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Ex. DUT-ND-005 Standing duty Primary source read

N.D.C.C. 37-17.1-05 (with 37-17.1-10 for local declarations)

The governor and disasters or emergencies - penalty

Legislative Assembly of North Dakota (codified statute; powers exercised by Governor Doug Burgum under Executive Order 2020-03) · North Dakota (State)

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The record

Jurisdiction
North Dakota
Level
State
Authority
N.D.C.C. title 37, ch. 37-17.1 (North Dakota Emergency Services Act, formerly the Disaster Act of 1985)
Issued
2026-09-29 Sept. 29, 2026
Effective
standing (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStay-at-homeBusiness closureCapacity limitGathering capStanding duty
Addressees
  • persons generally; all businesses and premises within the declared emergency area (statewide from Mar. 13, 2020 to Apr. 30, 2021: Ex. ND-001, ND-081)
Character
order penalty
Collection
Standing duties: North Dakota DUT-ND

Operative words

Executive orders, proclamations, and regulations have the force of law.... Control ingress and egress in a designated disaster or emergency area, the movement of persons within the area, and the occupancy of premises therein.... Any person who willfully violates any provision of an executive order or proclamation issued by the governor pursuant to this chapter is guilty of an infraction.

Penalty

Infraction (37-17.1-05(8)): fine to $1,000; third conviction within a year sentenced as a class B misdemeanor (12.1-32-01(7)); every closure, reopening-condition and capacity order recited 'Violations of this Order are an infraction and subject to a one-thousand dollar fine' and that 'All local, county and state law enforcement officers are authorized and directed to enforce the provisions of this Executive Order' (Ex. ND-013, ND-017, ND-028, ND-038, ND-062, ND-072)

What it required

Every executive order issued under the chapter carries 'the force of law' (37-17.1-05(2)); the Governor may control 'the movement of persons within the area, and the occupancy of premises therein' ((6)(g)), 'Suspend the provisions of any regulatory statute' ((6)(a)), 'commandeer or utilize any private property' ((6)(d)) and 'Direct and compel the evacuation of all or part of the population' ((6)(e)); willful violation of any provision of an executive order is a criminal offense ((8)); a declaration 'shall activate the state and local operational plans' ((4)).

Retrieval note

Executive Order 2020-06 recited that its purpose was 'to limit the movement of individuals in the State, and control the occupancy and use of buildings and premises', tracking 37-17.1-05(6)(g). Subsection 7 (public-health executive orders 'must specifically address the mitigation of the declared state of disaster or emergency') and the legislative-management termination mechanism in subsection 3(b)-(c) date from HB 1118 (Ex. ND-078) and are post-period. Subsection 10 (religious exercise) is also a 2021 addition.