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Ex. SC-045 Order Primary source read

Act No. 94 of 2021, Part IB, Provisos 1.108 (SDE: Mask Mandate Prohibition) and 117.190 (GP: Masks at Higher Education Facilities)

Budget provisos prohibiting the use of appropriated funds to require masks in K-12 education facilities and to condition unmasked presence on vaccination at public colleges

General Assembly of South Carolina (H. 4100, ratified R. 116, June 21, 2021) · South Carolina (State)

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The COVID Project

The record

Jurisdiction
South Carolina
Level
State
Authority
General Appropriations Act for Fiscal Year 2021-2022, Act No. 94 of 2021, Part IB
Issued
2021-06-30 June 30, 2021
Effective
2021-07-01
End
2022-06-30 (fiscal year) (read as 2022-06-30)
In force
July 1, 2021 to June 30, 2022
Quarters
2021 Q3
Limitation types
Face-covering requirementSchools and child careVaccination or testing
Addressees
  • every school district and school
  • every public institution of higher learning including technical colleges
Functions reached
  • IN instruction (the Q3 2021 school-mask rule of decision)
  • WF workforce
  • VAX vaccination status at colleges
Collection
South Carolina SC

Operative words

1.108. (SDE: Mask Mandate Prohibition) No school district, or any of its schools, may use any funds appropriated or authorized pursuant to this act to require that its students and/or employees wear a facemask at any of its education facilities. This prohibition extends to the announcement or enforcement of any such policy.... 117.190. (GP: Masks at Higher Education Facilities) A public institution of higher learning, including a technical college, may not use any funds appropriated or authorized pursuant to this act to require that its students have received the COVID-19 vaccination in order to be present at the institution's facilities without being required to wear a facemask. This prohibition extends to the announcement or enforcement of any such policy.

Enforcement

Appropriations condition; construed in Wilson (SC-041), Lucas (SC-042) and Creswick (SC-040); enforcement of 1.108 preliminarily enjoined Sept. 28, 2021 (SC-043)

Notes

The exhibit is the State House's Part IB page as archived July 1, 2021 (207 pages); the provisos sit at pages carrying '1.108.' and '117.190.' The Supreme Court records the enactment date as June 22, 2021 (SC-041); the bill page shows ratification June 21, Act No. 94 assigned June 30, effective July 1, 2021.

Retrieval note

Large exhibit (1.7 MB).

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.