Indicates Matter Stricken

Indicates New Matter

 

Committee Report

April 15, 2026

 

H. 3047

 

Introduced by Reps. Moss and Haddon

 

S. Printed 4/15/26--H.

Read the first time January 14, 2025

 

________

 

The committee on House Judiciary

To whom was referred a Bill (H. 3047) to amend the South Carolina Code of Laws by adding Section 16-11-705 so as to create the offense of intentionally releasing, organizing the release of, or intentionally, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1.A.  Section 16-11-700(A) of the S.C. Code is amended to read:

 

    (A) A person, from a vehicle or otherwise, may not dump, throw, drop, deposit, discard, or otherwise dispose of litter or other solid waste, as defined by Section 44-96-40(2), (6), (32), (33), (43), (46), (73), and (74), and including balloons that are intentionally released and not subsequently recovered and properly discarded, cigarette butts, and cigarette component litter, upon waters or public or private property in the State for which he is not the legal owner or a person otherwise granted permission by the legal owner including, but not limited to, a highway, park, beach, campground, forest land, recreational area, trailer park, road, street, or alley except:

       (1) on property designated by the State for the disposal of litter and other solid waste and the person is authorized to use the property for that purpose; or

       (2) into a litter receptacle in a manner that the litter is prevented from being carried away or deposited by the elements upon a part of the private or public property or waters.

 

B. Section 16-11-700 of the S.C. Code is amended by adding:

 

    (N) The provisions of subsection (A) relating to litter offenses regarding balloons do not apply, and a person may not be charged with a violation, if:

       (1) balloons are released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes;

       (2) hot air balloons are recovered after launching;

       (3) balloons are released indoors; or

       (4) balloons are released by a person under the age of eighteen.

 

SECTION 2.  During the first one hundred eighty days after the effective date of this act, law enforcement officers shall only issue warnings for litter violations regarding the release of balloons pursuant to subsection 16-11-700(A) as amended by this act.

 

SECTION 3.  The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.  After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

 

SECTION 4.  This act takes effect on July 1, 2026.

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill creates the offense of intentionally releasing balloons filled with lighter than air gas. Violations are punished pursuant to Section 16-11-700 regarding dumping litter on private or public property.

Judicial anticipates this bill may result in an increase in the number of cases in local courts, which may increase the workload of the court system and downstream expenses such as court interpreting. The potential increase will depend on the number of people who are currently engaging in conduct that will now be deemed contrary to the law and how vigorously the law will be enforced. Judicial anticipates the increased expenses can be initially managed within existing appropriations. However, Judicial indicated that if the increase in the caseload and corresponding downstream expenses is significant, it will request additional General Fund appropriations.   

 

State Revenue

This bill may result in a change in the fines and fees collected in court due to the potential increase in the caseload in court. Court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this bill may result in a change to revenue due to the change in fines and fees collections in court.

 

Local Expenditure

RFA contacted all counties in the state and MASC to determine the potential expenditure impact this bill may have for local governments. We received a response from Charleston County, Florence County, Lancaster County, and MASC. Charleston, Florence, and Lancaster Counties indicate that the bill will have no expenditure impact. Additionally, MASC notes that municipalities may also incur costs related to law enforcement training.

This bill may result in an increase in the number of local court cases and potentially the number of incarcerations, which may increase the workload of the court system and local jails. The newly created misdemeanor is punished pursuant to section 16-11-700 which categorizes offenses by the weight of litter. Violations of not more than fifteen pounds result in a fine of $25 to $100 or imprisonment up to thirty days; violations of fifteen to 500 pounds result in fines of $200 to $500 or imprisonment up to thirty days; and violations of more than 500 pounds result in a fine of $500 to $1,000, or imprisonment of up to one year, or both. The potential increase in expenses will depend upon the increase in the number of cases and number of incarcerations. Judicial anticipates that the potential increase in caseload can be managed within existing resources. The potential increase in expenses for local jails will depend upon the increase in the number of cases and number of incarcerations.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-11-705 SO AS TO CREATE THE OFFENSE OF INTENTIONALLY RELEASING, ORGANIZING THE RELEASE OF, OR INTENTIONALLY CAUSING THE RELEASE OF BALLOONS INFLATED WITH GAS THAT IS LIGHTER THAN AIR, AND TO PROVIDE EXCEPTIONS; BY AMENDING SECTION 16-11-700, RELATING TO THE DUMPING OF LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, AND PENALTIES, SO AS TO INCLUDE BALLOONS IN THE LITTER STATUTE; AND BY AMENDING SECTION 16-11-710, RELATING TO THE ACCEPTANCE OF A CASH BOND IN LIEU OF AN IMMEDIATE COURT APPEARANCE IN LITTER CONTROL PROSECUTIONS, SO AS TO INCLUDE A VIOLATION OF THE BALLOON STATUTE WHEN A CASH BOND IS ALLOWED.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 7, Chapter 11, Title 16 of the S.C. Code is amended by adding:

 

    Section 16-11-705. (A) It is unlawful for a person to intentionally release, organize the release of, or intentionally cause to be released balloons inflated with a gas that is lighter than air with the following exceptions:

       (1) balloons released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes;

       (2) hot air balloons recovered after launching; or

       (3) balloons released indoors.

    (B) A violation of this section is deemed littering and is punishable pursuant to the provisions of Section 16-11-700. However, a person six years of age or younger may not be charged with a violation of this section.

    (C) For purposes of this section, "person" means an individual, group of individuals, or organization.

 

SECTION 2.  Section 16-11-700(A) of the S.C. Code is amended to read:

 

    (A) A person, from a vehicle or otherwise, may not dump, throw, drop, deposit, discard, or otherwise dispose of litter or other solid waste, as defined by Section 44-96-40(2), (6), (32), (33), (43), (46), (73), and (74), and including balloons pursuant to Section 16-11-705, cigarette butts, and cigarette component litter, upon waters or public or private property in the State for which he is not the legal owner or a person otherwise granted permission by the legal owner including, but not limited to, a highway, park, beach, campground, forest land, recreational area, trailer park, road, street, or alley except:

       (1) on property designated by the State for the disposal of litter and other solid waste and the person is authorized to use the property for that purpose; or

       (2) into a litter receptacle in a manner that the litter is prevented from being carried away or deposited by the elements upon a part of the private or public property or waters.

 

SECTION 3.  Section 16-11-710 of the S.C. Code is amended to read:

 

    Section 16-11-710. When any a person is charged with a violation of Section 16-11-700 or Section 16-11-705 or any county ordinance relating to litter control, any officer authorized to enforce suchthe law or ordinance may accept a cash bond in lieu of requiring an immediate court appearance. Such bondBond shall not exceed the maximum fine provided for a conviction of the offense charged and may be forfeited to the court by the enforcement officer if the person charged fails to appear in court.

 

SECTION 4.  The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.  After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

 

SECTION 5.  This act takes effect upon approval by the Governor.

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