The COVID Project
The record
- Jurisdiction
- South Dakota
- Level
- State
- Authority
- S.D. Codified Laws title 34, ch. 34-48A (Emergency Management)
- 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
- Emergency declarationStay-at-homeBusiness closureTravel and quarantine
- Addressees
- persons generally within a declared emergency area; owners or persons in control of premises; State agencies and political subdivisions
- Character
- statutory authority
- 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:... (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
Penalty
None in chapter 34-48A (recorded exactly: the chapter authorizes orders but attaches no offense to their violation; the Governor's 2020-2021 orders recited no penalty). The offenses that reached pandemic conduct are SDCL 34-22-18, 34-16-1, 34-22-5, 34-18-32 and municipal ordinance penalties under 9-19-3 (Ex. DUT-SD-001, DUT-SD-005, DUT-SD-015, DUT-SD-009)
What it required
The Act confers on the Governor 'the emergency powers provided by this chapter' (34-48A-2(2)), including the power to 'control... the movement of persons within the area, and the occupancy of premises within the area' (34-48A-5(5)), to suspend agency rules (34-48A-5(4)) and to 'make, amend, and rescind the necessary orders to carry out the provisions of this chapter' (34-48A-9); the chapter contains no criminal penalty for violating a gubernatorial order, and the immunity of 34-48A-49 runs to workers 'complying with or reasonably attempting to comply with this chapter, or any order.' Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteEvery 2020-2021 executive order in the State file recites 'SDCL 34-48A' as its authority (Ex. SD-001 to SD-031). HB 1296 (Ex. SD-033) added 'pandemic' to the list of emergencies in 34-48A-5(4) and the firearms limitation of 34-48A-5.1 on March 30, 2020; the current 34-48A-5(4) text no longer lists 'pandemic' in terms but retains 'epidemic.' The Governor's powers 'remain in effect for a period of six months and may be restored for one or more successive six-month periods,' the mechanism by which the State of Emergency was continued to June 30, 2021 (Ex. SD-023, SD-025, SD-027).