All Roll Calls
Yes: 116 • No: 22
North DakotaSB 22552025 Regular SessionSenate
AN ACT to amend and reenact section 23-01-05 of the North Dakota Century Code, relating to the qualifications, term, and duties of the state health officer.
Sponsored By: Judy Lee (Republican)
Became Law
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Religious protections in health orders
Health orders cannot substantially burden religious exercise unless there is a compelling interest and no less restrictive option. Religious conduct cannot be treated worse than similar secular activities unless clear, convincing science shows an extraordinary risk. It also cannot be treated worse because of claimed economic need or benefit. Anyone harmed by a violation can raise it in court and may recover costs and reasonable attorney fees.
Disease-control orders with clear limits
The state health officer can issue written orders to stop the spread of communicable diseases, including extra immunizations and decontamination. A written order counts the same as a doctor’s standing medical order. Any order must be limited to the area affected. A statewide order requires a governor-declared statewide emergency and the governor’s consent, and it lasts only for that emergency unless ended sooner by law. To cancel a public event or close a business, the officer must ask a district court where the disease is present. A judge may issue a quick temporary order if the officer shows it is necessary.
New rules for state health officer
The governor appoints the state health officer. The officer must be a physician with public health and leadership experience, or similar training and experience. The governor sets the salary within the department’s budget. The officer gets reimbursed for necessary travel on official business and cannot have outside work that conflicts with the job. The officer serves at the governor’s pleasure. The officer must advise on health strategy, support local health offices, build local services, and recommend how health funds are shared. The health commissioner may appoint at least three licensed physicians, recommended by the state medical association, to advise the officer; members are reimbursed for expenses, serve at the commissioner’s pleasure, have terms that match the officer’s term, and their meetings are not subject to open-meeting rules.
Sponsors & Cosponsors
Sponsor
Judy Lee
Republican • Senate
Cosponsors
Todd Porter
Republican • House
Matthew Ruby
Republican • House
Dick Dever
Republican • Senate
Kathy Hogan
Democratic • Senate
Roll Call Votes
House vote • 3/26/2025
Second reading, passed, yeas 76 nays 16
Yes: 76 • No: 16
Senate vote • 2/3/2025
Second reading, passed, yeas 40 nays 6
Yes: 40 • No: 6
Actions Timeline
Filed with Secretary Of State 04/03
4/4/2025HouseSigned by Governor 04/02
4/3/2025SenateSent to Governor
3/31/2025SenateSigned by President
3/31/2025SenateSigned by Speaker
3/31/2025HouseReturned to Senate
3/27/2025SenateSecond reading, passed, yeas 76 nays 16
3/26/2025HouseReported back, do pass, place on calendar 11 0 2
3/21/2025HouseCommittee Hearing 03:45
3/5/2025HouseIntroduced, first reading, referred Human Services Committee
2/18/2025HouseReceived from Senate
2/4/2025HouseSecond reading, passed, yeas 40 nays 6
2/3/2025SenateAmendment adopted, placed on calendar
1/31/2025SenateReported back amended, do pass, amendment placed on calendar 6 0 0
1/30/2025SenateCommittee Hearing 11:15
1/27/2025SenateIntroduced, first reading, referred Human Services Committee
1/20/2025Senate
Bill Text
Adopted by the Senate Human Services Committee
Enrollment
FIRST ENGROSSMENT
INTRODUCED
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