South Carolina General Assembly
117th Session, 2007-2008

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S. 80

STATUS INFORMATION

General Bill
Sponsors: Senators Knotts, Cromer, McConnell, Vaughn, Mescher, Fair and Campsen
Document Path: l:\council\bills\ms\7006ahb07.doc

Introduced in the Senate on January 9, 2007
Currently residing in the Senate

Summary: Trespassing on private property

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  11/29/2006  Senate  Prefiled
  11/29/2006  Senate  Referred to Committee on Judiciary
    1/9/2007  Senate  Introduced and read first time SJ-61
    1/9/2007  Senate  Referred to Committee on Judiciary SJ-61
   1/17/2007  Senate  Referred to Subcommittee: Moore (ch), Ford, Mescher, 
                        Rankin, Scott
   1/24/2008  Senate  Referred to Subcommittee: Martin (ch), Ford, Ritchie, 
                        Knotts, Cleary
    3/5/2008  Senate  Committee report: Majority favorable with amend., 
                        minority unfavorable Judiciary SJ-11

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

11/29/2006
3/5/2008

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

March 5, 2008

S. 80

Introduced by Senators Knotts, Cromer, McConnell, Vaughn, Mescher, Fair and Campsen

S. Printed 3/5/08--S.

Read the first time January 9, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 80) to amend the Code of Laws of South Carolina, 1976, by adding Section 15-1-350 so as to provide the owner of real property is not liable in a civil action, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 1, by striking line 26 and inserting therein the following:

/    "Section 15-1-350.    (A)    The owner of real property and any lawful tenant or lessee is not liable    /

Renumber sections to conform.

Amend title to conform.

Majority favorable.    Minority unfavorable.

GERALD MALLOY    C. BRADLEY HUTTO

For Majority.    For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Enactment of this bill would have no direct impact on the General Fund of the State, or on federal and/or other funds. The bill provides that the owner of real property is liable in a civil action to a person who trespasses on his or her property and who subsequently is injured while on that property.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-350 SO AS TO PROVIDE THE OWNER OF REAL PROPERTY IS NOT LIABLE IN A CIVIL ACTION TO A PERSON WHO TRESPASSES ON HIS PROPERTY OR WHO IS NOT LAWFULLY PRESENT ON THE PROPERTY AND WHO IS INJURED IN AN ACCIDENT WHILE ON THE PROPERTY, AND TO PROVIDE EXCEPTIONS.

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

SECTION    1.    Chapter 1, Title 15 of the 1976 Code is amended by adding:

"Section 15-1-350.    (A)    The owner of real property is not liable in a civil action to a person who trespasses on his property or a person who is not otherwise lawfully present on the property and who is injured in an accident while on the property.

(B)    The prohibition provided in subsection (A) is not applicable if:

(1)    an act or omission by the owner of the real property is found by a court of competent jurisdiction to have been intended to cause great bodily injury;

(2)    the owner of the real property is found to be grossly negligent; or

(3)    the person injured is a child and the doctrine of attractive nuisance is applicable to the circumstances when real property is maintained or left in an unprotected or unguarded condition, and it is attractive and dangerous to a child."

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.

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

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