South Carolina 2025-2026 Regular Session

South Carolina Senate Bill S0166

Introduced
1/14/25  

Caption

Emergency Order Balance of Powers Act

Impact

The enactment of S0166 would introduce significant changes to how emergency powers are managed within South Carolina. Specifically, the bill would amend existing laws that currently enable the Governor to unilaterally declare a state of emergency. By implementing a mandatory review and potential termination of such declarations after a specified period, the legislation promotes legislative checks and balances in emergency governance. Proponents of the bill argue that this gives local and state representatives more control over emergency measures affecting their constituents.

Summary

Bill S0166, titled the 'Emergency Order Balance of Powers Act', seeks to amend specific sections of the South Carolina Code of Laws to establish clearer boundaries on the declaration and duration of state emergency proclamations by the Governor. This bill aims to ensure that emergency powers exercised by the Governor remain accountable to the General Assembly and do not extend beyond set limits without legislative approval or specific conditions being met. The proposed amendments allow a state of emergency to be declared for no more than fifteen days without legislative consent, with provisions for renewal only under those same conditions.

Contention

Points of contention surrounding S0166 likely revolve around the balance of power between the executive and legislative branches during crises. Critics may argue that stringent limitations on the Governor's emergency powers could hinder effective and prompt governmental responses to urgent situations or disasters. Supporters, however, assert that these changes are necessary to prevent overreach and to protect civil liberties during times of crisis. As states grapple with public health emergencies and natural disasters, the delineation of authority between the Governor and the legislature remains a pertinent issue.

Last_action

The last documented action regarding S0166 indicates its progression through legislative discussions, though detailed voting history or outcomes were not available within the provided documentation.

Companion Bills

No companion bills found.

Previously Filed As

SC LD551

An Act to Restore Balanced Emergency Powers

SC S0245

Federal Balanced Budget Amendment

SC H3546

Utilities - Delinquent, Late, and Unpaid Balances

SC HB3792

BALANCED BUDGET

SC HB2449

Relating To Emergency Powers.

SC HJRCA0015

CONAMEND-BALANCED BUDGET

SC ACA13

Public finance: Balanced Budget Accountability Act of 2025.

SC SF440

Unilateral Emergency Powers Repeal Act

SC SB1020

State of emergency: Governor’s powers and annual report.

SC SB846

Relating To Emergency Powers.

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