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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 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 noteEffective 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.