H 3047 — Litter, balloons

2025-2026 Bill 3047 Text of Previous Version (Apr.(Dec.

15,06, 2026)2024) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 3047Indicates Matter StrickenIndicates New Matter(Text matches printed bills.

Document has been reformatted to meet World Wide Web specifications.) Indicates  Matter  Stricken  Indicates  New  Matter    Committee  ReportA Aprilbill 15,  2026TO  AMEND H.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;

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.