Author: Pat Powers

Noem Issues Executive Order Regarding COVID-19 Guidelines

PIERRE, S.D. – On March 23, Governor Kristi Noem signed an executive order outlining guidelines for all South Dakotans, for-profit and not-for-profit employers, enclosed retail businesses that promote public gatherings, local and municipal governments, and healthcare organizations as it relates to COVID-19 in the state of South Dakota.

The Executive Order reads:

Whereas, An outbreak of the severe respiratory disease, COVID-19, which is caused by and is transmitted by the person-to-person spread of the novel coronavirus, started in late 2019 and has currently been detected in more than 100 countries, including the United States; and,

Whereas, The World Health Organization has designated COVID-19 a pandemic, and the U.S. Centers for Disease Control and Prevention (CDC) has declared a public health emergency; and,

Whereas, The CDC has issued guidance to state and local governments and all citizens recommending steps to prevent community spread and guard against the COVID-19 outbreak; and,

Whereas, Executive Order 2020-04 declared South Dakota to be in a State of Emergency due to the COVID-19 pandemic; and,

Whereas, As members of a community, South Dakotans join together in times of crisis to confront difficult times and help their neighbors:

NOW, THEREFORE, I, KRISTI NOEM, Governor of the State of South Dakota, by the authority vested in me by the Constitution and the Laws of this State, including but not limited to SDCL 34-48A, do hereby Order and Direct the following:

Every South Dakotan should:

1. Review and practice the recommended CDC hygiene practices designed to stop the spread of the disease COVID-19 and encourage others to do so as well.
2. Know the signs and symptoms of COVID-19, call a health care provider if suffering symptoms in advance of a visit to a provider, and stay at home if sick.
3. Understand that those who are particularly vulnerable to COVID-19, including those over age 60 and those suffering from respiratory or cardiac conditions, should take extra precautions and remain home if possible.
4. Implement social distancing measures and support businesses who are adjusting their business model to reduce the spread of COVID-19.
5. Assist those who work in essential jobs such as emergency personnel, medical professionals, and law enforcement.

All employers, both for profit and not-for-profit, within the State of South Dakota should:

6. Implement the recommended CDC hygiene practices and other business strategies designed to reduce the likelihood of spreading the disease.
7. Understand that the COVID-19 is not a short-term challenge, and operations will need to endure a difficult and limited social environment for potentially eight weeks or more.
8. Innovate and continue to demonstrate entrepreneurial excellence in their operations during this difficult and uncertain environment.
9. Encourage staff to telework if possible, implement social distancing measures, limit unnecessary work gatherings, limit non-essential travel, and consider regular health checks including CDC guidance for COVID-19 screening if possible.
10. Offer, to the extent possible, special shopping times or access periods for populations particularly vulnerable to COVID-19.

Any “enclosed retail business that promotes public gatherings” within the State of South Dakota should:

11. Suspend or modify business practices as recommended by CDC guidance that involve ten or more people to be in an enclosed space where physical separation of at least six feet is not possible.
12. Continue offering or consider offering business models that do not involve public gatherings, including takeout, delivery, drive-through, curb-side service, off-site services, social distancing models, or other innovative business practices that do not involve public gatherings in an enclosed space.
13. Consider business arrangements and innovative ideas intended to support the critical infrastructure sectors, as defined by the Department of Homeland Security.

For the purpose of sections 11 through 13, an “enclosed retail business that promotes public gatherings” means any enclosed facility operating as a bar, restaurant, brewery, cafe, casino, coffee shop, recreational or athletic facility, health club, or entertainment venue.

All healthcare organizations within the State of South Dakota should:

14. Implement or Continue to follow CDC guidance and maintain their exceptional efforts to prepare for the expected surge of patients needing health care services as a result of the COVID-19 disease.
15. Postpone all non-essential elective surgeries to conserve (and thereby maximize) supplies of personal protective equipment (PPE).

All local and municipal governments within the State of South Dakota should:

16. Implement the recommended CDC hygiene practices and public employee arrangements designed to reduce the likelihood of spreading the disease, and take action based on facts, data, and science.
17. Restrict public gatherings of ten people or more, unless it is necessary.
18. Review the business practices of each “enclosed retail business that promotes public gatherings” in their community for compliance with this Executive Order and protect the ability of those businesses to innovate.
19. Encourage entrepreneurial innovation in the private sector to provide employment opportunities to protect the continued operation of the free market consistent with recommended CDC hygiene practices and understand that COVID-19 will impact their communities for potentially eight weeks or more.
20. Protect the critical infrastructure sectors, as defined by the Department of Homeland Security, such as healthcare services, pharmaceutical industry, and food supply entities, as these sectors have a special responsibility to maintain their normal work schedule.

Limitations:

1. This Order should be read in conjunction with the list that is attached to the Cybersecurity and Infrastructure Security Agency (CISA) memorandum dated March 19, 2020.
2. This Order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the State of South Dakota, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
3. Sovereign nations within the borders of South Dakota should review the matters set forth herein and make their own decisions in accordance with tribal law.
4. This Order is based on developing data, facts, and science and may be rescinded or amended, and shall expire on the earlier of when revoked, superseded, or automatically on May 2, 2020.

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Thune: Republicans Continue to Fight for American People While Democrats Prolong Process
“The country is burning, and [Democrats] want to play political games.”

WASHINGTON — U.S. Sen. John Thune (R-S.D.) today discussed his disappointment with the Democrats’ obstruction of the latest coronavirus relief legislation. Democrats have now voted twice to block this bipartisan legislation that would provide relief to Americans who are desperate for help. Thune emphasized that this action only further delays the process of getting families, hospitals, medical workers, those who are unemployed – people who need relief the most – the resources they need.

From SDPB, State Representative Bob Glanzer has tested positive for COVID-19:

Glanzer says he’s unsure how he came into contact with the coronavirus. He says notified house leadership he tested positive.

Glanzer represents Beadle and Kingsbury Counties. The 74-year-old has held the seat since 2017.

Read the entire story here.

Wow….  given the incubation period, who knows who else was affected..  Not to mention pulling off veto day might be a little more complicated.

Just spoke with a candidate this morning who related the following anecdote:

When I knocked on doors for signatures, 1 out of every 8 people answered.  People don’t like being bothered at home.  The times have changed and I need to adapt.

One out of every eight?!? WOW.

I also spoke with someone in politics who noted to me “I have a video doorbell. I’m a lot more selective about who I answer the door for.”

No wonder Liz May has placed such a high bounty on signatures.  In speaking with others, this has literally put a screeching halt to interpersonal interactions.  If you’re running for office and still need to collect signatures, you’d better be out there now, because you might need a lot of extra time.

This is why I always tell candidates to start early. It could just as easily be a snowy spring versus a coronavirus.

But more importantly, think you’re going to be doing a lot of door to door this election? At least for the primary, think again.

I just got done watching Governor Kristi Noem’s latest briefing on COVID-19, and I get the feeling that we might be in this for a while.

The Governor had noted that this may stretch out for the next 8 weeks, and as reporters were starting to drill down, there were a few questions at the end about such things as elective surgery, etc…. and the Governor made a point to note that there would be announcements later today.

At we start the second week of kids being home from school, I have the feeling we may be in for some more togetherness for a while.

There’s an e-mail that’s suddenly bombarding e-mailboxes across the state, with a number of people sending me an e-mail shocked that a South Dakota campaign is actually trying to do this. But Congressional wannabe Liz May’s Congressional effort has apparently put a value on petition signatures, and sent out the following e-mail:

The e-mail promises that for every sheet the recipient fills out, they will receive a $250 American Express Travel Privileges Card.

What’s the problem with this? Well, for staters, it teeters on the edge of what many state residents find palatable.

South Dakotans have registered their displeasure with per-signature payment practices for quite some time. In 2007, South Dakota passed House Bill 1156, and made it a law that petitioners could not be paid on a per signature basis in an effort to address the concerns about state ballot measures abusing the process, which created the following laws:

     12-5-1.6.   Reward prohibited–Violation as misdemeanor. No person may employ, reward, or compensate any person to circulate a petition for the organization of a political party based on the number of registered voters who signed the petition. Nothing in this section prohibits any person from employing a petition circulator based on one of the following practices….

 12-13-28.   Employment and compensation of petition circulators. No person may employ, reward, or compensate any person to circulate a petition for an initiated measure, referred law, or proposed amendment to the South Dakota Constitution based on the number of registered voters who signed the petition. Nothing in this section prohibits any person from employing a petition circulator based on one of the following practices:…

     Any violation of this section is a Class 2 misdemeanor.

However, this is not a party organization, or a ballot measure, but a candidate petition.. which is much less cut and dried, despite legislative intent to ban the practice back in 2007.  I’ve spoken with a couple people who are researching the matter at the moment, so I’m sure there will be more to come (or maybe a loophole to close in the future).

That being said and regardless, it is still explosive enough with the Liz May campaign apparently feeling enough pressure that they are setting the value of a petition signature at $10 a pop.   Or at least, $10 worth on a travel card that can only be redeemed for hotel, flights, etc subject to blackout.  (I’m sure they’re picking them up pretty cheap at the moment.)

Did I mention it gets weirder?  Check out the footer of the e-mail:

Not only are the links still using the e-mail management system under the name of Florida Congressional candidate Anna Paulina Luna – but there’s more.  The campaign mailing address declared by the e-mail is noted as 41 W. Hwy 14, Suite #67, in Spearfish.

I’m quite sure it’s a “sweet” location. But it’s not a suite in the traditional sense of the word. In fact, it’s not quite a building. Looking at the satellite view, #67 is actually not a suite, but a camping pad at a local area campground.

Which kind of leads me to ask the question.. If they were going to just park a camper somewhere, maybe the campaign could have ventured east of the James River for once?  (Just askin.)

This weekend’s e-mail blasts from Liz May seem to be a lot of on-line flailing for a campaign that sees the window of opportunity closing fast.  Maybe the point to take from all of this is one from gonzo journalist Hunter S. Thompson:  When the going gets weird, the weird turn pro.

Stay tuned.

SBA Approves Economic Injury Disaster Loan Fund Program Access for South Dakota

PIERRE, S.D. – South Dakota Governor Kristi Noem announced today that small businesses and non-profit organizations in South Dakota that have been negatively impacted by the global COVID-19 virus are now eligible for economic assistance from the U.S. Small Business Administration (SBA).

“I submitted a request to the SBA for expedited approval of the disaster relief declaration and received word this afternoon that South Dakota has been approved,” Noem said.  “Both my Office of Economic Development (GOED) and the Department of Tourism have been working diligently to reach out and survey companies to determine the impact of COVID-19 on our small business community. If your business is impacted by COVID-19, please reach out to my team at GOED or Tourism. We are here to help.”

The following are additional details provided by the SBA:

• SBA’s Economic Injury Disaster Loans offer up to $2 million in assistance per small business and can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing.
• These loans may be used to pay fixed debts, payroll, accounts payable and other bills that can’t be paid because of the disaster’s impact. The interest rate is 3.75% for small businesses without credit available elsewhere; businesses with credit available elsewhere are not eligible. The interest rate for non-profits is 2.75%.
• SBA offers loans with long-term repayments in order to keep payments affordable, up to a maximum of 30 years. Terms are determined on a case-by-case basis, based upon each borrower’s ability to repay.
• SBA’s Economic Injury Disaster Loans are just one piece of the expanded focus of the federal government’s coordinated response, and the SBA is strongly committed to providing the most effective and customer-focused response possible.

Small businesses can learn more about the program and apply for financial assistance at www.sba.gov/disaster or call the SBA at 1-800-659-2955.

Small businesses with questions about this SBA loan program or other assistance provided at the state-level can call 605-773-4633 to speak directly with a GOED representative. Businesses can also stay informed on news and guidance related to COVID-19 and its impact on South Dakota by visiting the state’s dedicated coronavirus website at COVID.sd.gov.

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Liz Marty May must be seeing a petition signature issue affecting her ability to be on the ballot in the near future. Because she just blasted this very long e-mail out, casting a wide net:

The fact she’s making a petition signature in the final days of collecting signatures isn’t a big surprise. And obviously she’s casting a wide net, because I received it in my e-mail box.  I’m not sure why I was on the list, as I certainly didn’t sign up for it.

But if you take a closer look, here’s where you start to go down into the rabbit hole.

What is extremely odd is the fact that they hyperlinks don’t lead you directly back to Liz May’s campaign page. Before the links deposit you on to Liz May’s website, they first bounce you through an e-mail management system belonging to a Florida Congressional candidate Anna Paulina Luna.

If you think I’m kidding, if you were a recipient of the e-mail, all you have to do is hover over the hyperlinks in the Liz May e-mail.

voteannapaulina is certainly not lizmartymayforcongress. Yet, that’s what the hyperlinks say.

If – as the disclaimer claims – the e-mail ad was paid for by the Liz May for Congress campaign, why are the hyperlinks routed back through mass e-mail system set up for Anna Paulina Luna for Congress?  In fact, voteannapaulina is all over the raw source of the e-mail. So it appears to be loss by accident than design.

In a couple of weeks after the petition deadline passes, if May doesn’t make the ballot, it will probably be a moot point. But at the least, in the meantime it gives Liz’s team some questions to ask of whoever put the e-mail together for them.

In a prior post, I had noted that State Representative Pat Kirschmann (D Sioux Falls) had been said to possibly be running in a primary against Senator Reynold Nesiba for the Senate seat in District 15.

Under the comment section for that post a few moments ago, it was noted there was an announcement at the Democrat Forum in Sioux Falls today that Rep. Kirschmann has passed away.  As soon as I see more information on it, I’ll share it.  Otherwise, please keep his family in your prayers.

Economic Impact of COVID-19
By Rep. Dusty Johnson

It’s no secret, the COVID-19 pandemic has placed serious hardships on many South Dakotans and Americans across the country. From the closing of schools, to the negative effects on small businesses, as well as the struggles of social isolation, this illness is greatly affecting all our day-to-day lives. To mitigate these effects, South Dakota’s delegation is working around the clock alongside our state and local officials to provide relief to those affected.

Our governor quickly called on the Small Business Administration (SBA) to activate the Economic Injury Disaster Loan (EIDL) program in South Dakota because of the pandemic. I, along with Senators Thune and Rounds stood alongside her, urging the SBA to approve this request immediately.

On March 14, I voted in support of a comprehensive bipartisan federal aid package – the Families First Coronavirus Response Act. This relief package ensures the continuation of support services, prioritizes testing and diagnosing COVID-19 cases, bolsters containment and mitigation efforts, and creates programs to financially support employees and employers adversely impacted by the pandemic. This includes the creation of a temporary national paid sick leave program and a refundable payroll tax credit to cover the cost that will inevitably be incurred by employers. The Senate joined the House in passing this relief act, and the bill was signed into law by President Trump on March 18, 2020. This relief is in addition to the $8.3 billion of emergency supplemental funding I supported in early March to assist the initial response to the coronavirus.

The Senate and House are working on a third comprehensive package that will focus on the economic impacts the pandemic has had on small businesses, individuals, and hard-hit industries, as well as additional health care resources. We need to ensure any phase three bill is fact-based, fiscally responsible, and helps not only big industries like the airlines and manufacturers, but smaller businesses that are being hit hard by this economic uncertainty. Most importantly, we need more tools to stabilize volatility in the ag economy. Our ranchers and producers were struggling before this pandemic and market conditions have only deteriorated.

While it is the government’s duty to provide assistance to the nation in great times of need, we also have responsibilities as good citizens to take care of one another. Take the CDC’s social distancing recommendations seriously. Check in on friends and neighbors. Make sure those at higher risk in your communities have the supplies necessary during this uncertain time. South Dakota’s communities are strong and will be a significant factor in how we survive this crisis as a state.

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