{"id":"DUT-SC-018","kind":"duty","level":"state","jurisdiction":"South Carolina","state":"SC","metro":"","industry":"","agency":"","eco":"","issuer":"Attorney General Alan Wilson, by Robert D. Cook, Solicitor General (expedited opinion to the Hon. Jeff Bradley, S.C. House of Representatives, District 123)","authority":"Op. S.C. Att\u0027y Gen. (Mar. 29, 2020) (to Rep. Bradley)","instrument":"Op. S.C. Att\u0027y Gen. (Mar. 29, 2020) (to Rep. Jeff Bradley), on the extraordinary powers of the Governor during a state of emergency, with additional citations","title":"Do the Governor\u0027s extraordinary powers in a state of emergency preempt similar orders of counties and municipalities during the same state of emergency?","dateIssued":"2020-03-29","effective":"2020-03-29","end":"n/a (advisory opinion)","startDate":"2020-03-29","endDate":"2021-06-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2"],"types":["EMER","OTHER"],"addressees":["counties and municipalities; persons generally subject to the Governor\u0027s orders"],"clause":"Here the Governor\u0027s executive orders have made certain actions criminal, but others remain legal, for the duration of the executive order.... This conclusion that the Governor\u0027s emergency powers preempt those of counties and municipalities is equally applicable to the pandemic created by COVID-19.","enforcement":"n/a (opinion describing the criminal effect of the Governor\u0027s orders)","functions":[],"notes":"The Attorney General affirmed that the emergency powers of § 25-1-440 are \u0027exclusive and may be exercised only by the Chief Executive of the State,\u0027 that the Governor\u0027s executive orders \u0027have made certain actions criminal... for the duration of the executive order,\u0027 that local governments \u0027cannot exercise the emergency powers delegated to the Governor by the General Assembly,\u0027 and that \u0027an ordinance must continue to be enforced unless and until set aside by a court of competent jurisdiction.\u0027 Character as recorded: agency_interpretation (Attorney General opinion; order_penalty layer).","sourceUrl":"https://www.scag.gov/wp-content/uploads/2020/03/COVID-opinion-on-extraordinary-powers-with-additional-citations-02245943xD2C78.pdf","snapshot":"","fileExists":true,"fileBytes":250181,"grade":"primary","character":"agency_interpretation","description":"","collection":"DUT-SC","url":"/library/DUT-SC-018","exhibitUrl":"/exhibit/DUT-SC-018","citation":"Attorney General Alan Wilson, by Robert D. Cook, Solicitor General (expedited opinion to the Hon. Jeff Bradley, S.C. House of Representatives, District 123), Op. S.C. Att\u0027y Gen. (Mar. 29, 2020) (to Rep. Jeff Bradley), on the extraordinary powers of the Governor during a state of emergency, with additional citations (Ex. DUT-SC-018)","stateName":"South Carolina","related":["SC-008","DUT-SC-019","DUT-SC-005","DUT-SC-017"]}