to a governmental contract;

     (2) A hot air balloon that is recovered after launching; or

     (3) A balloon that is released and remains indoors.

     23-95-3. Penalties.

     Any person or entity who violates this section shall be subject to a civil penalty of up to

five hundred dollars ($500) for each offense. The release of multiple balloons at one time shall be

considered a single offense for the purposes of this section.

     23-95-4. Regulations.

     The department of environmental management shall promulgate rules and regulations as

may be necessary to implement and carry out the provisions of this chapter.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- BALLOONS

***

     This act would prohibit the intentional release of a balloon inflated with lighter-than-air

gas. The prohibition would not apply to: a balloon released for scientific or metrological purposes

on behalf of a governmental agency or pursuant to a governmental contract; a hot air balloon that

is recovered after launching; or a balloon that is released and remains indoors. A person or entity

that violates this provision would be subject to a civil penalty of up to five hundred dollars ($500)

for each offense. The release of multiple balloons at one time would be considered a single

offense.

     This act would take effect upon passage.

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