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HB 1454

Wire transmitter fees; fee amount; effective date.

2025 Regular Session Introduced by Jim Shaw

ND requires state and local governments to provide health, religious, or philosophical opt-outs before any vaccine mandate, limiting government-imposed vaccination.

Referred to Appropriations and Budget General Government Subcommittee
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Bill Summary · HB 1454

Summary — HB 1454 (North Dakota) — Opt‑out procedure for required vaccines

Status: Enacted as Act 674 (Governor signed April 30/May 1, 2025; filed with Secretary of State May 2, 2025). Introduced November 22, 2024.

Main purpose

Create a new section in North Dakota Century Code chapter 23‑12 to limit government vaccine mandates by requiring any state or local government entity that requires a vaccine (or similar preventive product) to provide an opt‑out procedure for health, religious, or philosophical reasons.

Key provisions

  • Creates a new statutory provision in chapter 23‑12 titled “Required vaccine — Opt‑out procedure.”
  • Prohibition: A state agency, political subdivision, or any other government entity may not require an individual to take or receive a vaccine (or similar product used to prevent disease) unless a procedure is made available allowing individuals to opt out for health, religious, or philosophical reasons.
  • Schools/day‑care carve‑out: For schools, day care centers, child care facilities, Head Start programs, and nursery schools, the bill requires compliance with existing section 23‑07‑17.1 (the state’s current statutory provisions governing school vaccine requirements and opt‑out procedures).
  • The enacted text does not specify detailed elements of the required opt‑out procedure (form, timing, documentation), nor does it set penalties or enforcement mechanisms.

Who is affected

  • Directly affects: state agencies, political subdivisions, and other government entities in North Dakota that impose vaccine requirements on individuals (for example, public‑sector employers, licensing or participation conditions tied to government programs).
  • Individuals subject to government vaccine requirements (employees, program participants, clients) — they would have to be offered health, religious, or philosophical opt‑out options.
  • Schools and child‑care programs remain governed by the existing school immunization statute (NDCC § 23‑07‑17.1), not by the new general opt‑out provision.
  • Private actors (private employers, private businesses) are not directly governed by this statute unless they are a government entity or subject to a government condition.

Procedural / timeline notes

  • Multiple committee amendments and conference committee changes were adopted during the 2025 session; earlier drafts contained wider exemption lists and other language that was removed or revised.
  • Final enrolled bill establishes the new section in chapter 23‑12 and was approved by both chambers, enrolled, and signed by the Governor (Act 674). The bill text provided does not state a separate effective date in the excerpts; it was filed with the Secretary of State on 05/02/2025. (If an effective date beyond filing is required, consult the official session laws or Secretary of State posting.)

Observations / practical effects

  • The law requires government entities to provide opt‑outs but does not define the required opt‑out procedure or documentation standards, leaving implementation details to agencies and subdivisions.
  • The statute does not (in the final version) enumerate explicit exemptions for particular government institutions (except that schools must follow § 23‑07‑17.1). Earlier versions included exemptions (e.g., corrections, public health units) and emergency‑period exceptions that were not retained in the final enrolled text.
  • Potential impacts include limiting the ability of government employers or programs to impose mandatory vaccination without offering opt‑outs; how that plays out will depend on administrative rules, agency guidance, and any legal challenges concerning scope, definitions, and public‑health obligations.

Compiled from official sources — confirm details with the bill’s official record.

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