An Act Regarding the Sale and Release or Abandonment of Balloons
Maine Legislature, Session 129, LD 0937
Committee Amendment CA_A_H167 (House)
Amends: 17 MRSA §2263, 17 MRSA §2263-A, 17 MRSA §2264-A

COMMITTEE AMENDMENT "A .. to H.P. 692, L.D. 937, Bill, "An Act 
Regarding the Sale and Release or Abandonment of Balloons" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding the Outdoor Release or Abandonment of Balloons' 
Amend the bill by strildng out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 17 MRSA §2263, sub-§2, as amended by PL 1995, c. 667, Pt. A, §37, is 
further amended to read: 
2. Litter. 
11Litter
means all waste materials including, but not limited to, bottles, 
glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, offal, except waste parts 
or remains resulting from the normal field dressing of lawfully harvested wild game or 
the lawful use of waste parts or remains of wild game as bait, feathers, except feathers 
from live birds while being transported, abandoned ice-fishing shacks, old automobiles or 
pa1ts of automobiles or similar refuse, or disposable packages or containers thrown or 
deposited as prohibited in this chapte:i;, but not including the wastes of the primary 
processes of mining, logging, sawmilling, farming or manufacturing. 
11Litter
includes all 
waste materials resulting from the outdoor release or abandonment of a balloon. ,·, 
Sec. 2. 17 MRSA §2263-A, sub~§l, as enacted by PL 2003, c. 452, Pt. I, §32 and 
affected by Pt. X, §2, is amended to read: 
1. Prohibited acts. A person niay not throw, drop, deposit, discard, dump or 
otherwise dispose of litter in any manner or amount: 
A. In or on public highway, road, street, alley, public right-of-way or other public 
lands, except in a container or receptacle or on property that is designated for disposal 
of garbage and refuse by the State 01· its agencies or political subdivisions; 
B. In freshwater lake, river, stream, tidal or coastal water or on ice over the water. 
When any litter is thrown or discarded from a watercraft, a person is in violation of 
this section if that person is: 
Page t-129LR0265(02)-1 
COMMITTEE AMENDMENT 
vu'4 
COMMITTEE AMENDMENT "A" to H.P. 692, L.D. 937 
(1) The operator of the watercraft, unless it is a watercraft being used for the 
caniage of passengers for hire; or 
(2) The person actually disposing of the litter. 
This paragraph does not prohibit persons who fish, lobster or otherwise harvest from 
the water from returning to the water harvested products, bait and similar materials 
that naturally originate in the water; · 
C. In or on any private property, unless: 
( 1) Prior consent of the owner has been given; and 
(2) The litter is not a public nuisance or in violation of any state law or local 
rule; 
D. From a trailer or vehicle that is constructed, loaded or uncovered in such a way 
that the load may drop, sift, leak or otherwise escape. This paragraph applies to 
vehicles or trailers carrying trash, rubbish or other materials that may be construed as 
"litter"; or 
E. From a vehicle. When any litter is thrown or discarded from a vehicle, a person is 
in violation of this section if that per~on is: 
(1) The operator of the vehicle,. unless it is a vehicle being used for the carriage 
of passengers for hire; or 
(2) The person actually disposing of the litter. 
It is a violation of this chapter for a person to intentionally release outdoors a balloon that 
is inflated or filled with a gas that is lighter than air, except that it is not a violation of this 
chapter for a person to intentionally release outdoors a balloon carrying scientific 
instrumentation, a balloon used for meteorological observation by a governmental or 
scientific organization or a hot air balloon that is recovered after launching. 
In addition to any penalty under section 2264-A, violation of this subsection is a traffic 
infraction under Title 29-A, chapter 23, subchapter ¥± §. 
A record of a violation of this subsection must be forwarded to the Secretary of State 
who, in accordance with Title 29-A, section 2607, shall add the violation to the 
department's point system. The violation is counted in determining an individual's total 
points under the point system of the Department of the Secretary of State, Bureau of 
Motor Vehicles. 
Sec. 3. 17 MRSA §2264-A, as amended by PL 2011, c. 208, §4, is further 
amended to read: 
§2264-A. Penalties 
Unless otherwise indicated, a person who disposes of litter in violation of this chapter 
commits a civil violation for which the following fines apply. 
1. Disposal of 15 pounds or less or 27 cubic feet or less of litter; intentional 
release of 10 or fewer balloons. A person who disposes of 15 pounds or less or 27 cubic 
feet or less of litter or intentionally releases 10 or fewer balloons at one time in violation 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. 4,, to H.P. 692, L.D. 937 
of this chapter commits a civil violation for which a fine of not less than $100 and not 
more than $500 may be adjudged. 
1-A. Disposal of 15 pounds or less or 27 cubic feet or less of litter; intentional 
release of 10 or fewer balloons; subsequent offenses. 
A person who violates 
subsection 1 after having previously violated subsection 1 commits a civil violation for 
which a fine of not less than $500 and not more than $1,000 may be adjudged. 
2. 
Disposal of more than 15 pounds or more than 27 cubic feet of litter; 
intentional release of more than 10 balloons. A person who disposes of more than 15 
pounds or more than 27 cubic feet of litter or intentionally releases more than 10 balloons 
at one time in violation of this chapter commits a civil violation for which the court: 
A. Shall impose a fine of not less than $500; 
B. 
Shall require the person to pay a party sustaining damages arising out of a 
violation of this subsection treble the actual damages or $200, whichever amount is 
greater, plus the injured party's court costs and attorney's fees if action results in a 
civil proceeding; 
C. Shall require the person to perform not less than 100 hours of public service 
relating to the removal of litter or• to the restoration of an area polluted by litter 
disposed of in violation of this : section. 
The court shall consult with the 
Commissioner of Inland Fisheries artd Wildlife to determine if there is an opportunity 
for public service that may improve landowner and sportsman relations; 
D. When practical, shall require the person to remove the litter dumped in violation 
of this subsection; 
E. May suspend the person's motor vehicle operator's license for a period of not less 
than 30 days or more than one year, except as provided in paragraph F. 
Notwithstanding paragraph F, the court shall suspend all licenses and permits issued 
under Title 12, Patt 13, subpart: 4 and recreational vehicle registrations and 
certificates issued to that person under Title 12, Part 13, subpart 6 for a period of not 
less than 30 days or more than one year; and 
F. May suspend any license, permit, registration or certification issued by a state 
agency or municipality to the person. A professional license, permit, registration or 
certification required for that person to operate or establish a business or necessary 
for the person's primary source o( employment may not be suspended unless the 
items dumped were related to the person's profession or occupation. 
2-A. Disposal of more than 15 pounds or more than 27 cubic feet of litter; 
intentional release of more than 10 balloons; subsequent offenses. A person who 
violates subsection 2 after having previously violated subsection 2 commits a civil 
violation for which the penalty provisions under subsection 2 apply except for subsection 
2, paragraph A, and a fine of not less than $2,000 must be adjudged. 
3. Disposal of more than 500 pounds or more than 100 cubic feet of litter for a 
commercial purpose. A person who disposes of more than 500 pounds or more than 100 
cubic feet of litter for a commercial purpose is subject to the penalties under Title 38, 
section 349.' 
COMMITTEE AMENDMENT 
\'t ~ ~. 
COMMITTEE AMENDMENT .;J .. to H.P. 692, L.D. 937 
SUMMARY 
This amendment, which is the majority report of the committee, changes the title and 
replaces the bill. It amends the State's litter law to clarify that waste materials resulting 
from the outdoor release or abandonm~nt of a balloon constitute litter under that law. 
The amendment also provides that it is a violation of the litter law for a person to 
intentionally release outdoors a balloon that is inflated or filled with a gas that is lighter 
than air, except for a balloon carrying scientific instrumentation, a balloon used for 
meteorological observation by a governmental or scientific organization or a hot air 
balloon that is recovered after launching. It applies a civil penalty of not less than $100 
and not more than $500 for the illegal intentional release of up to 10 balloons and a civil 
penalty of not less than $500 for the illegal intentional release of more than 10 balloons. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/09/19 feae 
LD937 
LR265(02) 
An Act Regarding the Sale and Release or Abandonment of Balloons 
Fiscal Note for Bill as Amended by Committee Amendment·~{ JI~/~ V 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase " General Fund 
Minor revenue increase " General Fund 
Minor revenue increase" Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fine revenue will increase General Fund and dedicated revenue by minor amounts. 
LR0265(02) " Fiscal Note " Page 1 of 1