H*4673(Rat #0303, Act #0255 of 2014)  General Bill, By Simrill, Limehouse, 
Sottile and Gagnon
 AN ACT TO AMEND SECTION 27-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DEFINITIONS REGARDING THE LIMITATION ON LIABILITY OF LANDOWNERS,
 SO AS TO DEFINE "AVIATION ACTIVITIES", TO INCLUDE AVIATION ACTIVITIES WITHIN
 THE DEFINITION OF "RECREATIONAL PURPOSE", AND TO INCLUDE EASEMENT HOLDER
 WITHIN THE DEFINITION OF "OWNER". - ratified title

   02/19/14  House  Introduced and read first time (House Journal-page 30)
   02/19/14  House  Referred to Committee on Judiciary
                     (House Journal-page 30)
   03/26/14  House  Member(s) request name added as sponsor: Gagnon
   04/02/14  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 107)
   04/10/14  House  Amended (House Journal-page 39)
   04/10/14  House  Read second time (House Journal-page 39)
   04/10/14  House  Roll call Yeas-102  Nays-0 (House Journal-page 40)
   04/10/14  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 41)
   04/11/14  House  Read third time and sent to Senate
                     (House Journal-page 3)
   04/15/14  Senate Introduced and read first time (Senate Journal-page 14)
   04/15/14  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 14)
   04/25/14  Senate Referred to Subcommittee: Massey (ch), Coleman, Gregory
   05/21/14  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Judiciary
                     (Senate Journal-page 20)
   05/28/14  Senate Committee Amendment Amended and Adopted
                     (Senate Journal-page 65)
   05/28/14  Senate Read second time (Senate Journal-page 65)
   05/28/14  Senate Roll call Ayes-43  Nays-0 (Senate Journal-page 65)
   05/29/14         Scrivener's error corrected
   05/29/14  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 49)
   06/03/14  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 56)
   06/03/14  House  Roll call Yeas-96  Nays-0 (House Journal-page 57)
   06/05/14         Ratified R 303
   06/06/14         Signed By Governor
   06/13/14         Effective date 06/06/14
   06/16/14         Act No. 255

(A255, R303, H4673)

AN ACT TO AMEND SECTION 27-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING THE LIMITATION ON LIABILITY OF LANDOWNERS, SO AS TO DEFINE "AVIATION ACTIVITIES", TO INCLUDE AVIATION ACTIVITIES WITHIN THE DEFINITION OF "RECREATIONAL PURPOSE", AND TO INCLUDE EASEMENT HOLDER WITHIN THE DEFINITION OF "OWNER".

Be it enacted by the General Assembly of the State of South Carolina:

Limitation on liability of landowners, aviation activities

SECTION    1.    Section 27-3-20 of the 1976 Code is amended to read:

"Section 27-3-20. As used in this chapter:

(a)    'Aviation activities' means taking off, flying, or landing an airplane or aircraft. Aviation activities do not include airshows or any activity where the general public is invited.

(b)    'Land' means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty.

(c)    'Owner' means the possessor of a fee interest, a tenant, lessee, occupant, easement holder, or person in control of the premises.

(d)    'Recreational purpose' includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, summer and winter sports, aviation activities, and viewing or enjoying historical, archaeological, scenic, or scientific sites.

(e)    'Charge' means the admission price or fee asked in return for invitation or permission to enter or go upon the land.

(f)    'Persons' means individuals regardless of age."

Savings clause

SECTION    2.    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.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2014.

Approved the 6th day of June, 2014.