Bill H. 3849 proposes comprehensive amendments to the South Carolina Code of Laws, focusing on tort reform and the regulation of alcohol sales. It modifies Section 15-38-15 to require juries or courts to assess the percentage of fault among claimants, defendants, and nonparties in personal injury cases, while repealing Sections 15-38-20, 15-38-30, and 15-38-40, which pertain to the right of contribution and pro rata liability factors. The bill also introduces provisions that prevent individuals from recovering damages if they knowingly rode as a passenger in a vehicle operated by a visibly intoxicated driver and mandates that judgments against alcohol licensees be forwarded to the Department of Revenue.

Additionally, the bill establishes a new chapter on Alcohol Server Training, requiring servers and managers to complete training and obtain certification, with specific timelines for training and compliance. It outlines the approval process for training programs and mandates that alcohol server certificates be maintained on-site. The bill also amends existing regulations to enhance accountability for alcohol service, including penalties for noncompliance and requirements for liquor liability insurance for establishments selling alcohol after 5 PM. Furthermore, it amends Chapter 59, Title 38 to clarify conditions under which bad faith claims related to liability and uninsured motorist insurance are not actionable, emphasizing the duty of good faith for insured parties and outlining the insurer's obligations in cases of competing claims.

Statutes affected:
01/30/2025: 15-38-15, 15-38-20, 15-38-30, 15-38-40, 15-3-710, 15-3-720, 15-3-730, 61-4-580, 61-4-590, 61-2-60, 61-6-2220, 38-90-20, 61-2-145, 15-3-670, 15-3-640, 56-5-6540, 15-7-65, 38-77-150, 38-77-160, 15-78-30, 15-32-220, 38-59-23
Latest Version: 15-38-15, 15-38-20, 15-38-30, 15-38-40, 15-3-710, 15-3-720, 15-3-730, 61-4-580, 61-4-590, 61-2-60, 61-6-2220, 38-90-20, 61-2-145, 15-3-670, 15-3-640, 56-5-6540, 15-7-65, 38-77-150, 38-77-160, 15-78-30, 15-32-220, 38-59-23