Senate Bill #38 (2021)
AN ACT RELATING TO HEALTH AND SAFETY -- BALLOONS
Prohibits the release of balloons inflated with lighter-than-air gas.
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2021-01-19: Introduced, referred to Senate Environment and Agriculture
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2021-02-19: Scheduled for hearing and/or consideration (02/24/2021)
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2021-02-24: Committee recommended measure be held for further study
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2021-06-25: Scheduled for consideration (06/28/2021)
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2021-06-27: Proposed Substitute
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2021-06-28: Committee recommends passage of Sub A
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2021-06-28: Placed on Senate Calendar (06/30/2021)
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2021-06-30: Senate passed Sub A as amended (floor amendment)
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2021-06-30: Placed on the House Consent Calendar (07/01/2021)
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2021-07-01: House passed Sub A as amended in concurrence
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2021-07-06: Transmitted to Governor
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2021-07-08: Signed by Governor
Changes since original draft
2021 – S 0038- 2021 – S 0038 SUBSTITUTE A AS AMENDED
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LC000423- LC000423/SUB A
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- S T A T E O F R H O D E I S L A N D
- IN GENERAL ASSEMBLY
- JANUARY SESSION, A.D. 2021
- ____________
- A N A C T
- RELATING TO HEALTH AND SAFETY – BALLOONS
- Introduced By: Senators Sosnowski, Ruggerio, McCaffrey, Coyne, and Euer
- Date Introduced: January 19, 2021
- Referred To: Senate Environment & Agriculture
- It is enacted by the General Assembly as follows:
SECTION 1. The Public Laws are amended so as to state the policy of the State of Rhode Island with regard to the release of balloons. (a) Legislative findings: (1) It is hereby found and declared as follows: (i) 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; (ii) 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; (iii) 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. SECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby amended by adding thereto the following chapter:- 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.
- 23-95-1. 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:- (a) No person or entity shall intentionally release, intentionally organize the release of, or otherwise intentionally cause the simultaneous release of ten (10) or more balloons 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.
- 23-95-2. 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.- Any person or entity who violates this section shall be subject to a civil penalty of one hundred dollars ($100) for a first offense and up to two hundred fifty dollars ($250) for a second or subsequent offense.
- 23-95-3. 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 3. This act shall take effect on January 1, 2022.- SECTION 2. This act shall take effect on November 1, 2021.
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LC000423- LC000423/SUB A
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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 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 considereda single offense. This act would take effect on January 1, 2022. ======== LC000423 ========- This act would prohibit the intentional simultaneous release of ten (10) or more balloons 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 who violates this provision would be subject to a civil penalty of one hundred dollars ($100) for a first offense and up to two hundred fifty dollars ($250) for a second or subsequent offense.
- This act would take effect on November 1, 2021. ======== LC000423/SUB A ========
Votes
NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the
House or Senate Journal from the day of the vote.
March 05, 2019 at 5:01pm
Yeas: 36 /
Nays: 0 /
Not voting: 2 /
Recused: 0
Floor vote for PASSAGE
IN CONCURRENCE
April 02, 2019 at 4:50pm
Yeas: 70 /
Nays: 0 /
Not voting: 5 /
Recused: 0
Floor vote for Passage
Approval of Amendment
June 30, 2021 at 5:47pm
Yeas: 31 /
Nays: 0 /
Not voting: 7 /
Recused: 0
Floor vote for Passage
Passage as Amended
June 30, 2021 at 5:48pm
Yeas: 33 /
Nays: 2 /
Not voting: 3 /
Recused: 0