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In a press conference yesterday afternoon, Governor Noem announced the implementation of two executive orders. In the first order, she removed the word “should” from her March 23 order and replaced it with the word ‘shall’. Governor Noem reiterated her original statement, saying, “If you wish to operate [a business in South Dakota], this is what you need to do.” 

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

  • Implement the recommended CDC hygiene practices and other business strategies designed to reduce the likelihood of spreading the disease (staggering shifts, flexible schedules, employee screenings, etc.).
  • Understand that the COVID-19 is not a short-term challenge and operations need to endure a difficult and limited social environment for potentially the next four months 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 shall: 

  • Suspend or modify business practices as recommended by CDC guidance that involves ten or more people to be in an enclosed space where physical separation of at least six feet is not possible.
  • Consider offering business models that do not involve public gatherings, including takeout, delivery, drive-through, curbside service, off-site service, 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.

Click here to read the full executive order.

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