South Carolina S 133: Tort Reform

Bill Text

2025-2026 Bill 133 Text of Previous Version (Jan. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 133

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 61-2-140, RELATING TO SUSPENSION OR REVOCATION OF LICENSES AND PERMITS 
FOR THE SALE OF ALCOHOLIC LIQUORS, BEER, AND WINE, SO AS TO A PERSON LICENSED 
OR PERMITTED UNDER THE PROVISIONS OF THIS TITLE WHO MAINTAINS A LIQUOR 
LIABILITY INSURANCE POLICY OR A GENERAL LIABILITY INSURANCE POLICY WITH A 
LIQUOR LIABILITY ENDORSEMENT PURSUANT TO SECTION 61-2-145 MUST SURRENDER HIS 
LICENSE UPON THE THIRD OCCURRENCE DURING ANY ONE CALENDAR YEAR OF AN EVENT OR 
SERIES OF EVENTS THAT ACTIVATES COVERAGE FOR THE INSURED; BY AMENDING SECTION 
61-2-145, RELATING TO LIQUOR LIABILITY INSURANCE COVERAGE REQUIRED FOR ON-PREMISES 
CONSUMPTION, SO AS TO REDUCE THE REQUIREMENT FROM ONE MILLION DOLLARS TO TWO 
HUNDRED FIFTY THOUSAND DOLLARS; BY AMENDING SECTION 15-3-530, RELATING TO A THREE 
YEAR TIME PERIOD FOR THE COMMENCEMENT OF ACTIONS OTHER THAN FOR THE RECOVERY OF 
REAL PROPERTY SHALL BE AS PRESCRIBED IN THE FOLLOWING SECTIONS SO AS TO ADD ANY 
ACTION ON A POLICY OF INSURANCE REQUIRED PURSUANT TO SECTION 61-2-145; BY 
ADDING SECTION 15-38-12 SO AS TO PROVIDE A NECESSARY DEFINITION; BY AMENDING 
SECTION 15-38-15, RELATING TO JOINT AND SEVERAL LIABILITY, SO AS TO PROVIDE 
THAT A PLAINTIFF IS FIFTY PERCENT OR GREATER AT FAULT FOR THE INCIDENT 
RESULTING IN THE DAMAGES FOR WHICH HE IS SEEKING RECOVERY, THEN THE JURY SHALL 
RETURN A VERDICT FOR THE DEFENDANT, AND IF THE PLAINTIFF IS NOT FIFTY PERCENT 
OR MORE AT FAULT THEN THE DEFENDANTS ARE LIABLE FOR DAMAGES IN DIRECT 
PROPORTION TO THEIR PERCENTAGE OF FAULT; AND BY AMENDING SECTION 15-33-135, 
RELATING TO PUNITIVE DAMAGES, SO AS TO PROHIBIT PUNITIVE DAMAGES ON ANY ACTION 
ON A POLICY OF INSURANCE REQUIRED PURSUANT TO SECTION 61-2-145.

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

SECTION 1. Section 61-2-140 of the S.C. Code is amended to read:

 Section 
61-2-140. (A) A person promptly 
must surrender a license or permit issued under the provisions of this title 
upon request of the department.

 (B) A person licensed or permitted 
under the provisions of this title who maintains a liquor liability insurance 
policy or a general liability insurance policy with a liquor liability 
endorsement pursuant to Section 61-2-145 must surrender his license upon the third 
occurrence during any one calendar year of an event or series of events that activates 
coverage for the insured. 

 (B)(C) Licenses and permits are the property of the 
department and are not transferable. Licenses and permits must be surrendered 
immediately to the department upon the termination of a business, upon a change 
of ownership, possession, or control of a corporation or business entity, or 
upon a change in the character of the property, facilities, or nature of the 
business activity for which a license or permit has been issued. The transfer 
of twenty-five percent or more of corporate stock is considered a change in 
ownership.

 (C)(D) Licenses and permits must be issued for a designated 
location and may not be transferred to another location. A separate license or 
permit is required for each separate location of a business.

 (D)(E) When a license or permit is suspended or revoked, no 
partner or person with a financial interest in the business may be issued a 
license or permit for the premises concerned. No person within the second 
degree of kinship to a person whose license or permit is suspended or revoked 
may be issued a license or permit for the premises concerned for a period of 
one year after the date of suspension or revocation.

 (E)(F) A person whose license or permit has been suspended or 
revoked for a particular premises is not eligible to receive an additional new 
license or permit at another location during the period the suspension or 
revocation is in effect, and the department may suspend or revoke all other 
licenses or permits held by the person if the suspended or revoked premises is 
within close proximity.

SECTION 2. Section 61-2-145(A) of the S.C. Code is amended to 
read:

 (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, 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 million two hundred fifty 
thousand dollars during the period of the biennial permit or license. 
Failure to maintain this coverage constitutes grounds for suspension or 
revocation of the perm