This bill amends sections 32-12.1-03 and 32-12.2-02 of the North Dakota Century Code, which pertain to the liability limits for political subdivisions and the state. The amendments increase 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. Similarly, the state's liability cap is raised to the same amounts. The bill also removes the requirement for annual adjustments to these liability limits, with the changes set to take effect on June 30, 2026. Additionally, it clarifies the conditions under which political subdivisions and the state can be held liable, specifying exclusions for certain claims related to discretionary functions and public duties.
Furthermore, the bill addresses the liability of the state and its employees, establishing that the state may only be liable for injuries caused by the negligence or wrongful acts of state employees within their scope of employment. It sets a limit on the state's liability to $255,000 per person and $2 million for multiple claims from a single occurrence, while also requiring that claims against the state be authorized by the legislative assembly. The bill emphasizes that the enactment of laws aimed at protecting health or safety does not create a duty of care unless such a duty would exist independently. Overall, the bill seeks to clarify and limit the circumstances under which the state can be held liable for damages while increasing the financial limits for claims against both the state and political subdivisions.
Statutes affected: INTRODUCED: 32-12.1-03, 32-12.2-02
Enrollment: 32-12.1-03, 32-12.2-02