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Ex. DUT-SC-006 Standing duty Primary source read

S.C. Code Ann. §§ 1-3-420, 1-3-430, 1-3-440, 1-3-460 (Title 1, Chapter 3, Article 7)

Proclamation of emergency by Governor; orders to prevent danger; further powers of Governor; powers supplemental

General Assembly of South Carolina · South Carolina (State)

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The record

Jurisdiction
South Carolina
Level
State
Authority
S.C. Code Ann. §§ 1-3-420 to 1-3-460
Effective
operative upon the Governor's proclamation (March 13, 2020 to June 6-7, 2021 for COVID-19) (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 declarationBusiness closureGathering capStanding duty
Addressees
  • persons generally; groups of persons; businesses and facilities
Character
statutory authority
Collection
Standing duties: South Carolina DUT-SC

Operative words

he may further, cope with such threats and danger, order and direct any person or group of persons to do any act which would in his opinion prevent or minimize danger to life, limb or property, or prevent a breach of the peace; and he may order any person or group of persons to refrain from doing any act or thing which would, in his opinion, endanger life, limb or property

Penalty

§ 1-3-440(4): enforcement by injunction, mandamus or other appropriate legal action; § 16-7-10(A): misdemeanor

What it required

Upon proclaiming an emergency for a public health emergency, the Governor may order any person or group of persons to do, or to refrain from doing, any act, may order law enforcement to do whatever is necessary to maintain order, may order the discontinuance of transportation or other public facilities, and may direct State, county or city officials to enforce the proclamation by injunction, mandamus or other legal action. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Every gubernatorial order recites § 1-3-430 ('order and direct any person or group of persons to do any act...') and § 1-3-460 (e.g., Ex. SC-013; Ex. SC-027; Ex. SC-035). EO 2020-50 § 5(D) invoked §§ 1-3-430 and 1-3-440 for the alcohol curfew's enforcement (Ex. SC-027).