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
2020 Q22020 Q32020 Q42021 Q12021 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 noteFiling 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.