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Ex. DUT-SC-005 Standing duty Primary source read

S.C. Code Ann. § 25-1-440

Additional powers and duties of Governor during declared emergency

General Assembly of South Carolina · South Carolina (State)

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The COVID Project

The record

Jurisdiction
South Carolina
Level
State
Authority
S.C. Code Ann. § 25-1-440(a)(1), (a)(2), (a)(7), (e)
Issued
2008-06-11 June 11, 2008
Effective
operative upon the Governor's declaration of emergency (March 13, 2020, Ex. SC-001, renewed to June 6-7, 2021, Exs. SC-036, SC-037) (read as 2020-03-13)
End
standing (read as 2021-09-30)
In force
Standing since Mar. 13, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStay-at-homeBusiness closureCapacity limitStanding duty
Addressees
  • persons generally; owners and occupants of premises in the emergency area
Character
statutory authority
Collection
Standing duties: South Carolina DUT-SC

Operative words

(1) issue emergency proclamations and regulations and amend or rescind them. These proclamations and regulations have the force and effect of law as long as the emergency exists;... (7)... to control ingress and egress at an emergency area, the movement of persons within the area, and the occupancy of premises therein

Penalty

violation of a proclamation is a misdemeanor under § 16-7-10(A) (Ex. DUT-SC-004); enforcement by injunction, mandamus or other legal action under § 1-3-440(4) (Ex. DUT-SC-006)

What it required

The Governor's emergency proclamations and regulations are law while the emergency exists; the Governor may declare a state of emergency for a public health emergency as defined in § 44-4-130, may control the movement of persons and the occupancy of premises, and by declaring a public health emergency authorizes implementation of the Emergency Health Powers Act. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Exhibit is the whole of Title 25, Chapter 1 as captured July 2, 2020; § 25-1-440 is the operative section. Subsection (e): 'the declaration of a state of public health emergency authorizes implementation of the provisions of Chapter 4 of Title 44, the Emergency Health Powers Act.' Every gubernatorial order recites § 25-1-440 and quotes its 'force and effect of law' clause (e.g., Ex. SC-013; Ex. SC-027; Ex. SC-035). The Attorney General's opinions of March 29 and April 13, 2020 construe the section as an exclusive and broad delegation (Exs. DUT-SC-018, DUT-SC-019).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.