2025-2026 Bill 4544 Text of Previous Version (Mar.(May.
24,08, 2026)2025) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 4544Indicates Matter StrickenIndicates New Matter(Text matches printed bills.
Document has been reformatted to meet World Wide Web specifications.) Indicates Matter Stricken Indicates New Matter Committee ReportA Marchbill 24, 2026TO AMEND H.THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 15-32-220, RELATING TO NONECONOMIC DAMAGES LIMIT AND EXCEPTIONS, SO AS TO PROVIDE GUIDELINES FOR INTENT TO HARM, FELONY CONVICTIONS, AND INFLUENCE OF ALCOHOL AND OTHER DRUGS;
4544 Introduced by Reps.
Jordan, W.
Newton, M.
M.
Smith, Cox and Davis S.
Printed 3/24/26--H.
Read the first time May 8, 2025 ________ The committee on House Judiciary To whom was referred a Bill (H.
4544) to amend the South Carolina Code of Laws by amending Section 15-32-220, relating to noneconomic damages limit and exceptions, so as to provide guidelines for intent, 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 15-32-220(E)(1) and (2) and inserting:
(1) The limitations for noneconomic damages rendered against any health carehealthcare provider or health carehealthcare institution do not apply if the jury or court determines by clear and convincing evidence that the defendant was grossly negligent, wilful, wanton, or reckless, and such conduct was the proximate cause of the claimant's noneconomic damages, or if the defendant has engaged in fraud or misrepresentation related to the claim, or if the defendant altered or destroyed medical records with the purpose of avoiding a claim or liability to the claimant.:
(a)(1) acted in a grossly negligent, wilful, wanton, or reckless manner;
(b)(2) has pled guilty to or been convicted of a felony arising out of the same course of conduct complained of by the plaintiff, and that the act or course of conduct is a proximate cause of the plaintiff's damages;
or (c)(3) acted or failed to act while under the influence of alcohol or drugs to the degree that his judgment was materially and appreciably impaired.;
or (4) the defendant has engaged in fraud or misrepresentation related to the claim.
(2) If the limitations for noneconomic damages are found to be inapplicable pursuant to the jury or court finding that the defendant's conduct fell within one of the exceptions herein, then the maximum limit of civil liability for the defendant, regardless of the number of claims or causes of action, shall not exceed eight times the current limitations on noneconomic damages, as adjusted pursuant to subsection (F).
Amend the bill further, SECTION 3, by striking Section 15-78-120(A)(1), (2), (3), and (4) and inserting:
(1) Except as provided in Section 15-78-120(a)(3), no person shall recover in any action or claim brought hereunder a sum exceeding three six hundred thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(2) Except as provided in Section 15-78-120(a)(4), the total sum recovered hereunder arising out of a single occurrence shall not exceed six hundredone million two hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved.
(3) No person may recover in any action or claim brought hereunder against any governmental entity and caused by the tort of any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, a sum exceeding one two million twofour hundred thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(4) The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity for any tort caused by any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, may not exceed one two million twofour hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved.
Amend the bill further, SECTION 3, by deleting Section 15-78-120(D) from the bill.
Amend the bill further, SECTION 4, by striking Section 33-56-180(A)(1), (2), and (3) and inserting:
(1) acted in a grossly negligent, reckless, wilful, or wanton grossly negligent manner,;
(2) has pled guilty to or been convicted of a felony arising out of the same act or course of conduct complained of by the plaintiff and that the act or course of conduct is a proximate cause of the plaintiff's damages;
or (3) acted or failed to act while under the influence of alcohol or drugs to the degree that his judgment was materially or appreciably impaired.;
or (4) the employee has engaged in fraud or misrepresentation related to the claim.
Amend the bill further, SECTION 4, by striking Section 33-56-180(B), (C), and (D) and inserting:
(B) and the The employee must be joined properly as a party defendant.
A judgment against an employee of a charitable organization may not be returned unless a specific finding is made that the conduct of the employee acted in a reckless, wilful, or grossly negligent manner falls within one or more of the threefour categories set forth above.
If the charitable organization for which the employee was acting cannot be determined at the time the action is instituted, the plaintiff may name as a party defendant the employee, and the entity for which the employee was acting must be added or substituted as party defendant when it reasonably can be determined.
(C) If the limitations for noneconomic damages are found to be inapplicable pursuant to the jury or court finding that the defendant's conduct fell within one of the exceptions herein, then the maximum limit of civil liability for the defendant, regardless of the number of claims or causes of action, shall not exceed eight times the current limitations on noneconomic damages, as adjusted pursuant to Section 15-32-220(F).
(B)(D) (C) If the actual damages from the injury or death giving rise to the action arose from the use or operation of a motor vehicle and exceed two hundred fifty thousand dollars, this section does not prevent the injured person from recovering benefits pursuant to Section 38-77-160 but in an amount not to exceed the limits of the uninsured or underinsured coverage.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X.
The amendment to Section 15-32-220(E) which eliminated the "gross negligence" exception to the limitation on medical malpractice damages creates consistency with the Solicitation of Charitable Funds Act damage limitation exceptions and avoids duplicative exceptions where the misconduct in question is covered by another exception.
Amend the bill further by striking SECTION 5 and inserting:
SECTION 5. This act takes effect upon approval by the Governor, and applies only to causes of action or claims arising or accruing thereafter.
Renumber sections to conform.
Amend title to conform.
W.
NEWTON for Committee.
statement of estimated fiscal impact Explanation of Fiscal Impact State Expenditure This bill modifies the situations in medical malpractice cases where the noneconomic damage caps do not apply and adds a limit of eight times the current limitations on noneconomic damages to those situations.
This bill also modifies to the definition of "occurrence" in the SCTCA, Chapter 78 of Title 15, to consider multiple acts or omissions without a break in causation are considered a single occurrence.
Additionally, RFA is required to update limitations on compensation for all claims pursuant to items (1), (2), (3), or (4) of subsection (A) in §15-78-120 at the end of each year in accordance with the change to the Consumer Price Index (CPI).
Further, this bill modifies the situations where a person may recover damages from an employee acting within the scope of their employment for a charitable organization and adds a limit of eight times the current limitations on noneconomic damages to those situations.
This bill will have no fiscal impact on RFA.
Calculating an adjustment to the limitation on compensation based on changes to CPI can be managed within the normal course of business.
This bill will have an undetermined impact on the IRF within SFAA.
The impact to the IRF will depend on courts' interpretation of the change to the definition of "occurrence," which may reduce liability by reducing the practice of stacking occurrences, and whether the language expanding the situations where damage caps are inapplicable in medical malpractice cases alters defenses, immunities, limitations of liability, or other terms under the SCTCA, which may lead to increased damages.
SFAA further anticipates this bill's impact will depend on whether the CPI adjustment to the limitation of compensation is applied to the date a loss is incurred by a plaintiff or the date damages are paid.
If this bill results in a sufficient increase in expenses, these expenses will be offset by an increase in premiums.
This bill may result in an increase in expenses for state agencies and local entities who are insured through the IRF, depending on the impact to the IRF and the need to offset expenses with an increase in insurance premiums.
State Revenue This bill may result in an increase in Other Funds revenue for the IRF, depending on the impact to the IRF and the need to offset expenses with an increase in insurance premiums.
Local Expenditure This bill modifies the situations in medical malpractice cases where the noneconomic damage caps do not apply and adds a limit of eight times the current limitations on noneconomic damages to those situations.
This bill also changes the definition of "occurrence" to consider multiple acts or omissions without a break in causation are considered a single occurrence, among other changes.
SCDE surveyed seventy-two regular school districts and three charter school districts and received responses from fifteen districts.
Seven of the responding districts indicate that the bill will have no expenditure impact.
The remaining eight districts report that the impact is currently undetermined dependent upon increases in costs associated with litigation and liability insurance. RFA also contacted all counties in the state and MASC to determine the potential local expenditure impact of this bill may have for local governments.
Responses received from the counties of Charleston and Florence indicate the local expenditure impact on these counties is expected to be minimal and managed within current resources.
MASC anticipates this bill will have no impact on municipalities.
Frank A.
Rainwater, Executive Director Revenue and Fiscal Affairs Office _______ A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 15-32-220, RELATING TO NONECONOMIC DAMAGES LIMIT AND EXCEPTIONS, SO AS TO PROVIDE GUIDELINES FOR INTENT TO HARM, FELONY CONVICTIONS, AND INFLUENCE OF ALCOHOL AND OTHER DRUGS;
SECTION 2. Section 15-78-30(g) of the S.C.
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