S0316, titled the Civil Litigation Reform bill, changes South Carolina law to clarify and strengthen the Attorney General’s authority when bringing or defending actions in the name of the State. It adds a new section stating that, in such cases, the Attorney General acts in the public interest of South Carolina rather than as counsel for any state department, agency, board, or branch of government. The bill also provides that those entities are not parties to the action and that their records are not deemed to be in the Attorney General’s possession, custody, or control, while still requiring the Attorney General to identify the relevant agency and facilitate production of documents through subpoena when discovery seeks records held by a state entity.
The bill further amends the Unfair Trade Practices/consumer protection article in Title 39 to expressly authorize the Attorney General to seek disgorgement as a remedy in actions brought under that article. In addition, it creates a privilege for materials prepared or shared with the Attorney General or staff for law-enforcement purposes while investigating potential violations, and that privilege continues after the investigation ends, whether by litigation, settlement, or otherwise. The act takes effect upon gubernatorial approval.
The bill’s impact is to expand and formalize the Attorney General’s litigation tools and procedural protections in state enforcement actions, while also limiting arguments that the Attorney General is automatically the legal representative of other state entities in those cases. It would affect state agencies and boards by clarifying their relationship to AG-led litigation and by channeling discovery requests for their documents through subpoena and agency counsel. It also affects defendants in consumer-protection or similar enforcement actions by adding disgorgement as an available remedy and by strengthening confidentiality around investigative materials.
The general sentiment reflected in the available voting history is strongly favorable: the Senate passed second reading unanimously, 39-0. No committee transcript is available, so there is no recorded debate to indicate broader support or opposition beyond the vote itself.
No specific points of contention are documented in the provided materials, but the bill’s provisions suggest potential areas of concern could include the expansion of the Attorney General’s enforcement powers, the new privilege for investigative materials, and the clarification that state agencies are not parties to AG actions brought in the name of the State. Those issues could matter to state agencies, litigants, and parties subject to consumer-protection enforcement, but no formal objections are shown in the record provided.
The bill amends Title 1 and Title 39 of the South Carolina Code by creating new statutory provisions governing Attorney General enforcement actions, discovery, privilege, and remedies. It clarifies that the Attorney General, when acting in the name of the State, is not the attorney for other state departments or agencies and adds a statutory disgorgement remedy and investigative privilege in actions under the referenced consumer-protection article. These changes would primarily affect the Attorney General’s office, state agencies and boards, and parties in state enforcement litigation.
The available legislative record shows clear support for the bill. On May 1, 2025, the Senate passed second reading unanimously, 39-0. No committee discussion is provided, so the record does not show any organized opposition or divided sentiment in the materials supplied.
No explicit contention appears in the provided transcripts or vote record. The most likely points of debate, based on the text, are whether the bill gives the Attorney General broader enforcement leverage by adding disgorgement and privilege protections, and whether it appropriately separates the Attorney General from other state agencies in litigation brought in the name of the State. Those issues would primarily concern the Attorney General’s office, state agencies and boards, and regulated parties facing enforcement actions.