S*0567(Rat #0205, Act #0188 of 2018)  General Bill, By Sheheen
 AN ACT TO AMEND SECTION 41-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE APPLICABILITY OF AND EXCEPTIONS TO THE "SOUTH CAROLINA
 AMUSEMENT RIDES SAFETY CODE", SO AS TO PROVIDE THE SAFETY CODE APPLIES TO
 CONCESSION GO-KARTS BUT DOES NOT APPLY TO SUPER-KARTS EXCEPT FOR CERTAIN
 LIMITED PURPOSES CONCERNING THE AGE OF OPERATORS, REQUIREMENTS OF
 ESTABLISHMENTS WHERE SUPER-KARTS MAY BE OPERATED, AND LIABILITY INSURANCE
 COVERAGE REQUIREMENTS OF SUPER-KART OWNERS; AND TO AMEND SECTION 41-18-40,
 RELATING TO DEFINITIONS IN THE "SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE",
 SO AS TO PROVIDE NECESSARY DEFINITIONS. - ratified title

   03/21/17  Senate Introduced and read first time (Senate Journal-page 8)
   03/21/17  Senate Referred to Committee on Labor, Commerce and
                     Industry (Senate Journal-page 8)
   03/22/18  Senate Committee report: Favorable with amendment Labor,
                     Commerce and Industry (Senate Journal-page 8)
   03/26/18         Scrivener's error corrected
   03/28/18  Senate Read second time (Senate Journal-page 22)
   03/28/18  Senate Roll call Ayes-45  Nays-0 (Senate Journal-page 22)
   03/29/18  Senate Committee Amendment Adopted (Senate Journal-page 12)
   03/29/18  Senate Read third time and sent to House
                     (Senate Journal-page 12)
   03/29/18  Senate Roll call Ayes-42  Nays-1 (Senate Journal-page 12)
   04/03/18         Scrivener's error corrected
   04/05/18  House  Introduced and read first time (House Journal-page 8)
   04/05/18  House  Referred to Committee on Labor, Commerce and
                     Industry (House Journal-page 8)
   05/02/18  House  Recalled from Committee on Labor, Commerce and
                     Industry (House Journal-page 111)
   05/03/18  House  Read second time (House Journal-page 18)
   05/03/18  House  Roll call Yeas-91  Nays-0 (House Journal-page 18)
   05/03/18  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 19)
   05/04/18  House  Read third time and enrolled (House Journal-page 2)
   05/14/18         Ratified R 205
   05/15/18         Signed By Governor
   05/23/18         Effective date 05/15/18
   05/31/18         Act No. 188

(A188, R205, S567)

AN ACT TO AMEND SECTION 41-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICABILITY OF AND EXCEPTIONS TO THE "SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE", SO AS TO PROVIDE THE SAFETY CODE APPLIES TO CONCESSION GO-KARTS BUT DOES NOT APPLY TO SUPER-KARTS EXCEPT FOR CERTAIN LIMITED PURPOSES CONCERNING THE AGE OF OPERATORS, REQUIREMENTS OF ESTABLISHMENTS WHERE SUPER-KARTS MAY BE OPERATED, AND LIABILITY INSURANCE COVERAGE REQUIREMENTS OF SUPER-KART OWNERS; AND TO AMEND SECTION 41-18-40, RELATING TO DEFINITIONS IN THE "SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE", SO AS TO PROVIDE NECESSARY DEFINITIONS.

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

Applicability, go-karts included, super-karts excluded

SECTION    1.    Section 41-18-30 of the 1976 Code is amended to read:

"Section 41-18-30.    (A)    This chapter applies to amusement devices at carnivals, fairs, and amusement parks where an admission or fee is customarily or usually charged located within the State or at other places open to the public and to the managers of these devices, to the persons employed in connection with these devices, and to their employees.

(B)    This chapter does not apply to single passenger, coin-operated, manually, mechanically, or electrically operated rides, except where admission is charged for the use of the equipment, and this chapter may not be construed so as to limit the right of a person to conduct any hotel, restaurant, or eating place at an amusement park.

(C)    This chapter does not apply to air-supported structures.

(D)    This chapter applies to concession go-karts. This chapter does not apply to super-karts, provided that:

(1)    Only persons age eighteen or above who hold a valid driver's license are allowed to operate super-karts.

(2)    No person shall operate a super-kart in any establishment where other amusement devices are located or operated. Establishments offering super-karts must not share an entrance or exit with any other establishment offering an amusement device and must charge a separate fee for operating super-karts.

(3)    A sign shall be on display on the premises where super-karts are operated stating: 'Super-karts are not amusement devices regulated by the South Carolina Department of Labor, Licensing and Regulation. Super-karts may reach speeds in excess of fifty miles per hour. Drive at your own risk.'

(4)    The owner of a super-kart must carry an insurance policy in an amount not less than one million dollars per occurrence against liability for injury to persons or property arising out of the operation or use of such device."

Definitions

SECTION    2.    Section 41-18-40 of the 1976 Code is amended by adding appropriately numbered items to read:

"( )(a)    'Concession go-kart' means an amusement ride or device that:

(i)        is a single vehicle, unattached to other vehicles or a common frame system;

(ii)    is powered without connection to a common energy source;

(iii)    is driver-controlled with respect to acceleration, speed, braking, and steering;

(iv)    operates within the containment system of a defined track;

(v)    simulates competitive motor sports; and

(vi)    is used by members of the general public for a fee.

(b)    A concession go-kart has a maximum capacity of two persons and no cargo capacity.

( )    'Super-kart' means an open-wheel motorsport vehicle, with or without gearbox or shifter capability, used for racing in excess of fifty miles per hour. Super-kart does not mean 'concession go-kart' as defined by this section."

Time effective

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

Ratified the 14th day of May, 2018.

Approved the 15th day of May, 2018.