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:
- 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.
- 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.
- 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.
- Implement social distancing measures and support businesses who are adjusting their business model to reduce the spread of COVID-19.
- 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:
- Implement the recommended CDC hygiene practices and other business strategies designed to reduce the likelihood of spreading the disease.
- 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.
- Innovate and continue to demonstrate entrepreneurial excellence in their operations during this difficult and uncertain environment.
- 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.
- 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:
- 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.
- 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.
- 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:
- 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.
- 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:
- 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.
- Restrict public gatherings of ten people or more, unless it is necessary.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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.
- 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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It would be great to include those working to take care of first responders children. Family child care (FCC) providers and child care facility employees often work long days and when going to the grocery store are not finding food for their families. In the case of FCC they must shop for the days ahead when children are not in care. Child care providers deserve to be classified with first responders as they allow doctors, nurses, EMTs , ambulance personnel, fire fighters, and police officers to go to work and focus on the job at hand. Which will be our communities, our lives and those of our loved ones.
Who the #$!$ is your attorney? Are you really abdicating your authority to the munis and counties? You absolutely have the authority to make it stick, but you just don’t want to. Meanwhile, UJS is throwing around its weight in the various circuits to demand that courthouses remain open in spite of commissioners restricting access for employee safety. Gilbertson is reading SDCL 16-3-11 through 16-3-15 to force open the door that has been secured by the various commissions, but SDCL 7-7-2.1 (specific language trumping general language) is not something to simply be ignored. If the counties want to lock the door, under SDCL 16-3-13, UJS will have to look for some other place to hold court.
Pat, would “Home Rule Charter” that was granted to SF years ago, give the Mayor the authority to handle the Chinese corona in SF??
The Governor rightly said she respects local leaders to make decisions. That they don’t want to is ok too.
Troy, at the rate Noem is going, Paul TenHaken will be the next Governor. Strong, decisive.
After an initial stumble on preemptively closing the schools, Noem’s strength has been huge. She has strongly resisted succumbing to the irrational, uninformed pressures from the mob and has the infrastructure in place to take action and give guidance as the data and science justify.
If you are advocating we are late on a shutdown “justified” on “just do something to do something” impulse, let’s just say I think you have been excessively moved by hysteria. The CDC has criteria and guidelines on optimal times for actions for a reason- All actions, unless enforced under martial law and suspension of basic civil rights, have diminishing returns over time.
Does home rule charter give that authority to local control?? Who is in charge?? Just wondering.
The state acquiesces to SF’ home rule charter when it is convenient for the state to do so. When SF does something the kingdom of Pierre doesn’t like, they throw a hissy fit and legislate a boot to the throat. The current situation is pathetic in it’s weakness. What would Gov. Bill do??
Governor Janklow would lock it all down. No games, no hugs, no hiding in Castlewood.
I miss Bill Janklow.
Lets go through the logic.
We can’t trust people to practice good safe individual actions (wash, wipe, proper interaction) in supervised and public settings.
So, we will close the supervised and public settings and trust them to go home and do all they were untrustworthy to do.
Unrealistic expectations are guaranteed failure. When we tell a social animal (humans) to act contrary to their basic nature, in time, either discipline breaks down or negative behaviors (ala home abuse) manifest themselves. If you are shy or an introvert, imagine having to give a speech or working a large social gathering? Well, locking up an extrovert has the same effect.
Further, when we define “vital business” as narrowly as we have, disruptions to the supply chain is going to start propping up. We are running our mask manufacturers 24-7 with machines that have wear parts. Nobody designated their wear part suppliers vital plus since those wear part operators can’t operate at low volumes, nobody is making those parts. Plus, who will deliver them?
That said, I do think certain social gathering places (bars, etc.) where their very purpose is to do unsafe socializing need to either reform themselves temporarily or close.
P.S. Those who prevent starvation (a public health problem) are about to go into the field. For the next two months, they will depend on an efficient supply chain. Who is confident every business in their supply chain has been declared “vital.”
Because of it location on Lake Michigan and proximity to major agriculture manufacturers, the most extreme (and with the shortest notice) closure in Illinois may have repercussions to our food supply which will have unintended consequences. I do not say this to engender fear but to only raise the awareness “vital” isn’t as easy to identify as people think.
Her office is really missing Kristin Wileman. It was easier to stay updated when she was in charge of getting information out and keeping people informed.
This is the most toothless thing I’ve seen. Should should should. Soon it’ll be should’ve, could’ve, would’ve but it’s too late now.
Not commenting on how this has been handled by Governor Noem. The comment about how Bill Janklow would have dealt with is one to ponder for fun.