South Carolina General Assembly
120th Session, 2013-2014

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H. 4607

STATUS INFORMATION

General Bill
Sponsors: Reps. Hiott, Bedingfield, Vick, Long, D.C. Moss, Crosby, Norman, Wells, Willis, Pitts, George, Bales, Allison, Forrester, Wood, Hixon, Erickson, Ballentine and Skelton
Document Path: l:\council\bills\agm\18086dg14.docx
Companion/Similar bill(s): 916

Introduced in the House on February 6, 2014
Introduced in the Senate on May 6, 2014
Last Amended on May 1, 2014
Currently residing in the Senate Committee on Judiciary

Summary: Trespasser Responsibility Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/6/2014  House   Introduced and read first time (House Journal-page 9)
    2/6/2014  House   Referred to Committee on Judiciary (House Journal-page 9)
   3/12/2014  House   Member(s) request name added as sponsor: Bedingfield, 
                        Vick
   3/18/2014  House   Member(s) request name added as sponsor: Long, D.C.Moss, 
                        Norrell, Crosby, Norman, Wells, Rivers, Willis, Pitts, 
                        George, Bales, Allison, Forrester, Wood, Hixon, 
                        Erickson, Ballentine
   3/19/2014  House   Member(s) request name added as sponsor: Skelton
    4/2/2014  House   Member(s) request name removed as sponsor: Norrell
    4/9/2014  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 130)
   4/29/2014  House   Member(s) request name removed as sponsor: Rivers
   4/29/2014  House   Requests for debate-Rep(s). Owens, RL Brown, Whipper, 
                        Anderson, Skelton, Forrester, Allison, Hosey, Cole, 
                        Tallon, Taylor, Wells, JR Smith, Hixon, Norman, Neal, 
                        Knight, McEacheren, Weeks, Ridgeway, Norrell, 
                        Funderburk, Mitchell, Ott, WJ McLeod, Finlay, 
                        Bernstein, Munnerlyn, Riley, Parks, George, Hayes, 
                        Gagnon, Putnam (House Journal-page 81)
   4/30/2014  House   Debate adjourned until Thur., 5-1-14 
                        (House Journal-page 146)
    5/1/2014  House   Amended (House Journal-page 50)
    5/1/2014  House   Read second time (House Journal-page 51)
    5/1/2014  House   Roll call Yeas-95  Nays-0 (House Journal-page 52)
    5/1/2014  House   Unanimous consent for third reading on next legislative 
                        day (House Journal-page 53)
    5/2/2014  House   Read third time and sent to Senate (House Journal-page 2)
    5/6/2014  Senate  Introduced and read first time (Senate Journal-page 4)
    5/6/2014  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 4)

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/6/2014
4/9/2014
5/1/2014

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

AMENDED

May 1, 2014

H. 4607

Introduced by Reps. Hiott, Bedingfield, Vick, Long, D.C. Moss, Crosby, Norman, Wells, Willis, Pitts, George, Bales, Allison, Forrester, Wood, Hixon, Erickson, Ballentine and Skelton

S. Printed 5/1/14--H.

Read the first time February 6, 2014.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 82 TO TITLE 15 SO AS TO ESTABLISH THE "TRESPASSER RESPONSIBILITY ACT" WHICH PROVIDES A LIMITATION ON LIABILITY BY LAND POSSESSORS TO TRESPASSERS.

Amend Title To Conform

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

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

"CHAPTER 82

Limitation on Liability of Land Possessors to Trespassers

Trespasser Responsibility Act

Section 15-82-10.    (A)    As used in this section, the terms:

(1)    'Possessor of land' means the possessor of any fee, reversionary, or easement interest in real property, including an owner, lessee, or other lawful occupant;

(2)    'Trespasser' means a person who enters or remains on the land of another without permission or without legal privilege.

(B)    A possessor of land owes no duty to a trespasser except to refrain from causing a wilful or wanton injury.

(C)    Notwithstanding subsection (B), a possessor of land is subject to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land if:

(1)    the place where the condition exists is one upon which the possessor knows or has reason to know that children are likely to trespass;

(2)    the condition is one of which the possessor knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children;

(3)    the children because of their youth do not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it;

(4)    the utility to the possessor of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to children involved; and

(5)    the possessor fails to exercise reasonable care to eliminate the danger or otherwise to protect the children.

(D)    This chapter does not affect any immunities from or defenses to civil liability established by another section of the South Carolina Code of Laws or available at common law to which a possessor of land may be entitled."

SECTION    2.    This act takes effect upon approval by the Governor.

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