The COVID Project
The record
- Jurisdiction
- South Carolina
- Level
- State
- Authority
- 2021 S.C. Acts No. 99 (S. 147), §§ 1-9
- Issued
- 2021-04-28 Apr. 28, 2021
- Effective
- 2021-04-28 ('takes effect upon approval by the Governor'), 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) (read as 2021-04-28)
- 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 (read as 2021-06-30)
- In force
- Standing since Apr. 28, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesOperating conditionOther
- Addressees
- every for-profit or not-for-profit business entity 'organized in any form whatsoever'; every South Carolina governmental entity; health care facilities and providers; their directors, officers, employees, agents, contractors and third-party workers
- Character
- liability shield condition
- Collection
- Standing duties: South Carolina DUT-SC
Operative words
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.
Penalty
loss of immunity (§ 4(1)-(2)); the Act preserves workers' compensation remedies (§ 8) and business-interruption insurance claims (§ 5)
What it required
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orders and rules of SC OSHA, DHEC or another State entity and federal guidance referenced by State entities, and is withdrawn on proof of grossly negligent, reckless, wilful or intentional misconduct or 'a failure to make any attempt to adhere to public health guidance'.
Retrieval note§ 3(5): '"Public health guidance" means any applicable published guidance, directive, order, or rule provided by the South Carolina Occupational Safety and Health Administration, the South Carolina Department of Health and Environmental Control, or another state governmental entity, and federal guidance if referenced by state entities, that is applicable to the type of covered entity or covered individual at issue and to the coronavirus claim at issue.' § 2 findings: 'Providing such immunity to businesses and health care providers that operate consistently with applicable public health guidance will help ameliorate the adverse impacts of a closed economy and the resulting unemployment.' Senate vote February 25, 2021, 40-3; House vote April 22, 2021, 89-18 (bill history on the same page). Governor McMaster's EO 2021-23 § 2(E) and (G) (May 11, 2021) expressly preserved measures 'to "reasonably adhere to public health guidance" for purposes of the South Carolina COVID-19 Liability Immunity Act (R-39, S. 147)' (Ex. SC-035). The Act is a joint resolution and is not codified in the Code of Laws.