Representative Koppelman, a member of the House, moved that the conference committee reject the Senate amendments to House Bill 14 54 and restore the House language; the panel approved the motion and agreed to replace the chapter reference with a new section of Chapter 23 and strike the line addressing the Department of Corrections, members said.
The change matters because the bill would create a statutory opt-out for required vaccinations for certain government employees and political subdivisions. Committee members debated where the language should sit in the North Dakota Century Code, which agencies should be exempted, and whether the measure should include a carve-out for public-health emergencies.
Senator Hogan, a member of the Senate, told the committee that the bill’s placement in the Century Code affects its intent and application. He noted the House and Senate versions placed the provision in different chapters and cautioned against unintended consequences from broad language that might interact with existing vaccine requirements in multiple code sections. Senator Hogan said the committee that drafted the Senate amendments limited exemptions to those who had specifically requested them and recommended careful cross-referencing of related code sections before finalizing placement.
Dr. Stephanie Grama, correctional health authority for the North Dakota Department of Corrections, testified that the department does not want to be listed in the bill and opposed including corrections staff in the opt-out language. "We did not mandate COVID vaccines," she said, and "despite no mandate, we had over 85 percent acceptance of vaccination for COVID in the DOCR residents." Grama said DOCR’s medical model emphasizes patient autonomy, education and informed decisions and that the department preferred not to have statutory language that could alter that process.
Several legislators said other entities requested formal exemptions. Senator Hogan and Senator Van Oosting reported that local public health units, human service zone directors, the state hospital and developmental disability providers had asked to be exempted. Senator Cobia urged preserving an exception for declared public-health emergencies; he said the committee’s Senate language included a clause that the opt-out "does not apply during a public health disaster or emergency declared."
Representative Coughlin and others debated the proper chapter placement, with several members saying the provision likely belongs in Chapter 23 rather than Chapter 32 because it concerns individual protections and public health practice rather than government liability. Committee counsel said a deeper review of Century Code cross-references would be needed and recommended creating a new section in Chapter 23 to reflect the committee’s intent.
Representative Koppelman, who described the House overhaul as reflecting the principle that individuals should decide what happens to their bodies, said the House language was intended to protect employee choice while allowing agencies to use education and reasonable accommodations. Other members pressed that agencies working with vulnerable populations may need different rules or accommodations.
On a roll call taken after debate, the motion to reject the Senate amendments and adopt the House-based change passed. The chair indicated the committee will carry the measure to the floor with the agreed edits and directed staff to confirm the proper Century Code placement and the final list of exemptions before floor action.
The committee did not adopt a final, exhaustive list of code cross-references during the meeting; members asked legislative counsel to examine all potentially affected sections of the Century Code and to report back if further changes are required.