COVID-19 News

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  • 26 Mar 2020 1:33 PM | Anonymous

    Federated Insurance is committed to helping our clients navigate the newly announced mandates affecting business owners as a result of the spread of COVID-19. In collaboration with our friends at Enquiron®, we are providing you with three valuable documents designed to help provide information to organizations facing challenging employment issues during these uncertain times. Below you will find an Employer COVID-19 FAQs document, an overview of the Families First Coronavirus Response Act, and Important Rules for Employers to Know in the Wake of COVID-19.

    Additional helpful resources and Federated Insurance’s response to Coronavirus are found HERE.

     
    As a reminder, you can leverage Federated risk management resources by directing clients with questions to your Account Executive.
     
    Our mission at Federated Insurance continues to be enhancing your success and protecting your business. I sincerely hope the materials provided above help you during these trying times. I wish all the best for you, your business, your employees, and their families.
     
    NOTE: The materials provided contain information developed solely by Enquiron, a third party wholly independent from Federated. Federated provides this information as a courtesy to its clients. This content should not be considered legal advice from Federated and may be subject to additional rules and regulations in your state. The materials are provided as general information and intended to serve only as a guide. Since each business situation is unique, qualified legal counsel should be sought regarding questions specific to your circumstances and in responding specifically to the COVID-19 situation.

    Dave Szymanski |First Vice President-Director of ARMS & H. O. Marketing Services
    Federated Insurance – Marketing
    121 East Park Square
    Owatonna, MN 55060
    Mail Code CII-102

    O: 507.455.5153  |  E: dgszymanski@fedins.com

  • 26 Mar 2020 12:35 PM | Myron Rau (Administrator)

     

    • U.S. Department of Labor continues to release new guidance on the new federal emergency leave mandates, including additional fact sheets, questions and answers, guidance on the mandated poster(s) and clarification regarding the 30-day enforcement policy. NADA is working to incorporate these updates into its dealer-specific FAQs, intended for distribution to dealers tomorrow.

     

    • NADA launches Coronavirus Hub, a special website section, to keep dealers current on coronavirus developments, including health and safety; government advocacy; regulatory and compliance issues; industry and business operations; workplace concerns; media updates; and more

     

     

  • 26 Mar 2020 10:14 AM | Myron Rau (Administrator)

     

    Senate Passes Phase 3 Coronavirus Response 

    Late last evening, the Senate passed the nearly $2 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act. This bill, known as Phase 3, is extremely beneficial for dealerships of all sizes and includes generous and unprecedented provisions to help provide liquidity for dealerships and to help businesses keep their employees on the payroll. The House of Representatives is expected to vote on the Senate measure tomorrow; and the President has pledged to sign the bill into law quickly. 

    NADA advocated for provisions included in the Senate bill, such as new federal funding to cover operational and payroll expenses for small businesses through June 30, deferring payroll tax payments for employers, and other important tax relief. NADA continues to advocate for the broadest possible business relief to help dealerships continue in operations and retain employees. 

    The following provides a preliminary summary of provisions of most interest to franchised dealers.
     

    Small Business Loan Provisions 

    A completely new, temporary lending program to aid small business The bill will provide $349 billion to support  loans through a new Paycheck Protection Program, which Congress designed to keep employees on the payroll and save small businesses. The Small Business Administration (SBA) will stand up a completely new program that will only nominally be part of the existing SBA Section 7(a) loan program. To expedite the funding of the new loans, the Treasury Department and SBA will expand the number of participating banks and credit unions, and captive finance companies may also be included. 

    Minimal eligibility requirements Any business operational on February 15, 2020, that paid salaries and payroll taxes will be eligible, but there is a limit of no more than 500 employees. Fortunately, the bill includes provisions to waive normal affiliation rules which should be applicable to many dealers. For dealers, there will be no test for total revenue. 

    Borrower certification to obtain loan Borrowers will be required to make a good-faith certification that the loan is necessary due to economic conditions caused by COVID-19 and that it will use the funds to retain workers and maintain payroll, lease and utility payments. 

    Loans have terms NOT found in traditional bank loans Lenders will not require application fees, closing costs, collateral or personal guarantees. The maximum interest rate will be 4%, and the first six months' payments (principal and interest) will be automatically deferred. Finally, the lenders are not expected to perform credit analysis, because the loans will be 100% guaranteed by the SBA.  

    Maximum loan amount The maximum amount will be 250% of an employer’s average monthly payroll (based on a 12-month look back from the date of the loan), but NOT MORE than $10 million. 

    Permitted uses of the loan The loan can be used for “payroll costs,” which include salary, commission, or similar compensation (up to an annual rate of pay of $100,000 per employee); employee group health care benefits, including insurance premiums; retirement contributions; and covered leave from February 15, 2020, to June 30, 2020. Permitted uses also include payments of interest on mortgages, rent, utilities and interest on any other debt obligations that were incurred before February 15, 2020. 

    Loans may be forgiven In general, borrowers will be eligible for loan forgiveness equal to the amount of certain expenses spent during an eight-week period after the origination date of the loan. These expenses are payroll costs, interest payments on any secured debt incurred prior to February 15, 2020, payment of rent on any lease in force prior to February 15, 2020, and payment on any utility for which service began before February 15, 2020.  

    Percentage of employee retention related to amount of loan forgiveness The amount forgiven will be reduced proportionally by any reduction in employees retained compared to the prior year, and by the reduction in pay of any employee in excess of 25% of the employee’s prior-year compensation. However, to encourage employers to rehire any employees who have already been laid off due to the COVID-19 crisis, borrowers that rehire previously laid-off workers by June 30, 2020, will still qualify and not be penalized for having a reduced payroll during the loan period. 

    No effect on federal Income tax Canceled indebtedness under this program will not be included in the borrower’s taxable income.   

    Loan amounts not forgiven Any loan amounts not forgiven at the end of one year will be carried forward as an ongoing loan with terms of a maximum of 10 years at 4% interest or less. 

    Tax Provisions Applicable to All Businesses 

    The CARES Act contains many dealer-friendly tax provisions that will assist dealers in maintaining liquidity during the disruptions caused by the ongoing coronavirus outbreak.  

    Net operating loss (NOL) carryback Dealers will be permitted to offset losses in 2018, 2019 and 2020 against profits from the prior five years. NOL carryback was previously eliminated by the Tax Cuts and Jobs Act (TCJA) in 2017. This provision may provide dealers with losses in 2020 with substantial refunds. Losses that are used to offset pre-TCJA profits, which were taxed at a higher rate, will be refunded at pre-TCJA tax rates, providing an additional boost. 

    Modification on losses for taxpayers other than corporations TheTCJA generally limited the amount of losses noncorporate taxpayers, including pass throughs, could claim to $500,000. Under the bill this limitation is suspended, allowing dealers to utilize excess business losses along with the new NOL carryback provisions to access critical cashflow.  

    Qualified improvement property (QIP) technical fix The TCJA intended for businesses to deduct improvements made to retail property immediately under the TCJA’s bonus depreciation provisions, but due to a drafting error the depreciation lifespan was set at 39 years. This bill corrects this error retroactive to 2018. Dealers with significant outlays on QIP in previous years should consider amending their 2018 and 2019 returns to claim the deductions and receive a refund. 

    Interest deductibility limit increased. The TCJA limited the deductibility of business interest to 30% of a dealership’s adjusted taxable income, except for floor plan financing interest, which remained 100% deductible. The bill allows businesses to deduct up to 50% of their adjusted taxable income for 2019 and 2020. Dealers should note that, coupled with the proposed IRS rules on the interplay between bonus depreciation and floor plan financing interest, if their total business interest, including floor plan financing interest, amounts to less than 50% of adjusted taxable income for these years, they may also be able to avail themselves of the bonus depreciation provisions in TCJA. Dealers unable to use full expensing in 2019 due to interest expenses between 30% and 50% of their adjusted taxable income may be able to generate refunds by filing an amended 2019 return.  

    Employee retention credit Dealers who have been forced to close their business due to a government-mandated shutdown will be allowed a refundable payroll tax credit for retaining their employees. The credit is generally available to dealers whose operations have been fully or partially closed due to a government mandate and whose gross receipts have declined by more than 50%. For dealers with 100 or fewer employees, all employee wages qualify for the credit regardless of whether the business is shut down or not. The credit is limited to the first $10,000 of compensation paid per employee. This credit is available through the end of 2020. 

    Delay of payroll taxes The bill allows businesses to delay the 6.2% employer portion of the Social Security payroll tax for the remainder of 2020. The delayed tax liability would then be paid back apportioned equally over the following two years.

    As further details become available, NADA will release a more extensive summary of these provisions. For any questions, contact legislative@nada.org.

     

    03/26/2020

     

  • 25 Mar 2020 11:31 AM | Myron Rau (Administrator)

    This resource is brought to you by The Avitus Group, a business partner of the SDADA.

    The COVID-19 (coronavirus) is continuing to present unique challenges around the globe—and it may feel that there are more questions than answers. As an Avitus Group partner, however, we want to let you know that we’re here for you with the latest alerts and authoritative information. 

    We encourage you to explore our COVID-19 Business Resource Library (link below) for information that can assist you and those with whom you work. We’re always happy to help. 

    COVID-19 Business Resource Library
  • 25 Mar 2020 10:51 AM | Myron Rau (Administrator)

    The Keeping American Workers Paid and Employed Act would provide $350 billion to help prevent workersfrom losing their jobs and small businesses from going under due to economic losses caused by the COVID-19 pandemic. The Paycheck Protection Program would provide 8 weeks of cash-flow assistance through 100percent federally guaranteed loans to small employers who maintain their payroll during this emergency. If theemployer maintains its payroll, the portion of the loans used for covered payroll costs, interest on mortgageobligations, rent, and utilities would be forgiven, which would help workers to remain employed and affectedsmall businesses and our economy to recover quickly from this crisis. This proposal would be retroactive toFebruary 15, 2020, to help bring workers who may have already been laid off back onto payrolls.

  • 25 Mar 2020 10:24 AM | Myron Rau (Administrator)


    From NADA

    Last week, President Trump signed into law a multibillion-dollar emergency aid package, aimed at helping employees impacted by the coronavirus. The Families First Coronavirus Response Act provides certain eligible employees with potential coronavirus-relatead emergency paid sick leave, emergency family and medical leave, expanded unemployment insurance, as well as tax credits for employers to offset the costs of providing such leaves.

    NADA covered the top employment-related legal issues, including the new law, in its webinar on key pandemic-related legal issues and mandates for automobile dealerships. The webinar, Running a Dealership during a Pandemic: Legal Issues and Federal Mandates had more than 3,000 participants on the all.

    To view the webinar, click here.

  • 24 Mar 2020 10:19 AM | Myron Rau (Administrator)

    page1image33642800

    March 23, 2020

    President Donald J. Trump
    The White House
    Office of the President
    1600 Pennsylvania Avenue, N.W. Washington D.C. 20500

    Dear Mr. President:

    As the heads of the leading trade associations that represent 99 percent of the country’s light-duty vehicle production capability (Alliance for Automotive Innovation), over 90 percent of the country’s franchised light-duty car and truck dealers (NADA, NAMAD and AIADA), and nearly 90 percent of the country’s medium- and heavy-duty truck dealers (ATD), we write today to seek your assistance in clarifying that certain sales and leasing activities at franchised new-car and -truck dealers are essential services that need to be maintained during the COVID-19 pandemic, provided these limited activities are conducted in a manner that protects the general public, our customers and our employees.

    In a letter to you dated March 17, 2020, we requested that the federal government determine that vehicle repair, maintenance and sales facilities be considered essential operations when government closure orders and regulations are considered and adopted. We were encouraged and thankful on March 19 when the U.S. Department of Homeland Security (DHS) and the Cybersecurity and Infrastructure Security Agency (CISA) issued a Guidance Memorandum on “Identification of Essential Critical Workers During COVID-19 Response” that listed motor vehicle manufacturing, automotive supply manufacturing, auto maintenance and repair facilities, as well as truck maintenance and repair, as essential services. DHS and CISA indicated that the Guidance was “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 that need to be able to operate resiliently during the COVID-19 pandemic response.” (Emphasis added.)

    The Guidance made no reference to vehicle sales and lease operations that are typically conducted by franchised new-car and -truck dealers in conjunction with their service and maintenance operations. As a result, some states and other jurisdictions have prohibited vehicle sales by dealerships. This is incongruous, given that motor vehicle manufacturing and distribution to the dealers is considered critical infrastructure. It only makes sense that the sales from the dealers should also be covered by the DHS/CISA Guidance.

    Not all vehicle sales are discretionary consumer purchases. A significant number of dealership sales transactions occur because a consumer or business is in immediate need of a replacement vehicle for

    page1image48422592 page1image48422976

    basic transportation. This clarification is particularly important as various transit services have been curtailed or eliminated due to the public health recommendations about social distancing. For instance:

    • In 2019, 12.55 million vehicles were scrapped because they wore out or it was not economical for them to be repaired. Approximately 9.4 million of those vehicles were replaced with a new or used vehicle.

    • In 2018, 1.24 million vehicles were determined by insurance companies to be total losses as a result of an accident, flooding or other total loss events. Individual consumers and businesses typically use their insurance proceeds to purchase a substitute vehicle within a few days. Without that option, they may not have affordable, reliable transportation to meet their personal or commercial needs.

    • Between March and July of this year, 1.8 million vehicle leases will expire (4.1 million for the entire year of 2020), all of which will require replacement. In many ways, these customers will face the same challenges as described above following a total loss.

    • Virtually all of last year’s 500,000 sales of medium- and heavy- duty truck sales were for use in commercial fleets. 71.4 percent of our nation’s tonnage freight is hauled in trucks sold by our truck dealer members.

    • We estimate that around 500,000 "Essential Critical Infrastructure Workers," as defined in DHS/CISA Guidance (healthcare providers, law enforcement, public safety, first responders, food and agriculture employees, etc.), annually acquire a new or used vehicle.

      We fully understand and completely support the need for social distancing to protect the public and everyone at dealerships. Most dealerships are family-owned, small businesses that have a vested interest in the welfare of their communities and the families of their customers and employees. Dealers already have instituted policies to minimize face-to-face interactions with their customers and are performing deep cleaning of their worksites and vehicles. In those states and other jurisdictions that permit vehicle sales during the crisis, dealership sales are not being conducted in open, traditional in- person transactions. Rather, during this health emergency, most dealership sales are being transacted remotely through their internet sales departments with virtual software that permits their customers to shop in the safety of their homes, negotiate sales, trade-ins and financing terms electronically, and take delivery of their vehicle in a controlled and sanitary “touchless delivery system” (with many vehicles being delivered directly to the customer’s home).

      Most consumers are concerned about their jobs, families and health and will not be in the market for new or used vehicles for weeks or months, so the overall effect of this additional capacity will be limited. However, for the many people who may need a replacement vehicle or a new vehicle for any number of reasons, the additional sales activity surely would be defined as vital or essential to them. Some of these include – but are certainly not limited to – going to the drug or grocery store or getting themselves or their family members to the doctor or hospital. Additionally, many of nation’s essential workers, including first responders, medical workers, grocery store employees, delivery drivers, and others providing similar services, may suddenly find that they need a more reliable way to get to these critical jobs. In short, there are thousands of scenarios that would prompt the urgent need for a car, SUV or truck – now more than ever. Our members would simply like to provide vehicles to those customers in a secure manner, while at the same time meeting our obligation to the public-at-large and our employees.

    page 2

    Requested Action

    We request that the previously issued Guidance by the DHS and CISA be amended to include – and that any future Executive Order issued by you include – the sale of light-, medium- and heavy-duty vehicles by dealers as an “essential service” that should be permitted during the crisis, provided that the sales are conducted in a safe and sanitary manner that protects the health and safety of the general public and our members’ customers and employees.

    Thank you for your consideration of our request and please let us know if there is any way in which America’s new-car and -truck dealers and manufacturers can further assist the nation during these trying times.

    page 3

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    Sincerely,

    Peter Welch
    President and CEO
    National Automobile Dealers Association and American Truck Dealers

    Damon Lester
    President
    National Association of Minority Automobile Dealers

    John Bozzella
    President and CEO
    Alliance for Automotive Innovation

    Cody Lusk
    President and CEO
    American International Automobile Dealers Association

    page3image33974224 page3image33965904 page3image33975264 page3image33975472

    Cc: The Honorable Mike Pence, Vice President of the United States

    The Honorable Mitch McConnell, Majority Leader, United States Senate
    The Honorable Charles Schumer, Minority Leader, United States Senate
    The Honorable Nancy Pelosi, Speaker, United States House of Representatives
    The Honorable Kevin McCarthy, Minority Leader, United States House of Representatives The Governors of the 50 States

    The Honorable Steven Mnuchin, Secretary of the Treasury The Honorable Elaine Chao, Secretary of Transportation

    The Honorable Eugene Scalia, Secretary of Labor
    The Honorable Wilber Ross, Jr., Secretary of Commerce

    The Honorable Chad Wolf, Acting Secretary of Homeland

  • 24 Mar 2020 10:16 AM | Myron Rau (Administrator)

    By Jared Allen, NADA Vice President of Communications

    President Trump has signed into law a multibillion-dollar emergency aid package aimed at helping employees impacted by the coronavirus. The new law provides certain eligible employees with potential coronavirus-related emergency paid sick leave, emergency family and medical leave, and expanded unemployment insurance. The Families First Coronavirus Response Act also includes tax credits for employers to offset the costs of providing such leaves.

    NADA hosts webinar on complying with employment laws during a pandemic

    The top ten employment-related legal issues, including the new law, were covered in NADA’s  webinar on key pandemic-related legal issues and mandates for automobile dealerships. More than 3,000 participants took part in the Running a Dealership During a Pandemic: Legal Issues and Federal Mandates on Thursday afternoon. An archive of  the webinar is available here.

    “Dealerships should convey to employees, customers and suppliers that they are monitoring the virus outbreak and will take proactive steps as necessary to protect everyone’s health and the business,” said legal expert Rick Warren, a labor attorney with FordHarrison LLP.

    Warren walked attendees through the various federal employment laws that impact dealerships who are managing staffing during a pandemic, including the Americans With Disabilities Act (ADA), the Worker Adjustment and Retraining Notification Act (WARN) and the Occupational Safety and Health Act (OSHA), among others.

    Dealerships should be aware of the multiple employment laws involved in operating a business in this rapidly changing environment, Warren said. For example, OSHA’s general duty clause requires that dealerships furnish employees with safe and healthy work environment. Since the Center for Disease Control recommends “social distancing” of at least six feet, dealerships  should take care to look for ways to configure their workspace to keep employees six feet apart.

    Navigating the new temporary mandates for sick pay and family medical leave pays

    Warren, who was joined by NADA Executive Vice President Legislative Affairs David Regan and NADA Chief Regulatory Counsel Doug Greenhaus, also gave an overview of the employer requirements in the new federal legislation on mandatory paid and family leave which President Trump signed into law this week. These mandates apply to companies with fewer than 500 employees. This temporary law will expire on December 31, 2020.

    The temporary emergency paid sick leave provisions give two weeks of paid sick leave to employees if they are out due to a coronavirus-related issue, including a federal, state or local quarantine or isolation order or if they have the virus. The paid sick leave is in addition to whatever paid sick leave the employer already offers, Warren explained. The amount of the benefit is the lesser of the employee’s regular pay rate, or $511 dollars per day and a total of $5110 per employee. The new law provides dealerships a payroll tax credit equal the lesser of the employee’s regular rate or $511 per day and a total of $5,110. Dealerships can claim this credit by reducing payroll tax deductions. The tax credit also will include  the additional cost of maintaining health care for employees who receive this sick leave..

    The temporary, expanded family and medical leave provisions gives up to 12 weeks of paid family and medical leave to employees who has been employed at least 30 days if they are unable to work or telework due to the need to care for a child under 18 years of age if that child’s school or daycare is unavailable because of a public health emergency related to COVID-19..

    Employees need to provide notice that they will be using FMLA and the first 10 days are unpaid unless employees elect to apply accrued leave, Warren noted. After 10 days, for those employees who qualify, employers must pay the LESSER of two-thirds of regular pay or $200 per day or $10,000 in the aggregate. The dealership can claim a tax credit for the FMLA in the same manner as for the sick pay.

    Both  provisions are subject to emergency guidance from the Department of Labor and the IRS, which is expected to issue within 15 days after enactment. NADA will file comments asking for clarification on a number of issues and encouraging as much flexibility as possible in implementing these mandates, especially for dealers with fewer than 50 employees who have not previously been subject to the MLA. NADA will send out additional analyses as clarifications become available, as well as an analyses of the implementing regulations upon issuance. Congress intends for the cost of these mandates to be covered by the tax credits, and NADA’s advocacy to the DOL and the IRS will focus on the scope of the new mandates and the ease of claiming the credit so that dealership liquidity and cash flow are not compromised.

    Next steps in Congress

    NADA recognizes the urgent need for economic assistance and is working closely with Congress and the Administration on the next package of legislative relief to create short-term liquidity for dealerships through expanded loan guarantees and tax provisions that will provide emergency access to cash on hand and working capital.

    Earlier this week, NADA, and almost 100 other groups, sent a letter to the President and Congressional leaders highlighting the severe economic burdens on the small business community and calling for needed remedies.

    Message from the NADA Chairman

    In a special message sent to NADA members on Thursday, NADA Chairman Rhett Ricart outlined the numerous actions that NADA is taking to make sure dealers’ interests are at the forefront of any legislative, regulatory or executive actions.

    “Franchised new-car and -truck dealers are essential businesses—for transportation, for the U.S. economy, for millions of American workers, for our first responders, and indeed for the health and well-being of our nation in a time of crisis,” Ricart wrote. “We must, and we will, make sure that everyone is well aware of that reality for as long as we need to.”

    Source: NADA

  • 24 Mar 2020 9:59 AM | Myron Rau (Administrator)

    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:

    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:

    1. 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.
    2. 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.
    3. 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.
    4. 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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