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Ex. ND-080 Order Primary source read

House Bill 1323 (2021)

'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'

Sixty-seventh Legislative Assembly (House Bill 1323); signed by Governor Burgum · North Dakota (State)

The COVID Project

The record

Jurisdiction
North Dakota
Level
State
Authority
New section to N.D.C.C. ch. 23-07
Issued
2021-04-27 Apr. 27, 2021
Effective
2021-08-01 (no emergency clause; filed with the Secretary of State April 27, 2021; general effective date for 2021 legislation) (read as 2021-08-01)
End
In force (statute) (read as 2021-09-30)
In force
Aug. 1, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementOther
Addressees
  • statewide elected officials
  • the State Health Officer
Functions reached
  • preemption analysis: limits the State only; political subdivisions, school boards and the University System are not named
Collection
North Dakota ND

Operative words

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

Notes

House 67-24; Senate 30-17. The enrolled text reaches only 'a statewide elected official or the state health officer'; 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.

Retrieval note

Effective date of August 1, 2021 follows N.D. Const. art. IV, § 13 for acts without an emergency clause; the bill overview records filing on April 27, 2021.