2003-2004 Bill 122: Easements Exist for Descendants to Visit, Maintain and Repair Burial

South Carolina General Assembly

115th Session, 2003-2004

S. 122

STATUS INFORMATION

General Bill

Sponsors: Senators Moore, Elliott and Reese

Document Path: l:\council\bills\nbd\11116ac03.doc

Introduced in the Senate on January 14, 2003

Introduced in the House on February 27, 2003

Last Amended on February 26, 2003

Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Easements exist for descendants to visit, maintain and repair burial grounds

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

1/8/2003SenatePrefiled

1/8/2003SenateReferred to Committee on Labor, Commerce and Industry

1/14/2003SenateIntroduced and read first time SJ70

1/14/2003SenateReferred to Committee on Labor, Commerce and IndustrySJ70

2/18/2003SenateCommittee report: Favorable Labor, Commerce and IndustrySJ10

2/19/2003SenateRead second time SJ24

2/19/2003SenateOrdered to third reading with notice of amendments SJ24

2/26/2003SenateAmended SJ25

2/26/2003SenateRead third time and sent to House SJ25

2/27/2003HouseIntroduced and read first time HJ3

2/27/2003HouseReferred to Committee on Labor, Commerce and IndustryHJ3

2/27/2003Scrivener's error corrected

VERSIONS OF THIS BILL

1/8/2003

2/18/2003-B

2/26/2003

2/27/2003

AS PASSED BY THE SENATE

February 26, 2003

S.122

Introduced by Senators Moore, Elliott and Reese

S. Printed 2/26/03--S.[SEC 2/27/03 2:55 PM]

Read the first time January 14, 2003.

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 IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Enactment of this bill would have no impact on the General Fund of the State or on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

A majority of local government respondents indicated little or no impact associated with this bill. One respondent indicated there could be some costs associated with litigation activity.

Approved By:

Don Addy

Office of State Budget

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A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27575 SO AS TO PROVIDE THAT AN EASEMENT EXISTS FOR DESCENDENTS OF PERSONS INTERRED ON REAL PROPERTY FOR THE PURPOSE OF VISITING, REPAIRING, AND MAINTAINING THESE BURIAL GROUNDS.

Amend Title To Conform

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

SECTION1.Chapter 5, Title 27 of the 1976 Code is amended by adding:

“Section 27575.(A)A right of ingress and egress exists for descendents of persons interred on real property whether or not the document transferring the property grants such a right of ingress and egress or expressly indicates the presence of burial grounds on the property. The right of ingress and egress permitted pursuant to this section must be exercised at seasonable times and in a reasonable manner for the limited purpose of visiting, repairing, and maintaining the burial grounds. Activities associated with this purpose may not unnecessarily injure the owner of the land in its current use.

(B)Except as specifically provided in this section, an owner of land owes no duty of care to keep the premises safe for entry or use by persons who have sought and obtained permission to use it for the limited purpose of visiting, repairing, and maintaining the burial ground or to give any warning of a dangerous condition, use, structure, or activity on these premises to the descendents of persons interred on the property.

(C)Except as specifically provided in this section, an owner of land who permits without charge any person having sought permission to use his property for the limited purpose of visiting, repairing, and maintaining the burial ground does not thereby:

(1)extend any assurance that the premises are safe for any purpose;

(2)confer upon the person the legal status of an invitee or licensee to whom a duty of care is owned;

(3)assume responsibility for or incur liability for an injury to person or property caused by an act of or omission of a person using the property.

(D)Nothing in this section limits in any way any liability which otherwise exists for grossly negligent, wilful, or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.”

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

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