2021 -- H 5376 SUBSTITUTE A

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LC001103/SUB A/2

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO HEALTH AND SAFETY -- BALLOONS

     

     Introduced By: Representatives Donovan, Carson, Speakman, Cortvriend, Caldwell,
Kislak, Handy, Ruggiero, McEntee, and Bennett

     Date Introduced: February 05, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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amended by adding thereto the following chapter:

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CHAPTER 95

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PROHIBITED RELEASE OF BALLOONS

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     23-95-1. Legislative findings.

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

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

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

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

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food which may cause an animal severe injury or death;

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

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strangled to death as a result thereof.

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

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

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

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     23-95-2. Prohibited practices.

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

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otherwise intentionally cause the simultaneous release of ten (10) or more balloons inflated with a

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gas that is lighter than air, except for:

 

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

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governmental agency or pursuant to a governmental contract;

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

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

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     23-95-3. Penalties.

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

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hundred dollars ($100) for a first offense and up to two hundred fifty dollars ($250) for a second

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or subsequent offense.

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     23-95-4. Regulations.

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     The department of environmental management shall promulgate rules and regulations as

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

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     SECTION 2. This act shall take effect on November 1, 2021.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- BALLOONS

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     This act would prohibit the intentional simultaneous release of ten (10) or more balloons

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inflated with lighter-than-air gas. The prohibition would not apply to: a balloon released for

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scientific or metrological purposes on behalf of a governmental agency or pursuant to a

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governmental contract; a hot air balloon that is recovered after launching; or a balloon that is

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released and remains indoors. A person or entity who violates this provision would be subject to a

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civil penalty of one hundred dollars ($100) for a first offense and up to two hundred fifty dollars

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($250) for a second or subsequent offense.

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     This act would take effect on November 1, 2021.

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