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 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.
An Act to revise certain terms regarding tort liability.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1212
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1212
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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