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South Dakota

The South Dakota file holds 86 instruments from the State's governor, health authorities, courts and agencies, 82 of them with the exhibit file held by The COVID Project. 119 records in the Library resolve to South Dakota in all, counting its metros, the agency clusters and the standing duties.

Code SDFirst closure or stay-at-home order Mar. 19, 2020 Ex. SD-066End of general restrictions Apr. 28, 2020Orders reaching 2021 Q3 13Primary source read 81 Confirmed from a secondary source 5
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The South Dakota file

The record in brief

South Dakota's regime was gubernatorial directive at the State level, force-of-law ordinance at the city level, and a statewide judicial emergency in the courts that outlasted every other instrument. The run-up (March 13-31, 2020): Governor Noem declared a State of Emergency in all counties by EO 2020-04 (Mar. 13, 2020; SDCL 34-48A) and vested the Department of Health with 'the authority and oversight of measures to control and contain the spread of COVID-19'; she ordered non-essential State employees to 'report to work remotely and not report to state offices' and prohibited 'all work-related, out-of-state travel' (EO 2020-05, effective Mar. 15; extended to May 2, 2020 by EOs 2020-06 and 2020-09); the Supreme Court declared a judicial emergency (Mar. 13, 2020) under SDCL 16-3-11 to -15 and suspended the 180-day rule, and every circuit continued jury trials and restricted courthouse access within days; EO 2020-08 (Mar. 23) directed, in 'should' terms, enclosed retail businesses (bars, restaurants, breweries, cafes, casinos, coffee shops, recreational and athletic facilities, health clubs, entertainment venues) to suspend or modify practices involving ten or more people indoors, employers to encourage telework and limit non-essential travel, health care to postpone all non-essential elective surgeries, and local governments to restrict gatherings of ten or more; Brookings (Ord. 20-005, Mar. 23), Sioux Falls (Ord. 28-20, Mar. 26) and Rapid City (Ord. 6412, Mar. 27) closed dine-in, bars, casinos, gyms, theaters and (Brookings) salons by ordinance with criminal penalties; the Legislature enacted HB 1295, HB 1296, SB 188, SB 189 and SB 190 on Mar. 30, 2020. 2020 Q2: EO 2020-12 (Apr. 6) made the directives mandatory ('All employers... shall' implement staggered shifts, flexible schedules and employee screenings; enclosed retail businesses 'shall' suspend or modify ten-or-more indoor practices; health care 'shall' postpone elective surgeries; local governments 'shall' restrict gatherings of ten or more); EO 2020-13 (Apr. 6) imposed a 'mandatory' stay-home order on residents over 65 and those with serious conditions in Minnehaha and Lincoln Counties, extended to May 11, 2020 by EO 2020-18; the Secretary of Health declared a public health emergency in Minnehaha County (Order 2020-01, Apr. 10, 2020) and the Second Circuit closed the Minnehaha County Courthouse to all but litigants, required masks and limited the clerk to electronic and telephone service (CIV 20-4, effective Apr. 15, 2020); EO 2020-20 (Apr. 28) rescinded EO 2020-12 and ordered that 'Every South Dakotan shall implement and follow' the Back to Normal Plan (schools 'continue remote learning'; hospitals reserve 30 percent of beds; surgery centers 'must have' transfer protocols and independently sourced PPE; 'continue to restrict visits to senior care facilities and hospitals'; businesses 'must adhere to any local restrictions'); Rapid City (Apr. 27) and Brookings (May 4 and May 12) reopened on conditions of half capacity, ten customers or one per 200 square feet, six-foot spacing and employee masks; the emergency was continued to May 31 (EO 2020-15) and Dec. 30, 2020 (EO 2020-26); courthouses and driver-license stations closed and titling and licensing deadlines were suspended (EOs 2020-21, 2020-28). 2020 Q3: EO 2020-30 (July 7) re-declared the emergency under the six-month limit added by HB 1296 and terminated the motor-vehicle suspensions; the Plan remained mandatory; Rapid City's regulations ran to the end of July; Brookings extended its capacity-and-mask regime (Ords. 20-010, 20-017) and adopted a public face-covering requirement (Ord. 20-019, Sept. 8, 2020); the Sixth Circuit ordered courtroom masks (Sept. 27). 2020 Q4 (the winter re-tightening): the First, Second and Fourth Circuits ordered masks (Oct. 8-20), the Second Circuit limited courtrooms to half occupancy (Oct. 20), and the Fourth and Seventh Circuits imposed jury-trial moratoria (Nov. 13-16, 2020, to Dec. 31, 2020 and Feb. 28, 2021); Sioux Falls adopted Face Covering Ordinance 114-20 (Nov. 17; in effect Nov. 21, 2020 to Mar. 13, 2021) for indoor retail businesses; Rapid City required masks in City facilities (Oct. 27) and gave first reading to a public mask ordinance (Nov. 19); Brookings adopted comprehensive Ords. 20-028 and 20-029; EO 2020-34 (Dec. 18) continued the emergency to June 30, 2021. 2021 Q1 and Q2: the emergency, the Plan and the court orders continued; Brookings kept half capacity and masks (Ord. 21-001, Feb. 9) and then staff masks (Ord. 21-013, Mar. 23) until Res. 21-024 (Apr. 27) replaced mandates with recommendations, repealed May 31, 2021; the Second Circuit renewed its mask and entry order (CIV 21-4, Apr. 6, 2021); EO 2021-08 (Apr. 20) barred State vaccine-passport requirements; the State of Emergency expired June 30, 2021. 2021 Q3: no gubernatorial COVID-19 directive was in force and HB 1295, SB 188 and SB 190 were repealed July 1, 2021; the judicial emergency and the circuit orders the Unified Judicial System listed as 'currently approved' on Sept. 8, 2021 were in force, including the Second Circuit's July 1, 2021 order barring courthouse entry to diagnosed, quarantined, tested and symptomatic persons (effective July 6, 2021), its July 27, 2021 warrant order, the Fifth Circuit's jury-trial moratorium in discretionary form (Apr. 15, 2021), and the Fourth and Sixth Circuits' face-covering orders as amended; Brookings adopted emergency masking recommendations for the Delta wave (Res. 21-072, Aug. 24, 2021); EO 2021-08 remained; the federal layer and the tribal governments' measures operated on top. South Dakota never preempted local orders; it directed local governments to restrict gatherings and told businesses to obey local restrictions.

The six quarters

What the record shows in force in South Dakota on the first day and the last day of each quarter. Every exhibit named here opens its record. The orders of March 13 to 31, 2020 belong to the second quarter of 2020, because wages paid after March 12, 2020 fall in that quarter.

QuarterFirst dayLast day
2020 Q2Second quarter of 2020The quarter nationally →Apr. 1, 2020: EO 2020-04 State of Emergency (SD-001); EO 2020-08 directives to businesses, employers, health care and local governments (SD-005); State employees remote and out-of-state travel prohibited (SD-006); judicial emergency, 180-day rule suspended, circuit continuances and courthouse access limits (SD-045, SD-046, SD-047, SD-056, SD-057, SD-059, SD-060); Sioux Falls Ord. 28-20 ten-patron rule and venue closures (SD-039, SD-040); Rapid City Ord. 6412 closures (SD-063); Brookings Ord. 20-005 closures (SD-068); Minnehaha County ten-patron resolution (SD-037); CRST checkpoints (SD-044); HB 1295, HB 1296, SB 188-190 (SD-032 to SD-036).June 30, 2020: emergency continued by EO 2020-26 (SD-023); Back to Normal Plan mandatory (SD-017); telehealth, licensure and meeting suspensions (SD-004, SD-011, SD-013, SD-021, SD-022); motor-vehicle suspensions (SD-018, SD-024); judicial emergency; 2nd Circuit CIV 20-4 masks and access limits (SD-048); Brookings Ord. 20-007 ten-customer-or-half-capacity and staff masks (SD-070); Rapid City regulations extended to end of July (SD-067); CRST mandatory stay-at-home EO 02.5-2020-CR (SD-044).
2020 Q3Third quarter of 2020The quarter nationally →July 1, 2020: as at June 30; EO 2020-30 re-declaration on July 7 (SD-025).Sept. 30, 2020: EO 2020-30 emergency to Dec. 30 (SD-025); Back to Normal Plan (SD-017); judicial emergency; 6th Circuit face coverings (SD-055); Brookings Ord. 20-010 as extended by 20-017 and Ord. 20-019 face coverings with Res. 20-076 (SD-072 to SD-074); driver-license extensions (SD-025).
2020 Q4Fourth quarter of 2020The quarter nationally →Oct. 1, 2020: as at Sept. 30; 4th Circuit face coverings from Oct. 8 (SD-051).Dec. 31, 2020: EO 2020-34 emergency to June 30, 2021 (SD-027); EO 2020-33 remote meetings (SD-026); 2nd Circuit masks and half occupancy (SD-049); 1st Circuit face coverings (SD-058); 7th Circuit jury moratorium to Feb. 28, 2021 (SD-054); 4th Circuit moratorium to Dec. 31 (SD-050); Sioux Falls Ord. 114-20 face coverings (SD-061, SD-062); Brookings Ord. 20-029 (SD-077); Rapid City City-facility mask rule (SD-067).
2021 Q1First quarter of 2021The quarter nationally →Jan. 1, 2021: as at Dec. 31, 2020.Mar. 31, 2021: EO 2020-34 (SD-027); EO 2021-04 (SD-029); judicial emergency; 2nd Circuit masks (SD-049); Sioux Falls Res. 31-21 recommendations (SD-041); Brookings Ord. 21-013 staff masks and event masks (SD-079).
2021 Q2Second quarter of 2021The quarter nationally →Apr. 1, 2021: as at Mar. 31; 2nd Circuit CIV 21-4 from Apr. 6 (SD-084); Brookings Ord. 21-013 (SD-079).June 30, 2021: EO 2020-34 expires this day (SD-027); EO 2021-08 (SD-030); judicial emergency (SD-045, SD-046); 2nd Circuit CIV 21-4 (SD-084); 4th Circuit Civ. 21-1 (SD-086); 5th Circuit Thirteenth Amended (SD-089); 6th Circuit amended order (SD-085); Brookings recommendations repealed May 31 (SD-081).
2021 Q3Third quarter of 2021The quarter nationally →July 1, 2021: judicial emergency and 180-day suspension (SD-045, SD-046); 2nd Circuit CIV 21-4 to July 6 then the July 1, 2021 safety order (SD-084, SD-088); 4th, 5th and 6th Circuit orders (SD-085, SD-086, SD-089); EO 2021-08 (SD-030); federal layer; No gubernatorial COVID-19 directive; HB 1295, SB 188 and SB 190 repealed this day.Sept. 30, 2021: judicial emergency; UJS index of Sept. 8, 2021 listing the circuit orders as currently approved (SD-083); 2nd Circuit July 1 and July 27, 2021 orders (SD-088, SD-087); 4th, 5th, 6th Circuit orders (SD-085, SD-086, SD-089); EO 2021-08 (SD-030); Brookings Res. 21-072 recommendations from Aug. 24 (SD-082).

The end of general restrictions

The day the general business restrictions ended in South Dakota, the instrument that ended them, and what the record shows still in force afterward. The end of the general orders is not the end of the record: sector rules, standing duties and the federal layer continue past it.

End of general restrictions

2020-04-28 (EO 2020-12 rescinded); 2020-05-11 (EO 2020-13/-18 expired)

Instrument Executive Order 2020-20 (rescinding EO 2020-12 and adopting the Back to Normal Plan), with EO 2020-18's vulnerable-persons stay-home order expiring May 11, 2020

What remained in force

The State of Emergency (EO 2020-04 as continued by EOs 2020-15, 2020-26, 2020-30 and 2020-34) to June 30, 2021, with the Department of Health's 'authority and oversight of measures to control and contain the spread of COVID-19'; EO 2020-20's mandatory adoption of the Back to Normal Plan ('Every South Dakotan shall implement and follow'; 'Local governments shall follow the Plan'), including 'Continue remote learning' for schools, the 30 percent bed reserve and PPE conditions for hospitals and surgery centers, and 'Continue to restrict visits to senior care facilities and hospitals'; the regulatory suspensions (telehealth, licensure, meetings, motor vehicles, child care); HB 1295's injunctive enforcement of DOH directives (to July 1, 2021); the judicial emergency and every circuit order (through and beyond Sept. 30, 2021); city ordinances (Rapid City to the end of July 2020; Sioux Falls' business rules to May 2020 and its mask ordinance Nov. 21, 2020 to Mar. 13, 2021; Brookings' mandatory regime Mar. 23, 2020 to Apr. 27, 2021 and recommendations to May 31, 2021 and again from Aug. 24, 2021).

Preemption of local orders

South Dakota did not preempt local COVID-19 orders in 2020-2021. EO 2020-08 (Mar. 23, 2020) and EO 2020-12 (Apr. 6, 2020) directed 'All local and municipal governments' to 'Restrict public gatherings of ten people or more, unless it is necessary' and to 'Review the business practices of each enclosed retail business that promotes public gatherings in their community for compliance'; the Back to Normal Plan (EO 2020-20, Apr. 28, 2020) told businesses they 'must adhere to any local restrictions' and told local governments to 'Consider current and future actions in light of these guidelines.' Sioux Falls, Rapid City and Brookings legislated under SDCL 9-29-1 and 9-32-1 (Sioux Falls through its Board of Health under SDCL 9-32-2 and Code § 92.053). EO 2021-08 (Apr. 20, 2021) used 'should' for local governments' vaccine-passport policies and bound only executive-branch agencies. 2020 SB 191 (emergency public-health authority for counties and municipalities) was Senate-engrossed on Mar. 30, 2020 but never enrolled and did not become law; Rapid City's page records that a one-reading emergency-ordinance provision 'was removed from the bill early on the advice of the governor's office.' No 2020-2021 statute barring local mask, capacity or closure orders was located.

Third quarter of 2021

July 1 through September 30, 2021, the last claimable quarter: the instruments the record shows in force in South Dakota. An order in force on any day of the quarter is an order in force during it. The quarter nationally →

In force (13)

  • SD-045 Supreme Court Order Declaring Judicial Emergency (Mar. 13, 2020; listed as currently approved Sept. 8, 2021)
  • SD-046 Supreme Court Order Suspending 180-Day Rule
  • SD-083 UJS COVID-19 Response orders index as captured Sept. 8, 2021 (the list of orders then approved)
  • SD-088 2nd Circuit Standing Order Regarding COVID-19 Courthouse Safety Measures (July 1, 2021; effective July 6, 2021): entry barred to diagnosed, quarantined, pending-test and symptomatic persons and those living with them; screening; masks discretionary
  • SD-087 2nd Circuit Standing Order revoking the warrant-conversion order (July 27, 2021)
  • SD-084 2nd Circuit Standing Order CIV 21-4 (Apr. 6, 2021) through July 6, 2021
  • SD-086 4th Circuit Administrative Order Civ. 21-1 (May 27, 2021; face-covering provisions effective June 1, 2021; until further order); 21-1 (SD-086)'; SD-051 in_force_quarters end at 2021Q2)
  • SD-089 5th Circuit Thirteenth Amended COVID-19 Procedure Order (Apr. 15, 2021): jury-trial moratorium of Mar. 16, 2020 continued in discretionary form
  • SD-085 6th Circuit Amended Order Requiring Face Coverings as Necessary (June 1, 2021) and 6th Circuit Fourth Amended Procedures (listed)
  • SD-030 EO 2021-08 vaccine-passport prohibition (State agencies; no expiration)
  • SD-082 Brookings Resolution 21-072 (Aug. 24, 2021): emergency recommendations for indoor masking regardless of vaccination status, until amended or repealed
  • SD-008 EO 2020-11 disaster declaration (runs three months past the federal PHE)
  • Federal layer in South Dakota (FED-A/FED-B): CDC conveyance mask order and TSA security directives; OSHA Healthcare ETS, 29 C.F.R. § 1910.502; presidential entry proclamations and DHS land-border notices; CMS conditions of participation

Sector chronology

How the orders reached each kind of business in South Dakota, sector by sector, in the order the record gives. Open a sector to read its chronology; every exhibit named opens its record.

Restaurants and bars

EO 2020-08 (Mar. 23, 2020) 'should' and EO 2020-12 (Apr. 6-28, 2020) 'shall' suspend or modify practices involving ten or more people indoors; dine-in closed by ordinance in Brookings (Ord. 20-005, Mar. 23 to Apr. 8, 2020), Rapid City (Ord. 6412, Mar. 27 to Apr. 8, 2020) and limited to ten patrons in Sioux Falls (Ord. 28-20, Mar. 26, 2020); reopening at half capacity with six-foot spacing and masked food-service staff in Rapid City (Apr. 27 to end of July 2020) and Brookings (May 4, 2020 to Apr. 27, 2021); Sioux Falls face coverings in bars and restaurants Nov. 21, 2020 to Mar. 13, 2021; Brookings masking recommendations Aug. 24, 2021.

Retail

Grocery and retail exempt from closures; ten customers or one per 200 square feet (Rapid City, Apr. 27, 2020) and ten customers or half capacity (Brookings, May 4, 2020 to Feb. 2021, then half capacity to Apr. 27, 2021); Sioux Falls indoor-retail face coverings Nov. 21, 2020 to Mar. 13, 2021.

Personal care

Brookings closed salons, barber shops and spas Mar. 23 to Apr. 8, 2020; salon, nail and barber employees masked with six-foot customer seating in Rapid City (Apr. 27, 2020) and Brookings (May 4, 2020 through Ord. 21-013, Mar. 23, 2021: 'must wear masks').

Fitness and entertainment

Health clubs, athletic facilities, theaters, arcades, bowling alleys, casinos and skating rinks closed in Brookings (Mar. 23) and Rapid City (Mar. 27) through Apr. 8, 2020; Sioux Falls City venues (PREMIER Center, Convention Center, Arena, Orpheum, Washington Pavilion, aquatic center, zoo) closed from Mar. 26, 2020; equipment disinfection between users and marked-off theater seats from Apr. 27 and May 4, 2020; Brookings capacity limits to Apr. 27, 2021.

Hotels and short-term rentals

No lodging ban or traveler quarantine; hotel room service exempt from closures (Ords. 6412, 20-005, 28-20); enhanced hotel-room cleaning required in Rapid City (Apr. 27, 2020) and recommended in Brookings (May 2020).

Offices and telework

State executive-branch employees ordered to 'report to work remotely and not report to state offices' Mar. 15 to May 2, 2020, with out-of-state travel 'prohibited' (EOs 2020-05, -06, -09; rescinded by EO 2020-22, May 1, 2020); private employers 'should' (EO 2020-08) and 'shall' (EO 2020-12) 'Encourage staff to telework if possible... limit unnecessary work gatherings, limit non-essential travel'; Plan (Apr. 28, 2020): 'If previously operating via telework, begin transitioning employees back to the workplace'; City Halls closed to the public in Sioux Falls and Rapid City (Mar. 2020); public meetings by teleconference (EO 2020-14, Apr. 7, 2020 to June 30, 2021).

Manufacturing

No closure order; Smithfield Foods' Sioux Falls plant closed Apr. 12-15, 2020 after the Secretary of Health's Order 2020-01 Declaring Public Health Emergency in Minnehaha County (Apr. 10, 2020; recited in EO 2020-17 and quoted in the 2nd Circuit's CIV 20-4); EO 2020-19 (Apr. 24, 2020) recites that 'Some South Dakota industrial facilities have reduced their operations or closed their facilities due to COVID-19'.

Construction

No State or local closure; Brookings' tabled stay-at-home ordinance (Ord. 20-006, Apr. 14, 2020) listed construction as essential; public bid openings moved to teleconference (EO 2020-14).

Real estate

County courthouses 'reduced operations or closed county offices' (EO 2020-21 recital, Apr. 30, 2020) and reopened by July 7, 2020 (EO 2020-30); titling and registration deadlines suspended to Aug. 1, 2020; appraiser and abstracter rules suspended (EO 2020-19); no showing or open-house order.

Hospitals and long-term care

DOH oversight of control measures (EO 2020-04 onward); Plan (Apr. 28, 2020 to June 30, 2021): COVID hospitals 'should reserve 30% of their hospital beds', 'Other hospitals and surgery centers must have updated transfer protocols and adequate stores of independently-sourced PPE', 'Continue to restrict visits to senior care facilities and hospitals'; telehealth rules suspended (EOs 2020-07, -16); trauma-hospital inspections suspended (EO 2020-24); EMAC licensure (EO 2020-07).

Dental and elective health care

'Postpone all non-essential elective surgeries' (EO 2020-08 should, Mar. 23; EO 2020-12 shall, Apr. 6 to Apr. 28, 2020); Plan: 'Non-hospital healthcare can resume with adequate stores of independently sourced PPE'; licensure exam and CE suspensions (EOs 2020-16, -19, -25); dentists permitted to administer vaccines (EO 2021-04, Feb. 5, 2021); no dental-board order located.

Schools

Governor's recommendation to close Mar. 16-20, 2020 (recited in Ords. 28-20 and 20-005: 'all schools in the State of South Dakota have been closed for at least two weeks'), extended to May 1 (Mar. 24) and to the year's end (Apr. 6); SB 188 and SB 189 (Mar. 30, 2020) waived hours and accountability; Plan: 'Continue remote learning' (Apr. 28, 2020); fall 2020 and 2021-22 left to districts; no State mask or quarantine rule for schools.

Child care

Never ordered closed (Plan FAQ); ratio and staff-training rules suspended (EOs 2020-16, 2020-34); EO 2020-34 recites staff 'periodically absent from work due to quarantine or isolation requirements'.

Worship and gatherings

Local governments directed to 'Restrict public gatherings of ten people or more' (EO 2020-08/12, Mar. 23 to Apr. 28, 2020); no statewide cap; Plan FAQ: 'Churches were never required to close'; CRST prohibited gatherings of ten or more on its reservation (EO 02.3-2020-CR, Apr. 8, 2020).

Courts and public offices

Judicial emergency Mar. 13, 2020 through and beyond Sept. 30, 2021; jury trials continued Mar.-Apr. 2020 (1st, 4th, 7th Circuits); moratoria Nov. 2020 to Dec. 31, 2020 (4th) and Feb. 28, 2021 (7th); 5th Circuit moratorium of Mar. 16, 2020 amended to discretionary Apr. 15, 2021; 2nd Circuit courthouse access limits from Apr. 15, 2020, masks mandatory to July 6, 2021, entry bars continuing through Q3 2021; driver-license exam stations closed then appointment-only with expirations extended (EOs 2020-28, -30, 2021-04; SB 190); City Halls closed to the public Mar. 2020.

Travel and quarantine

No State travel order; State employees' out-of-state travel prohibited Mar. 15 to May 2, 2020; DOH isolation and quarantine directives enforceable by injunction under HB 1295 (Apr. 1, 2020 to July 1, 2021); DOH guidance 'Stay at home (quarantine)... for 14 days after your last contact' (Sept. 1, 2020); CRST checkpoints with travel-plan forms from Apr. 1, 2020 and mandatory 14-day quarantines from Apr. 8, 2020; courthouse entry barred to recent international travelers (Mar. 2020) and to quarantined persons (through Q3 2021).

Face coverings

No State order ('Masks have never been required', Plan FAQ); court orders: 2nd Circuit Apr. 15, 2020, Oct. 20, 2020, Apr. 6, 2021 (mandatory to July 6, 2021); 6th Circuit Sept. 27, 2020 (discretionary from June 1, 2021); 4th Circuit Oct. 8, 2020 (discretionary from June 1, 2021); 1st Circuit Oct. 19, 2020; Brookings public mask ordinance Sept. 8, 2020 to Apr. 27, 2021 (staff masks to Apr. 27, 2021); Sioux Falls indoor retail Nov. 21, 2020 to Mar. 13, 2021; Brookings recommendations Aug. 24, 2021.

Vaccination mandates

None by the State; EO 2021-08 (Apr. 20, 2021) prohibits State agencies' vaccine-passport requirements; EO 2021-14 (Oct. 27, 2021, post-period) exempts State employees from federal mandates on medical or religious statement; health-system mandates were private.

Standing duties

The statutes, codes and penalty provisions of South Dakota that stood before March 2020 and ran through every claimable quarter. They are the reason nothing an employer did under the orders was voluntary. Read the South Dakota duties →

South Dakota is the State the Service treats as the paradigm of no restrictions, and it is the State in which the standing law did the most work, because the Governor's own mandatory business order (EO 2020-12, Ex. SD-009) ran only from April 6 to April 28, 2020. Four standing bodies of law, none written for COVID-19 and none dependent on the life of an executive order, commanded the measures the Service calls voluntary. First, the contagious-disease statutes and rules. The Department of Health 'shall establish and direct the operations of a state-wide system for communicable disease prevention, control, and treatment' and may prescribe by rule 'methods and procedures for the prevention and control of communicable disease,' 'the monitoring, quarantine, and isolation of any patient or carrier' and 'infection prevention measures' (SDCL 34-22-9(4), (5), (8)); it enforces those regulations 'through isolation, prevention, and treatment' (34-22-14); 'the diagnosis, control, and treatment of suspected or confirmed cases of communicable diseases in the state shall be under the supervision and surveillance of the department' (34-22-17); any person subject to a declared public health emergency 'who fails to follow the reasonable and necessary directives of the department issued for the protection of other persons, is guilty of a Class 1 misdemeanor' (34-22-18: one year, $2,000; Ex. DUT-SD-001, DUT-SD-007); the department may enjoin a person who 'presents a health threat to others' (34-22-18.1, as amended March 31, 2020 by HB 1295, Ex. SD-032, and again by SL 2021, ch 147 for July 1, 2021 to June 30, 2022); and the Secretary of Health did declare a public health emergency under 34-22-42 for Minnehaha County on April 10, 2020 'for the sole purpose of facilitating and enforcing public health orders by the Department of Health' (Ex. DUT-SD-004, supplying the text of Ex. SD-090). The department's general statute lets it 'adopt and enforce... orders and rules necessary to preserve and protect the public health' and 'prohibit and suppress' 'the disinfection and quarantine of persons and places in case of disease' (34-1-17(5); Ex. DUT-SD-002), and its rules define the 'public health measure' it may impose 'on persons or property' to include 'environmental sanitation, closure of establishment, exclusion from duty, isolation, quarantine' (ARSD 44:20:01:01(38)), prescribe 'physical isolation for the period of communicability' for airborne diseases (44:20:03:02(1)), and make 'the owner or operator of the food producing, processing, or service establishment or the employer of the food handler... responsible for ensuring compliance' with the exclusion of infected food handlers (44:20:03:09; Ex. DUT-SD-003). 'Every person who intentionally commits any act which grossly endangers the public health is guilty of a Class 1 misdemeanor' (34-16-1; Ex. DUT-SD-005). Second, the emergency-management and municipal statutes. The Governor 'may control... the movement of persons within the area, and the occupancy of premises within the area' and 'make, amend, and rescind the necessary orders' (34-48A-5(5), 34-48A-9; Ex. DUT-SD-006, SD-033); chapter 34-48A carries no criminal penalty of its own, and the record says so. Every municipality 'shall have power to do what may be necessary or expedient for the promotion of health or the suppression of disease' (9-32-1; Ex. DUT-SD-008) and may punish ordinance violations up to the Class 2 misdemeanor ceiling (9-19-3, 22-6-2(2); Ex. DUT-SD-009, DUT-SD-007): the Sioux Falls, Rapid City and Brookings closure and reopening ordinances rested on those powers and carried those penalties (Ex. SD-039, SD-064, SD-070). Third, the workplace duty. South Dakota has no State OSHA plan; the general duty clause, 29 U.S.C. 654(a)(1), bound every private employer to furnish 'a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm' (Ex. DUT-SD-012), and OSHA enforced it against a Sioux Falls employer on September 10, 2020 (Ex. AGY-FED-LABOR-IMMIGRATION-031). State law adds the civil duty: 'An employer shall in all cases indemnify an employee for losses caused by the employer's want of ordinary care' (60-2-3; Ex. DUT-SD-010) and 'Every person is responsible for injury to the person... of another caused by... his want of ordinary care or skill' (20-9-1; Ex. DUT-SD-011). Fourth, the sanitary code: every food service and lodging establishment operates only under a Department of Health license, subject to summary suspension for 'a hazardous condition that may immediately endanger human life or be seriously detrimental to public health,' with a Class 2 misdemeanor for each day of operation after a notice of closure (34-18-9, -27, -27.1, -32; Ex. DUT-SD-015), and the Food Service Code commands that 'the person in charge must exclude an ill employee' (ARSD 44:02:07:07; Ex. DUT-SD-016). The liability shield, HB 1046 (SL 2021, ch 99; signed February 18, 2021; Ex. DUT-SD-013, DUT-SD-014), is recorded exactly: it bars exposure claims against premises possessors absent 'intentional exposure... with the intent to transmit COVID-19,' contains no compliance condition, and names the 'public health guidance' of the CDC, CMS, OSHA, the Governor and every State agency as the body of directives to which health-care acts responded. The operating conditions of the State's own orders are quoted from the library: EO 2020-12 ('All employers... shall: 6. Implement the recommended CDC hygiene practices and other business strategies... (staggering shifts, flexible schedules, employee screenings, etc.)'; Ex. SD-009) and EO 2020-20 ('Every South Dakotan shall implement and follow' the Back to Normal Plan, whose employer provisions are phrased as recommendations and whose FAQ states that businesses 'must adhere to any local restrictions'; Ex. SD-017). No South Dakota Attorney General opinion issued in 2020 or 2021 (the Attorney General's opinion archive lists none for either year), and no South Dakota court decision on business compliance with a COVID-19 directive was located; the enforcement record is federal (Ex. AGY-FED-LABOR-IMMIGRATION-031) and municipal (Ex. SD-039, SD-064, SD-070).

The question these duties answer

Whether the measures employers took beyond the four corners of the emergency orders were voluntary within Notice 2021-20 Q&A-14, or were the discharge of standing duties imposed by South Dakota and federal law.

By character

  • 4 Sanitary code duty
  • 3 Order penalty
  • 3 Statutory authority
  • 3 Statutory duty
  • 2 Liability shield condition
  • 2 Recommendation only
  • 2 Workplace duty

Exhibits

Ex. DUT-SD-001 Ex. DUT-SD-002 Ex. DUT-SD-003 Ex. DUT-SD-004 Ex. DUT-SD-005 Ex. DUT-SD-006 Ex. DUT-SD-007 Ex. DUT-SD-008 Ex. DUT-SD-009 Ex. DUT-SD-010 Ex. DUT-SD-011 Ex. DUT-SD-012 Ex. DUT-SD-013 Ex. DUT-SD-014 Ex. DUT-SD-015 Ex. DUT-SD-016 Ex. DUT-SD-017 Ex. DUT-SD-018 Ex. DUT-SD-019

On the calendar

Every dated instrument in the South Dakota file across the nineteen months from March 2020 through September 2021, in the order it took effect. A bar takes the color of the instrument's first limitation type and runs from its effective month through its end month; a fading edge marks an instrument whose end the record does not date. Point at a bar for its dates; open the bar for the record.

Emergency declaration 7Stay-at-home 5Business closure 11Telework mandate 7Capacity limit 11Gathering cap 6Face-covering requirement 26Travel and quarantine 6Schools and child care 6Health care orders 7Alcohol and bars 5Events and venues 6Courts and public offices 32Workplace rules 9Vaccination or testing 2Quarantine and isolation 7Supply chain 3Other 12

All instruments

Every record in the South Dakota file, in the order it took effect. Filter by quarter and by limitation type; sort by any column; open the exhibit ID for the record and the operative words, or the file where The COVID Project holds it.

ExhibitInstrumentIssuerLevelEffectiveEndQuartersLimitationsSourceFile
Ex. SD-091Executive Order No. 218 (Mayor)Declaration of emergency to address the novel Coronavirus COVID-19Mayor Paul TenHakenCityMar. 12, 2020Mar. 9, 20212020 Q22020 Q32020 Q42021 Q1Emergency declarationConfirmed from a secondary source—
Ex. SD-001Executive Order 2020-04Declaration of State of Emergency (COVID-19)Governor Kristi NoemStateMar. 13, 2020June 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Emergency declarationSupply chainPrimary source readPDF 9.5 MB
Ex. SD-045Order Declaring Judicial Emergency COVID-19 DiseaseSouth Dakota Supreme Court (Gilbertson, C.J.)CourtMar. 13, 2020Sept. 8, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Courts and public officesPrimary source readPDF 76 KB
Ex. SD-046Order Suspending 180-Day Rule (23A-44-5.1)Order Suspending 180-Day RuleSouth Dakota Supreme Court (Gilbertson, C.J.)CourtMar. 13, 2020Sept. 8, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Courts and public officesPrimary source readPDF 42 KB
Ex. SD-002Executive Order 2020-05Non-essential State personnel to work remotely; work-related out-of-state travel prohibitedGovernor Kristi NoemStateMar. 15, 2020June 30, 20202020 Q2Telework mandateTravel and quarantinePrimary source readPDF 4.4 MB
Ex. SD-0606th Judicial Circuit COVID-19 Procedures6th Judicial Circuit COVID-19 Procedures (March 15, 2020)Sixth Judicial CircuitCourtMar. 15, 2020June 30, 20202020 Q2Courts and public officesQuarantine and isolationPrimary source readPDF 167 KB
Ex. SD-047Standing Order Regarding COVID-19 Courthouse Safety MeasuresPresiding Judge Robin J. Houwman, Second Judicial CircuitCourtMar. 16, 2020Apr. 30, 20202020 Q2Travel and quarantineCourts and public officesQuarantine and isolationPrimary source readPDF 85 KB
Ex. SD-056Order Regarding Seventh Circuit COVID-19 ProtocolPresiding Judge Craig A. PfeifleCourtMar. 16, 2020June 30, 20202020 Q2Courts and public officesPrimary source readPDF 105 KB
Ex. SD-057Administrative Order #1 Re: COVID-19 Pandemic Response, Civ. 20-1Administrative Order #1 Re: COVID-19 Pandemic ResponsePresiding Judge Cheryle GeringCourtMar. 16, 2020Apr. 30, 20202020 Q2Courts and public officesPrimary source readPDF 79 KB
Ex. SD-066COVID-19 Updates page, March 19 to May 2020 entries (rendered capture)Rapid City COVID-19 Updates (March-May 2020)City of Rapid City (Mayor's Office / City Council COVID-19 Updates page)CityMar. 19, 2020June 30, 20202020 Q2Business closureCourts and public officesOtherPrimary source readPDF 610 KB
Ex. SD-003Executive Order 2020-06Extension of EO 2020-05 (State personnel remote; out-of-state travel prohibited)Governor Kristi NoemStateMar. 22, 2020Mar. 28, 20202020 Q2Telework mandateTravel and quarantinePrimary source readPDF 2.1 MB
Ex. SD-004Executive Order 2020-07Suspension of telehealth, medication-dispensing and Medicaid hearing rules; EMAC licensure; overweight relief…Governor Kristi NoemStateMar. 23, 2020June 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Health care ordersSupply chainPrimary source readPDF 355 KB
Ex. SD-005Executive Order 2020-08COVID-19 directives to South Dakotans, employers, enclosed retail businesses that promote public gatherings…Governor Kristi NoemStateMar. 23, 2020May 2, 20202020 Q2Business closureTelework mandateGathering capHealth care ordersWorkplace rulesPrimary source readPDF 463 KB
Ex. SD-059Fourth Judicial Circuit Administrative Order #2 Re: COVID-19 Pandemic ResponseAdministrative Order #2 Re: COVID-19 Pandemic ResponsePresiding Judge Michael W. DayCourtMar. 23, 2020May 27, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Travel and quarantineCourts and public officesQuarantine and isolationPrimary source readPDF 410 KB
Ex. SD-068Ordinance 20-005An Emergency Ordinance to Address a Public Health Crisis by Implementing Certain Measures Which Have Been…Brookings City Council (Mayor Keith W. Corbett)CityMar. 23, 2020Apr. 8, 20202020 Q2Business closureAlcohol and barsEvents and venuesPrimary source readPDF 271 KB
Ex. SD-007Executive Order 2020-10Suspension of group-home capacity, educator-preparation and winter-fuel rulesGovernor Kristi NoemStateMar. 26, 2020July 7, 20202020 Q22020 Q32020 Q42021 Q12021 Q2Schools and child careOtherPrimary source readPDF 4.4 MB
Ex. SD-039Ordinance No. 28-20An Ordinance... Adopting the Sioux Falls Board of Health Second Amended and Restated Regulations Pertaining to…Sioux Falls City Council, adopting the Sioux Falls Board of Health Second Amended and Restated RegulationsCityMar. 26, 2020Apr. 8, 20202020 Q2Business closureTelework mandateGathering capAlcohol and barsEvents and venuesPrimary source readPDF 3.5 MB
Ex. SD-037Coronavirus Resolution of March 27, 2020 (press release describing it)Minnehaha County Commission Approves Coronavirus Resolution to Limit SpreadMinnehaha County Board of CommissionersCountyMar. 27, 2020June 30, 20202020 Q2Business closureGathering capConfirmed from a secondary sourcePDF 150 KB
Ex. SD-040Operating Under the 'No Lingering' Ordinance (flow chart, last updated 3/27/2020)Operating Under the 'No Lingering' OrdinanceCity of Sioux FallsCityMar. 27, 2020June 30, 20202020 Q2Business closureGathering capPrimary source readPDF 107 KB
Ex. SD-063Ordinance No. 6412An Emergency Ordinance to Address a Public Health Crisis by Implementing Certain Measures Which Have Been…Rapid City Common Council (Mayor Steve Allender)CityMar. 27, 2020Apr. 8, 20202020 Q2Business closureAlcohol and barsEvents and venuesPrimary source readPDF 198 KB
Ex. SD-006Executive Order 2020-09State personnel remote and out-of-state travel prohibited, extended to May 2, 2020Governor Kristi NoemStateMar. 29, 2020May 2, 20202020 Q2Telework mandateTravel and quarantinePrimary source readPDF 143 KB
Ex. SD-0342020 Senate Bill 188 (enrolled), amending SDCL 13-26-1An Act to account for educational opportunities provided to students during a state of emergency and to…South Dakota Legislature; signed by the GovernorStateMar. 30, 2020July 1, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Schools and child carePrimary source readPDF 139 KB
Ex. SD-0352020 Senate Bill 189 (enrolled)An Act to provide exemptions from certain requirements for the 2019-2020 school year and to declare an…South Dakota Legislature; signed by the GovernorStateMar. 30, 2020June 30, 20202020 Q2Schools and child carePrimary source readPDF 140 KB
Ex. SD-0362020 Senate Bill 190 (enrolled)An Act to revise certain driver licensing requirements to allow for an extension during a statewide emergency…South Dakota Legislature; signed by the GovernorStateMar. 30, 2020July 1, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Courts and public officesPrimary source readPDF 140 KB
Ex. SD-008Executive Order 2020-11Declaration of disaster in all sixty-six counties and nine tribal reservationsGovernor Kristi NoemStateApr. 2, 2020Sept. 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Emergency declarationPrimary source readPDF 153 KB
Ex. SD-010Executive Order 2020-13Vulnerable Individuals Stay At Home order for residents and visitors of Minnehaha and Lincoln CountiesGovernor Kristi NoemStateApr. 6, 2020Apr. 27, 20202020 Q2Stay-at-homePrimary source readPDF 6.2 MB
Ex. SD-094Ordinance No. 6413 (April 2020 readoption of the March 27 closures) and the June 2020 extension of the COVID regulations to the end of July 2020Ordinance 6413 and June 2020 extensionRapid City Common CouncilCityApr. 6, 2020Sept. 30, 20202020 Q22020 Q3Business closureCapacity limitConfirmed from a secondary source—
Ex. SD-011Executive Order 2020-14Suspension of teacher-evaluation rules, physical-location requirement for public meetings and bid openings…Governor Kristi NoemStateApr. 7, 2020June 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Courts and public officesOtherPrimary source readPDF 317 KB
Ex. SD-069Ordinance 20-005 (REVISED)An Emergency Ordinance to Address a Public Health Crisis... (Revised)Brookings City CouncilCityApr. 8, 2020May 12, 20202020 Q2Business closurePrimary source readPDF 142 KB
Ex. SD-012Executive Order 2020-15State of Emergency continued to May 31, 2020; EOs 2020-07, -10, -14 extendedGovernor Kristi NoemStateApr. 9, 2020May 31, 20202020 Q2Emergency declarationPrimary source readPDF 299 KB
Ex. SD-042COVID-19 Response: orders currently approved (index, April 2020 version)COVID-19 ResponseSouth Dakota Unified Judicial SystemCourtApr. 10, 2020June 30, 20202020 Q2Courts and public officesPrimary source readPDF 465 KB
Ex. SD-013Executive Order 2020-16Suspension of health-care licensure, telehealth prior-relationship, foster-care, shelter-care and child-care…Governor Kristi NoemStateApr. 15, 2020June 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Schools and child careHealth care ordersPrimary source readPDF 1.4 MB
Ex. SD-048Amended Standing Order CIV 20-4 Regarding Declaration of Public Health Emergency in Minnehaha CountyStanding Order Regarding Declaration of Public Health Emergency in Minnehaha CountyPresiding Judge Robin J. Houwman; approved by the Supreme Court (Gilbertson, C.J.) April 14, 2020CourtApr. 15, 2020Sept. 30, 20202020 Q22020 Q3Face-covering requirementCourts and public officesPrimary source readPDF 121 KB
Ex. SD-014Executive Order 2020-17Regulatory flexibility for pork producers after the temporary closure of a Minnehaha County processing plantGovernor Kristi NoemStateApr. 20, 2020Dec. 18, 20202020 Q22020 Q32020 Q4Supply chainPrimary source readPDF 300 KB
Ex. SD-016Executive Order 2020-19Suspension of appraiser distance-education, abstracter examination and facility late-fee rules; corrections to…Governor Kristi NoemStateApr. 24, 2020Dec. 18, 20202020 Q22020 Q32020 Q42021 Q12021 Q2OtherPrimary source readPDF 343 KB
Ex. SD-015Executive Order 2020-18Extension and restatement of EO 2020-13 (Vulnerable Individuals Stay At Home) to May 11, 2020Governor Kristi NoemStateApr. 27, 2020May 11, 20202020 Q2Stay-at-homePrimary source readPDF 449 KB
Ex. SD-065Guide to Ease Restrictions (Rapid City's Plan to Ease Restrictions)Guide to Ease RestrictionsCity of Rapid CityCityApr. 27, 2020June 30, 20202020 Q2Capacity limitWorkplace rulesPrimary source readPDF 7.5 MB
Ex. SD-018Executive Order 2020-21Suspension of motor-vehicle, boat and manufactured-home titling, registration and seller's-permit deadlines…Governor Kristi NoemStateApr. 30, 2020Aug. 1, 20202020 Q22020 Q3Courts and public officesPrimary source readPDF 538 KB
Ex. SD-044Complaint in Cheyenne River Sioux Tribe v. Trump, No. 1:20-cv-01709 (D.D.C. June 23, 2020), reciting Emergency Executive Orders 02.1-2020-CR (Apr. 1, 2020; checkpoints and travel plans), 02.2-2020-CR (Apr. 8, 2020; 14-day quarantines) and successorsComplaint for Injunctive and Declaratory ReliefCheyenne River Sioux Tribe (complaint filed in the U.S. District Court for the District of Columbia)TribalApr. 30, 2020Sept. 30, 20202020 Q22020 Q3Stay-at-homeBusiness closureGathering capTravel and quarantineAlcohol and barsQuarantine and isolationPrimary source readSource
Ex. SD-019Executive Order 2020-22Rescission of EO 2020-09; State personnel report to work as directed; out-of-state travel case by caseGovernor Kristi NoemStateMay 2, 2020May 31, 20202020 Q2Telework mandatePrimary source readPDF 4.2 MB
Ex. SD-071Resolution 20-038An Emergency Resolution Modifying Certain Measures Set Forth in Ordinance 20-005 (Revised) and Deemed…Brookings City CouncilCityMay 4, 2020May 31, 20202020 Q2Capacity limitFace-covering requirementWorkplace rulesPrimary source readDOCX 19 KB
Ex. SD-020Executive Order 2020-23Suspension of alcoholic-beverage license non-renewal for delinquent taxes and of Deadwood gaming…Governor Kristi NoemStateMay 11, 2020Dec. 18, 20202020 Q22020 Q32020 Q4Alcohol and barsPrimary source readPDF 273 KB
Ex. SD-021Executive Order 2020-24Suspension of trauma-hospital on-site inspections and funeral-establishment annual inspectionsGovernor Kristi NoemStateMay 18, 2020June 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Health care ordersPrimary source readPDF 4.2 MB
Ex. SD-022Executive Order 2020-25Licensure of health-care and behavioral-health applicants without proof of examination (examinations delayed…Governor Kristi NoemStateMay 26, 2020Nov. 30, 20202020 Q22020 Q32020 Q4Health care ordersPrimary source readPDF 4.5 MB
Ex. SD-023Executive Order 2020-26State of Emergency continued to December 30, 2020Governor Kristi NoemStateMay 26, 2020Dec. 30, 20202020 Q22020 Q3Emergency declarationPrimary source readPDF 4.3 MB
Ex. SD-024Executive Order 2020-28 (June 26, 2020); SD-025 (EO 2020-30, July 7, 2020); SD-029 (EO 2021-04, Feb. 5, 2021)Suspension of 2020 SB 113 permit changes; driver-license exam stations closed then by appointmentGovernor Kristi NoemStateJune 26, 2020June 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Courts and public officesPrimary source readPDF 308 KB
Ex. SD-025Executive Order 2020-30Rescission of EO 2020-26 and re-declaration of the State of Emergency; termination of certain suspensions…Governor Kristi NoemStateJuly 7, 2020Dec. 30, 20202020 Q32020 Q4Emergency declarationCourts and public officesPrimary source readPDF 594 KB
Ex. SD-072Ordinance 20-010An Ordinance Amending Emergency Ordinance 20-007 to Address a Public Health Crisis and to Revise Certain…Brookings City CouncilCityJuly 7, 2020Dec. 31, 20202020 Q32020 Q4Capacity limitFace-covering requirementWorkplace rulesPrimary source readDOCX 19 KB
Ex. SD-052Order Regarding Court Proceedings During the Sturgis Motorcycle RallyPresiding Judge Michael W. Day; approved by the Supreme Court August 5, 2020CourtAug. 7, 2020Aug. 16, 20202020 Q3Face-covering requirementEvents and venuesCourts and public officesPrimary source readPDF 294 KB
Ex. SD-073Ordinance 20-017An Ordinance Amending Ordinance 20-010 to Extend the Provisions Regarding a Public Health Crisis...Brookings City CouncilCitySept. 2, 2020Dec. 31, 20202020 Q32020 Q4Capacity limitFace-covering requirementWorkplace rulesPrimary source readDOC 26 KB
Ex. SD-074Ordinance 20-019An Ordinance Amending Ordinance 20-010 to Revise Certain Measures Which Have Been Deemed Necessary to Slow the…Brookings City CouncilCitySept. 8, 2020Oct. 27, 20202020 Q32020 Q4Face-covering requirementEvents and venuesPrimary source readDOC 26 KB
Ex. SD-038Flyer: 'Combat the Spread of COVID-19: Follow the Governor's Executive Order'Governor Noem is directing South Dakotans to do the followingOffice of the Governor / covid.sd.govStateSept. 21, 2020not dated2020 Q2Stay-at-homeTelework mandateGathering capHealth care ordersPrimary source readPDF 30 KB
Ex. SD-055Order Requiring the Wearing of Face Coverings as Part of COVID-19 Pandemic ResponseOrder Requiring the Wearing of Face CoveringsJudge Bobbi J. Rank for the Sixth Circuit; approved by the Supreme Court September 30, 2020CourtSept. 27, 2020June 1, 20212020 Q32020 Q42021 Q12021 Q2Face-covering requirementCourts and public officesPrimary source readPDF 57 KB
Ex. SD-051Order Requiring the Wearing of Face Coverings as Part of Covid-19 Pandemic ResponseOrder Requiring the Wearing of Face CoveringsPresiding Judge Michael W. Day; approved by the Supreme Court October 8, 2020CourtOct. 8, 2020June 1, 20212020 Q42021 Q12021 Q2Face-covering requirementCourts and public officesPrimary source readPDF 268 KB
Ex. SD-058Administrative Order #6 Re: COVID-19 Pandemic Response Requiring Face Coverings, Civ. 20-1Administrative Order #6 Requiring Face CoveringsPresiding Judge Cheryle Gering; approved by the Supreme Court October 20, 2020CourtOct. 19, 2020Sept. 8, 20212020 Q42021 Q12021 Q2Face-covering requirementCourts and public officesPrimary source readPDF 75 KB
Ex. SD-049Standing Order Regarding COVID-19 Courthouse Security Measures, CIV. 20-4 (October 20, 2020)Standing Order Regarding COVID-19 Courthouse Security MeasuresPresiding Judge Robin J. HouwmanCourtOct. 20, 2020Apr. 6, 20212020 Q42021 Q12021 Q2Capacity limitFace-covering requirementCourts and public officesQuarantine and isolationPrimary source readPDF 86 KB
Ex. SD-075Ordinance 20-028An Emergency Ordinance Amending Emergency Ordinance 20-010, as previously amended, to Extend and to…Brookings City CouncilCityOct. 27, 2020Dec. 15, 20202020 Q4Capacity limitFace-covering requirementWorkplace rulesPrimary source readDOC 76 KB
Ex. SD-076Current COVID-19 Phase Quick Guide (Phasing Plan)Current COVID-19 Phase Quick GuideCity of BrookingsCityOct. 27, 2020Dec. 31, 20202020 Q4Stay-at-homeBusiness closureCapacity limitPrimary source readPDF 145 KB
Ex. SD-053Order Regarding Moratorium on Jury TrialsPresiding Judge Craig A. Pfeifle; approved by the Supreme Court November 16, 2020CourtNov. 13, 2020Dec. 31, 20202020 Q4Courts and public officesPrimary source readPDF 58 KB
Ex. SD-050Order Regarding Moratorium on Jury Trials as Part of Covid-19 Pandemic ResponseOrder Regarding Moratorium on Jury TrialsPresiding Judge Michael W. Day; approved by the Supreme Court November 17, 2020CourtNov. 16, 2020Dec. 31, 20202020 Q4Courts and public officesPrimary source readPDF 67 KB
Ex. SD-061Sioux Falls COVID-19 Response page (rendered)Sioux Falls COVID-19 Response: Face Covering Ordinance; One Sioux Falls COVID Action PlanCity of Sioux Falls (siouxfalls.org/covid19, as captured December 29, 2020)CityNov. 21, 2020Dec. 31, 20202020 Q4Face-covering requirementPrimary source readPDF 391 KB
Ex. SD-062Face Covering Ordinance 114-20: Frequently Asked Questions (rendered)What You Need to Know About the Face Covering OrdinanceCity of Sioux Falls (Face Covering Ordinance FAQ page, captured January 28, 2021)CityNov. 21, 2020Mar. 13, 20212020 Q42021 Q1Face-covering requirementConfirmed from a secondary sourcePDF 130 KB
Ex. SD-092Face Covering Ordinance 114-20Face Covering OrdinanceSioux Falls City CouncilCityNov. 21, 2020Mar. 13, 20212020 Q42021 Q1Face-covering requirementConfirmed from a secondary sourceSource
Ex. SD-067COVID-19 Updates page, May to November 23, 2020 entries (rendered capture)Rapid City COVID-19 Updates (May-November 2020)City of Rapid City (COVID-19 Updates page)CityNov. 23, 2020Dec. 31, 20202020 Q22020 Q32020 Q4Capacity limitFace-covering requirementOtherPrimary source readPDF 807 KB
Ex. SD-026Executive Order 2020-33Suspension of physical-meeting requirements for cooperatives, electric cooperatives and nonprofits; school…Governor Kristi NoemStateDec. 9, 2020June 30, 20212020 Q42021 Q12021 Q2Schools and child careOtherPrimary source readPDF 787 KB
Ex. SD-077Ordinance 20-029 (marked version)An Emergency Ordinance Amending Emergency Ordinance 20-028 to Extend and to Comprehensively Adopt Provisions…Brookings City CouncilCityDec. 15, 2020Feb. 9, 20212020 Q42021 Q1Capacity limitFace-covering requirementWorkplace rulesPrimary source readPDF 52 KB
Ex. SD-054Second Order Regarding Moratorium on Jury TrialsOrder Regarding Moratorium on Jury Trials (extension)Presiding Judge Craig A. Pfeifle; approved by the Supreme Court December 17, 2020CourtDec. 16, 2020Feb. 28, 20212020 Q42021 Q1Courts and public officesPrimary source readPDF 67 KB
Ex. SD-027Executive Order 2020-34State of Emergency continued from December 31, 2020 to June 30, 2021; ten suspension orders extended…Governor Kristi NoemStateDec. 31, 2020June 30, 20212020 Q42021 Q12021 Q2Emergency declarationSchools and child carePrimary source readPDF 794 KB
Ex. SD-028Executive Order 2021-01Suspension of quarterly-meeting requirement for local emergency planning committeesGovernor Kristi NoemStateJan. 7, 2021June 30, 20212021 Q12021 Q2OtherPrimary source readPDF 421 KB
Ex. SD-043COVID-19 Response: orders currently approved (index, January 2021 version)COVID-19 ResponseSouth Dakota Unified Judicial SystemCourtJan. 10, 2021Mar. 31, 20212021 Q1Face-covering requirementCourts and public officesPrimary source readPDF 147 KB
Ex. SD-029Executive Order 2021-04180-day grace period for licenses lapsed during the station closures; dentists authorized to administer…Governor Kristi NoemStateFeb. 5, 2021June 30, 20212021 Q12021 Q2Health care ordersCourts and public officesPrimary source readPDF 604 KB
Ex. SD-078Ordinance 21-001An Emergency Ordinance Amending Emergency Ordinance 20-029 to Extend and to Comprehensively Adopt Provisions…Brookings City CouncilCityFeb. 9, 2021Mar. 23, 20212021 Q1Capacity limitFace-covering requirementWorkplace rulesPrimary source readPDF 142 KB
Ex. SD-041Resolution No. 31-21, One Sioux Falls COVID-19 Action PlanA Resolution... Outlining the Expectations for the People of Sioux Falls to Take Action to Reduce Transmission…Sioux Falls City CouncilCityMar. 13, 2021Sept. 30, 20212021 Q12021 Q22021 Q3Face-covering requirementOtherPrimary source readPDF 1.3 MB
Ex. SD-079Ordinance 21-013An Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend Certain Provisions to Address a Public…Brookings City CouncilCityMar. 23, 2021Apr. 27, 20212021 Q12021 Q2Face-covering requirementEvents and venuesWorkplace rulesPrimary source readDOCX 23 KB
Ex. SD-084Standing Order CIV. 21-4 Regarding COVID-19 Courthouse Security Measures (April 6, 2021)Standing Order Regarding COVID-19 Courthouse Security MeasuresPresiding Judge Robin J. Houwman; approved by the Supreme Court (Jensen, C.J.) April 8, 2021CourtApr. 6, 2021July 6, 20212021 Q22021 Q3Face-covering requirementCourts and public officesQuarantine and isolationPrimary source readPDF 83 KB
Ex. SD-089Fifth Judicial Circuit Thirteenth Amended COVID-19 Procedure OrderThirteenth Amended COVID-19 Procedure OrderPresiding Judge Jon S. Flemmer; approved by the Supreme Court (Jensen, C.J.) April 15, 2021CourtApr. 15, 2021Sept. 8, 20212021 Q22021 Q3Courts and public officesPrimary source readPDF 39 KB
Ex. SD-030Executive Order 2021-08Prohibition of COVID-19 vaccine passports by State executive agencies; local governments 'should' not require…Governor Kristi NoemStateApr. 20, 2021Sept. 30, 20212021 Q22021 Q3Vaccination or testingOtherPrimary source readPDF 1.4 MB
Ex. SD-080Resolution 21-024A Resolution Replacing the Mandatory Provisions set forth in Emergency Ordinance 21-013 with Recommendations…Brookings City CouncilCityApr. 27, 2021May 31, 20212021 Q2Face-covering requirementOtherPrimary source readPDF 152 KB
Ex. SD-081Resolution 21-043A Resolution Repealing Resolution 21-024 Pertaining to Safety Recommendations to Reduce the Spread of COVID-19Brookings City CouncilCityMay 31, 2021June 30, 20212021 Q2OtherPrimary source readDOCX 20 KB
Ex. SD-085Amended Order Requiring the Wearing of Face Coverings as Part of COVID-19 Pandemic Response as NecessaryAmended Order Requiring the Wearing of Face Coverings as NecessaryJudge Bobbi J. Rank; approved by the Supreme Court June 9, 2021CourtJune 1, 2021Sept. 8, 20212021 Q22021 Q3Face-covering requirementCourts and public officesPrimary source readPDF 46 KB
Ex. SD-086Administrative Order Re: COVID-19 Pandemic Response, Civ. 21-1Administrative Order Re: COVID-19 Pandemic Response (supersedes all previous Fourth Circuit COVID-19 orders)Presiding Judge Michael W. Day; approved by the Supreme Court May 27, 2021CourtJune 1, 2021Sept. 8, 20212021 Q22021 Q3Courts and public officesPrimary source readPDF 102 KB
Ex. SD-088Standing Order Regarding COVID-19 Courthouse Safety Measures (July 1, 2021)Standing Order Regarding COVID-19 Courthouse Safety MeasuresPresiding Judge Robin J. Houwman; approved by the Supreme Court (Jensen, C.J.) July 2, 2021CourtJuly 6, 2021Sept. 8, 20212021 Q3Face-covering requirementCourts and public officesQuarantine and isolationPrimary source readPDF 72 KB
Ex. SD-087Standing Order Revoking Standing Order Converting Misdemeanor Warrants (Notwithstanding Domestic Abuse, Stalking, Violation of Protection Orders, and Violations of No Contact Orders) to PR Bench Warrants, CIV 20-4Standing Order Revoking Warrant-Conversion OrderPresiding Judge, Second Judicial Circuit; approved by the Supreme Court (Jensen, C.J.) July 27, 2021CourtJuly 27, 2021Sept. 30, 20212021 Q3Courts and public officesPrimary source readPDF 65 KB
Ex. SD-082Resolution 21-072An Emergency Resolution Providing Recommendations Deemed Necessary to Slow the Community Spread of Coronavirus…Brookings City CouncilCityAug. 24, 2021Sept. 30, 20212021 Q3Face-covering requirementOtherPrimary source readDOCX 18 KB
Ex. SD-083COVID-19 Response: orders currently approved (index as captured September 8, 2021)COVID-19 ResponseSouth Dakota Unified Judicial SystemCourtSept. 8, 2021Sept. 30, 20212021 Q3Face-covering requirementCourts and public officesPrimary source readPDF 153 KB
Ex. SD-031Executive Order 2021-14State employees may decline COVID-19 vaccination on medical or religious statement (post-period)Governor Kristi NoemStateOct. 27, 2021not datedVaccination or testingPrimary source readPDF 443 KB

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