H. B. 2046


(By Delegate Carper)
[Introduced February 10, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend article seven, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-six-a, relating to the regulation of lighter- than-air-balloons and making the release of more than five lighter-than-air-balloons within a twenty-four hour period a misdemeanor offense.

Be it enacted by the Legislature of West Virginia:
That article seven, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-six-a, to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.

§20-7-26a. Regulation of lighter-than-air balloons.

(a) It is unlawful for any person or group of persons to knowingly release or cause to be released into the atmosphere within a twenty-four hour period five or more balloons which are: (1) Made of a nonbiodegradable or nonphotodegradable material or any material which requires more than five minutes' contact with air or water to degrade, and (2) inflated with a substance which is lighter than air. Any person who violates the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars.
(b) The provisions of this section do not apply to (1) balloons released by or on behalf of any agency of this state or the United States or pursuant to a contract with this state, the United States or any other state, territory or government for scientific or meteorological purposes, or (2) hot air balloons that are recovered after launch.



NOTE: The purpose of this bill is to make the release into the atmosphere more than five lighter-than-air-balloons in a twenty-four hour period a misdemeanor offense. The bill provides exceptions for certain scientific balloons and balloons recovered after launch.

This section is new; therefore, strike-throughs and underscoring have been omitted.