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Ex. DUT-SC-018 Standing duty Primary source read

Op. S.C. Att'y Gen. (Mar. 29, 2020) (to Rep. Jeff Bradley), on the extraordinary powers of the Governor during a state of emergency, with additional citations

Do the Governor's extraordinary powers in a state of emergency preempt similar orders of counties and municipalities during the same state of emergency?

Attorney General Alan Wilson, by Robert D. Cook, Solicitor General (expedited opinion to the Hon. Jeff Bradley, S.C. House of Representatives, District 123) · South Carolina (State)

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The record

Jurisdiction
South Carolina
Level
State
Authority
Op. S.C. Att'y Gen. (Mar. 29, 2020) (to Rep. Bradley)
Issued
2020-03-29 Mar. 29, 2020
Effective
2020-03-29
End
n/a (advisory opinion) (read as 2021-06-30)
In force
Mar. 29, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Emergency declarationOther
Addressees
  • counties and municipalities; persons generally subject to the Governor's orders
Character
agency interpretation
Collection
Standing duties: South Carolina DUT-SC

Operative words

Here the Governor's executive orders have made certain actions criminal, but others remain legal, for the duration of the executive order.... This conclusion that the Governor's emergency powers preempt those of counties and municipalities is equally applicable to the pandemic created by COVID-19.

Penalty

n/a (opinion describing the criminal effect of the Governor's orders)

What it required

The Attorney General affirmed that the emergency powers of § 25-1-440 are 'exclusive and may be exercised only by the Chief Executive of the State,' that the Governor's executive orders 'have made certain actions criminal... for the duration of the executive order,' that local governments 'cannot exercise the emergency powers delegated to the Governor by the General Assembly,' and that 'an ordinance must continue to be enforced unless and until set aside by a court of competent jurisdiction.' Character as recorded: agency_interpretation (Attorney General opinion; order_penalty layer).

Retrieval note

Scanned five-page opinion without a text layer; all pages were rendered to images and read in full. The opinion quotes EO 2020-15 § 6(B) (Ex. SC-008): 'this Order shall supersede and preempt any such local ordinance, rule, regulation, or other restriction,' relies on Walsh v. City of River Rouge, 385 Mich. 623 (1971), and was copied to the Governor, SLED, the Police Chiefs' and Sheriffs' Associations, the Association of Counties and the Municipal Association. The Attorney General's April 13, 2020 opinion cites it as 'Op. S.C. Att'y Gen., 2020 WL ___ (March 29, 2020)' (Ex. DUT-SC-019).