{"id":"DUT-SC-009","kind":"duty","level":"state","jurisdiction":"South Carolina","state":"SC","metro":"","industry":"","agency":"","eco":"","issuer":"General Assembly of South Carolina (S. 147, ratified R. 39, April 28, 2021; approved by Governor Henry McMaster April 28, 2021)","authority":"2021 S.C. Acts No. 99 (S. 147), §§ 1-9","instrument":"Act No. 99 of 2021 (S. 147, R. 39), a Joint Resolution, the \u0027South Carolina COVID-19 Liability Immunity Act\u0027","title":"A Joint Resolution to enact the \u0027South Carolina COVID-19 Liability Immunity Act\u0027 so as to provide liability protections for a limited time period for health care providers and businesses that follow public health guidance in response to the coronavirus public health emergency","dateIssued":"2021-04-28","effective":"2021-04-28 (\u0027takes effect upon approval by the Governor\u0027), applying to all civil and administrative causes of action arising between March 13, 2020 and the later of June 30, 2021 or 180 days after the final COVID-19 state of emergency is lifted (§ 9)","end":"causes of action arising through the later of June 30, 2021 or 180 days after the final state of emergency was lifted (the emergency expired June 6-7, 2021, Ex. SC-036, so through early December 2021); standing as to that period","startDate":"2021-04-28","endDate":"2021-06-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["COND","EMP","OTHER"],"addressees":["every for-profit or not-for-profit business entity \u0027organized in any form whatsoever\u0027; every South Carolina governmental entity; health care facilities and providers; their directors, officers, employees, agents, contractors and third-party workers"],"clause":"Notwithstanding any other provision of law, a covered entity or covered individual that reasonably adheres to public health guidance applicable at the time the conduct giving rise to a coronavirus claim occurs shall be entitled to immunity from liability for any acts or omissions resulting in a coronavirus claim.","enforcement":"loss of immunity (§ 4(1)-(2)); the Act preserves workers\u0027 compensation remedies (§ 8) and business-interruption insurance claims (§ 5)","functions":[],"notes":"Immunity from coronavirus claims (exposure on the premises, from operations, products or services, or from acts or omissions) is conditioned on reasonable adherence to the applicable published guidance, directives, orders and rules of SC OSHA, DHEC or another State entity and federal guidance referenced by State entities, and is withdrawn on proof of grossly negligent, reckless, wilful or intentional misconduct or \u0027a failure to make any attempt to adhere to public health guidance\u0027.","sourceUrl":"https://www.scstatehouse.gov/sess124_2021-2022/bills/147.htm","snapshot":"http://web.archive.org/web/20210504234509/https://www.scstatehouse.gov/sess124_2021-2022/bills/147.htm","fileExists":true,"fileBytes":139485,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-SC","url":"/library/DUT-SC-009","exhibitUrl":"/exhibit/DUT-SC-009","citation":"General Assembly of South Carolina (S. 147, ratified R. 39, April 28, 2021; approved by Governor Henry McMaster April 28, 2021), Act No. 99 of 2021 (S. 147, R. 39), a Joint Resolution, the \u0027South Carolina COVID-19 Liability Immunity Act\u0027 (standing) (Ex. DUT-SC-009)","stateName":"South Carolina","related":["SC-036","SC-035","DUT-SC-007"]}