North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S207 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 207
	3	+	S D
	4	+	SENATE BILL DRS45105-ML-96A
	5	+
5	6
6	7
7	8		Short Title: Litter Law/Rebuttable Presumption. (Public)
8	9		Sponsors: Senators McInnis, Jarvis, and Daniel (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 3, 2025~~
11		-	~~S207 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS45105 -ML-96A
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO CREATE A REBUTTABLE PRESUMPTION THAT A PERSON COMMITTED 2
14	15		THE OFFENSE OF LITTERING IF THE LITTER INCLUDES DOCUMENTS OR 3
15	16		OBJECTS THAT CLEARLY BEAR THE NAME OF THE PERSON . 4
16	17		The General Assembly of North Carolina enacts: 5
17	18		SECTION 1. G.S. 14-399 reads as rewritten: 6
18	19		"§ 14-399. Littering. 7
19	20		(a) No person, including any firm, organization, private corporation, or governing body, 8
20	21		agents or employees of any municipal corporation shall intentionally or recklessly throw, scatter, 9
21	22		spill or place or intentionally or recklessly cause to be blown, scattered, spilled, thrown or placed 10
22	23		or otherwise dispose of any litter upon any public property or private property not owned by the 11
23	24		person within this State or in the waters of this State including any public highway, public park, 12
24	25		lake, river, ocean, beach, campground, forestland, recreational area, trailer park, highway, road, 13
25	26		street or alley except:except in either of the following situations: 14
26	27		(1) When the property is designated by the State or political subdivision thereof 15
27	28		for the disposal of garbage and refuse, and the person is authorized to use the 16
28	29		property for this purpose; orpurpose. 17
29	30		(2) Into a litter receptacle in a manner that the litter will be prevented from being 18
30	31		carried away or deposited by the elements upon any part of the private or 19
31	32		public property or waters. 20
32	33		(a1) No person, including any firm, organization, private corporation, or governing body, 21
33	34		agents, or employees of any municipal corporation shall scatter, spill, or place or cause to be 22
34	35		blown, scattered, spilled, or placed or otherwise dispose of any litter upon any public property or 23
35	36		private property not owned by the person within this State or in the waters of this State including 24
36	37		any public highway, public park, lake, river, ocean, beach, campground, forestland, recreational 25
37	38		area, trailer park, highway, road, street, or alley except:except in either of the following 26
38	39		situations: 27
39	40		(1) When the property is designated by the State or political subdivision thereof 28
40	41		for the disposal of garbage and refuse, and the person is authorized to use the 29
41	42		property for this purpose; orpurpose. 30
42	43		(2) Into a litter receptacle in a manner that the litter will be prevented from being 31
43	44		carried away or deposited by the elements upon any part of the private or 32
44	45		public property or waters. 33
45	46		… 34
46	47		(b1) Any litter found that includes documents or objects clearly bearing the name of a 35
47		-	person, including bank statements, utility bills, bank card bills, medical bills, prescription bottles, 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 207-First Edition
	48	+	person, including bank statements, utility bills, bank card bills, medical bills, prescription bottles, 36
	49	+	FILED SENATE
	50	+	Feb 27, 2025
	51	+	S.B. 207
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS45105-ML-96A
49	54		and other financial or medical documents or objects, shall create a permissive rebuttable 1
50	55		presumption that the person whose name appears on the document knowingly committed the 2
51	56		offense. Advertising, marketing, and campaign materials and literature shall not be sufficient to 3
52	57		create a rebuttable presumption under this subsection. 4
53	58		… 5
54	59		(e2) If any person violates subsection (a) or (a1) of this section in an amount exceeding 10 6
55	60		pounds or in any quantity for commercial purposes, or discards litter that is a hazardous waste as 7
56	61		defined in G.S. 130A-290, the court shall order the violator to:to do any of the following: 8
57	62		(1) Remove, or render harmless, the litter that he discarded in violation of this 9
58	63		section;section. 10
59	64		(2) Repair or restore property damaged by, or pay damages for any damage 11
60	65		arising out of, his discarding litter in violation of this section; orsection. 12
61	66		(3) Perform community public service relating to the removal of litter discarded 13
62	67		in violation of this section or to the restoration of an area polluted by litter 14
63	68		discarded in violation of this section. 15
64	69		… 16
65	70		(i) For the purpose of the section, unless the context requires otherwise:otherwise, all of 17
66	71		the following definitions apply: 18
67	72		(1) "Aircraft" means a Aircraft. – A motor vehicle or other vehicle that is used or 19
68	73		designed to fly, but does not include a parachute or any other device used 20
69	74		primarily as safety equipment. 21
70	75		(2) Repealed by Session Laws 1999-454, s. 1. 22
71	76		(2a) "Commercial purposes" means litter Commercial purposes. – Litter discarded 23
72	77		by a business, corporation, association, partnership, sole proprietorship, or any 24
73	78		other entity conducting business for economic gain, or by an employee or 25
74	79		agent of the entity. 26
75	80		(3) "Law enforcement officer" means any Law enforcement officer. – Any law 27
76	81		enforcement officer sworn and certified pursuant to Article 1 of Chapter 17C 28
77	82		or 17E of the General Statutes, except company police officers as defined in 29
78	83		G.S. 74E-6(b)(3). In addition, and solely for the purposes of this section, "law 30
79	84		enforcement officer" means any employee of a county or municipality 31
80	85		designated by the county or municipality as a litter enforcement officer. 32
81	86		(4) "Litter" means any Litter. – Any garbage, rubbish, trash, refuse, can, bottle, 33
82	87		box, container, wrapper, paper, paper product, tire, appliance, mechanical 34
83	88		equipment or part, building or construction material, tool, machinery, wood, 35
84	89		motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or 36
85	90		equipment, sludge from a waste treatment facility, water supply treatment 37
86	91		plant, or air pollution control facility, dead animal, or discarded material in 38
87	92		any form resulting from domestic, industrial, commercial, mining, 39
88	93		agricultural, or governmental operations. While being used for or distributed 40
89	94		in accordance with their intended uses, "litter" does not include political 41
90	95		pamphlets, handbills, religious tracts, newspapers, and other similar printed 42
91	96		materials the unsolicited distribution of which is protected by the Constitution 43
92	97		of the United States or the Constitution of North Carolina. 44
93	98		(5) "Vehicle" has the same meaning as Vehicle. – As defined in G.S. 20-4.01(49). 45
94	99		(6) "Watercraft" means any Watercraft. – Any boat or vessel used for 46
95	100		transportation across the water. 47
96	101		…." 48
97	102		SECTION 2. This act becomes effective December 1, 2025, and applies to offenses 49
98	103		committed on or after that date. 50