Page:2021 North Dakota Session Laws.pdf/2144

Measures Approved Over Governor's Veto MEASURES APPROVED OVER GOVERNOR'S VETO

CHAPTER 508

HOUSE BILL NO. 1323

(Representative Hoverson, Magrum)

(Senator O. Larsen)

AN ACT to create and enact a new section to chapter 23-07 of the North Dakota Century Code, relating to limitations on mask wearing requirements.

VETO

April 21, 2021

The Honorable Kim Koppelman

Speaker of the House

North Dakota House of Representatives

State Capitol

Bismarck, ND

Re: House Bill 1323

Dear Speaker Koppelman:

Pursuant to Article V, Section 9 of the North Dakota Constitution, I have vetoed House Bill 1323 and return it to the House.

North Dakota law assigns the governor the responsibility "to minimize or avert the adverse effects of a disaster or emergency." Likewise, the state health officer is responsible for issuing "any orders relating to disease control measures deemed necessary to prevent the spread of communicable disease."

House Bill 1323 would prohibit a statewide elected official or the state health officer from mandating the use of a face mask, face shield or other face covering.

To strip future governors and their state health officers of any low-cost tool that might be used to save lives and livelihoods in a future pandemic or other emergency would be both irresponsible and an unnecessary risk to the future public health and wellbeing of North Dakota citizens.

North Dakota implemented the shortest statewide mask requirement in the country, lasting 65 days. This tool was used briefly and judiciously, in combination with other protocols, at a time when North Dakota's health care facilities and staff were overwhelmed with patients and pandemic-related deaths of North Dakota citizens