South Carolina General Assembly
120th Session, 2013-2014

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Indicates Matter Stricken
Indicates New Matter

S. 181

STATUS INFORMATION

General Bill
Sponsors: Senators Hutto and Campsen
Document Path: l:\s-jud\bills\hutto\jud0035.ba.docx

Introduced in the Senate on January 8, 2013
Currently residing in the Senate Committee on Labor, Commerce and Industry

Summary: Issuance of licensure by LLR

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    1/8/2013  Senate  Introduced and read first time (Senate Journal-page 113)
    1/8/2013  Senate  Referred to Committee on Labor, Commerce and Industry 
                        (Senate Journal-page 113)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/8/2013

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

A BILL

TO AMEND ARTICLE 1, CHAPTER 1, TITLE 40, 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 of the 1976 Code 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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This web page was last updated on Thursday, February 28, 2013 at 3:50 P.M.