View Amendment Current Amendment: 3266R001.EB.VAS.docx to Bill 3266     Senator SHEHEEN proposed the following amendment (3266R001.EB.VAS):
    Amend the bill, as and if amended, page 1, line 29, by inserting:

/     Section 15-82-5.     By adopting this chapter, the General Assembly is codifying the South Carolina common law relating to landowner liability and the attractive nuisance doctrine. Specifically, a portion of the language codified in this chapter comes from the South Carolina Supreme Court case Henson v. International Paper Company, 374 S.C. 375, 650 S.E.2d 74 (2007). As it did in the Henson case, the South Carolina Supreme Court has traditionally and consistently upheld the principles the General Assembly now codifies. Because of the Court's prior rulings on these matters and the doctrine of stare decisis, codification of these common law principles appears to be superfluous. In addition, there is no indication the South Carolina Supreme Court is poised to adopt the Restatement (Third) of Torts relating to landowner liability as the Supreme Court of Nevada did in Foster v. Costco Wholesale Corp., 291 P.3d 150, 128 Nev. Adv. Op. 71 (2012). Despite the lack of need to codify these common law provisions, the General Assembly is within its right to do so. Accordingly, by adopting the 'Trespasser Responsibility Act' the General Assembly is providing direction and clarity, albeit unnecessarily, to the courts of this State on the issues of land owner liability and the doctrine of attractive nuisance.         /

    Renumber sections to conform.
    Amend title to conform.