South Carolina General Assembly
119th Session, 2011-2012

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Indicates New Matter

S. 1467

STATUS INFORMATION

General Bill
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

4/19/2012
4/25/2012

(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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