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South Carolina Celebrates Passage of H.4673
South Carolina celebrates the passage of H.4673 which Governor Nikki Haley signed into law on June 6.
The passage of H.4673 adds aviation activities into the SC Recreational Use statute. South Carolina is the 23rd state in the nation to adopt this legislation.
Kathy Hegenberger led the charge in advocating for this legislation. Hegenberger who is also a apart of the Recreational Aviation Foundation has watched other states embrace this legislation. This is just one more step to South Carolina being an aviation friendly state, said Hegenberger. Practically, the law would limit the liability of property owners for aviation activities occurring on their property.
Thank you to all members and aviation enthusiasts who called on their legislators and asked for support of this bill. This success was a grassroots effort by South Carolinas aviation community.
https://scaaonline.com/h-4673-moves-senate/
The amendment details: http://www.scstatehouse.gov/sess120_2013-2014/bills/4673.htm
The law it amends: http://www.scstatehouse.gov/code/t27c003.php#27-3-20
SECTION 27-3-40. Effect of permission to use property for recreational purposes.
Except as specifically recognized by or provided in Section 27-3-60, an owner of land who permits without charge any person having sought such permission to use such property for recreational purposes does not thereby:
(a) Extend any assurance that the premises are safe for any purpose.
(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.
(c) Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of such persons.
HISTORY: 1962 Code Section 51-84; 1968 (55) 3047.
SECTION 27-3-50. Application of Sections 27-3-30 and 27-3-40 to land leased to State or political subdivisions.
Unless otherwise agreed in writing, the provisions of Sections 27-3-30 and 27-3-40 shall be deemed applicable to the duties and liability of an owner of land leased to the State or any subdivision thereof for recreational purposes.
HISTORY: 1962 Code Section 51-85; 1968 (55) 3047.
SECTION 27-3-60. Certain liability not limited.
Nothing in this chapter limits in any way any liability which otherwise exists:
(a) For grossly negligent, willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
(b) For injury suffered in any case where the owner of land charges persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.
South Carolina celebrates the passage of H.4673 which Governor Nikki Haley signed into law on June 6.
The passage of H.4673 adds aviation activities into the SC Recreational Use statute. South Carolina is the 23rd state in the nation to adopt this legislation.
Kathy Hegenberger led the charge in advocating for this legislation. Hegenberger who is also a apart of the Recreational Aviation Foundation has watched other states embrace this legislation. This is just one more step to South Carolina being an aviation friendly state, said Hegenberger. Practically, the law would limit the liability of property owners for aviation activities occurring on their property.
Thank you to all members and aviation enthusiasts who called on their legislators and asked for support of this bill. This success was a grassroots effort by South Carolinas aviation community.
https://scaaonline.com/h-4673-moves-senate/
The amendment details: http://www.scstatehouse.gov/sess120_2013-2014/bills/4673.htm
The law it amends: http://www.scstatehouse.gov/code/t27c003.php#27-3-20
SECTION 27-3-40. Effect of permission to use property for recreational purposes.
Except as specifically recognized by or provided in Section 27-3-60, an owner of land who permits without charge any person having sought such permission to use such property for recreational purposes does not thereby:
(a) Extend any assurance that the premises are safe for any purpose.
(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.
(c) Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of such persons.
HISTORY: 1962 Code Section 51-84; 1968 (55) 3047.
SECTION 27-3-50. Application of Sections 27-3-30 and 27-3-40 to land leased to State or political subdivisions.
Unless otherwise agreed in writing, the provisions of Sections 27-3-30 and 27-3-40 shall be deemed applicable to the duties and liability of an owner of land leased to the State or any subdivision thereof for recreational purposes.
HISTORY: 1962 Code Section 51-85; 1968 (55) 3047.
SECTION 27-3-60. Certain liability not limited.
Nothing in this chapter limits in any way any liability which otherwise exists:
(a) For grossly negligent, willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
(b) For injury suffered in any case where the owner of land charges persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.
