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Ex. SD-033 Order Primary source read

2020 House Bill 1296 (enrolled), amending SDCL 34-48A-5 and adding 34-48A-5.1

An Act to revise the authority of the Governor in times of a disaster, act of terrorism, or emergency and to declare an emergency

South Dakota Legislature; signed by the Governor · South Dakota (State)

The COVID Project

The record

Jurisdiction
South Dakota
Level
State
Authority
SDCL 34-48A
Issued
2020-03-30 Mar. 30, 2020
Effective
On passage and approval (emergency clause) (read as 2020-03-30)
End
Permanent (as later amended) (read as 2021-09-30)
In force
Mar. 30, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStay-at-homeBusiness closure
Addressees
  • Governor
  • State agencies
  • political subdivisions
Functions reached
  • EMER enabling authority for every suspension order; six-month re-declaration cycle (EO 2020-30, EO 2020-34)
Collection
Standing duties: South Dakota DUT-SD

Operative words

In the event of disaster, war, act of terrorism as defined in state law, or emergency that is beyond local government capability, the Governor:... (4) May suspend any rule of a state agency, or the enforcement by a state agency of any statute... including... epidemic, blight, drought, pandemic... (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;... The powers granted to the Governor under this section shall remain in effect for a period of six months and may be restored for one or more successive six-month periods by declaration of the Governor that the conditions permitting such powers persist.

Enforcement

Enabling statute

Notes

Section 2 (SDCL 34-48A-5.1) bars closure of firearms dealers and ranges 'unless the closing or limitation of hours applies equally to all forms of commerce within the jurisdiction'

Retrieval note

Cited, not re-saved.