The COVID Project
The record
- Jurisdiction
- South Dakota
- Level
- State
- Authority
- S.D. Codified Laws title 34, ch. 34-1 (State Department of Health)
- Issued
- 2026-09-29 Sept. 29, 2026
- Effective
- standing (read as 2026-09-29)
- End
- standing
- In force
- Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureQuarantine and isolationStanding duty
- Addressees
- persons generally; owners or persons in control of premises ('places') subject to disinfection or quarantine; licensees of the department
- Character
- statutory authority
- Collection
- Standing duties: South Dakota DUT-SD
Operative words
The Department of Health may adopt and enforce... orders and rules necessary to preserve and protect the public health and may regulate, by requiring licenses or other appropriate means, control, and, in proper cases, prohibit and suppress any of the following matters:... (5)... the disinfection and quarantine of persons and places in case of disease
Penalty
Judicial enforcement of any department order or legal command (34-1-28); the Class 1 misdemeanor of 34-22-18 where a public health emergency is declared (Ex. DUT-SD-001)
What it required
The Department of Health holds a standing power to adopt and enforce orders and rules 'necessary to preserve and protect the public health,' to license, control, 'prohibit and suppress' the disinfection and quarantine of 'persons and places in case of disease' (34-1-17(5)), and 'the failure to obey the process, subpoena, order, rule, regulation, judgment, or other legal command of the Department of Health or the violation of any rule, regulation, order, or legal command of the department may be enforced by proper legal proceedings in a court of competent jurisdiction' (34-1-28). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteSection 34-1-17 is the 'General Authority' recited in every rule of ARSD art. 44:20 and ch. 44:02:07 (Ex. DUT-SD-003, DUT-SD-016). EO 2020-04 sec. 2 (Ex. SD-001) vested the Department 'by and through the secretary' with 'the authority and oversight of measures to control and contain the spread of COVID-19' for the duration of the State of Emergency (to June 30, 2021).