South Carolina General Assembly
124th Session, 2021-2022

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Indicates Matter Stricken
Indicates New Matter

H. 3126

STATUS INFORMATION

General Bill
Sponsors: Reps. Jones, Burns, Chumley, Magnuson, Taylor, Haddon, Long, Forrest, McCabe, Oremus and Hill
Document Path: l:\council\bills\sm\20129sa21.docx

Introduced in the House on January 12, 2021
Currently residing in the House Committee on Ways and Means

Summary: Mask mandates

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/9/2020  House   Prefiled
   12/9/2020  House   Referred to Committee on Ways and Means
   1/12/2021  House   Introduced and read first time (House Journal-page 81)
   1/12/2021  House   Referred to Committee on Ways and Means 
                        (House Journal-page 81)
   1/27/2021  House   Member(s) request name added as sponsor: Hill

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/9/2020

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-130 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR THIS STATE OR ANY POLITICAL SUBDIVISION THEREOF TO ACCEPT ANY FEDERAL FUNDS TO ENFORCE AN UNLAWFUL FEDERAL MASK MANDATE OR UNLAWFUL FEDERAL VACCINE MANDATE.

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

SECTION    1.    Chapter 1, Title 11 of the 1976 Code is amended by adding:

    "Section 11-1-130    (A)    It is unlawful for this State, or any political subdivision thereof, to accept any federal funds to enforce an unlawful federal mask mandate or unlawful federal vaccine mandate.

    (B)    An 'unlawful federal mask mandate' means any federal law, order, rule, regulation, plan of action, or otherwise which requires a resident of the State of South Carolina to wear a face mask or other face covering to minimize the spread of COVID-19 or any other infectious disease. Any such unlawful federal mask mandate is invalid in this State and may not be recognized in this State and is null, void, and of no effect in this State and includes, but is not limited to:

        (1)    an executive order or proclamation of the President of the United States requiring residents of this State to wear a face mask or other face covering to minimize the spread of COVID-19 or any other infectious disease;

        (2)    a rule, regulation, or requirement promulgated or issued by a federal agency, or a subdivision of a federal agency, requiring residents of this State to wear a face mask or other face covering to minimize the spread of COVID-19 or any other infectious disease including, but not limited to, rules, regulations, or requirements of the Centers for Disease Control and Prevention, the National Institutes of Health, the United States Department of Health and Human Services, the United States Department of Education, the Occupational Safety and Health Administration, the United States Department of Labor, the Food Safety and Inspection Service, and the United States Department of Agriculture;

        (3)    any order or other communication of any other federal political subdivision, such as a coronavirus or COVID-19 task force, requiring residents of this State to wear a face mask or other face covering to minimize the spread of COVID-19 or any other infectious disease; or

        (4)    a federal statute requiring residents of this State to wear a face mask or other face covering to minimize the spread of COVID-19 or any other infectious disease.

    (C)    An 'unlawful federal vaccine mandate' means federal law, order, rule, regulation, plan of action, or otherwise which requires a resident of the State of South Carolina to receive a vaccine to minimize the spread of COVID-19 or any other infectious disease. Any such unlawful federal vaccine mandate is invalid in this State and may not be recognized in this State and is null, void, and of no effect in this State and includes, but is not limited to:

        (1)    an executive order or proclamation of the President of the United States requiring residents of this State to receive a vaccine to minimize the spread of COVID-19 or any other infectious disease;

        (2)    a rule, regulation, or requirement promulgated or issued by a federal agency, or a subdivision of a federal agency, requiring residents of this State to receive a vaccine to minimize the spread of COVID-19 or any other infectious disease including, but not limited to, rules, regulations, or requirements of the Centers for Disease Control and Prevention, the National Institutes of Health, the United States Department of Health and Human Services, the United States Department of Education, the Occupational Safety and Health Administration, the United States Department of Labor, the Food Safety and Inspection Service, and the United States Department of Agriculture;

        (3)    any order or other communication of any other federal political subdivision, such as a coronavirus or COVID-19 task force, requiring residents of this State to receive a vaccine to minimize the spread of COVID-19 or any other infectious disease; or

        (4)    a federal statute requiring residents of this State to receive a vaccine to minimize the spread of COVID-19 or any other infectious disease."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on January 27, 2021 at 4:41 PM