Sections 2-10 of this bill set forth certain requirements and restrictions concerning the manufacturing and sale of foil balloons, which section 5 of this bill defines, in general, to mean a balloon that is constructed of electrically conductive material and that is not a hot air balloon or a balloon used in a governmental or scientific research project. Section 2 sets forth certain legislative findings and declarations concerning foil balloons. Section 7 of this bill requires a person who manufactures a foil balloon in this State to include certain markings on the foil balloon. Section 7 also prohibits a person from selling, offering for sale or distributing a foil balloon that is filled with a gas that is lighter than air unless: (1) an object of sufficient weight is affixed to the balloon or its appurtenance to counter the lift capability of the foil balloon; and (2) no electrically conductive string, tether or streamer or other electrically conductive object is attached to the foil balloon. Section 9 of this bill requires the Public Utilities Commission of Nevada to adopt a standard for the testing and evaluation of the dielectric performance of foil balloons. Section 9: (1) requires that standard to be the P2845 Standard, if the P2845 Standard is deemed final and approved; and (2) sets forth the conditions under which the P2845 Standard is deemed final and approved. Section 6 of this bill defines “P2845 Standard” to mean, in general, a certain specified standard for the testing and evaluation of the dielectric performance of foil balloons established by the Institute of Electrical and Electronics Engineers. Section 8 of this bill: (1) requires any foil balloon sold, offered for sale or manufactured in this State to have been tested in accordance with, and meet the performance standards set forth in, the standard adopted by the Commission pursuant to section 9; and (2) prohibits a person from selling, offering for sale or manufacturing a foil balloon in this State unless the foil balloon meets those requirements. Section 8 provides for the gradual implementation of those requirements by setting forth certain deadlines by which certain percentages of the foil balloons sold, offered for sale or manufactured by a person must comply with those requirements. Section 8 sets forth certain circumstances under which those deadlines may be extended. Section 10 provides for the imposition of a civil penalty against a person who sells, offers for sale or manufactures a foil balloon in violation of sections 2-10 not to exceed $50 for each balloon sold, offered for sale or manufactured, not to exceed $2,500 for each day on which a violation occurs. Section 10 authorizes the Attorney General, a district attorney or a city attorney to: (1) recover the civil penalties in a civil action; and (2) bring an action to enjoin any violation of sections 2-10. Existing law: (1) makes it unlawful to commit certain acts involving theft or damage to property of a public utility; (2) prescribes certain criminal penalties for the commission of such unlawful acts; and (3) provides for a civil action for damages for an injury to or the destruction of the property of a public utility. (NRS 704.800, 704.805) Section 11 of this bill makes it unlawful for a person, with the intent to interfere or otherwise prevent the performance of the normal function of any infrastructure owned by a public utility, to: (1) commit any trespass upon the infrastructure; or (2) intentionally or recklessly deface, damage or tamper with the infrastructure. Section 12 of this bill authorizes a public utility to bring a civil action for damages against any person who violates the prohibition created by section 11. Under existing law, if a person commits an assault upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty and the person knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver or a transit operator, the person is guilty of: (1) a category B felony if the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon; (2) a category D felony if the person is a probationer, prisoner or parolee; or (3) if neither of those circumstances is present, a gross misdemeanor. (NRS 200.471) Additionally, under existing law, if a person commits a battery upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator, and the person knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver or a transit operator, the person is guilty of: (1) a category B felony if the battery causes substantial bodily harm or is committed by strangulation; or (2) if those circumstances are not present and no greater penalty is provided by law, a gross misdemeanor. (NRS 200.481) Sections 10.3 and 10.6 of this bill provide for the imposition of those penalties for an assault or battery committed upon a utility worker.

Statutes affected:
As Introduced: 704.800, 704.805
Reprint 1: 200.471, 200.481, 704.800, 704.805
Reprint 2: 200.471, 200.481, 704.800, 704.805
As Enrolled: 200.471, 200.481, 704.800, 704.805
BDR: 704.800, 704.805