{"id":"DUT-SC-019","kind":"duty","level":"state","jurisdiction":"South Carolina","state":"SC","metro":"","industry":"","agency":"","eco":"","issuer":"Attorney General Alan Wilson (opinion to the Hon. Josiah Magnuson, S.C. House of Representatives)","authority":"Op. S.C. Att\u0027y Gen. (Apr. 13, 2020) (to Rep. Magnuson)","instrument":"Op. S.C. Att\u0027y Gen. (Apr. 13, 2020) (to Rep. Josiah Magnuson), on the Governor\u0027s authority under § 25-1-440 and the fifteen-day limitation","title":"Whether the Governor may issue successive fifteen-day emergency declarations without the consent of the General Assembly; the scope of the emergency powers delegated by § 25-1-440","dateIssued":"2020-04-13","effective":"2020-04-13","end":"n/a (advisory opinion)","startDate":"2020-04-13","endDate":"2021-06-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2"],"types":["EMER","OTHER"],"addressees":["the Governor; persons generally subject to the emergency declarations and orders"],"clause":"The General Assembly has delegated broad emergency powers to the Governor, pursuant to § 25-1-440 to manage the State\u0027s response to a declared emergency.... In that vein, the Legislature has delegated enormous authority to the Governor pursuant to § 25-1-440.","enforcement":"n/a (opinion confirming the validity of the emergency declarations that carried the § 16-7-10 penalty)","functions":[],"notes":"The Attorney General confirmed that the Governor\u0027s successive fifteen-day COVID-19 emergency declarations rested on \u0027broad\u0027 and \u0027enormous\u0027 delegated authority, that § 25-1-440 makes the Governor \u0027responsible for the safety, security and welfare of the State\u0027 during an emergency, and that \u0027a court will presume any declaration of emergency, whether original or new, and the powers exercised thereunder, to be valid.\u0027 Character as recorded: agency_interpretation (Attorney General opinion; order_penalty layer).","sourceUrl":"https://www.scag.gov/wp-content/uploads/2020/04/MagnusonJ-OS-10470-FINAL-Opinion-4-13-2020-02256117xD2C78-02256152xD2C78.pdf","snapshot":"","fileExists":true,"fileBytes":741028,"grade":"primary","character":"agency_interpretation","description":"","collection":"DUT-SC","url":"/library/DUT-SC-019","exhibitUrl":"/exhibit/DUT-SC-019","citation":"Attorney General Alan Wilson (opinion to the Hon. Josiah Magnuson, S.C. House of Representatives), Op. S.C. Att\u0027y Gen. (Apr. 13, 2020) (to Rep. Josiah Magnuson), on the Governor\u0027s authority under § 25-1-440 and the fifteen-day limitation (Ex. DUT-SC-019)","stateName":"South Carolina","related":["SC-001","SC-036","SC-037","DUT-SC-005","DUT-SC-018"]}