{"id":"ND-078","kind":"order","level":"state","jurisdiction":"North Dakota","state":"ND","metro":"","industry":"","agency":"","eco":"","issuer":"Sixty-seventh Legislative Assembly (House Bill 1118); signed by Governor Burgum","authority":"N.D.C.C. § 23-01-05(12) and § 37-17.1-05(3) as amended; new § 54-03 section","instrument":"House Bill 1118 (2021), an emergency measure","title":"State Health Officer statewide orders permitted only during a Governor-declared statewide emergency, with the Governor\u0027s consent, and limited to its duration; legislative management may force a special session and the Legislative Assembly may terminate an emergency by concurrent resolution; public-health emergency executive orders must specifically address mitigation","dateIssued":"2021-04-22","effective":"2021-04-22 (emergency measure; filed with the Secretary of State April 22, 2021)","end":"In force (statute)","startDate":"2021-04-22","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["EMER","OTHER"],"addressees":["State Health Officer","Governor","Legislative Assembly"],"clause":"The state health officer shall limit a written order issued under this section to the geographical area affected by the communicable disease. The state health officer may not issue a statewide order under this section unless the governor has declared a statewide disaster or emergency under chapter 37-17.1 and the governor consents to the order. The statewide order is limited in duration to the duration of the declared disaster or emergency unless terminated earlier pursuant to chapter 37-17.1.... If the governor does not call a special session within seven days after the legislative management sends a request to the governor, the declared state of disaster or emergency relating to public health terminates thirty days after the request... The legislative assembly by concurrent resolution may terminate a state of disaster or emergency at any time.... SECTION 5. EMERGENCY. This Act is declared to be an emergency measure.","enforcement":"Statutory limits on executive authority","functions":["legal framework for Q2 and Q3 2021: no statewide health-officer order could exist after April 30, 2021"],"notes":"House vote 85-3; Senate 47-0. This statute is why every statewide State Health Officer order (isolation, household quarantine, post-mortem) terminated by operation of law when the emergency ended on April 30, 2021.","sourceUrl":"https://ndlegis.gov/assembly/67-2021/documents/21-0222-09000.pdf","snapshot":"","fileExists":true,"fileBytes":59462,"grade":"primary","character":"","description":"","collection":"ND","url":"/library/ND-078","exhibitUrl":"/exhibit/ND-078","citation":"Sixty-seventh Legislative Assembly (House Bill 1118); signed by Governor Burgum, House Bill 1118 (2021), an emergency measure (Apr. 22, 2021) (Ex. ND-078)","stateName":"North Dakota","related":["DUT-ND-001","DUT-ND-005"]}