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South Dakota lawmakers won't let health agency order closure

Associated Press | Hagadone News Network | UPDATED 5 years, 2 months AGO
by Associated Press
| March 31, 2020 10:27 AM

SIOUX FALLS, S.D. (AP) — South Dakota lawmakers met into early Tuesday to pass temporary emergency measures amid the COVID-19 pandemic, but rejected key bills that would have given Gov. Kristi Noem's administration the ability to shut down businesses.

Legislators postponed local elections from mid-April until June and waived state requirements on schools due to the coronavirus, but declined the Republican governor's request that the state health secretary and county officials be granted the power to close businesses.

Several lawmakers said it should be the governor who orders such closures in an emergency. Noem has faced criticism from the state's largest group of doctors for not already doing so, although she has said it's not clear in state law she has the power.

When asked by reporters Tuesday whether she would issue stay-at-home orders or close businesses if necessary, Noem avoided saying she would issue such statewide mandates. She said instead she would continue using her emergency powers as governor, referencing her executive order recommending that businesses limit group gatherings to 10 or fewer people.

The governor has so far only encouraged cities to enforce business restrictions as they see fit. That has made vocal critics of the mayors of South Dakota's largest cities. Sioux Falls Mayor Paul TenHaken told lawmakers that mayors have been “hamstrung” by the lack of a statewide mandate.

In an unprecedented move, legislators used conference calls to remotely convene and vote. Even as the Legislature met, the deteriorating condition of one of their colleagues underscored the gravity of the crisis. Rep. Bob Glanzer, a Huron Republican, was hospitalized in critical condition Monday with the virus.

Several bills passed unanimously, while conservative lawmakers amended several others to limit the powers they gave the governor during the crisis, including making sure she can't halt the purchase of firearms or delay the June 2 primary election any further if she deemed it necessary.

Health officials said the state has 108 confirmed cases of COVID-19, more than doubling the number of cases since Thursday. So far, 44 people in South Dakota have recovered; one has died.

Noem said the state has received supplies for a new testing process that can identify COVID-19 in minutes.

For most people, the new coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. Older adults and people with existing health problems are among those particularly susceptible to more severe illness, including pneumonia.

All the bills that passed received the two-thirds majority vote needed to be put into effect immediately if the governor gives final approval. They are all temporary, expiring at various points this year.

When Noem was asked for her thoughts on the Legislature's actions, she said, “Well, we got through it.”

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Follow AP coverage of the virus outbreak at https://apnews.com/VirusOutbreak and https://apnews.com/UnderstandingtheOutbreak

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