South Dakota Governor Noem Executive Orders – Guidance for all South Dakotans

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:

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.

South Dakota State Agency – Public Safety – Drivers Licensing

I have been in contact with Jane Schrank, Director of South Dakota Driver Licensing Program. She has communicated with me that there is a 90-day extensions for all (even those with haz mat). Also, that SD has always issued extensions to drivers who were unable to get into exam stations so we are continuing an existing practice.

All driver exam stations in South Dakota and the Pierre Central Office are closed to the public until May 2, 2020 in accordance with Governor Noem’s executive order.

To request a license extension or obtain a temporary permit, please email DPSLicensingInfo@state.sd.us or call (605) 773-6883 and leave a message.

You can still renew your license online or schedule an appointment here on our website.

NOTICE TO COMMERCIAL DRIVER LICENSE (CDL) HOLDERS

FMCSA grants a waiver through June 30, 2020 from certain regulations applicable to interstate and intrastate commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders and to other interstate drivers operating commercial motor vehicles (CMVs).

Read the full waiver here.

RENEWAL & DUPLICATE

Apply for a renewal or replacement license

Gone are the days of waiting in line at the driver exam station. Renew your South Dakota Driver’s License online or apply for a duplicate/replacement license without leaving home. All you need are a few minutes, some required documents and your Visa or MasterCard.

Licenses may be renewed 180 days prior to their expiration date unless the applicant is turning 21 years of age. Licenses expiring 30 days after licensee’s 21st birthday may only be renewed within the 30 days immediately following the birth date.

If your license has been expired for more than 30 days, you will be required to apply at a driver exam station and complete the written knowledge test.

Use the button below to see if you are eligible to renew your South Dakota driver’s license.

AM I ELIGIBLE?

If you have questions or difficulties using this site, email us or call (605) 773-6883.

South Dakota State Agency – Revenue – Vehicle Registration

For the safety of employees and the general public, Governor Kristi Noem signed an Executive Order directing all nonessential staff to work remotely. While the Department of Revenue offices are closed, we are open for business online Monday through Friday, 8 a.m. to 6 p.m. CT.

We encourage the public to visit our website and use our live chat feature to speak with Revenue staff. Our live chat is located on every page in the bottom right hand corner. We want to ensure direct communication to the best of our abilities while doing our part to keep the public and our staff safe. We promise to provide updates as the situation evolves. In the meantime, please utilize our resources through our website, our social media platforms, and our call center.

Important Dates to Remember for March 22-28

If you are looking to submit your ACH debit payments for tax returns, please reach out through Live Chat or call 1-800-829-9188. Our Business Tax division would be happy to help.
If your last name starts with F, G, or J and you are looking to renew your vehicle registrations for the March 31 deadline, the Department of Revenue has extended your time to renew till May 1, 2020.
If you have temporary seller’s permits that expire March 16, 2020 through April 1, 2020, you will be granted an additional 30 days from the expiration date to get the title transfer documents and payment to the county treasurer and register the vehicle before any law enforcement action is taken. The motor vehicle division will waive any interest or penalties that accrue due to this extension.
The Huron Temporary Office will not be open Thursday, March 26, 2020. Please keep up-to-date with the upcoming Huron Temporary Office and any other important dates by checking our calendar here.

South Dakota State Agency – Other Resources

Businesses and Employers

Workplace and Employer Resources & Recommendations
Families First Coronavirus Response Act: What does it mean for employers? A summary of how some of the key provisions like Emergency Family and Medical Leave (FLMA) Expansion Act and Emergency Paid Sick Leave Act impact employers.
Employee Screening Questions and Guidelines: questions to ask employees reporting to work and guidance to help reduce the spread of the virus that causes COVID-19.
- COVID-19 Daily Screening Log: a resource for employers to track symptoms of employees reporting to work.
Resources from other State Agencies
South Dakota Community Mitigation Guidance

Federal Waivers – Essential Businesses

Functioning critical infrastructure is imperative during the response to the COVID-19 emergency for both public health and safety as well as community well-being. Certain critical infrastructure industries have a special responsibility in these times to continue operations.

This guidance and accompanying list are intended to support State, Local, and industry partners in identifying the critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans depend on daily and need to be able to operate resiliently during the COVID-19 pandemic response.

This document gives guidance to state, local, tribal, and territorial jurisdictions and the private sector on defining essential critical infrastructure workers. Promoting the ability of such workers to continue to work during periods of community restriction, access management, social distancing, or closure orders/directives is crucial to community resilience and continuity of essential functions. CISA made a technical update to the document on March 23, 2020 to clarify the description of a small number of essential services and functions in the list.

If you have feedback or additional questions, please reach out to: CISA.CAT@cisa.dhs.gov

Download a PDF version of this Guidance

Learn more:

https://www.cisa.gov/coronavirus

https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce

https://www.cisa.gov/news/2020/03/19/cisa-releases-guidance-essential-critical-infrastructure-workers-during-covid-19

Federal Waivers – US Department of Transportation – Trucking and Drivers Issues

In response to the outbreak of COVID-19 and the need for expedient transportation of supplies and services, the federal government has published several guidance documents and enforcement discretion notices. The guidance and discretion documents are summarized below with hyperlinks to the official publications. Requirements for commercial driver licenses (CDL) and hazardous materials endorsements (HME) are also regulated at the state level, and companies should review policy decisions at the state level, as well.

DOT: Guidance on Compliance with DOT Drug and Alcohol Testing Regulations

Directs employers to “make a reasonable effort” to comply with DOT training and testing requirements and, if unable to comply, employers must document why the requirements were not met.
Maintains that training and testing requirements must still be met in order for employees to exercise related functions, “If employers are unable to conduct DOT drug and alcohol testing due to the unavailability of testing resources, the underlying modal regulations continue to apply.”

FMCSA: Notice to State Drivers Licensing Agencies of the FMCSA’s Policy Regarding Effect of Actions during COVID-19 Emergency

Ordinarily, failure of states to comply with CDL regulations results in withholding of federal highway funds. The FMCSA notice waives this provision for state licensing agencies that choose to extend CDLs and/or extend medical certification requirements.

FMCSA: FMCSA CDL Waiver

Extends validity of intra- and interstate CDLs until June 30, 2020 as well as waives the requirement for a medical examination and certification with proof of valid medical certificate that expired on or after March 1, 2020.

FMCSA: Notice of Enforcement Policy Regarding Expiring Driver’s Licenses and Medical Examiner’s Certificates During COVID-19 National Emergency

Identifies federal CDL regulations that FMCSA will not take enforcement discretion on until June 30, 2020.

FMCSA: Frequently Asked Questions Related to the FMCSA Emergency Declaration

Answers common questions for drivers and motor carriers, including document verification and electronic logging device records.

TSA: General Information regarding TSA Enrollment Services

Questions and answers on TSA procedures for obtaining and renewing hazardous materials endorsements, which are also subject to determinations by state authorities.

PHMSA: Enforcement Policy Notice Regarding Hazardous Materials Training

For 90 days, PHMSA will not take enforcement action on the federal requirement to conduct refresher training for hazardous material employees. PHMSA emphasizes that employers may still utilize web based, remote, or on the job training to satisfy the refresher training requirement. See DOT: Guidance on Compliance with DOT Drug and Alcohol Testing Regulations.

Federal IRS Guidance Documents for COVID-19

Good morning Small Business Partners,

There are two NEW pages on IRS.gov, plus the original page – Coronavirus Tax Relief.

NEW! IRS Operations During COVID-19: Mission-critical functions continue. This page provides an overview of changes related to IRS operations and guidance for taxpayers during this period.
NEW! FAQs – excellent info! Filing and Payment Deadlines Questions and Answers

I’m copying a few FAQs that could be of interest to small business owners. These are not in numerical order.

Q17. Does this relief provide me more time to contribute money to my IRA for 2019?

A17. Yes. Contributions can be made to your IRA, for a particular year, at any time during the year or by the due date for filing your return for that year. Because the due date for filing Federal income tax returns has been postponed to July 15, the deadline for making contributions to your IRA for 2019 is also extended to July 15, 2020. For more details on IRA contributions, see Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs).

Q21. Does this relief provide me more time to contribute money to my HSA or Archer MSA for 2019?

A21. Yes. Contributions may be made to your HSA or Archer MSA, for a particular year, at any time during the year or by the due date for filing your return for that year. Because the due date for filing Federal income tax returns is now July 15, 2020, under this relief, you may make contributions to your HSA or Archer MSA for 2019 at any time up to July 15, 2020. For more details on HSA or Archer MSA contributions, see Publication 969, Health Savings Accounts and other Tax-Favored Health Plans.

Q16. The Notice postpones the deadline for first quarter 2020 estimated income tax payments due on April 15, 2020. What about second quarter estimated tax payments due on June 15? Have they been postponed as well?

A16. No, second quarter 2020 estimated income tax payments are still due on June 15, 2020. First quarter 2020 estimated income tax payments are postponed from April 15 to July 15, 2020.

Q6. Does the relief provided in the Notice apply to payroll or excise taxes?

A6. No, under the Notice, normal filing, payment, and deposit due dates continue to apply to both payroll and excise taxes.

As of today:

No word on whether this extension applies to FinCEN Form 114(a), Report of Foreign Bank and Financial Accounts

CDC Guidance

COVID-19 Important waivers and guidelines