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ND SB2181

ND SB2181
The state health officer's authority and the governor's authority during a declared disaster or emergency; and to provide a penalty.


summary

Introduced
01/12/2021
In Committee
03/16/2021
Crossed Over
01/29/2021
Passed
03/25/2021
Dead
Signed/Enacted/Adopted
03/30/2021

Introduced Session

67th Legislative Assembly

Bill Summary

AN ACT to amend and reenact subsection 12 of section 23-01-05 and section 37-17.1-05 of the North Dakota Century Code, relating to the state health officer's authority and the governor's authority during a declared disaster or emergency; and to provide a penalty.

AI Summary

This bill amends the North Dakota Century Code to clarify the state health officer's authority and the governor's authority during a declared disaster or emergency. The key provisions include: 1. The state health officer can issue orders related to disease control measures, such as immunization and decontamination activities, and can apply for a court injunction to cancel public events or close businesses if necessary to prevent the spread of a communicable disease. However, such orders cannot substantially burden a person's exercise of religion unless it is the least restrictive means of furthering a compelling governmental interest, or treat religious conduct more restrictively than comparable secular conduct. 2. The governor can declare a state of disaster or emergency, which activates emergency management plans and gives the governor broad powers to manage the situation, such as suspending regulations, commandeering private property, directing evacuations, and controlling movement and access in affected areas. Similar to the health officer's orders, the governor's actions cannot substantially burden religious exercise or treat religious conduct more restrictively than comparable secular conduct. 3. Individuals who violate the governor's executive orders or proclamations during a declared disaster or emergency can be charged with an infraction.

Committee Categories

Justice

Sponsors (6)

Last Action

Signed by Governor 03/29 (on 03/30/2021)

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