South CarolinaH 3430126th General Assembly (2025-2026)HouseWALLET

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 15-38-15, RELATING TO JOINT AND SEVERAL LIABILITY AND THE APPORTIONMENT OF PERCENTAGES OF FAULT AND ALCOHOLIC BEVERAGE OR DRUG EXCEPTIONS, AMONG OTHER THINGS, SO AS TO FURTHER MODIFY PROVISIONS RELATING TO JOINT AND SEVERAL LIABILITY, TO REMOVE THE EXCEPTION TO THE PROVISIONS OF THE SECTION APPLYING TO THE USE, SALE, OR POSSESSION OF ALCOHOL, TO PROVIDE PROCEDURES FOR THE INCLUSION OF ADDITIONAL TORTFEASORS IN A CAUSE OF ACTION AND FOR THE TRIER OF FACT TO ALLOCATE FAULT TO ADDITIONAL TORTFEASORS, AND TO PROVIDE CIRCUMSTANCES UNDER WHICH ADDITIONAL NONDEFENDANT TORTFEASORS SHALL BE ADDED TO A VERDICT FORM AND CIRCUMSTANCES UNDER WHICH THEY SHALL NOT BE ADDED; BY AMENDING SECTION 61-6-2220, RELATING TO ALCOHOL SALES, SO AS TO PROHIBIT A PERSON FROM KNOWINGLY SELLING ALCOHOL TO AN INTOXICATED PERSON; BY ADDING CHAPTER 3 TO TITLE 61 SO AS TO ESTABLISH AN ALCOHOL SERVER TRAINING REQUIREMENT; BY AMENDING SECTION 61-2-60, RELATING TO REGULATIONS OF THE DEPARTMENT OF REVENUE, SO AS TO AUTHORIZE REGULATIONS FOR THE ALCOHOL SERVER TRAINING REQUIREMENTS; BY AMENDING SECTION 61-4-580, RELATING TO PROHIBITED ACTS BY HOLDERS OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 61-4-523 SO AS TO PROVIDE PROCEDURES FOR THE SALE OF BEER AND WINE AT COLLEGIATE SPORTING EVENTS UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 38-73-550 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO MAKE CERTAIN REPORTS REGARDING LIQUOR LIABILITY COVERAGE IN THIS STATE; BY AMENDING SECTION 38-90-20, RELATING TO LICENSING, REQUIRED INFORMATION AND DOCUMENTATION, FEES, AND RENEWAL, SO AS TO INCLUDE LIQUOR LIABILITY INSURANCE; BY AMENDING SECTION 61-2-145, RELATING TO THE REQUIREMENT OF LIABILITY INSURANCE COVERAGE, SO AS TO PROVIDE FOR LIQUOR LIABILITY RISK MITIGATION; AND BY ADDING SECTION 61-2-147 SO AS TO PROVIDE THAT TORTFEASORS CHARGED WITH CERTAIN DRIVING UNDER THE INFLUENCE OFFENSES SHALL APPEAR ON THE JURY VERDICT FORM UPON MOTION OF THE DEFENDANT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE IF A VERDICT IS RENDERED AGAINST BOTH A LICENSEE AND A DEFENDANT CHARGED WITH CERTAIN DRIVING UNDER THE INFLUENCE OFFENSES THAT THE LICENSEE IS JOINTLY AND SEVERALLY LIABLE FOR FIFTY PERCENT OF THE PLAINTIFF'S ACTUAL DAMAGES.

Sponsored By: Brandon Newton (Republican)

Signed by Governor

Summary

Tort Reform and Liquor Liability

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 1 costs, 4 mixed.

New fault-sharing rules in lawsuits

If a defendant is found less than 50% at fault, they pay only their share of the damages. Those who act willfully, recklessly, intentionally, or with illegal drugs remain fully liable for all damages. Courts can assign fault to people not in the case if they are named within 180 days, with listed exceptions like immune or intentional actors. For cases after January 1, 2026, a defendant can add a DUI‑charged person to the verdict form; if both a licensee and that DUI defendant are found liable, the licensee is on the hook for 50% of the plaintiff’s actual damages.

New liquor liability insurance rules

Beginning January 1, 2026, on-premises sellers open after 5:00 p.m. must keep liquor liability coverage with at least a $1,000,000 annual aggregate and per-incident limits at least 50% of the aggregate. The Department can suspend or revoke licenses for lapses, and insurers must tell the state within 30 days if a policy ends. A risk program lets you cut the required aggregate, such as $250,000 off if you stop serving by midnight, and $100,000 off for each of: trained staff within 60 days, alcohol under 40% of sales, and using a forensic digital ID system (floor is $300,000). Nonprofits or single‑event permits can cut $500,000; late‑night sellers (12–4 a.m.) must use a forensic ID system. Insurers offer reasonable premium discounts, and captive insurers may sell this coverage but cannot use eroding limits that shrink with defense costs.

Tougher penalties for illegal alcohol sales

It is illegal to knowingly sell liquor to an intoxicated person. For beer and wine permit violations, a first offense brings a $2,500 fine. A second offense within two years can suspend the license up to 14 days, and a third within three years can revoke it. These penalties are on top of any civil lawsuits.

Stricter rules for college game sales

Beer and wine sales at college sports venues are banned unless the permit holder meets safety steps. Staff must have approved server training, run random checks, use approved ID tech, stop sales in student-section areas, and refuse vertical IDs. The Department can lower penalties if you acted in good faith and used the safety steps. The Department must also build a special fee and penalty plan for these venues by August 31, 2025, based on venue size, locations, sales, staffing, and event frequency.

Mandatory server training and certificates

Alcohol servers and managers must finish approved training and hold a certificate. New hires without a certificate must be trained within 30 days, and servers must not be impaired while serving. Courses are online, at least four hours, in English and Spanish, with a test; providers can charge up to $50 and must report completions within 10 business days and keep records five years. Certificates are free to issue or renew, last three years, and you must apply within six months of finishing the course; temporary certificates may last up to 30 days. Employers must keep copies on-site and may require employees who leave within six months to repay training costs; the Department can set detailed rules.

Sponsors & Cosponsors

Sponsor

  • Brandon Newton

    Republican • House

Cosponsors

  • Nathan Ballentine

    Republican • House

  • Bruce W. Bannister

    Republican • House

  • Jeff Bradley

    Republican • House

  • Gary S. Brewer, Jr.

    Republican • House

  • T. Case Brittain, Jr.

    Republican • House

  • Cody T. Mitchell

    Republican • House

  • Micajah P. "Micah" Caskey IV

    Republican • House

  • Donald G. "Don" Chapman

    Republican • House

  • Neal A. Collins

    Republican • House

  • Heather Ammons Crawford

    Republican • House

  • Shannon S. Erickson

    Republican • House

  • Cally R. "Cal" Forrest, Jr.

    Republican • House

  • Craig A. Gagnon

    Republican • House

  • Gil Gatch

    Republican • House

  • Leon D. "Doug" Gilliam

    Republican • House

  • Thomas Duval "Val" Guest, Jr.

    Republican • House

  • William "Bill" Hager

    Republican • House

  • Kevin Hardee

    Republican • House

  • Charles V. Hartz

    Republican • House

  • Lee Hewitt

    Republican • House

  • David R. Hiott

    Republican • House

  • William M. "Bill" Hixon

    Republican • House

  • Wallace H. "Jay" Jordan, Jr.

    Republican • House

  • Kathy Landing

    Republican • House

  • M. Brian Lawson

    Republican • House

  • Thomas R. "Randy" Ligon

    Republican • House

  • Steven Wayne Long

    Republican • House

  • Marvin "Mark" Smith

    Republican • House

  • David Martin

    Republican • House

  • Timothy A. "Tim" McGinnis

    Republican • House

  • Murphy

    Affiliation unavailable

  • Mike M. Neese

    Republican • House

  • Melissa Lackey Oremus

    Republican • House

  • Fawn M. Pedalino

    Republican • House

  • Thomas E. "Tommy" Pope

    Republican • House

  • Luke S. Rankin

    Republican • House

  • Robby Robbins

    Republican • House

  • Richard Blake Sanders

    Republican • House

  • Carla M. Schuessler

    Republican • House

  • Heath Sessions

    Republican • House

  • Bill Taylor

    Republican • House

  • James E. Teeple

    Republican • House

  • David Vaughan

    Republican • House

  • Wm. Weston J. Newton

    Republican • House

  • William R. "Bill" Whitmire

    Republican • House

  • Paul B. Wickensimer

    Republican • House

  • Mark N. Willis

    Republican • House

  • Richard L. "Richie" Yow

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 191 • No: 1

Senate vote • 5/7/2025

(Tort Reform and Liquor Liability)to concur

Yes: 41 • No: 1 • Other: 1

Senate vote • 4/1/2025

(Tort Reform and Liquor Liability)2nd Reading

Yes: 45 • No: 0

House vote • 2/19/2025

(Tort Reform and Liquor Liability)Passage of Bill

Yes: 105 • No: 0

Actions Timeline

  1. Act No. 42

    5/19/2025legislature
  2. Effective date See Act for Effective Date

    5/19/2025legislature
  3. Signed By Governor

    5/12/2025Governor
  4. Ratified R 61

    5/8/2025legislature
  5. Roll call Ayes-41 Nays-1

    5/7/2025Senate
  6. Concurred in House amendment and enrolled

    5/7/2025Senate
  7. Returned to Senate with amendments

    5/6/2025House
  8. Senate amendment amended

    5/6/2025House
  9. Debate adjourned

    5/1/2025House
  10. Debate adjourned

    4/30/2025House
  11. Amended

    4/30/2025House
  12. Debate adjourned

    4/24/2025House
  13. Debate adjourned until Thur., 4-24-25

    4/23/2025House
  14. Debate adjourned

    4/10/2025House
  15. Debate adjourned until Thur., 4-10-25

    4/9/2025House
  16. Scrivener's error corrected

    4/3/2025legislature
  17. Scrivener's error corrected

    4/3/2025legislature
  18. Read third time and returned to House with amendments

    4/2/2025Senate
  19. Roll call Ayes-45 Nays-0

    4/1/2025Senate
  20. Read second time

    4/1/2025Senate
  21. Committee Amendment Adopted

    4/1/2025Senate
  22. Committee report: Favorable with amendment Finance

    3/26/2025Senate
  23. Referred to Committee on Finance

    2/26/2025Senate
  24. Introduced and read first time

    2/26/2025Senate
  25. Read third time and sent to Senate

    2/20/2025House

Bill Text

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