Bill Summary – FastDemocracy

0607.01000
     Sixty-seventh
     Legislative Assembly                    SENATE BILL NO. 2124
     of North Dakota
     Introduced by
       Senators Myrdal, Burckhard, Dever, Hogue
       Representatives Louser, Rohr
  A BILL for an Act to create and enact a new section to chapter 54-03 of the North Dakota
  Century Code, relating to permitting a virtual special session of the legislative assembly during
  an emergency or disaster; and 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 and
  governor's authority during a declared disaster or emergency; and to provide a penalty.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Subsection 12 of section 23-01-05 of the North Dakota Century
  Code is amended and reenacted as follows:
     12.   Issue any orders relating to disease control measures deemed necessary to prevent
          the spread of communicable disease during an emergency or disaster declared by the
          governor or as otherwise specifically authorized in this title. Disease control measures
          may include special immunization activities and decontamination measures. Written
          orders issued under this section shall have the same effect as a physician's standing
          medical order. The state health officer may apply to the district court in a judicial
          district where a communicable disease is present for an injunction canceling public
          events or closing places of business. On application of the state health officer showing
          the necessity of suchthe cancellation, the court may issue an ex parte preliminary
          injunction, pending a full hearing. An order issued under this section during an
          emergency or disaster may not exceed in duration or scope the authority of the
          governor under chapter 37.1-17.1.
     SECTION 2. AMENDMENT. Section 37-17.1-05 of the North Dakota Century Code is
 amended and reenacted as follows:
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     37-17.1-05. The governor and disasters or emergencies - Penalty.
      1.   The governor is responsible to minimize or avert the adverse effects of a disaster or
           emergency.
      2.   Under this chapter, the governor may issue executive orders and proclamations, and
           amend or rescind them. Executive orders, proclamations, and regulations have the
           force of law.
      3.   A disaster or emergency must be declared by executive order or proclamation of the
           governor if the governor determines a disaster has occurred or a state of emergency
           exists. The
          a.   Except as provided in subdivision b, the state of disaster or emergency shall
               continuecontinues until the governor determines that the threat of an emergency
               has passed or, the disaster has been dealt with to the extent that emergency
               conditions no longer exist, or the declared state of disaster or emergency has
               been in effect for thirty days, whichever occurs first.
          b.   A declared state of disaster or emergency may be extended for an additional
               thirty days beyond the initial thirty days if the governor, before or on the thirtieth
               day of the declared state of disaster or emergency, calls a special session of the
               legislative assembly to be held between the thirty-first and sixtieth day after the
               original declaration. The legislative assembly by concurrent resolution may
               terminate a state of disaster or emergency at any time.
          c.   If a state of disaster or emergency terminates after thirty or sixty days or is
               terminated by concurrent resolution of the legislative assembly, the governor may
               not declare another state of disaster or emergency for the same disaster or
               emergency conditions.
          d.   When a state of disaster or emergency terminates, an executive order issued
               under this section in response to the disaster or emergency ceases to be
               effective.
          e.   All executive orders or proclamations issued under this subsection must indicate
               the nature of the disaster or emergency, the area or areas threatened, the
               conditions whichthat have brought itthe disaster or emergency about or which
               make possible termination of the state of disaster or emergency. An executive
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                order or proclamation must be disseminated promptly by means calculated to
                bring itsthe order's contents to the attention of the general public, unless the
                circumstances attendant upon the disaster or emergency prevent or impede such
                dissemination, and itthe order must be promptly filed promptly with the
                department of emergency services, the legislative council, the secretary of state,
                and the county or city auditor of the jurisdictions affected.
      4.   An executive order or proclamation of a state of disaster or emergency shall activate
           the state and local operational plans applicable to the political subdivision or area in
           question and be authority for the deployment and use of any forces to which the plan
          or plans apply and for use or distribution of any supplies, equipment, and materials
          and facilities assembled, stockpiled, or arranged to be made available pursuant to this
          chapter or any other provision of law relating to a disaster or emergency.
     5.   During the continuance of any state of disaster or emergency declared by the
          governor, the governor is commander in chief of the emergency management
          organization and of all other forces available for emergency duty. To the greatest
          extent practicable, the governor shall delegate or assign command authority by prior
          arrangement embodied in appropriate executive orders or emergency operational
          plans, but nothing herein restricts the governor's authority to do so by orders issued at
          the time of the disaster or emergency.
     6.   In addition to any other powers conferred upon the governor by law, the governor may:
          a.   Suspend the provisions of any regulatory statute prescribing the procedures for
               conduct of state business, or the orders, rules, or regulations of any state agency,
               if strict compliance with the provisions of any statute, order, rule, or regulation
               would in any way prevent, hinder, or delay necessary action in managing a
               disaster or emergency.
          b.   Utilize all available resources of the state government as reasonably necessary
               to manage the disaster or emergency and of each political subdivision of the
               state.
          c.   Transfer the direction, personnel, or functions of state departments and agencies
               or units thereof for the purpose of performing or facilitating emergency
               management activities.
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           d.   Subject to any applicable requirements for compensation under section
                37-17.1-12, commandeer or utilize any private property if the governor finds this
                necessary to manage the disaster or emergency.
           e.   Direct and compel the evacuation of all or part of the population from any stricken
                or threatened area within the state if the governor deems this action necessary
                for the preservation of life or other disaster or emergency mitigation, response, or
                recovery.
           f.   Prescribe routes, modes of transportation, and destinations in connection with an
                evacuation.
          g.   Control ingress and egress in a designated disaster or emergency area, the
               movement of persons within the area, and the occupancy of premises therein.
          h.   Suspend or limit the sale, dispensing, or transportation of alcoholic beverages,
               explosives, and combustibles, not including ammunition.
          i.   Make provision for the availability and use of temporary emergency housing.
          j.   Make provisions for the control, allocation, and the use of quotas for critical
               shortages of fuel or other life and property sustaining commodities.
          k.   Designate members of the highway patrol, North Dakota national guard, or others
               trained in law enforcement, as peace officers.
     7.   The governor may not issue an executive order under this section which restricts the
          use or expenditure of any money appropriated by the legislative assembly.
     8.   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.
     8.   Authorize
     9.   The governor may authorize the adjutant general to recall to state active duty, on a
          volunteer basis, former members of the North Dakota national guard. Those recalled
          must possess the qualifications required by the disaster or emergency. Recall under
          this subsection is effective only for the duration of the disaster or emergency and
          recalled personnel will be released from state active duty upon competent authority
          that the requirement of their service under this subsection has passed. Compensation
          for personnel recalled under this subsection will be based upon section 37-07-05.
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     SECTION 3. A new section to chapter 54-03 of the North Dakota Century Code is created
  and enacted as follows:
     Virtual special session of the legislative assembly during emergency or disaster.
      1.   If the governor calls a special session of the legislative assembly to address a state of
           emergency or disaster or if the legislative assembly reconvenes to address a state of
           emergency or disaster, the legislative assembly may use any technology or electronic
           means available to conduct meetings and transact legislative business.
      2.   For purposes of section 7 of article IV of the Constitution of North Dakota, a meeting of
           the legislative assembly which occurs under this section is deemed to have occurred
          at the seat of the government, and all actions taken during the meeting have the same
          legal effect as if the members of the legislative assembly were physically present at
          the seat of government.
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Statutes affected: 
INTRODUCED: 23-01-05, 37-17.1-05
FIRST ENGROSSMENT - NOT ADOPTED: 23-01-05, 37-17.1-05
FIRST ENGROSSMENT: 23-01-05, 37-17.1-05
Prepared by the Legislative Council staff for Representative Weisz: 23-01-05, 37-17.1-05
0607.03009 : 23-01-05, 37-17.1-05
SECOND ENGROSSMENT: 23-01-05, 37-17.1-05
0607.03009: 23-01-05, 37-17.1-05