Bill Text: SC H3387 | 2021-2022 | 124th General Assembly | Introduced

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Bill Title: State of Emergency

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2021-01-12 - Referred to Committee on Judiciary [H3387 Detail]

Download: South_Carolina-2021-H3387-Introduced.html

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A BILL

TO AMEND SECTION 25-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A STATE OF EMERGENCY, SO AS PROVIDE THAT THE GOVERNOR MAY NOT DECLARE A NEW STATE OF EMERGENCY WHICH HAS THE EFFECT OF EXTENDING ANOTHER DECLARATION, NOR MAY THE GOVERNOR DECLARE A NEW STATE OF EMERGENCY FOR THE SAME UNDERLYING DISASTER BECAUSE OF CHANGED CIRCUMSTANCES OR A CHANGE IN THE DEGREE OF IMPACT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 25-1-440(a)(2) of the 1976 Code is amended to read:

    "(2) declare a state of emergency for all or part of the State if he finds a disaster or a public health emergency, as defined in Section 44-4-130, has occurred, or that the threat thereof is imminent and extraordinary measures are considered necessary to cope with the existing or anticipated situation. A declared state of emergency shall not continue for a period of more than fifteen days without the express consent of the General Assembly. If the General Assembly does not expressly consent, the Governor may not declare a new state of emergency which has the effect of extending the original declaration, nor may the Governor declare a new state of emergency for the same underlying disaster because of changed circumstances or a change in the degree of impact;"

SECTION    2.    This act takes effect upon approval by the Governor.