§ 37-17.1-05 — The governor and disasters or emergencies - Penalty

North Dakota § 37-17.1-05

• Jurisdiction: North Dakota
• Title 37: Military
• Ch. 37-17.1: Emergency Services

Text

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.
a. Except as provided in subdivision b, the state of disaster or emergency continues
until the governor determines the threat of an emergency has passed or the
governor determines the disaster has been dealt with to the extent emergency
conditions no longer exist, whichever occurs first.
b. If a state of disaster or emergency relating to public health is declared and in
effect and the legislative assembly is not in session, the legislative management
may meet to vote on whether the legislative management should request the
governor call a special session of the legislative assembly. If the governor does
not call a special session within seven days after the legislative management
sends a request to the governor, the declared state of disaster or emergency
relating to public health terminates thirty days after the request from the
legislative management was sent to the governor. If the governor calls a special
session within seven days after the request from the legislative management was
sent, the special session must be held within fifteen days of the governor's call for
a special session. If the legislative assembly meets to address a declared state of
disaster or emergency, the legislative assembly by concurrent resolution may
terminate, extend, or modify the state of disaster or emergency.
c. The legislative assembly by concurrent resolution may terminate a state of
disaster or emergency at any time.
d. 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 that have brought it about or which make possible termination of the
state of disaster or emergency. An executive order or proclamation must be
disseminated promptly by means calculated to bring its contents to the attention
of the general public, unless the circumstances attendant upon the disaster or
emergency prevent or impede such dissemination, and it must be 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.
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 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. Notwithstanding subsection 3, if a state of disaster or emergency relating to public
health is declared and in effect, the governor may not issue an executive order under
this section unless the executive order specifically addresses the mitigation of the
declared state of disaster or emergency relating to public health.
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.
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 37-04.1-01.
10. Notwithstanding any other provision of law, an order, proclamation, rule, or regulation
issued pursuant to this section may not:
a. Substantially burden a person's exercise of religion unless the order is in
furtherance of a compelling governmental interest and is the least restrictive
means of furthering that compelling governmental interest;
b. Treat religious conduct more restrictively than any secular conduct of reasonably
comparable risk, unless the government demonstrates through clear and
convincing scientific evidence that a particular religious activity poses an
extraordinary health risk; or

c. Treat religious conduct more restrictively than comparable secular conduct
because of alleged economic need or benefit.
11. A person claiming to be aggrieved by a violation of subsection 10 may assert that
violation as a claim or defense in a judicial proceeding and obtain appropriate relief,
including costs and reasonable attorney's fees.
12. The governor may not issue an executive order that suspends or amends a provision
in a statute, order, or rule relating to a state or local requirement regarding minimum
number of physical polling places.