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S 0087 - Increases the caps under the Tort Claim Act

Tracking Level: Priority
Sponsor: Gerald Malloy (D)
Last Action: 3/27/2024 - Senate - Committee report: Favorable with amendment Judiciary
Senate Committee: Judy
Assigned To:
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Tort ReformNext Bill

Staff Analysis of the Legislation

03.26.2024 The Senate Judiciary Committee gave this bill a favorable report.
04.11.2023 A Senate Judiciary subcommittee carried this bill over.
03.29.2023 A Senate Judiciary subcommittee carried this bill over.
Summary of the bill as introduced: Increases the caps under the Tort Claims Act from $300,000 to $500,000 per person and from $600,000 to $1 million per occurrence.

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Session 125 - (2023-2024)Printer Friendly
(pdf format)
S 0087 General Bill, By Malloy
Summary: Liability limitations
    A BILL TO AMEND SECTION 15-78-120 OF THE SOUTH CAROLINA CODE OF LAWS, RELATING TO LIMITATIONS ON LIABILITY, SO AS TO INCREASE THE LIMITS FROM A LOSS TO ONE PERSON ARISING FROM A SINGLE OCCURRENCE FROM THREE HUNDRED THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS, TO INCREASE THE TOTAL LIMITS FROM A LOSS ARISING OUT OF A SINGLE OCCURRENCE FROM SIX HUNDRED THOUSAND DOLLARS TO ONE MILLION DOLLARS, AND TO PROVIDE THAT A PARTY WHO FILES AN OFFER OF JUDGMENT THAT IS NOT ACCEPTED, SHALL BE ALLOWED TO RECOVER FROM THE OFFEREE, AS PROVIDED FOR IN SECTION 15-35-400(B), REGARDLESS OF WHETHER THE TOTAL OF ADMINISTRATIVE, FILING, OR OTHER COURT COSTS, AND EIGHT PERCENT INTEREST ON THE AMOUNT OF THE VERDICT OR AWARD FROM THE DATE OF THE OFFER, COMBINED WITH THE VERDICT OR AWARD, EXCEEDS THE LIABILITY LIMITS SPECIFIED IN THIS SECTION.
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11/30/22Senate Prefiled
11/30/22Senate Referred to Committee on Judiciary
01/10/23Senate Introduced and read first time (Senate Journal-page 54)
01/10/23Senate Referred to Committee on Judiciary (Senate Journal-page 54)
03/14/23Senate Referred to Subcommittee: Malloy (ch), Hutto, Campsen, Matthews, Talley, Garrett, M.Johnson
07/27/23 Scrivener's error corrected
03/27/24Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 9)



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