Pennsylvania SB 879: An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in game or wildlife protection, providing for unlawful release of certain balloons.

Bill Text

PRINTER'S NO. 991
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 879
Session of
2025
INTRODUCED BY CAPPELLETTI, HAYWOOD, SAVAL, VOGEL AND
L. WILLIAMS, JUNE 24, 2025
REFERRED TO GAME AND FISHERIES, JUNE 24, 2025
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in game or wildlife protection, providing for
unlawful release of certain balloons.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 34 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2168. Unlawful release of certain balloons.
(a) Declaration of policy.--The Commonwealth has determined
that the commission has sufficient interest in the maintenance
and care of wildlife, livestock and pets to provide protections
from the many hazards and threats that an intentional balloon
release causes.
(b) Violation.--Except as provided under subsection (d), it
shall be unlawful for any person to knowingly release, organize
the release of or knowingly cause to be released into the
atmosphere a balloon that is inflated with a substance that is
lighter than air.
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(c) Civil penalty.--A person who violates this section shall
be liable for a civil penalty not to exceed $5 per balloon
released. The civil penalty shall be paid into the Game Fund
established under section 521 (relating to establishment and use
of Game Fund).
(d) Exceptions.--This section shall not apply to the
following:
(1) A balloon released by or on behalf of a higher
education institution, an agency of the Commonwealth or the
United States or under a contract with the Commonwealth, the
United States or any other State, territory or government for
educational research or scientific or meteorological
purposes.
(2) A hot air balloon that is recovered after launch.
(3) A balloon released indoors, unless released with
knowledge of an area open to the outdoor atmosphere that is
in the immediate vicinity of the release.
(4) A balloon that is attached to a radio tracking
device.
(5) A balloon that is released on the basis of a
person's religious beliefs, practices or observances, as
determined by rule of the commission properly regulated under
section 2102 (relating to regulations), if prior written
approval and a proper permit for balloon release is obtained
through a government entity pursuant to the government
entity's permitting process.
(6) A balloon that is either biodegradable or
photodegradable, as determined by rule of the commission
properly regulated under section 2102.
(e) Construction.--Nothing in this section shall be
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construed to limit the powers and duties of the commission under
this title or its ability to promulgate regulations under this
section.
(f) Public notification.--The Department of Conservation and
Natural Resources shall provide public notice of the provisions
of this ban through the following methods:
(1) A publicly accessible notice on the Department of
Conservation and Natural Resources' publicly accessible
Internet website outlining the prohibition of balloon
releases.
(2) The installation of permanent signage at the
entrances of all State parks and State forests. The signage
shall clearly communicate the restriction, be weather-
resistant and feature text that is legible from a minimum
distance of 80 feet.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Balloon." A nonporous flexible bag that is made of a
nonbiodegradable or nonphotodegradable material or any material
that requires more than a five minutes' contact with air or
water to degrade, usually made of Mylar and latex, whether
filled or unfilled.
"Government entity." Any:
(1) branch, subdivision or agency of the Federal or
State government;
(2) political subdivision; or
(3) municipal or local authority.
"Higher education institution." Any of the accredited
following:
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(1) A public institution of higher education as defined
under section 2001-L of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949.
(2) A rural regional college operating under Article
XIX-G of the Public School Code of 1949.
(3) A State-related institution as defined under section
1502-A of the Public School Code of 1949.
(4) The Thaddeus Stevens College of Technology as
authorized to operate under section 1903-B of the Public
School Code of 1949.
"Person." An individual of at least 13 years of age, a
corporation, partnership, limited liability company, business
trust, nonprofit organization or any other association or legal
entity as the context requires.
"Radio tracking device." An instrument that emanates a
signal that allo