{"id":"DUT-ND-005","kind":"duty","level":"state","jurisdiction":"North Dakota","state":"ND","metro":"","industry":"","agency":"","eco":"","issuer":"Legislative Assembly of North Dakota (codified statute; powers exercised by Governor Doug Burgum under Executive Order 2020-03)","authority":"N.D.C.C. title 37, ch. 37-17.1 (North Dakota Emergency Services Act, formerly the Disaster Act of 1985)","instrument":"N.D.C.C. 37-17.1-05 (with 37-17.1-10 for local declarations)","title":"The governor and disasters or emergencies - penalty","dateIssued":"2026-09-29","effective":"standing","end":"standing","startDate":"2026-09-29","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMER","CLOSE","STAY","GATH","CAP"],"addressees":["persons generally; all businesses and premises within the declared emergency area (statewide from Mar. 13, 2020 to Apr. 30, 2021: Ex. ND-001, ND-081)"],"clause":"Executive orders, proclamations, and regulations have the force of law.... Control ingress and egress in a designated disaster or emergency area, the movement of persons within the area, and the occupancy of premises therein.... Any person who willfully violates any provision of an executive order or proclamation issued by the governor pursuant to this chapter is guilty of an infraction.","enforcement":"Infraction (37-17.1-05(8)): fine to $1,000; third conviction within a year sentenced as a class B misdemeanor (12.1-32-01(7)); every closure, reopening-condition and capacity order recited \u0027Violations of this Order are an infraction and subject to a one-thousand dollar fine\u0027 and that \u0027All local, county and state law enforcement officers are authorized and directed to enforce the provisions of this Executive Order\u0027 (Ex. ND-013, ND-017, ND-028, ND-038, ND-062, ND-072)","functions":[],"notes":"Every executive order issued under the chapter carries \u0027the force of law\u0027 (37-17.1-05(2)); the Governor may control \u0027the movement of persons within the area, and the occupancy of premises therein\u0027 ((6)(g)), \u0027Suspend the provisions of any regulatory statute\u0027 ((6)(a)), \u0027commandeer or utilize any private property\u0027 ((6)(d)) and \u0027Direct and compel the evacuation of all or part of the population\u0027 ((6)(e)); willful violation of any provision of an executive order is a criminal offense ((8)); a declaration \u0027shall activate the state and local operational plans\u0027 ((4)).","sourceUrl":"https://ndlegis.gov/cencode/t37c17-1.pdf","snapshot":"","fileExists":true,"fileBytes":207164,"grade":"primary","character":"order_penalty","description":"","collection":"DUT-ND","url":"/library/DUT-ND-005","exhibitUrl":"/exhibit/DUT-ND-005","citation":"Legislative Assembly of North Dakota (codified statute; powers exercised by Governor Doug Burgum under Executive Order 2020-03), N.D.C.C. 37-17.1-05 (with 37-17.1-10 for local declarations) (standing) (Ex. DUT-ND-005)","stateName":"North Dakota","related":["ND-078","ND-013","ND-017","ND-028","ND-038","ND-062","ND-072"]}