{"id":"DUT-SD-006","kind":"duty","level":"state","jurisdiction":"South Dakota","state":"SD","metro":"","industry":"","agency":"","eco":"","issuer":"South Dakota Legislature (codified statute administered by the Governor and the Department of Public Safety)","authority":"S.D. Codified Laws title 34, ch. 34-48A (Emergency Management)","instrument":"SDCL ch. 34-48A, Emergency Management (§§ 34-48A-1, 34-48A-2, 34-48A-5, 34-48A-9, 34-48A-49)","title":"Emergency Management: Governor\u0027s authority in time of disaster or emergency, including control of the movement of persons and the occupancy of premises; power to make orders; immunity of emergency management workers complying with orders","dateIssued":"2026-09-29","effective":"standing","end":"standing","startDate":"2026-09-29","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["EMER","STAY","CLOSE","TRAV"],"addressees":["persons generally within a declared emergency area; owners or persons in control of premises; State agencies and political subdivisions"],"clause":"In the event of disaster, war, act of terrorism as defined in state law, or emergency that is beyond local government capability, the Governor:... (5) May control the ingress and egress in a designated disaster or emergency area, the movement of vehicles upon highways within the area, the movement of persons within the area, and the occupancy of premises within the area","enforcement":"None in chapter 34-48A (recorded exactly: the chapter authorizes orders but attaches no offense to their violation; the Governor\u0027s 2020-2021 orders recited no penalty). The offenses that reached pandemic conduct are SDCL 34-22-18, 34-16-1, 34-22-5, 34-18-32 and municipal ordinance penalties under 9-19-3 (Ex. DUT-SD-001, DUT-SD-005, DUT-SD-015, DUT-SD-009)","functions":[],"notes":"The Act confers on the Governor \u0027the emergency powers provided by this chapter\u0027 (34-48A-2(2)), including the power to \u0027control... the movement of persons within the area, and the occupancy of premises within the area\u0027 (34-48A-5(5)), to suspend agency rules (34-48A-5(4)) and to \u0027make, amend, and rescind the necessary orders to carry out the provisions of this chapter\u0027 (34-48A-9); the chapter contains no criminal penalty for violating a gubernatorial order, and the immunity of 34-48A-49 runs to workers \u0027complying with or reasonably attempting to comply with this chapter, or any order.\u0027 Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).","sourceUrl":"https://sdlegislature.gov/api/Statutes/34-48A.html?all=true","snapshot":"","fileExists":true,"fileBytes":434866,"grade":"primary","character":"statutory_authority","description":"","collection":"DUT-SD","url":"/library/DUT-SD-006","exhibitUrl":"/exhibit/DUT-SD-006","citation":"South Dakota Legislature (codified statute administered by the Governor and the Department of Public Safety), SDCL ch. 34-48A, Emergency Management (§§ 34-48A-1, 34-48A-2, 34-48A-5, 34-48A-9, 34-48A-49) (standing) (Ex. DUT-SD-006)","stateName":"South Dakota","related":["SD-001","SD-031","SD-033","SD-023","SD-025","SD-027","DUT-SD-001","DUT-SD-005","DUT-SD-015","DUT-SD-009"]}