An Act to renumber and amend 287.97; to amend 23.50 (1), 23.65 (1) and 287.91 (1); to create 287.83 and 287.97 (2) of the statutes; Relating to: limiting the release of certain balloons into the atmosphere, granting rule-making authority, and providing a penalty.
Summary
AB352 would create a new statutory prohibition on knowingly and willfully releasing 10 or more helium- or other lighter-than-air gas-filled balloons made of biaxially oriented polyethylene terephthalate (commonly known as Mylar) into the atmosphere. The bill defines the covered balloons, sets out narrow exceptions for indoor releases and for scientific or meteorological purposes, and allows releases by or on behalf of government agencies or under government contracts for those same purposes. It also grants the Department of Natural Resources rulemaking authority to implement the new section.
The bill amends related enforcement provisions in Wisconsin’s environmental statutes so that violations of the new balloon-release restriction are treated like other chapter 287 violations for purposes of enforcement and forfeiture procedures. It creates a specific penalty provision requiring a forfeiture of not less than $500 for each violation of the new balloon-release ban, while also updating references in the statutes to include the new section among provisions enforceable by the attorney general and district attorneys.
Impact
AB352 would add a new restriction to Wisconsin’s environmental and waste-management laws, specifically chapter 287, by making mass releases of Mylar balloons unlawful and by establishing a dedicated penalty for violations. It would also modify existing forfeiture and prosecution provisions in chapters 23 and 287 so that the new balloon-release offense is integrated into the state’s enforcement framework, affecting the Department of Natural Resources, the attorney general, district attorneys, and anyone who organizes or participates in balloon releases.
Sentiment
The available record shows no committee transcript or recorded votes, so there is no direct evidence of debate or bipartisan support in the materials provided. The bill’s introduction and referral to the Environment Committee suggest it was treated as an environmental protection measure, but its final status indicates it did not advance and ultimately failed to pass pursuant to Senate Joint Resolution 1.
Contention
The main likely point of contention is the scope of the prohibition: the bill targets releases of 10 or more Mylar balloons, which may be viewed by supporters as a targeted litter and wildlife-protection measure, but by opponents as an unnecessary restriction on celebratory or event-related activities. Another possible issue is enforcement and penalty level, since the bill imposes a $500 forfeiture per violation and expands state enforcement authority, which could raise concerns about compliance burdens and the reach of state regulation. The exceptions for indoor, scientific, meteorological, and certain government-related releases appear designed to narrow the bill’s reach and may reflect attempts to address such concerns.
Crossfiled
An Act to renumber and amend 287.97; to amend 23.50 (1), 23.65 (1) and 287.91 (1); to create 287.83 and 287.97 (2) of the statutes; Relating to: limiting the release of certain balloons into the atmosphere, granting rule-making authority, and providing a penalty.