Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators Hutto, Campbell, Campsen, L. Martin and Ford
Document Path: l:\s-jud\bills\hutto\jud0182.ba.docx
Introduced in the Senate on April 19, 2012
Introduced in the House on May 1, 2012
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Issuance of a license by LLR
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/19/2012 Senate Introduced and read first time (Senate Journal-page 6) 4/19/2012 Senate Referred to Committee on Judiciary (Senate Journal-page 6) 4/19/2012 Senate Referred to Subcommittee: Campsen (ch), Hutto, Malloy, Campbell, Massey 4/25/2012 Senate Committee report: Favorable Judiciary (Senate Journal-page 17) 4/26/2012 Senate Read second time (Senate Journal-page 70) 4/26/2012 Senate Roll call Ayes-37 Nays-0 (Senate Journal-page 70) 4/26/2012 Senate Unanimous consent for third reading on next legislative day (Senate Journal-page 70) 4/27/2012 Senate Read third time and sent to House (Senate Journal-page 6) 5/1/2012 House Introduced and read first time (House Journal-page 13) 5/1/2012 House Referred to Committee on Labor, Commerce and Industry (House Journal-page 13)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
April 25, 2012
S. Printed 4/25/12--S.
Read the first time April 19, 2012.
To whom was referred a Bill (S. 1467) to amend the Code of Laws of South Carolina, 1976, by adding Section 40-1-43, so as to provide that the issuance of a license, alone, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
VINCENT A. SHEHENN for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-1-43, SO AS TO PROVIDE THAT THE ISSUANCE OF A LICENSE, ALONE, BY THE DIVISION OF PROFESSIONAL AND OCCUPATIONAL LICENSING OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION DOES NOT CREATE A COMMON LAW DUTY OF DUE CARE FOR THE LICENSE HOLDER, AND TO PROVIDE THAT THE LICENSE HOLDER CANNOT BE HELD PERSONALLY LIABLE IN TORT SOLELY BY REASON OF BEING A LICENSE HOLDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 40 is amended by adding:
"Section 40-1-43. The issuance of a license, alone, to an individual by the Division of Professional and Occupational Licensing, Department of Labor, Licensing, and Regulation, does not create a common law duty of due care for the license holder, even if the license holder is a 'resident licensee' as defined by Section 40-59-400. As such, the license holder cannot be held personally liable in tort solely by reason of being the holder of the license. However, this section shall not be construed to prevent a license holder from assuming a duty of due care through other means recognized by common law."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on May 2, 2012 at 10:23 AM