South Carolina General Assembly
119th Session, 2011-2012

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Bill 1467

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

COMMITTEE REPORT

April 25, 2012

S. 1467

Introduced by Senators Hutto, Campbell, Campsen and L. Martin

S. Printed 4/25/12--S.

Read the first time April 19, 2012.

            

THE COMMITTEE ON JUDICIARY

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

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

VINCENT A. SHEHENN for Committee.

            

A BILL

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.

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