{"id":"ND-080","kind":"order","level":"state","jurisdiction":"North Dakota","state":"ND","metro":"","industry":"","agency":"","eco":"","issuer":"Sixty-seventh Legislative Assembly (House Bill 1323); signed by Governor Burgum","authority":"New section to N.D.C.C. ch. 23-07","instrument":"House Bill 1323 (2021)","title":"\u0027A statewide elected official or the state health officer may not mandate an individual in this state use a face mask, face shield, or other face covering\u0027","dateIssued":"2021-04-27","effective":"2021-08-01 (no emergency clause; filed with the Secretary of State April 27, 2021; general effective date for 2021 legislation)","end":"In force (statute)","startDate":"2021-08-01","endDate":"2021-09-30","quarters":["2021Q3"],"types":["MASK","OTHER"],"addressees":["statewide elected officials","the State Health Officer"],"clause":"Limitations on requirements to wear a mask. A statewide elected official or the state health officer may not mandate an individual in this state use a face mask, face shield, or other face covering. This section applies, notwithstanding authority granted under other provisions of law, including section 23-01-05 and chapter 37-17.1.","enforcement":"Statutory limit on State officials","functions":["preemption analysis: limits the State only; political subdivisions, school boards and the University System are not named"],"notes":"House 67-24; Senate 30-17. The enrolled text reaches only \u0027a statewide elected official or the state health officer\u0027; it does not reach cities, counties, school districts or the State Board of Higher Education, which is why local and campus mask requirements were lawful in the third quarter of 2021.","sourceUrl":"https://ndlegis.gov/assembly/67-2021/documents/21-0189-04000.pdf","snapshot":"","fileExists":true,"fileBytes":52368,"grade":"primary","character":"","description":"","collection":"ND","url":"/library/ND-080","exhibitUrl":"/exhibit/ND-080","citation":"Sixty-seventh Legislative Assembly (House Bill 1323); signed by Governor Burgum, House Bill 1323 (2021) (Apr. 27, 2021) (Ex. ND-080)","stateName":"North Dakota","related":["DUT-ND-001"]}