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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- 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 Executive Order 2020-12 is hereby rescinded.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 noteCited, 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.