PIERRE, S.D. (KELO) – More than 160 elected leaders from the city government and district of South Dakota this week sent a letter asking, once again, that Governor Kristi Noem did something about COVID-19 which so far has not.
They want their governor and state health secretary, Kim Malsam-Rysdon, to commit to working with local councils in developing local plans against public health emergencies.
What the governor has done so far is to issue nine executive orders about coronavirus. A list can be found on the covid.sd.gov website and at the South Dakota State Secretary link for executive orders.
The Governor also issued a disaster the April 2 declaration for all South Dakota, including nine tribal reservations, related to damage due to respiratory ailments that had infected hundreds and killed four South Dakota residents until Monday.
But local leaders want the governor to issue the tenth executive order they sent with their letter Monday. They want him to let each community or district draw up a local plan in coordination with the state Department of Health, using one of the current departments the rules.
“We are pleased with the governor’s actions, but continue to believe that this decision is best made at the local level because of the decisive circumstances,” Yvonne Taylor said on Tuesday. He is the executive director for the South Dakota Municipal League and manages the letter.
“Our request remains to provide authority and clear opportunities for more agile responses to local entities that are closest to the situation,” Taylor said. “The declaration of a public health emergency by the South Dakota health secretary will expend more resources from the state level to combat this disease at every level.”
Taylor continued: “The proposed executive order will allow local governments to fully utilize these resources in consultation with the South Dakota Department of Health. The declaration of a public health emergency enables the full use of all administrative rules that authorize a variety of public health protection measures to combat Category 1 diseases, including coronaviruses. While local governments have extensive police power, we believe the state releasing these additional resources will invest much-needed public health resources and expertise at the local level where they are most needed. ”
Noem first The executive order came Friday, March 13, declaring a state of emergency in all 66 counties, under a state law chapter entitled ‘Emergency Management’ which gave special powers to the governor. It will run until April 21.
One Specific the law in the Emergency Management chapter refers directly to circumstances such as protecting the health of an area. Governors’ orders are in all states. That means its strength includes every city and county government in South Dakota. However, the same law has a penalty of who is specifically excluded: “This division does not include the state legislative or judicial branch, its local government unit, or Indian tribes.”
As for local leaders’ requests that the governor declare a public health emergency, it appears he did it three weeks ago in a March 13 emergency order. In one of the “Remembering” clauses, the governor said, “COVID-19 is a public health emergency that endangers the health and safety of people throughout South Dakota.”
It is not clear whether the governor declared public health emergencies sufficient to trigger action at the local level. Country law allows the state health secretary, with the governor’s approval, to declare a public health emergency. That will in turn allow area government, including local ride health, to take action.
Local officials want the governor to issue orders under a different chapter of state law on the control of infectious diseases. That’s the part where the health secretary can declare a public health emergency.
City and district governments also want states Senate SB version 191. The governor proposes original version for the Legislature to be considered on the last day of the March 30 2020 session. Senator change and then choose 30-5 for the modified version.
The DPR, requiring a two-thirds majority out of 47 so that the proposed law can take effect immediately after obtaining the governor’s signature, failed to comply 39-27 Select. Attempts to revive him failed.
Noem told reporters on Monday that his office had received a letter from the local leader. He said their request was not new.
“This is something they asked for earlier that we tried to overcome during the legislative session. If you remember, I brought the bill that I and my team put together, proposed to the Legislature, to ask for some things that were asked by these local leaders. The bill did not pass on veto day. We therefore continue to examine the situation to see what is appropriate. “
Representative Tim Reed, a Brookings Republican, wrote in the post-session column about what happened that day. “I am disappointed that this year’s Legislative attack on local government and local control continues from the main session to this critical emergency bill when we are in a dire pandemic situation. Brookings and many other communities have led the battle to slow the spread of the virus to reduce the pressure on our health care system and save lives, “wrote Reed.
That second The executive order from the governor also came on March 13, directing non-essential employees of the state government under the governor’s control to work remotely, and stopping the travel of state governments outside South Dakota. That will continue until March 21.
The Governor on March 19 issued a third Executive orders extend long-distance jobs for non-essential civil servants under his control and ban state travel outside South Dakota until March 28.
The Governor on March 24 issued a fourth executive order. This expands the scope of the March 13 emergency order to specifically suspend state regulations that limit the use of telehealth or telemedicine, drugs, hearings about medical assistance benefits, and overweight trucks; and recognizing medical provider licenses from other countries. This goes through the duration of an emergency declared March 13.
The Governor on March 24 also issued a fifth Executive orders direct what he says must be done by each South Dakotan and their employers. It is also more specific about what should be done by “closed retail businesses that promote public meetings” and by health care organizations and by local and city governments. It will end on May 2nd.
The Governor on March 24 also issued a sixth Executive orders extend long-distance work and ban travel outside of South Dakota until May 2.
On March 26, the governor issued a seventh executive order. It is temporarily releasing several regulations that limit the number of participants in group homes and bedroom capacity for houses that are rented by or built by houses and community-based providers. It also temporarily relinquished some of the educator readiness requirements and relaxed some of the requirements for teacher certificates. It also allows for additional fuel transport time. This applies through emergency COVID-19.
On Monday, April 6, the governor canceled his fifth executive order and issued a new, stronger order eighth executive order. In short, the behavior that he thinks must be followed must now be followed by every South Dakotan, their employer, every closed retail business that promotes public meetings, health care organizations, and local and city governments. This runs until May 31.
The Governor on April 6 also issued a ninth Special executive orders for the districts of Minnehaha and Lincoln, including Sioux Falls and neighboring communities such as Brandon, Dell Rapids, Tea, Harrisburg, and Canton. It calls for people older than 65, and people with vulnerable health conditions, to stay at home or residence “if possible” unless they are employed in critical infrastructure work or perform important tasks. This will be valid until April 27.
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