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Sponsors: Reps. Hiott, Bedingfield, Vick, Long, D.C. Moss, Crosby, Norman, Wells, Willis, Pitts, George, Bales, Allison, Forrester, Wood, Hixon, Erickson, Ballentine and Skelton
Document Path: l:\council\bills\agm\18086dg14.docx
Companion/Similar bill(s): 916
Introduced in the House on February 6, 2014
Introduced in the Senate on May 6, 2014
Last Amended on May 1, 2014
Currently residing in the Senate Committee on Judiciary
Summary: Trespasser Responsibility Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/6/2014 House Introduced and read first time (House Journal-page 9) 2/6/2014 House Referred to Committee on Judiciary (House Journal-page 9) 3/12/2014 House Member(s) request name added as sponsor: Bedingfield, Vick 3/18/2014 House Member(s) request name added as sponsor: Long, D.C.Moss, Norrell, Crosby, Norman, Wells, Rivers, Willis, Pitts, George, Bales, Allison, Forrester, Wood, Hixon, Erickson, Ballentine 3/19/2014 House Member(s) request name added as sponsor: Skelton 4/2/2014 House Member(s) request name removed as sponsor: Norrell 4/9/2014 House Committee report: Favorable with amendment Judiciary (House Journal-page 130) 4/29/2014 House Member(s) request name removed as sponsor: Rivers 4/29/2014 House Requests for debate-Rep(s). Owens, RL Brown, Whipper, Anderson, Skelton, Forrester, Allison, Hosey, Cole, Tallon, Taylor, Wells, JR Smith, Hixon, Norman, Neal, Knight, McEacheren, Weeks, Ridgeway, Norrell, Funderburk, Mitchell, Ott, WJ McLeod, Finlay, Bernstein, Munnerlyn, Riley, Parks, George, Hayes, Gagnon, Putnam (House Journal-page 81) 4/30/2014 House Debate adjourned until Thur., 5-1-14 (House Journal-page 146) 5/1/2014 House Amended (House Journal-page 50) 5/1/2014 House Read second time (House Journal-page 51) 5/1/2014 House Roll call Yeas-95 Nays-0 (House Journal-page 52) 5/1/2014 House Unanimous consent for third reading on next legislative day (House Journal-page 53) 5/2/2014 House Read third time and sent to Senate (House Journal-page 2) 5/6/2014 Senate Introduced and read first time (Senate Journal-page 4) 5/6/2014 Senate Referred to Committee on Judiciary (Senate Journal-page 4)
View the latest legislative information at the website
VERSIONS OF THIS BILL
May 1, 2014
Introduced by Reps. Hiott, Bedingfield, Vick, Long, D.C. Moss, Crosby, Norman, Wells, Willis, Pitts, George, Bales, Allison, Forrester, Wood, Hixon, Erickson, Ballentine and Skelton
S. Printed 5/1/14--H.
Read the first time February 6, 2014.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 82 TO TITLE 15 SO AS TO ESTABLISH THE "TRESPASSER RESPONSIBILITY ACT" WHICH PROVIDES A LIMITATION ON LIABILITY BY LAND POSSESSORS TO TRESPASSERS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 15 of the 1976 Code is amended by adding:
Section 15-82-10. (A) As used in this section, the terms:
(1) 'Possessor of land' means the possessor of any fee, reversionary, or easement interest in real property, including an owner, lessee, or other lawful occupant;
(2) 'Trespasser' means a person who enters or remains on the land of another without permission or without legal privilege.
(B) A possessor of land owes no duty to a trespasser except to refrain from causing a wilful or wanton injury.
(C) Notwithstanding subsection (B), a possessor of land is subject to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land if:
(1) the place where the condition exists is one upon which the possessor knows or has reason to know that children are likely to trespass;
(2) the condition is one of which the possessor knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children;
(3) the children because of their youth do not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it;
(4) the utility to the possessor of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to children involved; and
(5) the possessor fails to exercise reasonable care to eliminate the danger or otherwise to protect the children.
(D) This chapter does not affect any immunities from or defenses to civil liability established by another section of the South Carolina Code of Laws or available at common law to which a possessor of land may be entitled."
SECTION 2. This act takes effect upon approval by the Governor.
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