An Act Regarding the Outdoor Release or Abandonment of Balloons
Maine Legislature, Session 130, LD 0618
Committee: Environment and Natural Resources
Sponsors: BLUME
Amends: 17 MRSA §2263, 17 MRSA §2263-A, 17 MRSA §2264-A

Legislative Document
No. 618
H.P. 454
House of Representatives, March 1, 2021
An Act Regarding the Outdoor Release or Abandonment of 
Balloons
Received by the Clerk of the House on February 25, 2021.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BLUME of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17 MRSA §2263, sub-§2, as amended by PL 2019, c. 620, §1, is further 
amended to read:
2.  Litter.  "Litter" 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 parts 
of automobiles or similar refuse, or disposable packages or containers thrown or deposited 
as prohibited in this chapter, but not including the wastes of the primary processes of 
mining, logging, sawmilling, farming or manufacturing.  "Litter" includes waste materials 
resulting from or associated with the use of tobacco products, including, but not limited to, 
cigarette butts, and all waste materials resulting from the outdoor release or abandonment 
of a balloon.
For the purposes of this subsection, "tobacco product" has the same meaning as in Title 22, 
section 1551, subsection 3.
Sec. 2.  17 MRSA §2263-A, sub-§1, as enacted by PL 2003, c. 452, Pt. I, §32 and 
affected by Pt. X, §2, is amended by enacting before the first blocked paragraph a new 
blocked paragraph to read:
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.
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 intentionally releases 10 or fewer balloons at one 
time in violation of this chapter or who disposes of 15 pounds or less or 27 cubic feet or 
less of litter 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 
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 intentionally releases more than 10 
balloons at one time in violation of this chapter or who disposes of more than 15 pounds or 
more than 27 cubic feet of litter 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 and 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, Part 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 of 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.
SUMMARY
This bill amends the State's litter control law to clarify that waste materials resulting 
from the outdoor release or abandonment of a balloon constitute litter under that law.  It 
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.