Current Status Bill Number:409 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950125 Primary Sponsor:McConnell All Sponsors:McConnell, Drummond, Passailaigue and Mescher Drafted Document Number:gjk\21222sd.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19960326 Subject:Kayaking and Canoeing Liability Immunity
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960327 Introduced, read first time, 25 HJ
referred to Committee
Senate 19960326 Read third time, sent to House
Senate 19960326 Amended
Senate 19960326 Reconsidered vote whereby
read third time
Senate 19960326 Requested the House to return
the Bill
Senate 19960321 Amended, read third time,
sent to House
Senate 19960213 Read second time, ordered to
third reading with notice of
general amendments
Senate 19950425 Committee amendment adopted
Senate 19950420 Committee report: Favorable with 07 SFGF
amendment
Senate 19950125 Introduced, read first time, 07 SFGF
referred to Committee
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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.
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:
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:
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:
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.