The COVID Project
The record
- Jurisdiction
- South Dakota
- Level
- State
- Authority
- SDCL 34-48A
- Issued
- 2020-04-06 Apr. 6, 2020
- Effective
- 2020-04-06
- End
- 2020-04-28 (rescinded by EO 2020-20 § 4) (read as 2020-04-28)
- In force
- Apr. 6, 2020 to Apr. 28, 2020
- Quarters
- 2020 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureTelework mandateGathering capHealth care ordersWorkplace rulesOperating condition
- Addressees
- every South Dakotan
- all employers
- enclosed retail businesses that promote public gatherings
- all healthcare organizations
- all local and municipal governments
- Functions reached
- DR/BA dining and bars
- FC fitness, casinos, entertainment
- SX elective surgery
- OF telework, screening, staggered shifts
- HR employee screening
- GATH local gathering restrictions
- CB customers
- Collection
- Standing duties: South Dakota DUT-SD
Operative words
Every South Dakotan shall:... All employers, both for profit and not-for-profit, within the State of South Dakota shall: 6. Implement the recommended CDC hygiene practices and other business strategies designed to reduce the likelihood of spreading the disease (staggering shifts, flexible schedules, employee screenings, etc.). 7. Understand that the COVID-19 is not a short-term challenge, and operations need to endure a difficult and limited social environment for potentially the next four months or more.... 9. Encourage staff to telework if possible, implement social distancing measures, limit unnecessary work gatherings, limit non-essential travel... Any 'enclosed retail business that promotes public gatherings' within the State of South Dakota shall: 11. Suspend or modify business practices as recommended by CDC guidance that involve ten or more people to be in an enclosed space where physical separation of at least six feet is not possible.... All healthcare organizations within the State of South Dakota shall:... 15. Postpone all non-essential elective surgeries to conserve (and thereby maximize) supplies of personal protective equipment (PPE). All local and municipal governments within the State of South Dakota shall:... 17. Restrict public gatherings of ten people or more, unless it is necessary.... All South Dakotans are encouraged to:... 22. Work remotely and/or from home, if possible, and avoid unnecessary outings to public places. Executive Order 2020-08 is hereby rescinded.
Enforcement
Mandatory ('shall'); Limitation C: no private right of action; read with CISA memorandum of Mar. 28, 2020; SDCL 34-48A
Notes
The State's only mandatory statewide business order; EO 2020-14 (SD-011) describes it as 'directing local governments to implement CDC guidelines... and restrict public gatherings of ten people or more'
Retrieval noteCited, not re-saved.