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)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 1 costs, 2 mixed.
Religious practice gains health-order protections
Health officer orders cannot substantially burden religious practice without a compelling government interest and the least restrictive approach. Religious conduct cannot face stricter treatment than comparable nonreligious conduct without clear and convincing scientific evidence of extraordinary health risk. Economic need or benefit cannot justify religious discrimination. People harmed by violations can seek court relief, including costs and reasonable attorney's fees.
Health advisory meetings lack public-access rules
The law creates a committee to advise the state health officer on public health matters when asked. The health and human services commissioner appoints members and decides how long they serve. Members receive reimbursement for official duties under rules for other state officers. Committee meetings do not have to follow the state's open-meeting requirements, limiting guaranteed public access.
New rules for state health leadership
North Dakota's governor appoints a state health officer who no longer needs to be a physician. The officer must have public health education, training, or experience, plus relevant leadership experience. The officer serves at the governor's pleasure instead of a four-year term. The governor sets pay within the department's approved budget, without the former rule linking pay to training and experience. The law also removes this section's ban on outside work that could conflict with official duties. Necessary official travel expenses are covered. The officer advises on health policy, supports local health services, allocates health funds to local areas, and performs other legally required duties.
Disease-control orders face geographic and court limits
The state health officer can issue written orders needed to stop communicable disease, including immunization and decontamination measures. These orders have the same effect as a physician's standing medical order and must cover only affected areas. Statewide orders require both a governor-declared statewide disaster or emergency and the governor's consent. They last only during that declaration, unless ended earlier under state emergency law. To cancel a public event or close a business when necessary, the officer can seek a district court order. The court can grant temporary relief without first hearing the other side, pending a full hearing.
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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