Senator YOUNG proposed the following amendment (147R005.KMM.TRY):

Amend the joint resolution, as and if amended, on page 1, by striking SECTION 2 in its entirety and inserting:

/SECTION2. The General Assembly hereby finds and declares that providing businesses and health care providers with reasonable protections from the risk and expense of lawsuits related to actual, alleged, or feared exposure to or contraction of the coronavirus will help encourage them to reopen and remain open and will help to protect those who provided services or goods that were novel or altered in an effort to combat the coronavirus pandemic. 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. /

Amend the joint resolution further, as and if amended, on page 2, by striking lines 4 through 16 , as contained in SECTION 3, and inserting:

/ (1) "Coronavirus claim" means any claim or cause of action arising from:

(a) an actual, alleged, or feared exposure to or contraction of coronavirus:

( i) from the premises of a covered entity;

( ii)from the operations, products, or services provided on-premises or off-premises for a covered entity; or

( iii)from the acts or omissions of a covered individual or covered entity, to include the delay or withholding of medical care for the treatment or diagnosis of the coronavirus;

( b)(i) the prescribing or dispensing of medicines for off-label use to attempt to combat the coronavirus;

(ii) the providing of health care services related to the coronavirus that are outside of a provider's professional scope of practice; or

(iii) the utilizing of equipment or supplies to combat or treat the coronavirus in a manner outside of the equipment or supplies' normal use in medical practice or in the provision of health care services; or

(c ) the manufacturing or donating of precautionary equipment or supplies, including personal protective equipment, due to shortages that occurred during the coronavirus pandemic. /

Amend the joint resolution further, as and if amended, on page 2, by striking lines 34 through 39 and inserting:

/ (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. /

Amend the joint resolution further, as and if amended, on page 3 , by striking lines 2 through 9, as contained in SECTION 4, and inserting:

/liability for any acts or omissions resulting in a coronavirus claim. This immunity will not apply:

(1) for claims arising pursuant to SECTION 3(1)(b), if a claimant proves by a prepronderance of the evidence that the covered entity or covered individual caused the injury or damage by:

(a) grossly negligent, reckless, willful, or intentional misconduct; or

(b) a failure to make any attempt to adhere to public health guidance; or

(2) for all other claims, if the claimant proves by clear and convincing evidence that the covered entity or covered individual caused the injury or damage by:

(a) grossly negligent, reckless, willful, or intentional misconduct; or

(b) a failure to make any attempt to adhere to public health guidance. /