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  3. ND-079

Ex. ND-079 Order Primary source read

House Bill 1175 (2021), an emergency measure with retroactive application (cross-reference to the existing library exhibit)

An Act to create and enact a new chapter to title 32 relating to business immunity from COVID-19 liability claims; to provide for retroactive application; and to declare an emergency

Sixty-seventh Legislative Assembly (House Bill 1175); signed by Governor Burgum April 23, 2021 · North Dakota (State)

The COVID Project

The record

Jurisdiction
North Dakota
Level
State
Authority
N.D. Const. art. IV; new chapter to N.D.C.C. title 32 (Judicial Remedies)
Issued
2021-04-23 Apr. 23, 2021
Effective
2021-04-23 (emergency measure); applies retroactively to January 1, 2020 (sec. 2) (read as 2021-04-23)
End
standing (statute) (read as 2021-09-30)
In force
Apr. 23, 2021 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOperating conditionOther
Addressees
  • businesses
  • health care providers and facilities
Functions reached
  • context: the Legislature's own findings about COVID-19 operating exposure
Collection
Standing duties: North Dakota DUT-ND

Operative words

AN ACT to create and enact a new chapter to title 32 of the North Dakota Century Code, relating to business immunity from COVID-19 liability claims; to provide for retroactive application; and to declare an emergency.... 'Health care facility' means any facility in which health care services are provided and includes... any field hospital, modular field-treatment facility, or other alternative care facility designated by the state department of health for temporary use related to the COVID-19 state of emergency

Enforcement

Civil immunity statute

Notes

Context only: the Governor's release of April 23, 2021 describes it as protecting 'health care providers, businesses and others from frivolous claims related to exposure to COVID-19'. Not an order limiting commerce.

Retrieval note

Not re-saved. The Act's structure is recorded exactly: the premises-owner immunity and the actual-injury bar are not conditioned on compliance (their exceptions are actual malice and intent to harm); the compliance condition is the 'Safe harbor' section, which is the immunity that reaches every 'act or omission' of any 'person', and it is measured against the 'statute, regulation, or order related to COVID-19 which was applicable... at the time'. The codified chapter number was not located in the Title 32 index on ndlegis.gov (chs. 32-03.3 and 32-03.4 are other subjects); the enrolled bill is the exhibit.