The COMMITTEE on JUDICIARY proposed the following amendment (JUD0147.003):

Amend the joint resolution, as and if amended, page 3, by striking lines 1 through 17, as contained in SECTION 4, and inserting therein the following:

/ SECTION4. Notwithstanding any other provision of law, a covered entity or covered individual that substantially adheres to public health guidance applicable at the time the conduct giving rise to a coronavirus claim occurs shall be entitled to a safe harbor from liability for any acts or omissions resulting in the coronavirus claim unless a claimant proves by a preponderance of the evidence that the covered entity or covered individual caused the injury or damage:

(1) through grossly negligent, reckless, willful, or intentional misconduct; or

(2)by failing to make any attempt to adhere to public health guidance. /

Amend the joint resolution further, as and if amended, beginning on page 3, line 39, and ending on page 4, line 4, by striking SECTION 7 and SECTION 8 in their entireties and inserting therein the following:

/ SECTION 7. The provisions of this act do not apply to and do not exclude or limit any actions or remedies available under Title 42, commonly known as the South Carolina Workers' Compensation Law.

SECTION8. This joint resolution takes effect upon approval by the Governor, and its provisions apply to all civil and administrative causes of action that arise between March 13, 2020, and June 30, 2021, or one hundred eighty days after the final state of emergency is lifted for COVID-19 in this State, whichever is later, that are based upon facts that occurred during this time period. /