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View Amendment Current Amendment: 7A to Bill 244

Senator Johnson proposes the following amendment (SJ-244.MB0014S):

Amend the bill, as and if amended, SECTION 2.A., by striking Section 15-3-710(A)(2) and (3) and inserting:

(2) "Licensee" means any person or entity licensed to sell alcohol for on-premises consumption by the State of South Carolina or any agency or department thereof. The term "licensee" includes any owner, partner, manager, agent, employee, or other person or entity engaged in a single business enterprise with another licensee or permittee or one for whose conduct a licensee or permittee may be vicariously liable.
(3) "Visibly intoxicated" means an individual who displayed visible signs and symptoms of intoxication that would have been obvious to a reasonable person.trained alcohol server under the circumstances.
(4) A "trained alcohol server" means an alcohol server who has completed the training required by Chapter 3 of Title 61.

Amend the bill further, SECTION 2.A., by striking Section 15-3-710(B), (C), (D), and (E) and inserting:

(B) Except as provided in this section, a licensee is not liable in a civil action arising out of the sale, service, or furnishing of alcohol.A licensee that knowingly sells, serves, or otherwise furnishes alcohol to an individual is civilly liable to a third party for damages arising out of the sale of alcohol to that individual if the sale of the alcohol was a proximate cause of bodily injury, death, or property damage to the third party and if:
(1) the individual was visibly intoxicated at the time the alcohol was sold by the licensee; or
(2) at the time the alcohol was sold, the licensee knew or should have known that the individual would become intoxicated based on factors that would be obvious to a reasonable person including, but not limited to, the licensee's knowledge of the number of alcoholic beverages served to the individual while on the licensee's premises.
(C) A licensee that knowingly sells, serves, or furnishes alcohol to an individual under the age of twenty-one years old is civilly liable to that individual for damages arising out of the sale of alcohol to that individual if the sale of the alcohol was a proximate cause of bodily injury, death, or property damage to the individual and if:A person other than the intoxicated individual, who has suffered bodily injury, death, or property damage caused by the acts or omissions of the intoxicated individual possesses a civil cause of action against a licensee if the person shows, by the preponderance of the evidence that the licensee:
(1) the individual was visibly intoxicated at the time the alcohol was sold by the licensee; orknowingly sold, served, or directly furnished alcohol to an individual who was visibly intoxicated; or
(2) at the time the alcohol was sold, served, or directly furnished, the licensee knew or should have known that the individual would become intoxicated based on factors that would be obvious to a reasonable person including, but not limited to, the licensee's knowledge of the number of alcoholic beverages served to the individual while on the licensee's premises.
(D) For a licensee to be liable under subsection (C), the licensee's sale, service, or direct furnishing of alcohol to the intoxicated individual must be a proximate cause of the person's bodily injury, death, or property damage
(E) A person who was nineteen years of age or older at the time of the sale, service, or direct furnishing of alcohol by a licensee does not possess a civil cause of action against a licensee for the sale, service, or furnishing of alcohol if:
(1) at the time the person suffered bodily injury or death, the person was riding as a passenger in a motor vehicle operated by an intoxicated individual and had knowledge of the operator's intoxication; or
(2) at the time the person suffered property damage, the person had placed the damaged property in the possession, custody, or control of the intoxicated individual with knowledge of either:
(a) the individual's intoxication;
(b) the individual's addiction to intoxication; or
(c) the individual's habit of becoming intoxicated and the individual's propensity to operate a motor vehicle while intoxicated.
(F) A person who was under the age of nineteen years at the time of the sale, service, or direct furnishing of alcohol by a licensee possesses a civil cause of action against the licensee if that person shows, by the preponderance of the evidence, that:
(1) the licensee knowingly sold, served, or directly furnished alcohol to the person under the age of nineteen; and
(2) the licensee's sale, service, or direct furnishing of alcohol to the person under the age of nineteen was a proximate cause of the person's bodily injury, death, or property damage.
(G) A licensee who affirmatively proves a forensic digital identification system approved by the South Carolina Law Enforcement Division was used to confirm the validity of the person's identification has not knowingly sold, served, or directly furnished alcohol to that person for the purposes of subsection (F).
(H) Upon the death of any party, the action or right of action authorized by this section will survive to or against the party's personal representative.
(E)(I) No A licensee is not chargeable with knowledge of acts by which a person becomes intoxicated at other locations unknown to the licensee.
(J) If an attorney initiates or maintains a civil actions against a Licensee under this section when a reasonable attorney in the same circumstances would not conclude that under the facts, the civil action against the Licensee was justifiably initiated or maintained under this section, then the court shall award that Licensee reasonable attorneys' fees of not less than five thousand dollars and costs to be paid by that person to that Licensee upon a motion made within ten days following the conclusion of a trial and after a verdict has been rendered, or a case has been dismissed by summary judgment, direct verdict, or judgment notwithstanding the verdict.

Amend the bill further, SECTION 2.A., by deleting Section 15-3-720 and 15-3-730 from the bill.

Amend the bill further, SECTION 2.B., by striking Section 61-4-580(B) and inserting:

(B) In addition to civil liability as provided by law, including as provided in Section 15-3-710, a violation of any provision of this section is a ground for the revocation or suspension of the holder's permit. A permittee or licensee who violates any provision of this section:
(1) for a first offense, shall be fined two thousand five hundred dollars by the department;
(2) for a second offense within two years of the first offense, shall have its alcohol license or permit suspended for up to fourteen days as determined by the department; and
(3) for a third offense within three years of the first offense, shall have its alcohol license or permit revoked.

Amend the bill further, by deleting SECTION 2.C from the bill.

Amend the bill further, SECTION 3.A., by striking Section 61-3-100(9) and inserting:

(9) "Manager" means an individual permittee, an individual licensee, and any employed by a permittee or licensee who manages, directs, or controls the sale, service, transfer, or dispensing of alcoholic beverages for on-premises consumption at the permitted or licensed premises.

Amend the bill further, SECTION 3.A., by striking Section 61-3-110(A), (B), and (C) and inserting:

(A) An alcohol server or manager must complete alcohol server training and obtain an alcohol server certificate pursuant to the provisions of this chapter. If an alcohol server or manager does not have a current alcohol server certificate at the time of employment in that capacity, then the licensee or permittee must provide alcohol server training within one-hundred-twentythirty calendar days of employment. An alcohol server shall not be mentally or physically impaired or intoxicated by alcohol, drugs, or controlled substances while serving alcohol on behalf of the licensee.
(B) A permittee or licensee shall maintain at all times on its permitted or licensed premises physical or electronic copies of the alcohol server certificates for the permittee or licensee,its managers, and alcohol servers for the duration of employment. Copies of the alcohol server certificate must be made available, upon request, to the department, the division, or the agents and employees of each. For the purposes of enforcement of the provisions of this chapter,:
(1) a permittee or licensee must also make available to the department or the division, when requested, the hire date of ana manager or alcohol server began employment in the capacity: and
(2) a permittee or licensee shall be excused for the failure to produce the alcohol server certificate if that failure is due to a provider's failure to report the successful completion of training and testing or the department's failure to issue a certificate to an applicable who has met the requirements of Section 61-3-130.
(C) Failure to produce a copy of an alcohol server certificate when an alcohol server has been employed for one-hundred-twenty calendar days subjects the permittee or licensee to noncompliance with Section 61-2-145(E).

Amend the bill further, SECTION 3.A., by striking Section 61-3-120(B)(9) and inserting:

(9) South Carolina law enforcement information, including, but not limited to, the most recently published official statistics on drunk driving accidents, injuries, and deaths in South Carolina; and

Amend the bill further, SECTION 3.A., by striking Section 61-3-130(D) and inserting:

(D) Alcohol server certificates are valid for a period of five three years from the date that the alcohol server certificate was issued. After the fivethree-year period, a new or recertified alcohol server certificate must be obtained pursuant to the provisions of this chapter.

Amend the bill further, SECTION 3.A., by striking Sections 61-3-140, 61-3-150, and 61-3-160 and inserting:

Section 61-3-140. As a requirement for application or renewal of a permit or license for on-premises consumption under Chapter 4, Title 61 or Chapter 6, Title 61, a permittee or licensee for on-premises consumption seeking to utilize Section 61-2-145(E) must submit to the department proof that the permittee or licensee, if applicable, and each manager and alcohol server employed by the permittee or licensee during the upcoming or prior permit or license period have or have held valid alcohol server certificates at all times that alcoholic beverages were sold, served, or dispensed.The division and the department are responsible for enforcement of the provisions of this chapter. The department is responsible for bringing administrative actions for violations of the provisions of this chapter or related regulations, and those actions shall proceed according to the provisions of Section 61-2-260 and the South Carolina Administrative Procedures Act.

Section 61-3-150. The division and the department are responsible for enforcement of the provisions of this chapter. The department is responsible for bringing administrative actions for violations of the provisions of this chapter or related regulations, and those actions shall proceed according to the provisions of Section 61-2-260 and the South Carolina Administrative Procedures Act.

Section 61-3-160. In addition to civil and criminal penalties available for violations of the provisions of Title 61, a permittee or licensee that violates the provisions of this chapter, upon a final administrative determination:
(1) for a first offense, shall have its alcohol license or permit suspended for six months; and
(2) for a second offense not related to the first offense, shall have its alcohol license or permit revoked.

Amend the bill further, by striking SECTIONS 3.D, and inserting:

D. This SECTION takes effect six nine months after the effective date of this act.

Amend the bill further, by deleting SECTION 4, and inserting:

SECTION X. Chapter 73, Title 38 of the S.C. Code is amended by adding:

Section 38-73-550. (A) Due to the mandatory requirement for commercial casualty coverage contained in Section 61-2-145, the availability of affordable commercial casualty coverage, including liquor liability coverage, is found to be essential to South Carolina's hospitality industry and South Carolina citizens.
(B) By January thirty-first of each year, the Director must prepare and submit a report to the President of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Banking and Insurance Committee, the Chairman of the House Labor, Commerce, and Industry Committee, the Chairman of the Senate Judiciary Committee, and the Chairman of the House Judiciary Committee, regarding the status of commercial general liability and liquor liability markets, including the insurance industry's participation and profitability in the commercial general liability market and the liquor liability sub-line of that market. The report shall be posted in an electronic format on the Department's website within five days of its submission. The report shall include, but not be limited to the following:
(1) the number of policies written in South Carolina that provide coverage by insurers for liquor liability in South Carolina, whether as a stand-alone product or as another commercial liability insurance product;
(2) the volume of earned premiums associated with the coverage provided by the insurers for liquor liability in South Carolina and written in South Carolina;
(3) the number of claims closed with payments and the volume of those payments associated with liquor liability coverage written in South Carolina;
(4) the number of claims open and the volume of actual reserves on those claims associated with liquor liability coverage written in South Carolina;
(5) the volume of reserves for incurred but not reported claims associated with liquor liability coverage;
(6) the sum of subrogation and salvage associated with liquor liability coverage written in South Carolina;
(7) the volume of combined losses as a percentage of premiums associated with liquor liability coverage written in South Carolina and the methodology of its determination;
(8) the amount of profit as a percentage of premiums associated with liquor liability coverage written in South Carolina and the methodology of its determination;
(9) the number of insurers participating in commercial general liability market and the liquor liability sub-line of that market;
(10) the Director's conclusions as to the availability of commercial general liability and liquor liability coverage and the trends in changes in the rates for that coverage; and
(11) the Director's recommendations to continue to improve the availability of insurance coverage as mandated in Section 61-2-145 and the rates associated with that coverage.

Amend the bill further, by deleting SECTION 5, and inserting:

SECTION X.A. Section 61-2-145 of the S.C. Code is amended to read:

Section 61-2-145. (A) In addition to all other requirements, a person licensed or permitted to sell alcoholic beverages for on-premises consumption, which remains open after five o'clock p.m. to sell alcoholic beverages for on-premises consumption, except for a 501(c) nonprofit corporation is required to maintain a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement for a total coverage of at least one millionfive hundred thousand dollars during the period of the biennial permit or license. A 501(c) nonprofit corporation licensed or permitted to sell alcoholic beverages for on-premises consumption, which remains open after five o'clock p.m. to sell alcoholic beverages for on-premises consumption, is required to maintain a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement for a total coverage of at least three hundred thousand dollars during the period of the biennial permit or license. Failure to maintain this coverage constitutes grounds for suspension or revocation of the permit or license.
(B) The department shall add this requirement to all applications and renewals for biennial permits or licenses to sell alcoholic beverages for on-premises consumption, in which the permittees and licensees remain open and sell alcoholic beverages for on-premises consumption after five o'clock p.m. Each applicant or person renewing its license or permit, to whom this requirement applies, shall provide the department with documentation of a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement in the required amounts.
(C) Each insurer writing liquor liability insurance policies or general liability insurance policies with a liquor liability endorsement to a person licensed or permitted to sell alcoholic beverages for on-premises consumption, in which the person so licensed or permitted remains open to sell alcoholic beverages for on-premises consumption after five o'clock p.m., must notify the department in a manner prescribed by department regulation of the lapse or termination of the liquor liability insurance policy or the general liability insurance policy with a liquor liability endorsement.
(D) For the purposes of this section, the term "alcoholic beverages" means beer, wine, alcoholic liquors, and alcoholic liquor by the drink as defined in Chapter 4, Title 61, and Chapter 6, Title 61.
(E) Permittees and licensees selling alcoholic beverages at any time between the hours of 12:00 a.m. and 4:00 a.m. shall use a forensic digital identification system that validates the identification of any person attempting to enter the premises as a patron.

B. This SECTION takes effect on July 1, 2026, and applies to all policies issues on and after that date.

Amend the bill further, by deleting SECTION 6 from the bill.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 15-7-30(A)(9) of the S.C. Code is amended to read:

(9) "Nonresident individual" means a person who is not domiciled in this State, John Doe, or an unknown defendant, as provided in Section 38-37-180.

Amend the bill further, SECTION 7, by striking Section 56-5-6540(C) and inserting:

(C) A violation of this article is not negligence per se or contributory negligence, and is not admissible as evidence of comparative negligence in a civil action if the violation is a proximate cause of the claimed damages.

Amend the bill further, by deleting SECTION 8 from the bill.

Amend the bill further, SECTION 9, by striking Section 38-77-150(A) and inserting:

(A) No automobile insurance policy or contract may be issued or delivered unless it contains a provision by endorsement or otherwise, herein referred to as the uninsured motorist provision, undertaking to pay the insured all sums which he is legally entitled to recover as compensatory damages from the owner or operator of an uninsured motor vehicle, within limits which may be no less than the requirements of Section 38-77-140. The uninsured motorist provision is not required to include coverage for punitive or exemplary damages. The uninsured motorist provision also must provide for no less than twenty-five thousand dollars' coverage for injury to or destruction of the property of the insured in any one accident but may provide an exclusion of the first two hundred dollars of the loss or damage. The director or his designee may prescribe the form to be used in providing uninsured motorist coverage and when prescribed and promulgated no other form may be used.

Amend the bill further, SECTION 10, Section 38-77-160, by striking the first undesignated paragraph and inserting:

Automobile insurance carriers shall offer, at the option of the insured, uninsured motorist coverage up to the limits of the insured's liability coverage in addition to the mandatory coverage prescribed by Section 38-77-150. In the offer of uninsured motorist coverage, the automobile insurance carriers shall offer the insured the option to include coverage for punitive or exemplary damages. Such carriers shall also offer, at the option of the insured, underinsured motorist coverage up to the limits of the insured liability coverage to provide coverage in the event that compensatory damages are sustained in excess of the liability limits carried by an at-fault insured or underinsured motorist or in excess of any damages cap or limitation imposed by statute. In the mandatory offer of underinsured motorists coverage, automobile insurance carriers are not required to include coverage for punitive or exemplary damages.The underinsured motorist coverage is not required to include coverage for punitive or exemplary damages. However, in the mandatory offer of underinsured motorists coverage, automobile insurance carriers shall offer the insured the option to include coverage for punitive or exemplary damages but are not required to include coverage for punitive or exemplary damages. If, however, an insured or named insured is protected by uninsured or underinsured motorist coverage in excess of the basic limits, the policy shall provide that the insured or named insured is protected only to the extent of the coverage he has on the vehicle involved in the accident. If none of the insured's or named insured's vehicles is involved in the accident, coverage is available only to the extent of coverage on any one of the vehicles with the excess or underinsured coverage. Benefits paid pursuant to this section are not subject to subrogation and assignment.

Amend the bill further, SECTION 11, by striking Section 15-78-30(g) and inserting:

(g) "Occurrence" means an unfolding sequence of events which proximately flow from a single act of negligence. For purposes of medical malpractice claims, "occurrence" means an unfolding sequence of events which proximately flow from a single act of negligence including continuous or repeated exposure to substantially the same harmful conditions. For purposes of this section, multiple events acts of negligence occurring without a break in the causal chain that result in substantially the same damages shall be considered one occurrence.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Section 15-78-120 of the S.C. Code is amended to read:

Section 15-78-120. (a) For any action or claim for damages brought under the provisions of this chapter, the liability shall not exceed the following limits:
(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 threefive 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 hundred thousandone million 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 million two hundred thousandtwo million 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 million two hundred thousandtwo million dollars regardless of the number of agencies or political subdivisions or claims or actions involved.
(5) The provisions of Section 15-78-120(a)(3) and (a)(4) shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State.
(b) No award for damages under this chapter shall include punitive or exemplary damages or interest prior to judgment.
(c) In any claim, action, or proceeding to enforce a provision of this chapter, the signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well-grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee.
(d) At the end of each calendar year, the Revenue and Fiscal Affairs Office, Board of Economic Advisors must determine the increase or decrease in the ratio of the Consumer Price Index to the index as of December 31 of the previous year, and the limitation on compensation for all claims pursuant to subsections (1), (2), (3), or (4) must be increased or decreased accordingly. As soon as practicable after this adjustment is calculated, the Director of the Revenue and Fiscal Affairs Office shall submit the revised limitation on compensation to the State Register for publication pursuant to Section 1-23-40(2) and the revised limitation becomes effective upon publication in the State Register. For purposes of this subsection "Consumer Price Index" means the Consumer Price Index for All Urban Consumers as published by the United States Department of Labor, Bureau of Labor Statistics.

Amend the bill further, SECTION 12, by striking Section 15-32-220(E)(1), (2), and (3) and inserting:

(E)(1) The limitations for noneconomic damages rendered against any health care healthcare provider or health care healthcare institution do not apply if the jury or court determines 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.:
(1)(a) had an intent to harm and did in fact harm the claimant acted in a wilful, wanton, or reckless manner;
(2)(b) 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)(c) acted or failed to act while under the influence of alcohol, or drugs that are not otherwise lawfully prescribed and administered in accordance with a valid prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to the degree that his judgment was materially and appreciably impaired
(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 ten times the current limitation on noneconomic damages, as adjusted pursuant to (F).

Amend the bill further by striking SECTION 13 and inserting:

Section 38-59-23. (A) An action for bad faith involving a liability, underinsured motorists, or an uninsured motorists insurance claim, including any such action brought under the common law, is not actionable if:

(1),in response to a demand for the policy limits made by the claimant prior to suit being filed on the underlying tort claim, the insurer tenders the policy limits within ninetythirty days after receiving actual notice of a claim that is accompanied by sufficient evidence to support liability and the amount of the claim; or.

(2) in response to a demand for the policy limits made by the claimant after suit has been filed on the underlying tort claim, the insurer tenders the policy limits by the later of:

(a) ten months after the suit was filed, or

(b) thirty days after receiving actual notice of the demand for the policy limits.

(B) If suit is filed on the underlying tort claim less than ninety days after the insurer receives a demand for policy limits, the time period for review and payment provided in (A)(2) applies rather than the time limit provided in (A)(1).

(C)(B)(1) In any bad faith action against an insurer, whether such action is brought under this section or is based on the common law remedy for bad faith, mere negligence or a verdict in excess of the policy limits on the underlying tort claim, by itself, is insufficient to constitute bad faith.

(2) In any action for bad faith against an insurer, the trier of fact may consider whether the insured, claimant, or representative of the insured or claimant did not act in good faith, in which case the trier of fact may reasonably reduce the amount of damages awarded against the insurer.

(D)(C) The insured, claimant, and representative of the insured or claimant have a duty to act in good faith in furnishing information regarding the claim, in making demands of the insurer, in setting deadlines, and in attempting to settle the claim. This duty does not create a separate cause of action but may only be considered for the purpose of reasonably reducing the amount of damages awarded against the insurer as provided in subsection (C)(2).

(E)(D) If two or more third party claimants have competing claims arising out of a single occurrence, which in total may exceed the available policy limits of one or more of the insured parties who may be liable to the third-party claimants, then an insurer is not liable beyond the available policy limits for failure to pay all or any portion of the available policy limits to one or more of the third-party claimants if the insurer issues a global offer for its policy limits within ninetythirty days after receiving notice of the competing claims accompanied by sufficient evidence to support liability and the amount of the claims. If the claims of the competing third-party claimants are found to be in excess of the insurer's policy limits, then the third-party claimants are entitled to a prorated share of the policy limits as determined by the trier of fact.

Amend the bill further, by adding appropriately numbered SECTIONS to read:

SECTION XA. Section 15-3-640 of the S.C. Code is amended to read:

Section 15-3-640. No actions to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property may be brought more than eight ten years after substantial completion of the improvement. For purposes of this section, an action based upon or arising out of the defective or unsafe condition of an improvement to real property includes:
(1) an action to recover damages for breach of a contract to construct or repair an improvement to real property;
(2) an action to recover damages for the negligent construction or repair of an improvement to real property;
(3) an action to recover damages for personal injury, death, or damage to property;
(4) an action to recover damages for economic or monetary loss;
(5) an action in contract or in tort or otherwise;
(6) an action for contribution or indemnification for damages sustained on account of an action described in this section;
(7) an action against a surety or guarantor of a defendant described in this section;
(8) an action brought against any current or prior owner of the real property or improvement, or against any other person having a current or prior interest in the real property or improvement;
(9) an action against owners or manufacturers of components, or against any person furnishing materials, or against any person who develops real property, or who performs or furnishes the design, plans, specifications, surveying, planning, supervision, testing, or observation of construction, or construction of an improvement to real property, or a repair to an improvement to real property.
This section describes an outside limitation of eight ten years after the substantial completion of the improvement, within which normal statutes of limitations continue to run.
A building permit for the construction of an improvement to real property must contain in bold type notice to the owner or possessor of the property of his rights under this section to contract for a guarantee of the structure being free from defective or unsafe conditions beyond eight ten years after substantial completion of the improvement. The Department of Consumer Affairs shall publish in conspicuous places the right of an owner or possessor to contract for extended liability under this section. Nothing in this section prohibits a person from entering into a contractual agreement prior to the substantial completion of the improvement which extends any guarantee of a structure or component being free from defective or unsafe conditions beyond eight ten years after substantial completion of the improvement or component.
For any improvement to real property, a certificate of occupancy issued by a county or municipality, in the case of new construction or completion of a final inspection by the responsible building official in the case of improvements to existing improvements, shall constitute proof of substantial completion of the improvement under the provisions of Section 15-3-630, unless the contractor and owner, by written agreement, establish a different date of substantial completion.

B. This SECTION takes effect one year after the effective date of this Act.

SECTION X. Section 15-3-670 of the S.C. Code is repealed.

Renumber sections to conform.

Amend title to conform.