The bill amends sections 32-12.1-03 and 32-12.2-02 of the North Dakota Century Code, which pertain to liability limits for political subdivisions and the state. It raises the liability caps for political subdivisions from $375,000 to $468,750 per person and from $1 million to $1,875,000 for multiple claims arising from a single occurrence. The state’s liability limits are similarly increased. Additionally, the bill removes the requirement for annual adjustments to these limits and clarifies that neither political subdivisions nor the state can be held liable for certain claims, including those related to discretionary functions and legislative acts. The effective date for these changes is set for June 30, 2026.

Furthermore, the bill clarifies the conditions under which the state can be held liable for damages, specifying that liability is limited to injuries caused by the negligence or wrongful acts of state employees within their scope of employment, with caps set at $255,000 per person and $2 million for multiple claims. It also outlines exclusions from liability, such as claims related to public duties and tax assessments. The bill emphasizes that the enactment of health and safety regulations does not create a duty of care unless it would exist independently, and it establishes a timeframe for initiating claims while ensuring no new claims are recognized that were not acknowledged by common law as of April 22, 1995.

Statutes affected:
INTRODUCED: 32-12.1-03, 32-12.2-02
Enrollment: 32-12.1-03, 32-12.2-02