The COVID Project
The record
- Jurisdiction
- South Carolina
- Level
- State
- Authority
- S.C. Code Ann. §§ 44-1-80, 44-1-100, 44-1-110, 44-1-140, 44-1-150
- Issued
- 2002-07-02 July 2, 2002
- Effective
- in force throughout 2020 Q2 to 2021 Q3 in the text quoted in the notes (read as 2002-07-02)
- End
- standing (read as 2021-09-30)
- In force
- Standing since July 2, 2002 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureWorkplace rulesQuarantine and isolationStanding duty
- Addressees
- persons generally; owners and operators of hotels, restaurants and every place used by or open to the public; sheriffs, constables and police officers
- Character
- statutory duty
- Collection
- Standing duties: South Carolina DUT-SC
Operative words
The Board of Health and Environmental Control or its designated agents must investigate the reported causes of communicable or epidemic disease and must enforce or prescribe these preventive measures as may be needed to suppress or prevent the spread of these diseases by proper quarantine or other measures of prevention, as may be necessary to protect the citizens of the State.
Penalty
§ 44-1-150(A): misdemeanor, fine not more than $200 or imprisonment for thirty days, after notice; § 44-1-150(B): civil penalty not to exceed $1,000 a day for each violation of a rule, regulation, permit, permit condition, final determination or order issued pursuant to § 44-1-140
What it required
The health authority must prescribe and enforce preventive measures, quarantine and restrictions on ingress and egress against communicable disease; it may adopt rules for the sanitation of restaurants, hotels and every place open to the public and for the isolation of persons with or suspected of communicable disease, and may issue separate emergency orders; law enforcement must obey and carry out its orders; violation of a rule is a misdemeanor and violation of a rule, order or permit condition draws a civil penalty of up to $1,000 a day.
Retrieval noteThe exhibit is the official chapter page as it reads on September 29, 2026, which carries the 2023 Act No. 60 amendments (effective July 1, 2024) substituting 'Department of Public Health' for 'Department of Health and Environmental Control' in §§ 44-1-140 and 44-1-150. The text in force in 2020-2021 was read in the Wayback Machine capture of July 3, 2020 (http://web.archive.org/web/20200703021630/https://www.scstatehouse.gov/code/t44c001.php): '§ 44-1-140. The Department of Health and Environmental Control may make, adopt, promulgate and enforce reasonable rules and regulations from time to time requiring and providing: (1) For the thorough sanitation and disinfection of... hotels, schools and other places used by or open to the public;...' and '§ 44-1-150(A)... a regulation of the Department of Health and Environmental Control, made by the department pursuant to Section 44-1-140, is guilty of a misdemeanor...; (B) A person who after notice violates a rule, regulation, permit, permit condition, final determination, or order of the department issued pursuant to Section 44-1-140 is subject to a civil penalty not to exceed one thousand dollars a day for each violation.' Section 44-1-80, 44-1-100 and 44-1-110 are unchanged since 2002. Section 44-1-100 (2020 text identical): 'All sheriffs and constables in the several counties of this State and police officers and health officers of cities and towns must aid and assist the Director of the Department of Health and Environmental Control and must carry out and obey his orders, or those of the Department of Health and Environmental Control, to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed.' Section 44-1-140(B): 'The department may make separate orders and rules to meet any emergency not provided for by general rules and regulations, for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious, and infectious diseases and other danger to the public life and health.' The Governor's orders defined 'Restaurants' by reference to § 44-1-140 and Regulation 61-25 (Ex. SC-027 § 3(C); Ex. SC-030).