Skip to content
The COVID Project
  1. Library
  2. Standing duties: South Dakota
  3. SD-017

Ex. SD-017 Order Primary source read

Executive Order 2020-20 with the attached Back to Normal Plan (Apr. 28, 2020)

Mandatory adoption of the Back to Normal Plan; rescission of EO 2020-12

Governor Kristi Noem · South Dakota (State)

The COVID Project

The record

Jurisdiction
South Dakota
Level
State
Authority
SDCL 34-48A
Issued
2020-04-28 Apr. 28, 2020
Effective
2020-04-28
End
2021-06-30 (duration of the State of Emergency) (read as 2021-06-30)
In force
Apr. 28, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Capacity limitSchools and child careHealth care ordersWorkplace rulesOperating condition
Addressees
  • every South Dakotan
  • employers
  • enclosed retail businesses
  • schools
  • health care providers
  • local governments
Functions reached
  • OF return from telework; employee screening
  • CAP occupancy (consider restricting)
  • IN/RL schools remote to year end
  • IP hospital bed reserve; SX surgery-center PPE conditions
  • VS senior-care and hospital visitation restricted
  • CB local restrictions preserved
Collection
Standing duties: South Dakota DUT-SD

Operative words

Section 1 Back to Normal Plan. Every South Dakotan shall implement and follow South Dakota's 'Back to Normal Plan,' or the 'Plan,' dated April 28, 2020 and attached to this Executive Order, or a later updated version of the Plan.... Section 3 Local Governments Within the State of South Dakota. Local governments shall follow the Plan for their respective jurisdictions. Section 4 Executive Order 2020-12. Executive Order 2020-12 is hereby rescinded. [Plan:] Employers:... If previously operating via telework, begin transitioning employees back to the workplace... Where appropriate, screen employees for symptoms prior to entering the workplace. Enclosed Retail Businesses that Promote Public Gatherings: Resume operations in a manner that allows for reasonable physical distancing, good hygiene, and appropriate sanitation. Consider restricting occupancy... Schools: Continue remote learning. Consider a limited return to in-person instruction to 'check in' before school year ends... Health Care Providers: Hospitals treating COVID-19 patients should reserve 30% of their hospital beds and maintain appropriate stores of PPE to meet surge demand. Other hospitals and surgery centers must have updated transfer protocols and adequate stores of independently-sourced PPE. Non-hospital healthcare can resume with adequate stores of independently sourced PPE. Continue to restrict visits to senior care facilities and hospitals.... [FAQ:] Business are encouraged to consider these guidelines as they resume normal operations, and also must adhere to any local restrictions.

Enforcement

Mandatory adoption clause ('shall implement and follow'); Plan content largely conditional; Limitation A: no private right

Notes

FAQ statements: 'Churches were never required to close'; 'Daycares were never explicitly required to close'; 'Masks have never been required'; 'South Dakota never issued a stay at home or shelter in place order'; 'No business was ever required to close'; 'South Dakota never prohibited travel'

Retrieval note

Cited, not re-saved. The Plan's FAQ also states: 'No business was ever required to close' and 'South Dakota never issued a stay at home or shelter in place order'; those statements are the State's characterization of its own orders and are recorded, not adopted; EO 2020-12 par. 11 and 15 and EO 2020-13 (Ex. SD-009, SD-010) speak for themselves.