EXECUTIVE ORDER NO. 2020-15
WHEREAS, the State of South Carolina has taken, and must continue to take, all necessary
and appropriate actions in confronting the unprecedented and evolving public health threat
presented by the 2019 Novel Coronavirus (“COVID-19”); and
WHEREAS, to this end, the undersigned has, inter alia, convened the Public Health
Emergency Plan Committee (“PHEPC”); activated the South Carolina Emergency Operations Plan
(“Plan”); regularly conferred with state and federal agencies, officials, and experts, to include the
South Carolina Department of Health and Environmental Control (“DHEC”), and the South
Carolina Emergency Management Division (“EMD”); and requested that the General Assembly
take action to make $45 million from the 2019–2020 Contingency Reserve Fund immediately
available to DHEC in coordinating the State’s public health response to COVID-19; and
WHEREAS, in addition to the foregoing, on March 11, 2020, the undersigned issued
Executive Order No. 2020-07, suspending certain transportation-related rules and regulations,
pursuant to 49 C.F.R. § 390.23 and section 56-5-70 of the South Carolina Code of Laws, as
amended, for commercial vehicles and operators of commercial vehicles providing direct
assistance to supplement state and local efforts and capabilities to protect public health and safety
in connection with COVID-19; and
WHEREAS, on March 13, 2020, the undersigned issued Executive Order No. 2020-08,
declaring a State of Emergency based on a determination that COVID-19 posed an actual or
imminent public health emergency for the State of South Carolina; and
WHEREAS, on March 13, 2020, the President of the United States declared the ongoing
COVID-19 outbreak a pandemic of sufficient severity and magnitude to warrant an emergency
declaration for all states, tribes, territories, and the District of Columbia, pursuant to Section 501(b)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121–5207
(“Stafford Act”); and
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March 28, 2020
WHEREAS, on March 13, 2020, the President of the United States also declared that the
COVID-19 pandemic in the United States constitutes a national emergency, pursuant to Sections
201 and 301 of the National Emergencies Act, 50 U.S.C. §§ 1601 et seq., and consistent with
Section 1135 of the Social Security Act, as amended (42 U.S.C. § 1320b-5), retroactive to March
1, 2020; and
WHEREAS, in proactively preparing for and promptly responding to the aforementioned
emergency, the undersigned initiated and implemented various measures to address the significant
public health, economic, and other impacts associated with COVID-19 and to mitigate the resulting
burdens on healthcare providers, individuals, and businesses in the State of South Carolina; and
WHEREAS, on March 15, 2020, the undersigned issued Executive Order No. 2020-09,
directing, inter alia, the closure of all public schools in the State of South Carolina for students
and non-essential employees beginning Monday, March 16, 2020, and through Tuesday, March
31, 2020, and the postponement or rescheduling of any election scheduled to be held in this State
on or before May 1, 2020, as well as urging that indoor and outdoor public gatherings be cancelled,
postponed, or rescheduled, to the extent possible, or limited so as not to exceed one hundred (100)
people; and
WHEREAS, on March 17, 2020, based on updated information and recommendations
from the Centers for Disease Control and Prevention (“CDC”), the President of the United States,
and the White House Coronavirus Task Force, the undersigned issued Executive Order No. 2020-
10, directing additional emergency measures in response to the threat posed by COVID-19, to
include temporarily prohibiting restaurants from providing certain food services for on-premises
consumption and prohibiting events at government facilities that would convene fifty (50) or more
people in a single room, area, or other confined indoor or outdoor space; and
WHEREAS, in addition to the foregoing directives, Executive Order No. 2020-10 also
“authorize[d] and direct[ed] any agency within the undersigned’s Cabinet or any other department
within the Executive Branch, as defined by section 1-30-10 of the South Carolina Code of Laws,
as amended, through its respective director or secretary, to waive or ‘suspend provisions of existing
regulations prescribing procedures for conduct of state business if strict compliance with the
provisions thereof would in any way prevent, hinder, or delay necessary action in coping with the
emergency,’ in accordance with section 25-1-440 of the South Carolina Code of Laws and other
applicable law”; and
WHEREAS, on March 19, 2020, the undersigned issued Executive Order No. 2020-11,
initiating further emergency measures and suspending certain regulations to ensure the proper
function and continuity of state government operations and the uninterrupted performance and
provision of emergency, essential, or otherwise mission-critical state government services, while
simultaneously undertaking additional measures to safeguard the health and safety of state
employees, mitigate significant economic impacts and burdens on affected individuals and
employers, and provide regulatory relief to expedite emergency response initiatives and enhance
the availability of critical healthcare services; and
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March 28, 2020
WHEREAS, on March 21, 2020, the undersigned issued Executive Order No. 2020-12,
initiating additional actions to provide regulatory relief to facilitate “social distancing” practices
and to mitigate the significant economic impacts of COVID-19 on individuals and businesses
throughout the State, particularly restaurants and other food-service establishments; and
WHEREAS, on March 23, 2020, the undersigned issued Executive Order No. 2020-13,
authorizing and directing law enforcement officers of the State, or any political subdivision
thereof, to, inter alia, prohibit or disperse any congregation or gathering of people, unless
authorized or in their homes, in groups of three (3) or more people, if any such law enforcement
official determines, in their discretion, that any such congregation or gathering of people poses, or
could pose, a threat to public health; and
WHEREAS, on March 24, 2020, the undersigned requested that the President of the
United States declare that a major disaster exists in the State of South Carolina pursuant to Section
401 of the Stafford Act; and
WHEREAS, on March 27, 2020, the President of the United States granted the
undersigned’s request and declared that a major disaster exists in the State of South Carolina and
ordered federal assistance to supplement state, tribal, and local recovery efforts in the areas
affected by the COVID-19 pandemic, with an effective date retroactive to January 20, 2020, and
continuing; and
WHEREAS, on March 27, 2020, the undersigned issued Executive Order No. 2020-14,
directing that individuals who enter the State of South Carolina from an area with substantial
community spread of COVID-19 shall be required to isolate or self-quarantine for a period of
fourteen (14) days from the time of entry into the State of South Carolina or the duration of the
individual’s presence in South Carolina, whichever period is shorter; and
WHEREAS, based on recent developments, to include the continued spread of COVID19, the resulting strain on healthcare resources, and the significant economic consequences for
individuals and businesses in this State, after consulting with numerous state and federal agencies,
officials, and experts, the undersigned has determined that it is necessary and prudent to declare
that a separate and distinct emergency exists due to the evolving nature and scope of the public
health threat or other risks posed by COVID-19 and the actual, ongoing, and anticipated impacts
associated with the same; and
WHEREAS, section 1-3-420 of the South Carolina Code of Laws, as amended, provides
that “[t]he Governor, when in his opinion the facts warrant, shall, by proclamation, declare that,
because of . . . a public health emergency . . . 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”; and
WHEREAS, as the elected Chief Executive of the State, the undersigned is authorized
pursuant to section 25-1-440 of the South Carolina Code of Laws, as amended, to “declare a state
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March 28, 2020
of emergency for all or part of the State if he finds a disaster or a public health emergency . . . has
occurred, or that the threat thereof is imminent and extraordinary measures are considered
necessary to cope with the existing or anticipated situation”; and
WHEREAS, in accordance with section 44-4-130 of the South Carolina Code of Laws, as
amended, a “public health emergency” exists when there is an “occurrence or imminent risk of a
qualifying health condition,” which includes “an illness or health condition that may be caused
by . . . epidemic or pandemic disease, or a novel infectious agent . . . that poses a substantial risk
of a significant number of human fatalities [or] widespread illness”; and
WHEREAS, section 1-3-430 of the South Carolina Code of Laws, as amended, provides
that when a state of emergency has been declared, the undersigned “may further, cope with such
threats and danger, order and direct any person or group of persons to do any act which would in
his opinion prevent or minimize danger to life, limb or property, or prevent a breach of the peace;
and he may order any person or group of persons to refrain from doing any act or thing which
would, in his opinion, endanger life, limb or property, or cause, or tend to cause, a breach of the
peace, or endanger the peace and good order of the State or any section or community thereof, and
he shall have full power by use of all appropriate available means to enforce such order or
proclamation”; and
WHEREAS, pursuant to section 1-3-460 of the South Carolina Code of Laws, as amended,
the foregoing and other emergency authority is “supplemental to and in aid of powers now vested
in the Governor under the Constitution, statutory laws[,] and police powers of the State”; and
WHEREAS, in accordance with section 25-1-440 of the South Carolina Code of Laws, as
amended, when an emergency has been declared, the undersigned is “responsible for the safety,
security, and welfare of the State and is empowered with [certain] additional authority to
adequately discharge this responsibility,” to include issuing, amending, and rescinding
“emergency proclamations and regulations,” which shall “have the force and effect of law as long
as the emergency exists”; and
WHEREAS, pursuant to section 25-1-440 of the South Carolina Code of Laws, when an
emergency has been declared, the undersigned is further authorized to “suspend provisions of
existing regulations prescribing procedures for conduct of state business if strict compliance with
the provisions thereof would in any way prevent, hinder, or delay necessary action in coping with
the emergency”; and
WHEREAS, in addition to the foregoing, section 25-1-440 of the South Carolina Code of
Laws, authorizes the undersigned, during a declared emergency, to “transfer the direction,
personnel, or functions of state departments, agencies, and commissions, or units thereof, for
purposes of facilitating or performing emergency services as necessary or desirable,” and to
“compel performance by elected and appointed state, county, and municipal officials and
employees of the emergency duties and functions assigned them in the State Emergency Plan or
by Executive Order”; and
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March 28, 2020
WHEREAS, the undersigned is further authorized, pursuant to section 25-1-440 of the
South Carolina Code of Laws, to “direct and compel evacuation of all or part of the populace from
any stricken or threatened area if this action is considered necessary for the preservation of life or
other emergency mitigation, response, or recovery; to prescribe routes, modes of transportation,
and destination in connection with evacuation; and to control ingress and egress at an emergency
area, the movement of persons within the area, and the occupancy of premises therein”; and
WHEREAS, in the context of a public health emergency, section 25-1-440 of the South
Carolina Code of Laws, also “authorizes the deployment and use of any resources and personnel
including, but not limited to, local officers and employees qualified as first responders, to which
the plans apply and the use or distribution of any supplies, equipment, materials, and facilities
assembled, stockpiled, or arranged to be made available pursuant to this act”; and
WHEREAS, in accordance with section 16-7-10(A) of the South Carolina Code of Laws,
as amended, “[i]n any area designated by the Governor in his proclamation that a state of
emergency exists, and during the duration of the proclamation, it is unlawful for a person to: violate
a provision in the proclamation including, but not limited to, any curfew set forth by the
proclamation; congregate, unless authorized or in their homes, in groups of three or more and to
refuse to disperse upon order of a law enforcement officer; or wilfully fail or refuse to comply with
any lawful order or direction of any law enforcement officer”; and
WHEREAS, it is axiomatic that “[t]he health, welfare, and safety of the lives and property
of the people are beyond question matters of public concern, and reasonable regulations and laws
designed to preserve and protect the same are clearly contained in the police power inherent in the
sovereign,” 1980 S.C. Op. Att’y Gen. 142 (Sept. 5, 1980); and
WHEREAS, in issuing Executive Order No. 2020-08 and declaring an initial State of
Emergency in connection with COVID-19, the undersigned’s determination was made in
accordance with section 44-4-130 of the South Carolina Code of Laws, as amended, and based on
the “imminent risk of a qualifying health condition,” which includes “an illness or health condition
that may be caused by . . . epidemic or pandemic disease, or a novel infectious agent . . . that poses
a substantial risk of a significant number of human fatalities [or] widespread illness”; and
WHEREAS, the public health threat posed by COVID-19 has since transitioned to a new
and distinct stage, evolving from one that presented the “imminent risk of a qualifying health
condition,” to one that involves an actual and widespread “occurrence” of a “qualifying health
condition,” with confirmed cases of COVID-19 in over eighty-five percent (85%) of South
Carolina’s forty-six (46) counties; and
WHEREAS, the evolution of COVID-19 from an “imminent risk of a qualifying health
condition,” to an actual “occurrence” of a “qualifying health condition” or “pandemic” presents a
unique and distinct public health emergency for the State of South Carolina, which must be dealt
with on its own accord; and
WHEREAS, for the aforementioned and other reasons, and in recognition and furtherance
of the undersigned’s responsibility to provide for and ensure the health, safety, security, and
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March 28, 2020
welfare of the people of the State of South Carolina, the undersigned has determined that the
occurrence of COVID-19 throughout significant portions of the State poses an actual, ongoing,
and evolving public health threat to the State of South Carolina, which now represents a new and
distinct emergency and requires additional proactive action by the State of South Carolina and the
implementation and enforcement of further extraordinary measures to slow the spread of COVID19, minimize the strain on healthcare providers, and otherwise respond to and mitigate the evolving
public health threat posed by this emergency.
NOW, THEREFORE, by virtue of the authority vested in me as Governor of the State of
South Carolina and pursuant to the Constitution and Laws of this State and the powers conferred
upon me therein, I hereby declare that a State of Emergency exists in South Carolina. Accordingly,
for the foregoing reasons and in accordance with the cited authorities and other applicable law, I
further order and direct as follows:
Section 1. Emergency Measures
To prepare for and respond to the actual, ongoing, and evolving public health threat posed
by COVID-19 and to mitigate the potential impacts associated with the same, pursuant to the cited
authorities and other applicable law, I hereby determine, order, and direct as follows:
A. The State of South Carolina must take additional proactive action and implement
further extraordinary measures to prepare for and respond to the actual, ongoing, and evolving
public health threat posed by COVID-19, minimize the resulting strain on healthcare providers,
and otherwise respond to and mitigate the significant impacts associated with the same.
B. I hereby memorialize and confirm my prior activation of the Plan and direct that
the Plan be further placed into effect and that all prudent preparations be taken at the individual,
local, and state levels to proactively prepare for and promptly respond to the threat posed by
COVID-19. I further direct the continued utilization of all available resources of state government
as reasonably necessary to address the current State of Emergency.
C. I hereby direct DHEC to utilize and exercise any and all emergency powers, as set
forth in the Emergency Health Powers Act, codified as amended in Title 44, Chapter 4 of the South
Carolina Code of Laws, deemed necessary to promptly and effectively address the current public
health emergency. In accordance with section 44-4-500 of the South Carolina Code of Laws, as
amended, DHEC shall continue to “use every available means to prevent the transmission of
infectious disease and to ensure that all cases of infectious disease are subject to proper control
and treatment.” I further direct DHEC to restrict visitation to nursing homes and assisted living
facilities, with the exception of end-of-life situations, as DHEC deems necessary and appropriate.
D. I hereby authorize and direct state correctional institutions and local detention
facilities to suspend visitation processes and procedures, as necessary, during this State of
Emergency.
E. I hereby place specified units and/or personnel of the South Carolina National
Guard on State Active Duty, pursuant to section 25-1-1840 of the South Carolina Code of Laws,
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March 28, 2020
as amended, and direct the Adjutant General to issue the requisite supplemental orders as he deems
necessary and appropriate. I further order the activation of South Carolina National Guard
personnel and the utilization of appropriate equipment at the discretion of the Adjutant General,
and in coordination with the Director of EMD, to take necessary and prudent actions to assist the
people of this State. I authorize Dual Status Command, as necessary, to allow the Adjutant General
or his designee to serve as commander over both federal (Title 10) and state forces (National Guard
in Title 32 and/or State Active Duty status).
F. I hereby order that all licensing and registration requirements regarding private
security personnel or companies who are contracted with South Carolina security companies in
protecting property and restoring essential services in South Carolina shall be suspended, and I
direct the South Carolina Law Enforcement Division (“SLED”) to initiate an emergency
registration process for those personnel or companies for a period specified, and in a manner
deemed appropriate, by the Chief of SLED.
G. I hereby declare that the prohibitions against price gouging pursuant to section 39-
5-145 of the South Carolina Code of Laws, as amended, are in effect and shall remain in effect for
the duration of this State of Emergency.
H. I hereby declare that the provisions of the following Orders shall remain in full
force and effect in accordance with their respective terms for the duration of the State of
Emergency declared herein, unless otherwise modified, amended, or rescinded below or by
subsequent Order: Executive Order Nos. 2020-07, 2020-09, 2020-10, 2020-11, 2020-12, 2020-13,
and 2020-14.
Section 2. School Closures
To provide for and protect the health, safety, and welfare of the people of this State and to
minimize and control the spread of COVID-19, pursuant to the cited authorities and other
applicable law, I hereby determine, order, and direct as follows:
A. Upon consultation with the Superintendent of Education, who has recommended
and advised that, at this time, students, parents, and families should plan for South Carolina’s
schools to remain closed through the month of April, I have determined that extending the closure
of public schools to students and non-essential employees is a necessary and appropriate action to
protect the health, safety, and welfare of the people of this State and to minimize and control the
spread of COVID-19.
B. I hereby direct the continued closure of all public schools in the State of South
Carolina for students and non-essential employees for the duration of the State of Emergency,
unless such directive is otherwise, modified, amended, extended, or rescinded. This Section
applies to all students and employees of public schools, to include charter schools, in the State of
South Carolina, with the exception of those emergency or other critical personnel designated as
essential, or whose presence is otherwise deemed necessary, by the appropriate school district
officials. I further authorize the requisite school district officials to make any necessary and
appropriate decisions or arrangements to account for local needs and other unique circumstances,
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to include establishing or maintaining means to deliver virtual instruction and remote learning and
assisting with or facilitating the distribution of food and the delivery of nutritional services.
C. I hereby authorize all state-supported colleges, universities, and technical colleges
in the State of South Carolina, as necessary and appropriate and in accordance with and to the
extent allowed by state and federal law, to complete the spring 2020 academic semester by
delivering virtual and remote learning, by housing only out-of-state or displaced students, and by
restricting on-campus services and activities to emergency or other critical personnel designated
as essential, or whose presence is otherwise deemed necessary, by the appropriate college or
university officials. I further authorize the requisite college, university, and technical college
officials to continue to make any necessary and appropriate decisions or arrangements to account
for specific needs and other unique circumstances or to deal with students, employees, or other
critical personnel designated as essential, or whose presence is otherwise deemed necessary, by
the appropriate college, university, or technical college officials.
Section 3. Protection of First Responders
To ensure the uninterrupted performance and provision of emergency services and to
maintain peace and good order during the State of Emergency, while simultaneously undertaking
additional proactive measures to safeguard the health and safety of law enforcement authorities
and other first responders, pursuant to the cited authorities and other applicable law, I hereby
determine, order, and direct as follows:
A. The State of South Carolina must promptly undertake and implement additional
proactive measures to safeguard the health and safety of law enforcement authorities and other
first responders who risk potential exposure to COVID-19 while providing emergency and other
essential services during the State of Emergency.
B. I hereby authorize and direct any and all 911 operators or other emergency
dispatchers to ask any individual placing a call for service whether such individual or any member
of their household has tested positive for COVID-19 or is exhibiting symptoms consistent with the
same.
C. I hereby authorize and instruct DHEC, upon consultation with SLED, to provide
any necessary and appropriate supplemental guidance regarding the interpretation, application, or
enforcement of this Section.
To expedite the State of South Carolina’s continued preparation for and response to the
ongoing emergency conditions related to COVID-19 and to facilitate the prompt transportation
and delivery of any critical resources, supplies, and personnel identified and deemed necessary in
connection with the same, pursuant to the cited authorities and other applicable law, I hereby
determine, order, and direct as follows:
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March 28, 2020
A. I hereby amend Executive Order No. 2020-07, as modified by Executive Order
No. 2020-08, pursuant to 49 C.F.R. § 390.23 and section 56-5-70 of the South Carolina Code
of Laws, to extend the provisions thereof to commercial vehicles and operators of commercial
vehicles operating in accordance with the provisions of the Federal Motor Carrier Safety
Administration’s Expanded Emergency Declaration Under 49 C.F.R. § 390.23 No. 2020-002
(Relating to COVID-19), responding to the declared emergency in the State of South Carolina,
or otherwise assisting with the public health threat posed by COVID-19, as well as to
commercial vehicles and operators of commercial vehicles transporting essential goods and
products, such as food, water, medicine, medical supplies and equipment, fuels and petroleum
products (to include fuel oil, diesel oil, gasoline, kerosene, propane, and liquid petroleum),
livestock, poultry, feed for livestock and poultry, and crops and other agricultural products
ready to be harvested (to include timber and wood chips).
Section 5. Enforcement
A. I hereby authorize any and all law enforcement officers of the State, or any political
subdivision thereof, to do whatever may be deemed necessary to maintain peace and good order
during the State of Emergency and to enforce the provisions of this Order and any prior or future
Orders issued by the undersigned in connection with the present State of Emergency.
B. Pursuant to section 16-7-10(A) of the South Carolina Code of Laws, any individual
who “refuse[s] to disperse upon order of a law enforcement officer,” “wilfully fail[s] or refuse[s]
to comply with any lawful order or direction of any law enforcement officer,” or otherwise violates
any provision of any Order issued by the undersigned in connection with the State of Emergency
“is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars
or imprisoned for not more than thirty days.”
C. In accordance with section 1-3-440(4) of the South Carolina Code of Laws, I further
authorize, order, and direct any State, county, or city official to enforce the provisions of this Order
and any prior or future Orders issued in connection with the present State of Emergency, as
necessary and appropriate, in the courts of the State by injunction, mandamus, or other appropriate
legal action.
D. In addition to the foregoing, I further authorize, order, and direct DHEC to exercise
and utilize any and all necessary and appropriate emergency powers, as set forth in the Emergency
Health Powers Act, codified as amended in Title 44, Chapter 4 of the South Carolina Code of
Laws, to implement and enforce the provisions of this Order. In accordance with section 44-4-
500 of the South Carolina Code of Laws, as amended, DHEC shall continue to “use every available
means to prevent the transmission of infectious disease and to ensure that all cases of infectious
disease are subject to proper control and treatment.”
Section 6. General Provisions
A. This Order is not intended to create, and does not create, any individual right,
privilege, or benefit, whether substantive or procedural, enforceable at law or in equity by any
party against the State of South Carolina, its agencies, departments, political subdivisions, or other
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March 28, 2020
entities, or any officers, employees, or agents thereof, or any other person. If any section,
subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this Order is for any
reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or
validity of the remaining portions of this Order, as the undersigned would have issued this Order,
and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and
word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs,
subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be
unconstitutional, invalid, or otherwise ineffective.
B. If or to the extent that any political subdivision of this State seeks to adopt or
enforce a local ordinance, rule, regulation, or other restriction that conflicts with this Order, this
Order shall supersede and preempt any such local ordinance, rule, regulation, or other restriction.
C. This Order is effective immediately and shall remain in effect for a period of fifteen
(15) days unless otherwise modified, amended, or rescinded by subsequent Order. Further
proclamations, orders, and directives deemed necessary to ensure the fullest possible protection of
life and property during this State of Emergency shall be issued orally by the undersigned and
thereafter reduced to writing and published for dissemination within the succeeding 24-hour
period.
GIVEN UNDER MY HAND AND THE
GREAT SEAL OF THE STATE OF
SOUTH CAROLINA, THIS 28th DAY OF
MARCH, 2020.
HENRY MCMASTER
Governor
