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Ex. ND-078 Order Primary source read

House Bill 1118 (2021), an emergency measure

State Health Officer statewide orders permitted only during a Governor-declared statewide emergency, with the Governor's 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

Sixty-seventh Legislative Assembly (House Bill 1118); signed by Governor Burgum · North Dakota (State)

The COVID Project

The record

Jurisdiction
North Dakota
Level
State
Authority
N.D.C.C. § 23-01-05(12) and § 37-17.1-05(3) as amended; new § 54-03 section
Issued
2021-04-22 Apr. 22, 2021
Effective
2021-04-22 (emergency measure; filed with the Secretary of State April 22, 2021) (read as 2021-04-22)
End
In force (statute) (read as 2021-09-30)
In force
Apr. 22, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Emergency declarationOther
Addressees
  • State Health Officer
  • Governor
  • Legislative Assembly
Functions reached
  • legal framework for Q2 and Q3 2021: no statewide health-officer order could exist after April 30, 2021
Collection
North Dakota ND

Operative words

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

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.

Retrieval note

Filing date from the Legislative Assembly's bill overview ('Filed with Secretary Of State 04/22'); the bill-version PDF is the final passed text with signature blocks blank.