S 409 Session 111 (1995-1996)
S 0409 General Bill, By McConnell, Drummond, Mescher and Passailaigue
A Bill to amend Title 50, Code of Laws of South Carolina, 1976, relating to
fish, game, and watercraft by adding Chapter 22 so as to provide for certain
kayaking and canoeing liability immunity whereby a kayaking or canoeing
activity sponsor or a kayaking or canoeing professional is not liable for an
injury to or the death of a participant resulting from an inherent risk of
kayaking or canoeing activity absent specified factors.
01/25/95 Senate Introduced and read first time SJ-5
01/25/95 Senate Referred to Committee on Fish, Game and Forestry SJ-5
04/20/95 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-16
04/25/95 Senate Amended SJ-32
02/13/96 Senate Read second time SJ-16
02/13/96 Senate Ordered to third reading with notice of
amendments SJ-16
03/21/96 Senate Amended SJ-23
03/21/96 Senate Read third time and sent to House SJ-23
03/26/96 Senate Reconsidered SJ-18
03/26/96 Senate Amended SJ-18
03/26/96 Senate Read third time and sent to House SJ-18
03/27/96 House Introduced and read first time HJ-26
03/27/96 House Referred to Committee on Judiciary HJ-27
Indicates Matter Stricken
Indicates New Matter
THIRD READING RECONSIDERED, AMENDED
AS PASSED BY THE SENATE
March 26, 1996
S. 409
Introduced by SENATORS McConnell, Drummond, Passailaigue
and Mescher
S. Printed 3/26/96--S.
Read the first time January 25, 1995.
A BILL
TO AMEND TITLE 50, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO FISH, GAME, AND
WATERCRAFT BY ADDING CHAPTER 22 SO AS TO
PROVIDE FOR CERTAIN KAYAKING AND CANOEING
LIABILITY IMMUNITY WHEREBY A KAYAKING OR
CANOEING ACTIVITY SPONSOR OR A KAYAKING OR
CANOEING PROFESSIONAL IS NOT LIABLE FOR AN
INJURY TO OR THE DEATH OF A PARTICIPANT
RESULTING FROM AN INHERENT RISK OF KAYAKING OR
CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 50 of the 1976 Code is amended by adding:
"CHAPTER 22
Kayaking, Canoeing, and Rafting Liability
Immunity
Section 50-22-10. As used in this chapter:
(1) `Engages in a kayaking, canoeing, or rafting activity' means
riding in, training in, using, providing, paddling, or being a
passenger in a kayak, canoe, or raft or a person assisting a
participant. It does not include being a spectator at a kayaking,
canoeing, or rafting activity, except in cases where the spectator
places himself in an unauthorized area and in immediate proximity
to the kayaking, canoeing, or rafting activity.
(2) `Kayak' means a lightweight hand-powered watercraft
similar to a canoe which may nor may not have more than one
circular opening in the covered top.
(3) `Canoe' means a lightweight hand-powered watercraft
similar to a kayak which has an open top and is designed to hold no
more than three people.
(4) `Raft' means a hand-powered inflatable watercraft which has
an open top and is designed to hold one or more people.
(5) `Kayaking, canoeing, or rafting activity' means:
(a) a competition, exercise, or undertaking that involves a
kayak, canoe, or raft;
(b) kayak, canoe, or raft training or teaching activities, or
both;
(c) using, inspecting, or evaluating a kayak, canoe, or raft
belonging to another, whether the owner has received monetary
consideration or another thing of value for the use of the kayak,
canoe, or raft or is permitting a prospective purchaser of the kayak,
canoe, or raft to use, inspect, or evaluate the kayak, canoe, or raft;
(d) a ride, trip, or other kayak, canoe, or raft activity,
however informal or impromptu, that is sponsored by a kayaking,
canoeing, or rafting sponsor.
(6) `Kayaking, canoeing, or rafting activity sponsor' means an
individual, a group, a club, a partnership, or a corporation, whether
the sponsor is operating for profit or nonprofit, which sponsors,
organizes, or provides the opportunity for a kayaking, canoeing, or
rafting activity, and an operator, instructor, and promoter of a
kayaking, canoeing, or rafting activity.
(7) `Kayak, canoe, or raft professional' means a person engaged
for compensation in:
(a) instructing a participant or renting to a participant a
kayak, canoe, or raft for the purpose of using, operating, riding,
driving, or being a passenger in the kayak, canoe, or raft;
(b) renting kayak, canoe, or raft equipment to a participant.
(8) `Inherent risk of kayaking, canoeing, or rafting activity'
means those dangers or conditions which are an integral part of
kayaking, canoeing, or rafting activities including, but not limited
to:
(a) the propensity of a kayak, canoe, or raft to react in water
that may result in injury, harm, or death to a person in or around
the kayak, canoe, or raft;
(b) certain hazards such as surface and subsurface conditions;
(c) collisions with other kayaks, canoes, rafts, or objects; and
(d) the potential of a participant to act in a negligent manner
that may contribute to injury to the participant or others, as failing
to maintain control over the kayak, canoe, or raft or not acting
within the participant's ability.
(9) `Participant' means a person, amateur or professional, who
engages in kayaking, canoeing, or rafting activity, whether or not a
fee is paid to participate in the kayaking, canoeing, or rafting
activity.
Section 50-22-20. (A) Except as provided in subsection (B), a
kayaking, canoeing, or rafting activity sponsor or a kayak, canoe, or
raft professional is not liable for an injury to or the death of a
participant resulting from an inherent risk of kayaking, canoeing, or
rafting activity, and no participant or participant's representative
may make a claim against, maintain an action against, or recover
from a kayaking, canoeing, or rafting activity sponsor, or a kayak,
canoe, or raft professional, for injury, loss, damage, or death of the
participant resulting from an inherent risk of kayaking, canoeing, or
rafting activity.
(B) Nothing in subsection (A) prevents or limits the liability of
a kayaking, canoeing, or rafting activity sponsor, or a kayak, canoe,
or raft professional, if the kayaking, canoeing, or rafting activity
sponsor, or kayak, canoe, or raft professional:
(1) provided the equipment, kayak, canoe, or raft and knew
or should have known that the equipment, kayak, canoe, or raft was
faulty, and the equipment, kayak, canoe, or raft was faulty to the
extent that it caused the injury;
(2) owns, leases, rents, or otherwise is in lawful possession,
control, or use of the land, water, or facilities upon which the
participant sustained injuries because of a dangerous latent condition
which was known or should have been known to the kayaking,
canoeing, or rafting activity sponsor or kayak, canoe, or raft
professional, and for which warning signs have not been
conspicuously posted;
(3) committed an act or omission that constitutes wilful or
wanton disregard for the safety of the participant and that an act or
omission caused the injury; or
(4) intentionally injured the participant.
(C) Nothing in subsection (A) prevents or limits the liability of
a kayaking, canoeing, or rafting activity sponsor or a kayak, canoe,
or raft professional under liability provisions as set forth in the
products liability laws.
(D) The provisions of this chapter shall not cover or apply to
any liability arising from the ownership, maintenance, or use of any
motor vehicle.
Section 50-22-30. (A) A kayak, canoe, or raft professional and
a kayaking, canoeing, or rafting activity sponsor shall post and
maintain signs which contain the warning notice specified in
subsection (B). These signs must be placed in a clearly visible
location on or near the staging area where the kayak, canoe, or raft
professional or the kayaking, canoeing, or rafting activity sponsor
begins to conduct kayaking, canoeing, or rafting activities. The
warning notice specified in subsection (B) must appear on the sign
in black letters with each letter a minimum of one inch in height.
A written contract entered into by a kayak, canoe, or raft
professional or by a kayaking, canoeing, or rafting activity sponsor
to provide professional services, instruction, rental of equipment, or
a kayak, canoe, or raft to a participant, whether or not the contract
involves kayaking, canoeing, or rafting activities on or off the
location or site of the place of business of the kayak, canoe, or raft
professional or the kayaking, canoeing, or rafting activity sponsor,
must contain in clearly readable print the warning notice specified
in subsection (B).
(B) A sign and contract described in subsection (A) must
contain the following warning notice:
WARNING
Under South Carolina law, a kayaking, canoeing, or rafting
activity sponsor or kayak, canoe, or raft professional is not liable
for an injury to or the death of a participant in a kayaking,
canoeing, or rafting activity resulting from an inherent risk of
kayaking, canoeing, or rafting activity, pursuant to Chapter 22 of
Title 50, Code of Laws of South Carolina, 1976.
(C) Failure to comply with the requirements concerning warning
signs and notices provided in this section prevents a kayaking,
canoeing, or rafting activity sponsor or professional from invoking
the privileges of immunity provided by this chapter, unless the
sponsor or professional meets the requirements of Section 50-22-40.
Section 50-22-40. The requirements concerning warning signs
and notices provided in Section 50-22-30 do not apply if the
kayaking, canoeing, or rafting activity sponsor or professional
requires participants to sign a form releasing the sponsor or
professional from liability for an injury to or death of a participant
resulting from an inherent risk of kayaking, canoeing, or rafting
activity."
SECTION 2. Title 52 of the 1976 Code is amended by adding:
"CHAPTER 23
Recreational or Sporting Activity Immunity
Section 52-23-10. Except when liability is strictly imposed by
law, an instructor or coach of a recreational or sporting activity is
not liable for an injury to or the death of a participant under his
supervision resulting from an inherent risk of that activity, and no
such participant or participant's representative may make a claim
against, maintain an action against, or recover from a coach or
instructor for injury, loss, damage, or death of the participant
resulting from an inherent risk of that activity."
SECTION 3. Section 50-21-860 of the 1976 Code is amended
to read:
"Section 50-21-860. As used in this section, `airboat'
means a watercraft propelled by air pressure caused by a motor
mounted on the watercraft aboveboard.
(A) It is unlawful for a person to operate an airboat on the public
waters of this State from the freshwater-saltwater dividing line,
established by Section 50-17-35 50-17-30, seaward.
(B) It is unlawful to operate an airboat on the waters of the
Waccamaw, the Great Pee Dee, the Little Pee Dee, the Black, and
the Sampit Rivers in Georgetown County.
(B) (C) It is unlawful to operate an airboat on
the waters on of that portion of Lake
Marion and Santee Swamp west of the I-95 bridge upstream to the
confluence of the Congaree and Wateree rivers during the season
for hunting waterfowl.
Any A person violating the provisions of this
section, upon conviction, must be punished as provided by Section
50-1-130.
The provisions of this section do not apply to the operation of
airboats by law enforcement, emergency medical, civil defense,
noxious weed control, military personnel, state and federally
approved wildlife banding, surveying, biological research programs,
and private waters."
SECTION 4. This act takes effect upon approval by the
Governor.
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