MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary A

By: Representatives Fondren, Kinkade

House Bill 1045

AN ACT TO PROHIBIT A PERSON SIXTEEN YEARS OF AGE OR OLDER FROM INTENTIONALLY RELEASING OR DISCARDING, OR CAUSING TO BE RELEASED OR DISCARDED OUTDOORS, ANY BALLOON MADE OF A NONBIODEGRADABLE OR NONPHOTODEGRADABLE MATERIAL OR ANY MATERIAL THAT REQUIRES MORE THAN FIVE MINUTES CONTACT WITH AIR OR WATER TO DEGRADE; TO PROVIDE PENALTIES FOR A VIOLATION OF THIS SECTION; TO PROVIDE CERTAIN EXCEPTIONS FOR BALLOONS RELEASED FOR SCIENTIFIC OR METEOROLOGICAL PURPOSES BY ANY STATE OR FEDERAL AGENCY, OR AS PART OF A CONTRACT WITH THE STATE OF MISSISSIPPI, THE UNITED STATES, OR ANY OTHER STATE, TERRITORY, OR GOVERNMENT, OR HOT AIR BALLOONS THAT ARE RECOVERED AFTER LAUNCH; TO DEFINE THE TERM "HOT AIR BALLOON"; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  It is unlawful for any person sixteen (16) years of age or older or other person to intentionally release, discard, or cause to be released or discarded outdoors, any balloon made of a nonbiodegradable or nonphotodegradable material or any material that requires more than five (5) minutes contact with air or water to degrade.

     (2)  Any person convicted of a violation of this section shall be assessed a fine of Twenty-five Dollars ($25.00) per balloon released or discarded, which shall be paid to the Mississippi Outdoor Stewardship Trust Fund, as provided for in Section 49-39-7.  If a person under the age of sixteen (16) releases a balloon by arrangement with, or at the instruction of, a person sixteen (16) years of age or older, such person who is sixteen (16) years of age or older is liable for the fine assessed in this subsection (2).

     (3)  The provisions of this section shall not apply to any balloon released by, or on behalf of, any agency of the State of Mississippi, or the United States, or under a contract with the State of Mississippi, the United States, or any other state, territory, or government for scientific or meteorological purposes, or a hot air balloon that is recovered after launch.

     (4)  For purposes of this section, a "hot air balloon" is an aircraft that floats in the sky, consisting of a large bag or balloon filled with heated air or other gas, with a basket or container hanging under it, or suspended beneath it, which carries passengers and a source of heat.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2024.