SB360: Bill Text

2025 - 2026 LEGISLATURE

LRB-2749/2

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2025 SENATE BILL 360

June 27, 2025 - Introduced by Senators Carpenter, Larson, Ratcliff, Smith and Spreitzer, cosponsored by Representatives Sinicki, Cruz, Ortiz-Velez, Palmeri, Prado and Roe. Referred to Committee on Natural Resources, Veteran and Military Affairs.

SB360,1,4 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.

Analysis by the Legislative Reference Bureau

This bill prohibits the release into the atmosphere of 10 or more balloons constructed with biaxially oriented polyethylene terephthalate (commonly known under the trade name Mylar) and inflated with lighter-than-air gas. A violation of this prohibition is punishable by a $500 forfeiture. The prohibition does not apply to balloons that are 1) released indoors, 2) released for scientific or meteorological purposes, or 3) released by or on behalf of any government agency for scientific or meteorological purposes.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB360,1 Section 1. 23.50 (1) of the statutes is amended to read:

SB360,2,11 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814, for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81, 287.83, and 299.64 (2), subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any administrative rules promulgated thereunder, violations specified under s. 280.98 (2) or 285.86, violations of s. 281.36 if the department chooses to proceed under s. 281.36 (14) (f), violations of ch. 951 if the animal involved is a captive wild animal, violations of rules of the Kickapoo reserve management board under s. 41.41 (7) (k), violations to which s. 299.85 (7) (a) 2. or 4. applies, or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77.

SB360,2 Section 2. 23.65 (1) of the statutes is amended to read:

SB360,2,19 23.65 (1) When it appears to the district attorney that a violation of s. 90.21, 134.60, 281.36, 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81, 287.83, or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31, 169, or 350, or any administrative rule promulgated pursuant thereto, a violation specified under s. 285.86, or a violation of ch. 951, if the animal involved is a captive wild animal, has been committed the district attorney may proceed by complaint and summons.

SB360,3 Section 3. 287.83 of the statutes is created to read:

SB360,2,23 287.83 Limit on releasing balloons. (1) In this section, “balloon” means a flexible, nonporous bag made of biaxially oriented polyethylene terephthalate that is capable of being inflated with gas.

SB360,3,3 (2) No person may knowingly and willfully release, or cause to be released, into the atmosphere 10 or more balloons inflated with a gas that has a density lower than normal atmospheric gases.

SB360,3,4 (3) Subsection (2) does not apply to any of the following:

SB360,3,6 (a) Balloons that are released and remain indoors, if the property owner or lease holder authorizes the release.

SB360,3,7 (b) Balloons released for scientific or meteorological purposes.

SB360,3,9 (c) Balloons released by or on behalf of any government agency or pursuant to a government contract for scientific or meteorological purposes.

SB360,3,11 (4) The department may promulgate rules necessary to implement this section.

SB360,4 Section 4. 287.91 (1) of the statutes is amended to read:

SB360,3,15 287.91 (1) The attorney general shall enforce this chapter except for ss. 287.07, 287.08 and, 287.81, and 287.83 and all rules promulgated under this chapter except under those sections.

SB360,5 Section 5. 287.97 of the statutes is renumbered 287.97 (1) and amended to read:

SB360,3,21 287.97 (1) Any person who violates this chapter, except s. 287.07, 287.08, 287.17, or 287.81, or 287.83, or any rule promulgated under this chapter, except under s. 287.07, 287.08 or, 287.81, or 287.83, may be required to forfeit not less than $10 nor more than $1,000 for each violation.

SB360,6 Section 6. 287.97 (2) of the statutes is created to read:

SB360,4,2 287.97 (2) Any person who violates s. 287.83 or any rule promulgated under s. 287.83 may be required to forfeit not less than $500 for each violation.

SB360,4,3 (end)