The SC Legislature recently met to discuss multiple bills concerning alcohol and liability. Below is a synopsis of what we currently know.
Yesterday, the SC Senate voted to set for special order S. 533, the SC Justice Act, which will add the bill to the top of today’s calendar for discussion. According to the The Senate calendar, the next session begins at 11:00 am, today. However, according to the SC Legislature video schedule, the next meeting date is Tuesday, April 2, 2024 at 12:00 pm. We will let you know when we have new information.
S. 533 Summary:
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.
Also to be discussed by the Senate…
S. 1048 Summary:
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 15-3-710 SO AS TO PROVIDE THE BASIS FOR LIABILITY FOR A PERSON OR ESTABLISHMENT WHO ILLEGALLY FURNISHES ALCOHOL TO AN INDIVIDUAL WHO INJURES A THIRD PARTY BASED UPON WHAT THE FURNISHER KNEW OR SHOULD HAVE KNOWN UNDER THE CIRUCUMSTANCES; TO SPECIFY WHEN THE RIGHT OF ACTION IS NOT AVAILABLE; AND TO PROVIDE THE EVIDENTIARY STANDARD FOR THE VISIBLE INTOXICATION.
(Read the first time–February 14, 2024)
(Reported by Committee on Judiciary–March 27, 2024)
(Favorable with amendments)
TODAY – SC House of Representatives calendar for today includes…
H. 5066 Fair Access to Insurance Requirements Summary:
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 103 TO TITLE 38 ENTITLED THE “FAIR ACCESS TO INSURANCE REQUIREMENTS” SO AS TO PROVIDE AN AFFORDABLE OPTION TO PROVIDE LIQUOR LIABILITY INSURANCE TO ANY PERSON OR BUSINESS REQUIRED TO MAINTAIN SUCH A POLICY, TO CREATE THE AFFORDABLE LIQUOR LIABILITY FUND
Yesterday, Wednesday, March 27, 2024, the Senate Judiciary Subcommittee voted to pass favorably the bills below. They will now move to the full Senate for discussion.
H. 4364 – Alcohol delivery and curbside pickup Summary:
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 61-2-170, RELATING TO DRIVE-THROUGH OR CURBSIDE SERVICE OF ALCOHOLIC BEVERAGES, SO AS TO PROVIDE CERTAIN EXCEPTIONS; BY ADDING SECTION 61-4-45 SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE CERTAIN LICENSES OR PERMITS ALLOWING A RETAILER TO OFFER CERTAIN CURBSIDE DELIVERY OR PICK UP; BY ADDING SECTION 61-4-280 SO AS TO PROVIDE THAT A RETAIL DEALER MAY HIRE A DELIVERY SERVICE TO DELIVER CERTAIN BEER AND WINE AND TO PROVIDE FOR REQUIREMENTS; BY ADDING SECTION 61-6-1570 SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE CERTAIN LICENSES OR PERMITS ALLOWING A RETAILER TO OFFER CERTAIN CURBSIDE DELIVERY OR PICK UP; AND BY ADDING SECTION 61-6-1580 SO AS TO PROVIDE THAT A RETAIL DEALER MAY HIRE A DELIVERY SERVICE TO DELIVER CERTAIN ALCOHOLIC LIQUORS AND TO PROVIDE FOR REQUIREMENTS.
H. 4231- Liquor Sales Summary:
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 61-6-1155, RELATING TO MICRO-DISTILLERIES, SO AS TO PROVIDE THAT A MICRO-DISTILLERY MAY SELL CERTAIN LIQUORS DISTILLED ON THE PREMISES ON SUNDAYS; AND BY AMENDING SECTION 61-6-4160, RELATING TO THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON CERTAIN DAYS, SO AS TO PROVIDE THAT CERTAIN LOCAL GOVERNING BODIES MAY AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS ON SUNDAYS UNDER CERTAIN CIRCUMSTANCES.
You can watch the proceedings as they happen with the links below.
SC House of Representatives: https://www.scstatehouse.gov/video/chamber.php?chamber=H&audio=0
SC Senate: Next available date is Tuesday, April 2, 2024.
https://www.scstatehouse.gov/video/chamber.php?chamber=S&audio=0
SC Venue Crisis 
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