The COVID Project
The record
- Jurisdiction
- South Carolina
- Level
- State
- Authority
- S.C. Code §§ 1-3-410 to -440, 25-1-440; S.C. COVID-19 Liability Immunity Act (S. 147, R-39, Act of Apr. 28, 2021)
- Issued
- 2021-05-11 May 11, 2021
- Effective
- 2021-05-11 (immediately), 'for the duration of the State of Emergency' (read as 2021-05-11)
- End
- 2021-06-06/07 (lapsed with the State of Emergency; extended by EO 2021-25 § 1(H)) (read as 2021-06-06)
- In force
- May 11, 2021 to June 6, 2021
- Quarters
- 2021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Telework mandateFace-covering requirementSchools and child careVaccination or testingOther
- Addressees
- counties, municipalities and political subdivisions with face-covering mandates
- every State agency, official and employee and every political subdivision (vaccine passports)
- DHEC and the Superintendent of Education (school opt-out form)
- State agencies (return to normal operations)
- Functions reached
- SF/DR local mask rules for the public terminated
- IN schools (opt-out)
- VAX no vaccination-proof condition on public services or premises
- OF State offices
- Collection
- South Carolina SC
Operative words
to the extent any county, municipality, or political subdivision of this State continues to impose any ordinance, order, or other measure that requires the general public within its jurisdiction to wear a Face Covering and has relied in whole or in part on the undersigned's prior authorization or declarations of a State of Emergency as part of the basis for imposing, or for the duration of, a Face Covering requirement, I have determined and do hereby declare that any such ordinance, order, or other measure is invalid and preempted in accordance with Section 10(C) of this Order.... I hereby prohibit any agency, department, official, or employee of the State of South Carolina, or any political subdivision thereof, from adopting or enforcing any order, ordinance, policy, regulation, rule, or similar measure that requires or purports to require an individual to provide, as a condition of receiving any government service or entering any building, structure, facility, or other physical or geographic location, any certification or documentation regarding the individual's vaccination status... I hereby authorize and direct DHEC to take any necessary and appropriate action to allow for the parent... of a student in any public school... to opt out of any Face Covering requirement imposed by any public school official or public school district
Enforcement
§ 9 (§ 16-7-10(A)); § 10(C) preemption; § 2(H) health-care settings excepted; § 2(F) Legislative and Judicial Branch buildings excepted
Notes
§ 2(D) recites that the Governor 'repeatedly declined to issue an Order mandating the use of Face Coverings, on a statewide basis' and that the earlier mandates were limited to State buildings and restaurants.
Retrieval noteCorrects the bundled row: EO 2021-23 invalidated local general-public mask mandates that relied on the emergency; it did not bar every local mask rule (employee and government-building guidelines and health-care settings were preserved).