Rep. MAGNUSON proposes the following Amendment No. 3a to H. 3411 (COUNCIL\DG\3411C003.NBD.DG20):

Reference is to Printer's Date 4/8/20-S.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ Section___. A. It is the intent of the General Assembly that Section 25-1-440(a)(2) of the 1976 Code be strictly applied to require that a declared state of emergency cease after fifteen days from its declaration unless the General Assembly expressly grants consent, through a joint resolution, to extend the declared state of emergency or to declare a new state of emergency that is substantially similar.

B.Pursuant to a strict application of Section 25-1-440(a)(2) of the 1976 Code, the General Assembly finds that that state of emergency declared by Governor Henry McMaster in Executive Order 2020-08 on March 13, 2020, ceased on March 28, 2020, and consent by the General Assembly for its extension was not granted, nor was consent granted for continuing the state of emergency with subsequent orders. Therefore, the General Assembly hereby declares that all executive orders issued by the Governor in connection with the 2019 Novel Coronavirus (COVID-19) public health emergency subsequent to March 28, 2020, are null and void. No funds appropriated in this act may be utilized by any State, county, or municipal official to enforce these executive orders. Any violation of this section shall constitute a cause of action in the courts of the State of South Carolina which may be brought by the Speaker of the House, the President of the Senate, or any other injured party.

C.The General Assembly hereby withdraws any implied consent which it may have previously granted to the Governor to declare or continue a public health state of emergency after March 28, 2020. /