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Ex. DUT-SD-004 Standing duty Primary source read

Order Declaring Public Health Emergency 2020-01

Order Declaring Public Health Emergency (Minnehaha County), April 10, 2020

Kim Malsam-Rysdon, Secretary of the South Dakota Department of Health, with the consent and authorization of Governor Kristi Noem · Minnehaha County, South Dakota (declared by the State Secretary of Health) (State)

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The record

Jurisdiction
Minnehaha County, South Dakota (declared by the State Secretary of Health) · South Dakota
Level
State
Authority
SDCL 34-22-42 (recited); EO 2020-04 (recited)
Issued
2020-04-10 Apr. 10, 2020
Effective
2020-04-10 ('shall be in effect immediately') (read as 2020-04-10)
End
2020-05-08 by its terms ('until expiration on May 8, 2020, unless sooner terminated or renewed'); renewal not verified (read as 2020-05-08)
In force
Apr. 10, 2020 to May 8, 2020
Quarters
2020 Q2
Limitation types
Emergency declarationQuarantine and isolationStanding duty
Addressees
  • persons generally within Minnehaha County; the Department of Health's directives to individuals there
Character
order penalty
Collection
Standing duties: South Dakota DUT-SD

Operative words

This state of public health emergency is being declared for the sole purpose of facilitating and enforcing public health orders by the Department of Health against individuals in Minnehaha County, South Dakota in the event such enforcement action(s) become necessary.

Penalty

SDCL 34-22-18: Class 1 misdemeanor for failing to follow the department's directives under a declared public health emergency (Ex. DUT-SD-001); 34-22-18.1 injunction

What it required

The Secretary of Health declared under SDCL 34-22-42 that 'a public health emergency exists within Minnehaha County' because 'the further spread of the disease... poses a significant risk of substantial harm and danger to public health and safety,' for the stated purpose of 'facilitating and enforcing public health orders by the Department of Health against individuals,' which is the trigger for the Class 1 misdemeanor of SDCL 34-22-18 and the injunction of 34-22-18.1 (Ex. DUT-SD-001) in the county that held the State's largest workforce and the Smithfield plant.

Retrieval note

The order recites that EO 2020-04 declared the State of Emergency, that Minnehaha County 'has 352 cases confirmed by testing,' and that 'multiple Executive Orders have been issued' to support the projections; EO 2020-17 (Ex. SD-014) recites this declaration. Text taken from OCR of the scanned pages; the OCR rendered the signature block as 'OMI Kim Malsam-Rysdon Secretary SD Department of Health.'.