1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Balloon” means a nonporous bag of tough and light material, generally latex or Mylar, whether filled or unfilled.
   3. (3) “Mass balloon release” means an event where a person or persons knowingly and intentionally release or cause to be released 10 or more balloons into the atmosphere.
   4. (4) “Person” means an individual at least 13 years old, a corporation, a partnership, an association, a nonprofit entity, the State, or any unit or political subdivision of the State.
   5. (5) “Radio tracking device” means an instrument that emanates a signal that allows an operator to determine the position of a released balloon.

2. (b) This section does not apply to:

   1. (1) A balloon that is released for scientific or meteorological purposes:

      1. (i) By or on behalf of an agency of the State or the United States;
      2. (ii) In accordance with a contract with the State, the United States, or any other state; or
      3. (iii) By an institution of higher education conducting research;

   2. (2) A balloon that is:

      1. (i) Attached to a radio tracking device; and
      2. (ii) Released by a person who holds an amateur operator license issued by the Federal Communications Commission;
   3. (3) A hot air balloon that is recovered after launch; or
   4. (4) The negligent or unintentional release of a balloon.

3. (c)

   1. (1) A person may not knowingly and intentionally release or cause to be released a balloon into the atmosphere.
   2. (2) A person may not organize or participate in a mass balloon release.

4. (d)

   1. (1) A person who violates subsection (c)(1) of this section shall perform 6 hours of community service or watch an educational video on environmental damage caused by human pollution or both.
   2. (2) A person who violates subsection (c)(2) of this section is subject to a civil penalty not exceeding $100 per violation.
   3. (3) Each act of releasing, or organizing the release of, a balloon or group of balloons constitutes a separate violation.

5. (e)

   1. (1) Except as provided in paragraph (2) of this subsection, the Department shall enforce this section.
   2. (2) The Department may delegate its authority to enforce this section to an enforcement unit, officer, or official of a county, a municipality, or any other local government.
   3. (3) An enforcement unit, officer, or official of a local government with delegated authority shall report each violation under this section to the Department.
   4. (4) The Department shall select, procure, or develop an educational video that does not exceed 1 hour in duration on environmental damage caused by human pollution that a person who violates subsection (c)(1) of this section may view in accordance with subsection (d)(1) of this section.

Added by Acts 2021, c. 610, § 1, eff. Oct. 1, 2021; Acts 2021, c. 611, § 1, eff. Oct. 1, 2021.