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Committee Report

March 27, 2024

S. 533

Introduced by Senators Alexander, Peeler, Cromer, Davis, Bennett, Grooms, Hembree, Verdin, Massey, Climer, Martin, Shealy, Turner, Kimbrell, Gambrell, Rice, Loftis, Reichenbach, Cash, Gustafson, Campsen, Corbin, Williams and Stephens

S. Printed 03/27/24--S.                                                                          [SEC 3/28/2024 3:25 PM]

Read the first time February 14, 2023

________

The committee on Senate Judiciary

To whom was referred a Bill (S. 533) to amend the South Carolina Code of Laws by amending Sections 15-38-15, 15-38-20(A), 15-38-40(B), and 15-38-50, all relating to the South Carolina Contribution Among, etc., respectfully

Report:

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

    Amend the bill, as and if amended, SECTION 1, by striking Section 15-38-15(F) and inserting:

    (F) This section does not apply to a defendant whose conduct is determined to be wilful, wanton, reckless, grossly negligent, or intentional or conduct involving the use, sale, or possession of alcohol or the illegal or illicit use, sale, or possession of drugs.

Renumber sections to conform.

Amend title to conform.

LUKE RANKIN for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill modifies the South Carolina Contribution Among Tortfeasors Act, Chapter 38 of Title 15, to permit a court to consider the percentage of fault of any nonparty or party with a settlement agreement when determining the percentage of faulty of the named parties.  Section 15-38-65 specifies that Chapter 38 of Title 15 is not applicable to governmental entities.  Therefore, this bill will have no impact for state governments.  However, SFAA noted that if the court were to change how the SC Torts Claims Act, Chapter 78 of Title 15, is interpreted due to this bill, there may be an impact in the future. 

Local Expenditure

This bill modifies the South Carolina Contribution Among Tortfeasors Act, Chapter 38 of Title 15, to permit a court to consider the percentage of fault of any nonparty or party with a settlement agreement when determining the percentage of faulty of the named parties.  Section 15-38-65 specifies that Chapter 38 of Title 15 is not applicable to governmental entities.  Therefore, this bill will have no impact for local governmental entities.  However, SFAA noted that if the court were to change how the SC Torts Claims Act, Chapter 78 of Title 15, is interpreted due to this bill, there may be an impact in the future. 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 15-38-15, 15-38-20(A), 15-38-40(B), AND 15-38-50, ALL RELATING TO THE SOUTH CAROLINA CONTRIBUTION AMONG TORTFEASORS ACT, TO INCLUDE PERSONS OR ENTITIES FOR THE PURPOSES OF ALLOCATION OF FAULT and to make CONFORMING CHANGES.

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

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

    Section 15-38-15.  (A) In an action to recover damages resulting from personal injury, wrongful death, or damage to property or to recover damages for economic loss or for noneconomic loss such as mental distress, loss of enjoyment, pain, suffering, loss of reputation, or loss of companionship resulting from tortious conduct, if indivisible damages are determined to be proximately caused by more than one defendantperson or entity, joint and several liability does not apply to any defendant whose conduct is determined to be less than fifty percent of the total fault for the indivisible damages as compared with the total of:

        (1) (i) the fault of all the defendants persons or entities, including defendants and nonparties, regardless of whether the person or entity was, or could have been, named as a party to the suit;  and

        (2)(ii) the fault (comparative negligence), if any, of plaintiff. A defendant whose conduct is determined to be less than fifty percent of the total fault shall only be liable for that percentage of the indivisible damages determined by the jury or trier of fact.

    (B) Apportionment of percentages of fault among defendants all persons or entities, including plaintiffs, defendants, and nonparties, who proximately caused the damages is to be determined as specified in subsection (C).

    (C) The jury, or the court if there is no jury, shall:

       (1) specify the amount of damages;

       (2) determine the percentage of fault, if any, of plaintiff and the amount of recoverable damages under applicable rules