S 244

South Carolina General Assembly
126th Session, 2025-2026
Bill 244
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter
Stricken
Indicates New Matter
As Passed By The Senate
March 27, 2025
S. 244
Introduced by Senators Massey, Alexander, Rice,
Turner, Climer, Williams, Bennett, Cromer, Grooms, Blackmon and Chaplin
S. Printed 3/27/25--S.  [SEC
3/28/2025 3:41 PM]
Read the first time January 16, 2025
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 15-38-15, RELATING TO THE APPORTIONMENT OF PERCENTAGES OF FAULT AND
ALCOHOLIC BEVERAGE OR DRUG EXCEPTIONS, SO AS TO PROVIDE THAT A JURY OR THE
COURT SHALL DETERMINE THE PERCENTAGE OF FAULT OF THE CLAIMANT, THE DEFENDANT,
AND OF ANY NONPARTY WHOSE ACT OR OMISSION WAS A PROXIMATE CAUSE OF THE
CLAIMANT'S ALLEGED DAMAGES; BY REPEALING SECTION 15-38-20 RELATING TO RIGHT OF
CONTRIBUTION; BY REPEALING SECTION 15-38-30 RELATING TO FACTORS DETERMINING PRO
RATA LIABILITY OF TORTFEASORS; BY REPEALING SECTION 15-38-40 RELATING TO
ACTIONS FOR CONTRIBUTION; BY ADDING SECTION 15-3-710 SO AS TO DEFINE NECESSARY
TERMS; BY ADDING SECTION 15-3-720 SO AS TO PROVIDE THAT AN INDIVIDUAL IS
PROHIBITED FROM RECOVERING DAMAGES IF THE INDIVIDUAL KNOWINGLY RIDES AS A
PASSENGER IN A VEHICLE OPERATED BY A DRIVER WHO IS VISIBLY INTOXICATED OR WHOM
THE INDIVIDUAL KNEW OR SHOULD HAVE KNOWN WOULD BECOME INTOXICATED; BY ADDING
SECTION 15-3-730 SO AS TO PROVIDE THAT THE CLERK OF COURT SHALL FORWARD A COPY
OF THE COMPLAINT AND JUDGEMENT TO THE DEPARTMENT OF REVENUE UPON ENTERING
JUDGMENT AGAINST A LICENSEE; BY AMENDING SECTION 61-4-580, RELATING TO
PROHIBITED ACTS, SO AS TO PROVIDE FOR CIVIL LIABILITY; BY AMENDING SECTION
61-4-590, RELATING TO REVOCATION OR SUSPENSION OF PERMITS AND DEPARTMENT
INVESTIGATION AND DETERMINATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY
REVOKE OR SUSPEND A PERMIT ON ITS OWN INITIATIVE UPON RECEIPT OF A COMPLAINT
AND JUDGMENT; BY ADDING SECTION 61-3-100 SO AS TO DEFINE NECESSARY TERMS; BY
ADDING SECTION 61-3-110 SO AS TO PROVIDE REQUIREMENTS FOR TRAINING SERVER AND
MANAGER TRAINING; BY ADDING SECTION 61-3-120 SO AS TO PROVIDE FOR THE CREATION
OF AND APPROVAL OF TRAINING PROGRAMS; BY ADDING SECTION 61-3-130 SO AS TO
PROVIDE FOR THE ISSUANCE OF ALCOHOL SERVER CERTIFICATES; BY ADDING SECTION
61-3-140 SO AS TO PROVIDE FOR THE RENEWAL OF A PERMIT OR LICENSE; BY ADDING
SECTION 61-3-150 SO AS TO PROVIDE FOR THE ENFORCEMENT OF RELEVANT PROVISIONS;
BY ADDING SECTION 61-3-160 SO AS TO PROVIDE PENALTIES; BY AMENDING SECTION
61-2-60, RELATING TO THE PROMULGATION OF REGULATIONS SO AS TO PROVIDE FOR THE
DEVELOPMENT,  IMPLEMENTATION, EDUCATION, AND ENFORCEMENT OF RESPONSIBLE ALCOHOL
SERVER TRAINING PROVISIONS; BY AMENDING SECTION 61-6-2220, RELATING TO SALES TO
INTOXICATED PERSONS, SO AS TO PROVIDE THAT A PERSON OR ESTABLISHMENT LICENSED
TO SELL ALCOHOLIC LIQUORS OR LIQUOR BY THE DRINK PURSUANT TO THIS ARTICLE MAY
NOT KNOWINGLY PROVIDE THESE BEVERAGES TO AN INTOXICATED PERSON; BY AMENDING
SECTION 38-90-20, RELATING TO LICENSING, REQUIRED INFORMATION AND
DOCUMENTATION, FEES, AND RENEWAL, SO AS TO INCLUDE LIQUOR LIABILITY INSURANCE;
BY AMENDING SECTION 61-2-145, RELATING TO THE REQUIREMENT OF LIABILITY
INSURANCE COVERAGE, SO AS TO PROVIDE LIMITS; BY AMENDING SECTION 61-2-145,
RELATING TO THE REQUIREMENT OF LIABILITY INSURANCE COVERAGE, SO AS TO PROVIDE
THAT AN INSURER SHALL NOTIFY THE DEPARTMENT IF A PERSON LICENSED TO SELL
ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION EXCEEDS ITS AGGREGATE LIMIT
PRIOR TO THE EXPIRATION OF THE POLICY; BY AMENDING SECTION 15-3-670, RELATING
TO CIRCUMSTANCES IN WHICH LIMITATIONS PROVIDED BY SECTIONS 15-3-640 THROUGH
15-3-660 ARE NOT AVAILABLE AS DEFENSE, SO AS TO PROVIDE THAT A VIOLATION IS
CONSIDERED MATERIAL ONLY IF IT EXISTS WITHIN A COMPLETED BUILDING, STRUCTURE,
OR FACILITY WHICH HAS RESULTED IN PHYSICAL HARM TO A PERSON OR SIGNIFICANT
DAMAGE TO THE PERFORMANCE OF A BUILDING OR ITS SYSTEMS; BY AMENDING SECTION
56-5-6540, RELATING TO PENALTIES, SO AS TO PROVIDE THAT A VIOLATION IS
ADMISSIBLE AS EVIDENCE OF COMPARATIVE NEGLIGENCE; BY ADDING SECTION 15-7-65 SO
AS TO PROVIDE THAT A CIVIL ACTION TRIED AGAINST AN UNKNOWN DEFENDANT MUST BE
TRIED IN THE COUNTY WHERE THE CAUSE OF ACTION AROSE; BY AMENDING SECTION
38-77-150, RELATING TO UNINSURED MOTORIST PROVISIONS, SO AS TO PROVIDE THAT THE
UNINSURED MOTORIST PROVISION IS NOT REQUIRED TO INCLUDE COVERAGE FOR PUNITIVE
OR EXEMPLARY DAMAGES; BY AMENDING SECTION 38-77-160, RELATING TO ADDITIONAL
UNINSURED MOTORIST COVERAGE, SO AS TO PROVIDE THAT AUTOMOBILE INSURANCE
CARRIERS ARE NOT REQUIRED TO INCLUDE COVERAGE FOR PUNITIVE OR EXEMPLARY DAMAGES
IN THE MANDATORY OFFER OF UNDERINSURED MOTORISTS COVERAGE; BY AMENDING SECTION
15-78-30, RELATING TO DEFINITIONS, SO AS TO DEFINE OCCURRENCE; BY AMENDING
SECTION 15-32-220, RELATING TO NONECONOMIC DAMAGES LIMIT AND EXCEPTIONS, SO AS
TO PROVIDE GUIDELINES FOR INTENT TO HARM, FELONY CONVICTIONS, AND INFLUENCE OF
ALCOHOL AND OTHER DRUGS; AND BY ADDING SECTION 38-59-23 SO AS TO PROVIDE FOR
ACTIONS FOR BAD FAITH INVOLVING A LIABILITY.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 15-38-15 of the S.C. Code is amended to read:
    Section 15-38-15.  (A)
In an action to recover damages in tort: resulting from personal injury, wrongful death, or damage to
property or to recover damages for economic loss or for noneconomic loss such
as mental distress, loss of enjoyment, pain, suffering, loss of reputation, or
loss of companionship resulting from tortious
conduct, if indivisible damages are determined to be proximately caused by more
than one defendant, joint and several liability does not apply to any defendant
whose conduct is determined to be less than fifty percent of the total fault
for the indivisible damages as compared with the total of:  (i) the fault of
all the defendants;  and (ii) the fault (comparative negligence), if any, of
plaintiff. A defendant whose conduct is determined to be less than fifty
percent of the total fault shall only be liable for that percentage of the
indivisible damages determined by the jury or trier of fact.
       (1) The trier of fact shall
determine the percentage of fault of the plaintiff, of the defendant or
defendants, and of any nonparty whose tortious act or omission was proven to be
a proximate cause of the plaintiff's alleged damages. For purposes of
apportioning fault on the verdict form, a "nonparty" means an individual or
entity who has previously settled a claim arising out of the same tortious act
or omission with the plaintiff, or if more than one plaintiff, who has
previously settled with any plaintiff in the same civil action.
       (2) A settling party shall be
placed on the verdict form if there is any evidence sufficient to survive a
South Carolina Rules of Civil Procedure Rule 50 Directed Verdict Motion that
the settling party was proximate cause, in whole or in part, of the plaintiff's
damages.
       (3) If the percentage of fault
of the plaintiff is greater than fifty percent of the total fault involved in
the tortious act or omission that caused the plaintiff's damages, then the
trier of fact shall return a verdict for the defendant and no further deliberation
is required.
       (4) If the plaintiff's percentage
of fault is not greater than fifty percent of the total fault involved in the
tortious act or omission that caused the plaintiff's damages, then the trier of
fact shall determine the total amount of damages that the plaintiff would be
entitled to recover if comparative fault were disregarded.
       (5) Upon the completion of
subitem (4), the court shall enter judgment for the plaintiff against each
defendant in an amount equal to the total amount of damages awarded in subitem (4)
multiplied by the percentage of fault assigned to each respective defendant in subitem
(1) using the following criteria:
  (a) each defendant is severally
liable for his share of the total amount of the plaintiff's noneconomic
damages, as defined in Section 15-32-210, and any punitive or exemplary
damages; and
  (b) if the percentage of fault
of any one defendant is greater than fifty percent of the total fault involved
in the act or omission that cause the plaintiff's damages, then the defendant
is jointly and severally liable to the total amount of plaintiff's economic
damages.
       (6) If the percentage of fault
of any defendant that is charged under Section 56-5-2930, 56-5-2933, or
56-5-2945 is greater than fifty percent of the total fault in the tortious act
or omission that caused the plaintiff's damages, then the total amount of
damages for which the licensee is liable shall not be more than fifty percent
of the plaintiff's total damages. Licensee shall have the same meaning as in
Section 15-3-710(A)(2).
       (7) For purposes of this
section, the terms economic damages and noneconomic damages have the same
meaning as defined in Section 15-32-210.
(B) Apportionment of
percentages of fault among defendants is to be determined as specified in
subsection (C).
    (C) (B) The jury, or the court if there
is no jury, shall: Within one hundred eighty days
of commencement of an action, or by leave of court for good cause shown, a
defendant may move to add to the verdict form any person or entity, not
otherwise excluded by subsection (C) or (F), who may be, or may have been,
liable to the plaintiff if the defendant has a reasonable basis to believe that
the person's or entity's act or omission was a proximate cause of the
plaintiff's alleged damages, which must be set forth in its motion. If the
defendant will assert the person or entity committed an act of professional
negligence, the provisions of Section 15-36-100 apply, and the affidavit
required pursuant to Section 15-36-100(B) must be filed with the motion.
       (1) Any party may make any
motion at the appropriate time including, but not limited to, a motion pursuant
to Rules 12, 50, and 56 of the South Carolina Rules of Civil Procedure to
dismiss or otherwise remove the added person or entity from the verdict form.
The court shall apply the same standard to the dismissal or removal of an added
person or entity, as it would to any party.
       (2) In order for the trier of
fact to allocate any or all fault to an added person or entity, the defendant
bears the burden of proof that the added person's or entity's conduct was a
proximate cause of the plaintiff's damages unless the plaintiff's pleading is
amended to assert a direct claim against the added person or entity pursuant to
subitem (3).
       (3) The plaintiff may, within
sixty days of the court granting a motion pursuant to this section, amend the
plaintiff's pleading to assert any claim against the added person or entity
arising out of the occurrence that is the subject matter of the pending
litigation. This provision applies notwithstanding any statute of limitations
as long as the plaintiff would have satisfied the applicable statute of
limitations against the added person or entity if the plaintiff had named the
added person or entity as a defendant when the suit was commenced.
  (a) A person or entity added as
a party pursuant to this subitem shall be identified as a defendant in the
caption of the action.
  (b) An amended pleading pursuant
to this provision must comply with Rule 4 of the South Carolina Rules of Civil
Procedure and be served on the added party within sixty days of filing the
amended pleading.
  (c) A party added pursuant to
this provision has the same rights to defend or plead as a defendant under the
South Carolina Rules of Civil Procedure.
       (1) specify the amount
of damages;
       (2) determine the
percentage of fault, if any, of plaintiff and the amount of recoverable damages
under applicable rules concerning "comparative negligence";  and
       (3) upon a motion by at
least one defendant, where there is a verdict under items (1) and (2) above for
damages against two or more defendants for the same indivisible injury, death,
or damage to property, specify in a separate verdict under the procedures
described at subitem (b) below the percentage of liability that proximately
caused the indivisible injury, death, damage to property, or economic loss from
tortious conduct, as determined by item (1) above, that is attributable to each
defendant whose actions are a proximate cause of the indivisible injury, death,
or damage to property. In determining the percentage attributable to each
defendant, any fault of the plaintiff, as determined by item (2) above, will be
included so that the total of the percentages of fault attributed to the
plaintiff and to the defendants must be one hundred percent. In calculating the
percentage of fault attributable to each defendant, inclusion of any percentage
of fault of the plaintiff (as determined in item (2) above) shall not reduce
the amount of plaintiff's recoverable damages (as determined under item (2)
above).
  (a) For this
purpose, the court may determine that two or more persons are to be treated as
a single party. Such treatment must be used where two or more defendants acted
in concert or where, by reason of agency, employment, or other legal
relationship, a defendant is vicariously responsible for the conduct of another
defendant.
  (b) After the
initial verdict awarding damages is entered and before the special verdict on
percentages of liability is rendered, the parties shall be allowed oral
argument, with the length of such argument subject to the discretion of the
trial judge, on the determination of the percentage attributable to each
defendant. However, no additional evidence shall be allowed.
    (D) A defendant shall
retain the right to assert that another potential tortfeasor, whether or not a
party, contributed to the alleged injury or damages and/or may be liable for
any or all of the damages alleged by any other party.
    (E) Notwithstanding the
application of this section, setoff from any settlement received from any
potential tortfeasor prior to the verdict shall be applied in proportion to
each defendant's percentage of liability as determined pursuant to subsection
(C).
    (F) This section does not
apply to a defendant whose conduct is determined to be wilful, wanton,
reckless, grossly negligent, or intentional or conduct involving the use, sale,
or possession of alcohol or the illegal or illicit use, sale, or possession of
drugs.
    (C) The following are excluded
from being added to the verdict form pursuant to subsection (B):
       (1) a person or entity not
subject to civil liability or payment of damages in a civil action due to
worker's compensation statutes or U.S. Bankruptcy Code;
       (2) a person or entity where the
plaintiff's damages arise in whole or in part from assault, battery, sexual
assault, sexual abuse, sexual misconduct, financial fraud, or theft;
       (3) a person whose fault is
imputed to the defendant or whose fault is based upon the fault of the nonparty
for which a defendant is vicariously liable; or
       (4) a person involved in a case
where the causes of action involve strict liability.
    (D) A defendant shall not be entitled to a setoff for monies paid
by a nonparty added to the verdict form pursuant to subsection (A) or a person
or entity added to the verdict form pursuant to subsection (B). A defendant can
elect the setoff from the added nonparty or added person or entity in lieu of
placing that nonparty, person, or entity on the verdict form.
    (E) Nothing in this section
shall be construed as eliminating the empty chair defense, which is the
defendant's right to assert that another potential tortfeasor, whether or not a
party, contributed to the alleged injury or damages or may be liable for any or
all of the damages alleged by the plaintiff.
    (F)(1) The
following are excluded from being added to the verdict form pursuant to
subsection (B) and from the modified joint and several liability contained in
subitem (A)(5)This section does not apply:
  (1)(a) to an action commenced by the State, a state agency, a
municipality, a county, a local government, a regional public authority, a special purpose district, a public utility, or any
other governmental entity or political subdivision including, but not limited
to, claims seeking recovery of public funds, remediation costs, or other
damages arising from acts or omissions of third parties that result in harm to
public health, safety, infrastructure, or the environment;
       (b) to a defendant whose conduct
is determined to be intentional, including an act or omission that is
intentional; or
       (c) where two or more defendants
or nonparties knowingly pursue a common plan or design to commit a tortious
act, or actively take part in it. This subitem does not apply to any cause of
action arising out Section 15-3-710.
       (2) In an action to recover
damages arising under any of the exempted items in this subsection, if
indivisible damages are determined to be proximately caused by more than one
defendant, joint and several liability does not apply to any defendant whose conduct
is determined to be less than fifty percent of the total fault for the
indivisible damages as compared with the total of the fault of all the
defendants; and the fault (comparative negligence), if any, of plaintiff. A
defendant whose conduct is determined to be less than fifty percent of the
total fault shall only be liable for that percentage of the indivisible damages
determined by the jury or trier of fact.
    (G) The provisions of this
section do not apply to causes of action involving PFAS or asbestos commenced
prior to the effective date of this act. In such cases, liability shall be
determined in accordance with other applicable statutory law and common law
governing such torts.
SECTION 2.  Section 15-38-20 of the S.C. Code is amended to read:
    Section
15-38-20.  (A) Except as otherwise
provided in this chapter, where two or more persons become jointly or severally
liable in tort for the same injury to person or property or for the same
wrongful death, there is a right of contribution among them even though
judgment has not been recovered against all or any of them.
    (B)
The right of contribution exists only in favor of a tortfeasor who has paid
more than his pro rata share of the common liability, and his total recovery is
limited to the amount paid by him in excess of his pro rata share.  No
tortfeasor is compelled to make contribution beyond his own pro rata share of
the entire liability.
    (C)
There is no right of contribution in favor of any tortfeasor who has
intentionally caused or contributed to the injury or wrongful death.
    (D) A
tortfeasor who enters into a settlement with a claimant is not entitled to
recover contribution from another tortfeasor whose liability for the injury or
wrongful death is not extinguished by the settlement nor in respect to any
amount paid in a settlement which is in excess of what was reasonable.
    (E) A
liability insurer, who by payment has discharged in full or in part the
liability of a tortfeasor and has thereby discharged in full its obligation as
insurer, is subrogated to the tortfeasor's right of contribution to the extent
of the amount it has paid in excess of the tortfeasor's pro rata share of the
common liability.  This provision does not limit or impair any right of
subrogation arising from any other relationship.
    (F)
This chapter does not impair any right of indemnity under existing law.  Where
one tortfeasor is entitled to indemnity from another, the right of the
indemnity obligee is for indemnity and not contribution, and the indemnity
obligor is not entitled to contribution from the obligee for any portion of his
indemnity obligation.
    (G)
This chapter does not apply to breaches of trust or of other fiduciary
obligation.
    (H) The provisions in this
section apply only to causes of action where the nonparty tortfeasor was not
added to the verdict form pursuant to Section 15-38-15(A)(1), (C), or (F).
SECTION 3.  Section 15-38-30 of the S.C. Code is amended to read:
    Section
15-38-30.  In determining the pro rata shares of tortfeasors in the entire
liability (1) their relative degrees of fault shall not be considered;  (2) if
equity requires, the collective liability of some as a group shall constitute a
single share;  and (3) principles of equity applicable to contribution
generally shall apply. This section applies only to causes
of action where the nonparty tortfeasor was not added to the verdict form
pursuant to Section 15-38-15(A)(1), (C), or (F).
SECTION 4.  Section 15-38-40 of the S.C. Code is amended to read:
    Section
15-38-40.  (A) Whether or not
judgment has been entered in an action against two or more tortfeasors for the
same injury or wrongful death, contribution may be enforced by separate action.
    (B)
Where a judgment has been entered in an action against two or more tortfeasors
for the same injury or wrongful death, contribution may be enforced in that
action by judgment in favor of one against other judgment defendants by motion
upon notice to all parties to the action.  Provided, however, contribution may
not be enforced in the action until the issue of liability and resulting
damages against the defendant or defendants named in the action is determined.
Once the issue of liability has been resolved, subject to Section 15-38-20(B),
a defendant has the right to seek contribution against any judgment defendant
and other persons who were not made parties to the action.
    (C)
If there is a judgment for the injury or wrongful death against the tortfeasor
seeking contribution, any separate action by him to enforce contribution must
be commenced within one year after the judgment has become final by lapse of
time for appeal or after appellate review.
    (D)
If there is no judgment for the injury or wrongful death against the tortfeasor
seeking contribution, his right of contribution is barred unless he has either
(1) discharged by payment the common liability within the statute of
limitations period applicable to claimant's right of action against him and has
commenced his action for contribution within one year after payment, or (2)
agreed while action is pending against him to discharge the common liability
and has within one year after the agreement paid the liability and commenced
his action for contribution.
    (E)
The recovery of a judgment for an injury or wrongful death against one
tortfeasor does not of itself discharge the other tortfeasors from liability
for the injury or wrongful death unless the judgment is satisfied.  The
satisfaction of the judgment does not impair any right of contribution.
    (F)
The judgment of the court in determining the liability of the several
defendants to the claimant for an injury or wrongful death shall be binding as
among such defendants in determining their right to contribution.
    (G) The provisions in this
section apply only to causes of action where the nonparty tortfeasor was not
added to the verdict form pursuant to Section 15-38-15(A)(1), (C), or (F).
SECTION
5.A.  Chapter 3, Title 15 of the S.C. Code is
amended by adding:
    Section
15-3-710.  (A) As used in this
section:
       (1)
"Alcohol" means beer, wine, alcoholic liquors, or alcoholic beverages
as defined in Section 61-6-20; alcoholic liquor by the drink or alcoholic
beverage by the drink as defined in Section 61-6-20; or any other type of
alcoholic beverage that contains any amount of alcohol and is used as a
beverage for human consumption.
       (2)
"Licensee" means any person or entity licensed to sell alcohol by the
State of South Carolina or any agency or department thereof. The term
"licensee" includes any owner, partner, manager, agent, employee, or other
person or entity engaged in a single business enterprise with another licensee
or permittee or one for whose conduct a licensee or permittee may be
vicariously liable.
       (3)
"Visibly intoxicated" means an individual who displayed visible signs
and symptoms of intoxication that would have been obvious to a trained alcohol
server under the circumstances.
       (4)
"Trained alcohol server" means an alcohol server who has completed the training
required by Chapter 3 of Title 61.
    (B) Except
as provided in this section, a licensee is not liable in a civil action arising
out of the sale, service, or furnishing of alcohol.
    (C) A
person other than the intoxicated individual, who has suffered bodily injury,
death, or property damage caused by the acts or omissions of the intoxicated
individual possesses a civil cause of action against a licensee if the person
shows, by the preponderance of the evidence that the licensee knowingly sold,
served, or directly furnished alcohol to an individual who was visibly
intoxicated, and the sale, service, or direct furnishing of alcohol to the
intoxicated individual was a proximate cause of the person's bodily injury,
death, or property damage.
    (D) A
person who was nineteen years of age or older at the time of the sale, service,
or direct furnishing of alcohol by a licensee does not possess a civil cause of
action against a licensee for the sale, service, or furnishing of alcohol if:
       (1)
at the time the person suffered bodily injury or death, the person was riding
as a passenger in a motor vehicle operated by an intoxicated individual and had
knowledge of the operator's intoxication;  or
       (2)
at the time the person suffered property damage, the person had placed the
damaged property in the possession, custody, or control of the intoxicated
individual with knowledge of either:
  (a)
the individual's intoxication;
  (b)
the individual's addiction to intoxication; or
  (c)
the individual's habit of becoming intoxicated and the individual's propensity
to operate a motor vehicle while intoxicated.
    (E) A
person who was under the age of nineteen years at the time of the sale,
service, or direct furnishing of alcohol by a licensee possesses a civil cause
of action against the licensee if that person shows by the preponderance of the
evidence that:
       (1)
the licensee knowingly sold, served, or directly furnished alcohol to the
person under the age of nineteen; and
       (2)
the licensee's sale, service, or direct furnishing of alcohol to the person
under the age of nineteen was a proximate cause of the person's bodily injury,
death, or property damage.
    (F) A
licensee who affirmatively proves a forensic digital identification system
approved by the South Carolina Law Enforcement Division was used to confirm the
validity of the person's identification has not knowingly sold, served, or
furnished alcohol to that person for the purposes of subsection (E).
    (G)
Upon the death of any party, the action or right of action authorized by this
section will survive to or against the party's personal representative.
    (H) A licensee
is not chargeable with knowledge of acts by which a person becomes intoxicated
at other locations.
    (J) If
an attorney initiates or maintains a civil action against a licensee under this
section when a reasonable attorney in the same circumstances would not conclude
that under the facts, the civil action against the licensee was justifiably
initiated or maintained under this section, then the court shall award that licensee
reasonable attorney's fees of not less than five thousand dollars and costs to
be paid by that person to that licensee upon a motion made within ten days
following the conclusion of a trial and after a verdict has been rendered, or a
case has been dismissed by summary judgment, direct verdict, or judgment
notwithstanding the verdict.
    (K)
The provisions of this section are the exclusive manner for bringing a dram
shop cause of action.
B. Section 61-4-580(B) of the S.C. Code is amended to
read:
    (B) In addition to
civil liability as provided by law, including as provided in Section 15-3-710, a
violation of any provision of this section is a ground for the revocation or
suspension of the holder's permit. A permittee or licensee
who violates any provision of this section:
       (1) for a first offense, shall
be fined two thousand five hundred dollars by the department;
       (2) for a second offense within
two years of the first offense, shall have its alcohol license or permit
suspended for up to fourteen days as determined by the department; and
       (3) for a third offense within
three years of the first offense, shall have its alcohol license or permit
revoked.
SECTION
6.A.  Title 61 of the S.C. Code is amended by
adding:
CHAPTER 3
Alcohol Server Training
    Section
61-3-100.  For the purposes of this chapter, the
following definitions apply:
    (1)
"Alcohol" means beer, wine, alcoholic liquors, or any other type of
alcoholic beverage that contains any amount of alcohol and is used as a
beverage for human consumption.
    (2)
"Alcohol server" means an individual who sells alcohol for
on-premises consumption at permitted or licensed premises and may include a
permittee, licensee, manager, or other employee of a permittee or licensee.
"Alcohol server" does not include an individual employed or
volunteering on a temporary basis for a one-time special event, such as a
banquet, or at an event that has a temporary permit to sell beer, wine, or
alcoholic liquors by the drink and does not include an individual transferring
alcohol from one location to another as a distributor, wholesaler, or as
otherwise lawfully authorized to transfer alcohol from one location to another
by this title; and does not include an individual who cannot lawfully serve or
deliver alcohol pursuant to Sections 61-4-90(D) and 61-6-2200.
    (3)
"Alcohol server certificate" means an authorization issued by the
department for an individual to be employed or engaged as an alcohol server for
on-premises consumption.
    (4)
"DAODAS" means the South Carolina Department of Alcohol and Other
Drug Abuse Services.
    (5)
"Department" means the South Carolina Department of Revenue.
    (6)
"Division" means the South Carolina Law Enforcement Division.
    (7)
"Employee" means a person who is employed for at least ten hours a
week by a permittee or a licensee.
    (8)
"Licensee" means a person issued a license by the department pursuant
to Title 61 to sell, serve, transfer, or dispense alcoholic liquors or
alcoholic liquor by the drink for on-premises consumption.
    (9)
"Manager" means an individual permittee, an individual licensee, and
any person employed by a permittee or licensee who manages, directs, or
controls the sale, service, transfer, or dispensing of alcoholic beverages for
on-premises consumption
at the permitted or licensed premises.
    (10)
"Permittee" means a person issued a permit by the department pursuant
to Title 61 to sell, serve, transfer, or dispense beer, wine, ale, porter, or
other malted beverages for on-premises consumption.
    (11)
"Program" means an alcohol server training and education course and
examination approved by the department with input from DAODAS and the division
that is administered by authorized providers.
    (12)
"Provider" means an individual, partnership, corporation, or other
legal entity authorized by the department that offers and administers a
program.
    Section 61-3-110.  (A)
An alcohol server or manager must complete alcohol server training and obtain
an alcohol server certificate pursuant to the provisions of this chapter. If an
alcohol server or manager does not have a current alcohol server certificate at
the time of employment in that capacity, then the licensee or permittee must
provide alcohol server training within thirty calendar days of employment. An
alcohol server shall not be mentally or physically impaired or intoxicated by
alcohol, drugs, or controlled substances while serving alcohol on behalf of the
licensee.
    (B) A
permittee or licensee shall maintain at all times on its permitted or licensed
premises physical or electronic copies of the alcohol server certificates for its
managers and alcohol servers for the duration of employment. Copies of the
alcohol server certificate must be made available, upon request, to the
department, the division, or the agents and employees of each. For the purposes
of enforcement of the provisions of this chapter:
       (1)
a permittee or licensee must also make available to the department or the
division, when requested, the date a manager or alcohol server began employment
in the capacity; and
       (2)
a permittee or licensee shall be excused for the failure to produce the alcohol
server certificate if that failure is due to a provider's failure to report the
successful completion of training and testing or the department's failure to
issue a certificate to an applicant who has met the requirements of Section
61-3-130.
    Section
61-3-120.  (A)(1) The department shall approve alcohol
server training programs offered by providers that are based on best evidence
practice standards. The department may collaborate with DAODAS and the division
to determine appropriate providers for the purposes of this chapter. The
department shall approve or deny a program within sixty days of application by
a provider. A provider may appeal a denial pursuant to Section 61-2-260 and the
South Carolina Administrative Procedures Act.
       (2)
A provider may charge a licensee, permittee, or individual seeking training for
the purpose of employment as an alcohol server or manager a fee not to exceed
fifty dollars per participant.
    (B)
The curricula of each program must include the following subjects:
       (1)
state laws and regulations pertaining to:
  (a)
the sale and service of alcoholic beverages;
  (b)
the permitting and licensing of sellers of alcoholic beverages;
  (c)
impaired driving or driving under the influence of alcohol or drugs;
  (d)
liquor liability issues;
  (e)
the carrying of concealed weapons by authorized permit holders into businesses
selling and serving alcoholic beverages; and
  (f)
life consequences, such as the loss of education scholarships, to minors
relating to the unlawful use, transfer, or sale of alcoholic beverages;
       (2)
the effect that alcohol has on the body and human behavior including, but not
limited to, its effect on an individual's ability to operate a motor vehicle
when intoxicated;
       (3)
information on blood alcohol concentration and factors that change or alter
blood alcohol concentration;
       (4)
the effect that alcohol has on an individual when taken in combination with
commonly used prescription or nonprescription drugs or with illegal drugs;
       (5)
information on recognizing the signs of intoxication and methods for preventing
intoxication;
       (6)
methods of recognizing problem drinkers and techniques for intervening with and
refusing to serve problem drinkers;
       (7)
methods of identifying and refusing to serve or sell alcoholic beverages to
individuals under twenty-one years of age and intoxicated individuals;
       (8)
methods for properly and effectively checking the identification of an
individual, for identifying illegal identification, and for handling situations
involving individuals who have provided illegal identification;
       (9)
South Carolina law enforcement information including, but not limited to, the
most recently published official statistics on drunk driving accidents,
injuries, and deaths in South Carolina; and
       (10)
other topics related to alcohol server education and training designated by the
department, in collaboration with DAODAS and the division, to be included.
    (C)
The department shall approve only online designed training programs that meet
each of the following criteria:
       (1)
a program must cover the content specified in subsection (B);
       (2)
the content in a program must clearly identify and focus on the knowledge,
skills, and abilities needed to responsibly serve alcoholic beverages and must
be developed using best practices in instructional design and exam development
to ensure that the program is fair and legally defensible;
       (3)
a program shall be offered online;
       (4)
online training must be at least four hours, be available in English and
Spanish, and include a test;
       (5)
online or computer based training programs must use linear navigation that
requires the completion of a module before the course proceeds to the next
module, with no content omitted, be interactive, have audio for content, and
include a test;
       (6)
training and testing must be conducted online. All tests must be monitored by
an online proctor. A passing grade for a test, as provided by the program, is
required; and
       (7)
training certificates are issued by the provider only after training is
complete and a test has been passed successfully.
    (D) Within
ten business days after a training is completed, each provider must give to the
department a report of all individuals who have successfully completed the
training and testing. The provider must also maintain these records for at
least five years following the end of the training program for purposes of
verifying certification validity by the department or the division.
    (E)
The department, in collaboration with DAODAS and the division, may suspend or
revoke the authorization of a provider that the department determines has
violated the provisions of this chapter. If a provider's authorization is
suspended or revoked, then that provider must cease operations in this State
immediately and refund any money paid to it by individuals enrolled in that
provider's program at the time of the suspension or revocation.
    Section
61-3-130.  (A)(1) The department must issue an
alcohol server certificate to each applicant who completes an approved program
or a recertification program and who provides other information as may be
required by the department in an application form that is available on the
department's website. An individual must apply for an alcohol server
certificate within six months of completing a program. The department, if
circumstances warrant the issuance of a temporary alcohol server certificate,
may issue a temporary alcohol server certificate that is valid for a period of
no more than thirty calendar days.
       (2)
The department, in collaboration with DAODAS and the division, may issue an
alcohol server certificate to an individual from outside of the State who
applies for an alcohol server certificate if the individual has an alcohol
server certificate from a nationally recognized or comparable, state recognized
alcohol server certification program that the department, DAODAS, and the
division find meets or exceeds the programs offered in this State.
    (B)
Alcohol server certificates shall not be issued to graduates of programs that
are not approved by the department.
    (C) An
alcohol server certificate is the property of the individual to whom it is
issued and is transferrable among employers. An individual must reimburse a
licensee or permittee that paid for the cost of alcohol server training if the
individual leaves the employment of the licensee or permittee within six months
of its issuance.
    (D)
Alcohol server certificates are valid for a period of three years from the date
that the alcohol server certificate was issued. After the three-year period, a
new or recertified alcohol server certificate must be obtained pursuant to the
provisions of this chapter.
    (E)
Upon expiration of an alcohol server certificate, the individual to whom the
alcohol server certificate was issued may obtain recertification in accordance
with regulations promulgated by the department.
    (F)
The department shall not charge a fee to issue and renew alcohol server
certificates to qualifying applicants.
    (G) An
applicant must be deemed to be a qualifying applicant for the purpose of
alcohol server certificate issuance and renewal if they have successfully
completed all training and testing requirements as found in Section 61-3-120.
    Section 61-3-140.  The division and the department are
responsible for enforcement of the provisions of this chapter. The department
is responsible for bringing administrative actions for violations of the
provisions of this chapter or related regulations, and those actions shall
proceed according to the provisions of Section 61-2-260 and the South Carolina
Administrative Procedures Act.
B. Section 61-2-60 of the S.C. Code is amended by adding:
    (9) regulations governing the
development, implementation, education, and enforcement of responsible alcohol
server training provisions.
C. Section 61-6-2220 of the S.C. Code is amended to read:
    Section
61-6-2220. A person or establishment licensed to sell alcoholic liquors or
liquor by the drink pursuant to this article may not knowingly
sell these beverages to persons in an intoxicated condition;  these
sales are considered violations of the provisions thereof and subject to the
penalties contained herein.
D.  This
SECTION takes effect nine months after the effective date of this act.
SECTION 7.  Chapter 73, Title 38 of the S.C. Code is amended by
adding:
    Section
38-73-550. (A) Due to the mandatory
requirement for commercial casualty coverage contained in Section 61-2-145, the
availability of affordable commercial casualty coverage, including liquor
liability coverage, is found to be essential to South Carolina's hospitality
industry and by South Carolina citizens.
    (B)
By January thirty-first of each year, the director must prepare and submit a
report to the President of the Senate, the Speaker of the House of
Representatives, the Chairman of the Senate Banking and Insurance Committee,
the Chairman of the House Labor, Commerce and Industry Committee, the Chairman
of the Senate Judiciary Committee, and the Chairman of the House Judiciary
Committee regarding the status of commercial general liability and liquor
liability markets, including the insurance industry's participation and
profitability in the commercial general liability and the liquor liability    sub-line
of that market. The report shall be posted in an electronic format on the department's
website within five days of its submission. The report shall include, but not
be limited to, the following:
       (1)
the number of policies written in South Carolina that provide coverage by
insurers for liquor liability in South Carolina, whether as a stand-alone
product or as another commercial liability insurance product;
       (2)
the volume of earned premiums associated with the coverage provided by the
insurers for liquor liability in South Carolina and written in South Carolina;
       (3)
the number of claims closed with payments and the volume of those payments
associated with liquor liability coverage written in South Carolina;
       (4)
the number of claims open and the volume of actual reserves on those claims
associated with liquor liability coverage written in South Carolina;
       (5)
the volume of reserves for incurred but not reported claims associated with
liquor liability coverage;
       (6)
the sum of subrogation and salvage associated with liquor liability coverage
written in South Carolina;
       (7)
the volume of combined losses as a percentage of premiums associated with
liquor liability coverage written in South Carolina and the methodology of its
determination;
       (8)
the amount of profit as a percentage of premiums associated with liquor
liability coverage written in South Carolina and the methodology of its
determination;
       (9)
the number of insurers participating in commercial general liability market and
the liquor liability sub-line of that market;
       (10)
the director's conclusions as to the availability of commercial general
liability and liquor liability coverage and the trends in changes in the rates
for that coverage; and
       (11)
the director's recommendations to continue to improve the availability of
insurance coverage as mandated in Section 61-2-145 and the rates associated
with that coverage.
SECTION
8.A.  Section 61-2-145 of the S.C. Code is amended
to read:
    Section
61-2-145.  (A) In addition to all
other requirements, a person licensed or permitted to sell alcoholic beverages
for on-premises consumption, which remains open after five o'clock p.m. to sell
alcoholic beverages for on-premises consumption, except
for a 501(c)(3) nonprofit corporation is required to maintain a liquor
liability insurance policy or a general liability insurance policy with a
liquor liability endorsement for a total coverage of at least one millionfive hundred thousand
dollars during the period of the biennial permit or license. A 501(c)(3) nonprofit corporation licensed or permitted to sell
alcoholic beverages for on-premises consumption, which remains open after five
o'clock p.m. to sell alcoholic beverages for on-premises consumption, is
required to maintain a liquor liability insurance policy or a general liability
insurance policy with a liquor liability endorsement for a total coverage of at
least three hundred thousand dollars during the period of the biennial permit
or license. Failure to maintain this coverage constitutes grounds for
suspension or revocation of the permit or license.
    (B)
The department shall add this requirement to all applications and renewals for
biennial permits or licenses to sell alcoholic beverages for on-premises
consumption, in which the permittees and licensees remain open and sell
alcoholic beverages for on-premises consumption after five o'clock p.m. Each
applicant or person renewing its license or permit, to whom this requirement
applies, shall provide the department with documentation of a liquor liability
insurance policy or a general liability insurance policy with a liquor
liability endorsement in the required amounts.
    (C)
Each insurer writing liquor liability insurance policies or general liability
insurance policies with a liquor liability endorsement to a person licensed or
permitted to sell alcoholic beverages for on-premises consumption, in which the
person so licensed or permitted remains open to sell alcoholic beverages for
on-premises consumption after five o'clock p.m., must notify the department in
a manner prescribed by department regulation of the lapse or termination of the
liquor liability insurance policy or the general liability insurance policy
with a liquor liability endorsement.
    (D)
For the purposes of this section, the term "alcoholic beverages" means beer,
wine, alcoholic liquors, and alcoholic liquor by the drink as defined in
Chapter 4, Title 61, and Chapter 6, Title 61.
    (E) Permittees and licensees
selling alcoholic beverages at any time between the hours of 12:00 a.m. and
4:00 a.m. shall use a forensic digital identification system that validates the
identification of any person attempting to enter the premises as a patron.
B. This SECTION takes effect on July 1,
2026, and applies to all policies issued on and after that date.
SECTION 9.  Section 15-7-30(A)(9) of the S.C. Code is amended to
read:
    (9) "Nonresident individual" means a
person who is not domiciled in this State, John Doe, or an
unknown defendant, as provided in Section 38-37-180.
SECTION 10. Section 56-5-6540(C) of the S.C. Code is amended to
read:
    (C) A violation of this article is not negligence per se or contributory negligence, and is
not admissible as evidence in a civil action if the violation is a proximate cause of the claimed damages.
SECTION 11. Section 38-77-150(A) of the S.C. Code is amended to
read:
    (A) No automobile insurance policy or
contract may be issued or delivered unless it contains a provision by
endorsement or otherwise, herein referred to as the uninsured motorist
provision, undertaking to pay the insured all sums which he is legally entitled
to recover as damages from the owner or operator of an uninsured motor vehicle,
within limits which may be no less than the requirements of Section 38-77-140. The uninsured motorist
provision is not required to include coverage for punitive or exemplary
damages. The uninsured motorist provision also must provide for no less
than twenty-fivefifty thousand dollars coverage for injury to or
destruction of the property of the insured in any one accident but may provide
an exclusion of the first two hundred dollars of the loss or damage. The
director or his designee may prescribe the form to be used in providing
uninsured motorist coverage and when prescribed and promulgated no other form
may be used.
SECTION 12. Section 38-77-160 of the S.C. Code is amended to read:
    Section 38-77-160. Automobile
insurance carriers shall offer, at the option of the insured, uninsured
motorist coverage up to the limits of the insured's liability coverage in
addition to the mandatory coverage prescribed by Section 38-77-150.  In the offer of
uninsured motorist coverage, the automobile insurance carriers shall offer the
insured the option to include coverage for punitive or exemplary damages. Such
carriers shall also offer, at the option of the insured, underinsured motorist
coverage up to the limits of the insured liability coverage to provide coverage
in the event that compensatory damages are
sustained in excess of the liability limits carried by an at-fault insured or
underinsured motorist or in excess of any damages cap or limitation imposed by
statute. The underinsured motorist coverage is not
required to include coverage for punitive or exemplary damages. However, in the
mandatory offer of underinsured motorists coverage, automobile insurance
carriers shall offer the insured the option to include coverage for punitive or
exemplary damages. If, however, an insured or named insured is protected
by uninsured or underinsured motorist coverage in excess of the basic limits,
the policy shall provide that the insured or named insured is protected only to
the extent of the coverage he has on the vehicle involved in the accident.  If
none of the insured's or named insured's vehicles is involved in the accident,
coverage is available only to the extent of coverage on any one of the vehicles
with the excess or underinsured coverage.  Benefits paid pursuant to this
section are not subject to subrogation and assignment.
    No action may be
brought under the underinsured motorist provision unless copies of the
pleadings in the action establishing liability are served in the manner
provided by law upon the insurer writing the underinsured motorist provision.
The insurer has the right to appear and defend in the name of the underinsured
motorist in any action which may affect its liability and has thirty days after
service of process on it in which to appear.  The evidence of service upon the
insurer may not be made a part of the record.  In the event the automobile
insurance insurer for the putative at-fault insured chooses to settle in part
the claims against its insured by payment of its applicable liability limits on
behalf of its insured, the underinsured motorist insurer may assume control of
the defense of action for its own benefit.  No underinsured motorist policy may
contain a clause requiring the insurer's consent to settlement with the
at-fault party.
SECTION 13. Section 15-78-30(g) of the S.C. Code is amended to
read:
    (g) "Occurrence" means an unfolding
sequence of events which proximately flow from a single act of negligence. including continuous or repeated
exposure to substantially the same harmful conditions. For purposes of this
section, multiple acts of negligence occurring without a break in the causal
chain that result in substantially the same damages shall be considered one
occurrence.
SECTION 14. Section 15-78-120 of the S.C. Code is amended to read:
    Section
15-78-120. (a)(A) For any action or claim for damages brought under the
provisions of this chapter, the liability shall not exceed the following
limits:
       (1)
Except as provided in Section 15-78-120(a)(3), no person shall recover in any
action or claim brought hereunder a sum exceeding threefive hundred thousand dollars because of loss arising from a
single occurrence regardless of the number of agencies or political
subdivisions involved.
       (2)
Except as provided in Section 15-78-120(a)(4), the total sum recovered
hereunder arising out of a single occurrence shall not exceed six hundred thousandone million
dollars regardless of the number of agencies or political subdivisions or
claims or actions involved.
       (3)
No person may recover in any action or claim brought hereunder against any
governmental entity and caused by the tort of any licensed physician or
dentist, employed by a governmental entity and acting within the scope of his
profession, a sum exceeding one million two hundred
thousandtwo million dollars because of loss
arising from a single occurrence regardless of the number of agencies or
political subdivisions involved.
       (4)
The total sum recovered hereunder arising out of a single occurrence of
liability of any governmental entity for any tort caused by any licensed
physician or dentist, employed by a governmental entity and acting within the
scope of his profession, may not exceed one million two
hundred thousandtwo million dollars
regardless of the number of agencies or political subdivisions or claims or
actions involved.
       (5)
The provisions of Section 15-78-120(a)(3) and (a)(4) shall in no way limit or
modify the liability of a licensed physician or dentist, acting within the
scope of his profession, with respect to any action or claim brought hereunder
which involved services for which the physician or dentist was paid, should
have been paid, or expected to be paid at the time of the rendering of the
services from any source other than the salary appropriated by the governmental
entity or fees received from any practice plan authorized by the employer
whether or not the practice plan is incorporated and registered with the
Secretary of State.
    (b)(B) No award for damages under this chapter shall include
punitive or exemplary damages or interest prior to judgment.
    (c)(C) In any claim, action, or proceeding to enforce a
provision of this chapter, the signature of an attorney or party constitutes a
certificate by him that he has read the pleading, motion, or other paper;  that
to the best of his knowledge, information, and belief formed after reasonable
inquiry it is well-grounded in fact and is warranted by existing law or a good
faith argument for the extension, modification, or reversal of existing law,
and that it is not interposed for any improper purpose, such as to harass or to
cause unnecessary delay or needless increase in the cost of litigation.  If a
pleading, motion, or other paper is not signed, it shall be stricken unless it
is signed promptly after the omission is called to the attention of the pleader
or movant.  If a pleading, motion, or other paper is signed in violation of
this rule, the court, upon motion or upon its own initiative, shall impose upon
the person who signed it, a represented party, or both, an appropriate
sanction, which may include an order to pay the other party or parties the
amount of the reasonable expenses incurred because of the filing of the
pleading, motion, or other paper, including a reasonable attorney's fee.
SECTION 15. Section 15-32-220(E) of the S.C. Code is amended to
read:
    (E)(1) The limitations for noneconomic damages rendered
against any health care healthcare
provider or health care healthcare institution do not apply if the jury or court
determines that the defendant was grossly negligent,
wilful, wanton, or reckless, and such conduct was the proximate cause of the
claimant's noneconomic damages, or if the defendant has engaged in fraud or
misrepresentation related to the claim, or if the defendant altered or destroyed
medical records with the purpose of avoiding a claim or liability to the
claimant.:
  (a) acted in a wilful, wanton,
or reckless manner;
  (b) has pled guilty to or been
convicted of a felony arising out of the same act or course of conduct
complained of by the plaintiff and that the act or course of conduct is a
proximate cause of the plaintiff's damages; or
  (c) acted or failed to act while
under the influence of alcohol or drugs to the degree that his judgment was materially
and appreciably impaired.
       (2) If the limitations for
noneconomic damages are found to be inapplicable pursuant to the jury or court
finding that the defendant's conduct fell within one of the exceptions herein,
then the maximum limit of civil liability for the defendant, regardless of the
number of claims or causes of action, shall not exceed ten times the current
limitation on noneconomic damages, as adjusted pursuant to subsection (F).
SECTION
16.A. Section 15-3-640 of the S.C. Code is amended
to read:
    Section
15-3-640.  No actions to recover damages based upon
or arising out of the defective or unsafe condition of an improvement to real
property may be brought more than eight ten years after substantial completion of the
improvement. For purposes of this section, an action based upon or arising out
of the defective or unsafe condition of an improvement to real property
includes:
    (1)
an action to recover damages for breach of a contract to construct or repair an
improvement to real property;
    (2)
an action to recover damages for the negligent construction or repair of an
improvement to real property;
    (3)
an action to recover damages for personal injury, death, or damage to property;
    (4)
an action to recover damages for economic or monetary loss;
    (5)
an action in contract or in tort or otherwise;
    (6)
an action for contribution or indemnification for damages sustained on account
of an action described in this section;
    (7)
an action against a surety or guarantor of a defendant described in this
section;
    (8)
an action brought against any current or prior owner of the real property or
improvement, or against any other person having a current or prior interest in
the real property or improvement;
    (9)
an action against owners or manufacturers of components, or against any person
furnishing materials, or against any person who develops real property, or who
performs or furnishes the design, plans, specifications, surveying, planning,
supervision, testing, or observation of construction, or construction of an
improvement to real property, or a repair to an improvement to real property.
    This section describes
an outside limitation of eight ten years after the substantial completion of the
improvement, within which normal statutes of limitations continue to run.
    A building permit for
the construction of an improvement to real property must contain in bold type
notice to the owner or possessor of the property of his rights under this
section to contract for a guarantee of the structure being free from defective
or unsafe conditions beyond eight ten years after substantial completion of the
improvement. The Department of Consumer Affairs shall publish in conspicuous
places the right of an owner or possessor to contract for extended liability
under this section. Nothing in this section prohibits a person from entering
into a contractual agreement prior to the substantial completion of the
improvement which extends any guarantee of a structure or component being free
from defective or unsafe conditions beyond eight ten years after substantial completion of the improvement
or component.
    For any improvement to
real property, a certificate of occupancy issued by a county or municipality,
in the case of new construction or completion of a final inspection by the
responsible building official in the case of improvements to existing improvements,
shall constitute proof of substantial completion of the improvement under the
provisions of Section 15-3-630, unless the contractor and owner, by written
agreement, establish a different date of substantial completion.
B. This SECTION
takes effect one year after the effective date of this act.
SECTION 17. Section
15-3-670 of the S.C. Code is repealed.
SECTION 18. Chapter 6, Title 61 of the S.C. Code is amended by
adding:
    Section
61-6-2225. A person or establishment licensed to sell liquor by the drink
pursuant to this article may not sell these beverages to an individual to be
consumed by that individual in an amount in excess of what a trained alcohol
server would believe to be reasonable, based on the immediately available
inferences, information, and the totality of the circumstances, that occurred
while the individual was on the licensee's premises.
SECTION
19.A. Section 38-77-140 of the S.C. Code is amended
to read:
    Section
38-77-140. (A) An automobile
insurance policy may not be issued or delivered in this State to the owner of a
motor vehicle or may not be issued or delivered by an insurer licensed in this
State upon a motor vehicle then principally garaged or principally used in this
State, unless it contains a provision insuring the persons defined as insured
against loss from the liability imposed by law for damages arising out of the
ownership, maintenance, or use of these motor vehicles within the United States
or Canada, subject to limits exclusive of interest and costs, with respect to
each motor vehicle, as follows:
       (1)
twenty-fivefifty
thousand dollars because of bodily injury to one person in any one accident
and, subject to the limit for one person;
       (2)
fifty one hundred thousand
dollars because of bodily injury to two or more persons in any one accident;
and
       (3)
twenty-fivefifty
thousand dollars because of injury to or destruction of property of others in
any one accident.
    (B)
Nothing in this article prevents an insurer from issuing, selling, or
delivering a policy providing liability coverage in excess of these
requirements.
B. This SECTION takes effect two years
after the effective date of this act.
SECTION 20.The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide.  After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.
SECTION 21.If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.
SECTION 22. Except as otherwise provided in this
act, this act takes effect upon approval by the Governor.
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