State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

275T0584   HOUSE BILL   NO.  1212  

Introduced by:    Representatives Moser, Abdallah, Cronin, Hansen (Jon), Hoffman, Hunhoff (Bernie), Kirkeby, Magstadt, Novstrup (David), Olson (Betty), Sly, Turbiville, Verchio, and Wick and Senators Hunhoff (Jean), Hansen (Tom), Haverly, Lederman, and Sutton
 

        FOR AN ACT ENTITLED, An Act to revise certain terms regarding tort liability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 20-9-12 be amended to read as follows:
    20-9-12. Terms used in §§ 20-9-12 to 20-9-18, inclusive, mean:
            (1)    "Charge," the admission price or fee asked in return for invitation or permission to enter or go upon the land. Any nonmonetary gift to an owner that is less than one hundred dollars in value may not be construed to be a charge;
            (2)    "Land," land, trails, water, watercourses, private ways and agricultural structures, and machinery or equipment if attached to the realty;
            (3)    "Outdoor recreational purpose," includes, but is not limited to, any of the following activities, or any combination thereof: hunting, fishing, swimming other than in a swimming pool, boating, canoeing, camping, picnicking, hiking, biking, off-road driving, aviation activity, nature study, water skiing, winter sports, snowmobiling, viewing, or enjoying historical, archaeological, scenic, or scientific sites;
            (4)    "Agritourism activity," any activity carried out on a farm, on a ranch, in a forest, or on an agribusiness operation that allows members of the general public, for recreational, entertainment, or educational purposes, to view or participate in agricultural activities, including farming, ranching, historical, cultural, harvest-your-own, or nature-based activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity. An activity is not an agritourism activity if the participant is paid to participate in the activity;
            (5)    "Owner," the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises.