South Carolina General Assembly
119th Session, 2011-2012

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Bill 3699


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 CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "TRANSPARENCY IN LAWSUITS PROTECTION ACT" BY ADDING SECTION 15-1-20 SO AS TO PROHIBIT PRIVATE RIGHTS OF ACTION ARISING FROM ANY ACT UNLESS THE RIGHT IS EXPRESSLY PROVIDED IN THE ACT AND TO PROVIDE EXCEPTIONS.

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

SECTION    1.    This act may be cited as the "Transparency in Lawsuits Protection Act".

SECTION    2.    Chapter 1, Title 15 of the 1976 Code is amended by adding:

"Section 15-1-20.    A private right of action does not arise from any Act enacted after the effective date of this section unless the right is expressly provided in the act. The provisions of this section may not be construed to prevent the breach of any duty imposed by law to be used as the basis for a cause of action under any theory of recovery otherwise recognized by law including, but not limited to, theories of recovery pursuant to the law of torts or contracts or for breach of legal or private duties as otherwise provided by law."

SECTION    3.    This act takes effect upon approval by the Governor.

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This web page was last updated on February 17, 2011 at 10:28 AM