Amended

April 22, 2026

 

H. 3047

 

Introduced by Reps. Moss, Haddon and Bauer

 

S. Printed 4/22/26--H.

Read the first time January 14, 2025

 

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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.

    Amend Title To Conform

 

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 subject to a civil fine of up to fifty dollars. The court, instead of payment of the monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor or other form of community service. However, a person seventeen 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.  During the first one hundred eighty days after the effective date of this act, law enforcement officers shall only issue warnings for violations of this section.

 

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, 2027.

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