July 2008
The balloon industry has reached an agreement with Senator Scott and his staff on SB 1499, and it does NOT include a ban on helium-filled foil balloons. The bill was amended July 15, 2008, in the Assembly Appropriations Committee, where it went to the "suspense file". The suspense file is a routine method by which the committee prioritizes bills. This bill still has to pass Appropriations, the full Assembly, go back to the Senate and finally signed by the Governor to become law.

Both sides agree that consumer education is going to be a very important piece to making the revised California Balloon Law effective. The compromise reached will include increased public awareness about the appropriate use and disposal of foil balloons without criminalizing their sale or otherwise harming the California residents who bought 45 million of these balloons last year or the tens of thousands of small local businesses that sold them. In keeping with the spirit of this bill, as an industry, we will be working to further increase public awareness of appropriate use of foil balloons. This is a meaningful compromise that will serve the public well.

The amendments to the current bill include:

For manufacturers:

-         Increase the size of the warning on the balloon so all manufacturers are consistent.

-         Fund a study to research a new material to possibly be used in place of foil in the future.

For distributors:

-         Educate retailers on the California Balloon Law.

-         Include information on the California Balloon Law in every shipment to customers in California.

For retailers:

-         Inform consumers of the California Balloon Law via store posters or other means.

-         Toys and edibles will not be considered weights; therefore, you must attach a weight in addition to any toys and edibles.

Fine

-         The fine for not following any of these rules is increasing from $100 to $250.

The California Senate Public Safety Committee met Tuesday, April 08, 2008.

The committee heard testimony on a bill sponsored by Senator Jack Scott, Senate Bill 1499, which would makes it a crime for any person to sell or distribute any balloon that is constructed of electrically conductive material, and filled with a gas lighter than air, or any balloon filled with a gas lighter than air that is attached to an electrically conductive string, tether, streamer, or other electrically conductive appurtenance, except as specified.  The bill was moved out of committee by a 4-0 vote.

The language to ban silver balloons was actually an amendment to a bill that had nothing to do with balloons. Upon hearing about the balloon ban amendment The Balloon Council (TBC) retained a local lobbyist, submitted an opposition letter, sent out an email calling all TBC members into action by asking them to call the bill sponsor and the Public Safety Committee members. In our previous conversations with the bill author and after the committee,  Senator Scott asked that we work with him on alternatives to this legislation. Senator Scott and the utility companies are talking with TBC and indicating a desire to work with us. We are hopeful that we can reach an accord acceptable to the balloon industry

Next steps in the legislature:

SB 1499 now goes to the Senate Appropriations Committee.

If SB 1499 were to pass out of Senate Appropriations it would then go to the Senate floor to be voted on. If passed it would then have to go through the same steps in Assembly. This gives us time to coordinate our efforts and work this.

Next steps for TBC:

We will continue dialogue with Senator Jack Scott.  Before SB 1499 is heard in Appropriations Committee meeting, TBC will schedule meetings to speak with each Senator personally and go on record in opposition.

TBC will continue to keep California retailers as well as other interested parties across the country updated on developments and ask for their participation in calls to action, meetings, and attendance at hearings.

Please forward the email link found below to others concerned and I will put them on list for updates and calls to action.

Please let us know if you have any contacts with members of the legislature either elected officials or staff. Additionally, if you have customers or suppliers that would be affected by this legislation, please see if they would be willing to reach out to their contacts in the legislature.

THANK YOU!

LORNA O’HARA

The Balloon Council

HOTLINE: 800-233-8887
E-mail: theballooncouncil@ppag.com