A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 15-38-15, RELATING TO LIABILITY OF TORTFEASORS, SO AS TO REMOVE THE PROVISION THAT EXCLUDED CAUSES OF ACTION INVOLVING ASBESTOS FROM THE LIST OF NONDEFENDANT TORTFEASORS WHO SHALL NOT BE ADDED TO VERDICT FORMS.

 

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

 

SECTION 1.  Section 15-38-15(H) of the S.C. Code is amended to read:

 

    (H) A nondefendant tortfeasor shall not be added to the verdict form if:

       (1) the nondefendant tortfeasor is immune from liability or prohibited from suit under statute or common law or otherwise not subject to suit in this action, not including settled or released tortfeasors who were or could have been parties in the civil action;

       (2) the nondefendant tortfeasor's conduct is wilful, wanton, reckless, or intentional;

       (3) the defendant's liability is imputed to or based upon fault of the tortfeasor;

       (4) the causes of action involve strict liability; or

       (5) the causes of action involve asbestos;  or

       (6)(5) an action is commenced by the State, a state agency, municipality, county, local government, regional public authority, special purpose district, public utility, or any other governmental entity or political subdivision including, but not limited to, claims seeking recovery of public funds, remediation costs, or other damages arising from acts or omissions of third parties that result in harm to public health, safety, infrastructure, or the environment, other than claims involving per- and polyfluoroalkyl substances.

 

SECTION 2.  This act takes effect upon approval by the Governor.

----XX----