South Carolina S 166: Emergency Order Balance of Powers Act

Bill Text

2025-2026 Bill 166 Text of Previous Version (Jan. 14, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 166

Indicates Matter Stricken
Indicates New Matter

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A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT 
THE "EMERGENCY ORDER BALANCE OF POWERS ACT"; BY AMENDING SECTION 1-3-420, 
RELATING TO PROCLAMATIONS BY THE GOVERNOR, SO AS TO PROVIDE THE CONDITIONS IN 
WHICH A PROCLAMATION SHALL TERMINATE; AND BY AMENDING SECTION 25-1-440, 
RELATING TO DECLARATIONS OF A STATE OF EMERGENCY, SO AS TO PROVIDE THE 
CONDITIONS IN WHICH A DECLARED STATE OF EMERGENCY SHALL TERMINATE.

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

SECTION 1. This act may be cited as the "Emergency Order Balance of Powers Act".

SECTION 2. Section 1-3-420 of the S.C. Code is amended to read:

 Section 
1-3-420. (A) The Governor, when in his opinion the facts warrant, 
shall, by proclamation, declare that, because of unlawful assemblage, violence 
or threats of violence, or a public health emergency, as defined in Section 
44-4-130, a danger exists to the person or property of any citizen and that the 
peace and tranquility of the State, or any political subdivision thereof, or 
any particular area of the State designated by him, is threatened, and because 
thereof an emergency, with reference to such threats and danger, exists.

 (B) The Governor, upon 
the issuance of a proclamation as provided for in this section, must 
immediately file the proclamation in the Office of the Secretary of State, which. The proclamation is 
effective upon issuance and shall remain in full 
force and effect for a period of no more than fifteen days 
unless renewed by the Governor for no more than fifteen-day periods until revoked by the Governor. A 
proclamation also shall terminate upon the earlier of:

 (1) the termination date established by 
the Governor in a proclamation;

 (2) the termination date established by 
the General Assembly in a concurrent resolution; or

 (3) if the President of the Senate and 
the Speaker of the House determine it is not practical or possible to convene 
the General Assembly, then the termination date established in a written 
statement to both the Governor and Secretary of State by the President of the 
Senate and the Speaker of the House. If there is a vacancy in the office of the 
President of the Senate, then the duties that may be discharged by the 
President of the Senate in this item may be discharged by the Chairman of the 
Senate Rules Committee, and if that office is vacant, then by the Chairman of 
the Senate Finance Committee. If there is a vacancy in the office of Speaker of 
the House, then the duties that may be discharged by the Speaker of the House 
in this item may be discharged by the Speaker Pro Tempore of the House, and if 
that office is vacant, then by the Chairman of the House Rules Committee.

SECTION 3. Section 25-1-440(a)(2) of the S.C. 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 consent of the General Assembly;unless renewed 
by the Governor for no more than fifteen-day periods. A declared state of 
emergency also shall terminate upon the earlier of:

 (i) the termination date established 
by the Governor in an executive order;

 (ii) the termination date established 
by the General Assembly in a concurrent resolution; or

 (iii) if the President of the Senate 
and the Speaker of the House determine it is not practical or possible to 
convene the General Assembly, then the termination date established in a 
written statement to both the Governor and the Secretary of State by the 
President of the Senate and the Speaker of the House. If there is a vacancy in 
the office of the President of the Senate, then the duties that may be 
discharged by the President of the Senate in this subitem may be discharged by 
the Chairman of the Senate Rules Committee, and if that office is vacant, then 
by the Chairman of the Senate Finance Committee. If there is a vacancy in the 
office of Speaker of the House, then the duties that may be discharged by the 
Speaker of the House in this subitem may be discharged by the Speaker Pro 
Tempore of the House, and if that office is vacant, then by the Chairman of the 
House Rules Committee;

SECTION 4. This act takes effect upon approval 
by the Governor.

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