House Amendment 3
H 4124 - Session 125 (2023-2024)
DHEC Restructuring

Rep. Magnuson proposes the following amendment (LC-4124.DG0012H):

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

SECTION X. Chapter 1, Title 44 of the S.C. Code is amended by adding:

Section 44-1-320.(A) It is the intent of the General Assembly to defend the State of South Carolina against violations of the United States Constitution and further prevent the subjecting of the sovereignty and rights of the United States of America to the Charter of the United Nations.

(B) Notwithstanding another provision of law, the Department of Health and Environmental Control, or its successor agency, must not employ state funds, personnel, or facilities to implement the provisions of any treaty that has not received ratification by a two-thirds vote of the United States Senate as required by the United States Constitution, Article II, Section 2. This section must be expressly applied to any treaty drafted under the framework of "a WHO Convention, Agreement, or Other International Agreement on Pandemic Prevention, Preparedness, and Response" or under color of amendments to the International Health Regulations. Any employee that violates this section may be subject to disciplinary action.

(C) The Department of Health and Environmental Control, or its successor agency, bears the burden of proof to show that a rule, regulation, or guidance was developed independent of influence by the Centers for Disease Control (CDC), the World Health Organization (WHO), or the United Nations (UN) and that the treaty was not a factor in determining whether to publish the rule, regulation, or guidance.

(D) This section is enacted under the authority of Article VI of the United States Constitution, the Tenth Amendment to the United States Constitution, and the inherent power reserved to South Carolina as a sovereign state.