This bill amends sections 32-12.1-03 and 32-12.2-02 of the North Dakota Century Code, focusing on the liability limits for political subdivisions and the state. The amendments extend the current liability limits' effective date to June 30, 2026, while increasing the caps to $468,750 per person and $1,875,000 for claims arising from a single occurrence for both political subdivisions and the state. Additionally, the bill clarifies that punitive or exemplary damages cannot be awarded against these entities and outlines specific claims for which they cannot be held liable, such as those arising from discretionary functions and legislative acts.
Furthermore, the bill establishes that the state may only be liable for injuries caused by the negligence or wrongful acts of its employees within their employment scope, limiting liability to $255,000 per person and $2 million for multiple claims from a single occurrence. It specifies that claims against the state or its employees must be authorized by the chapter or the legislative assembly and that the enactment of public safety laws does not create a duty of care unless it would otherwise exist. The bill also lists exclusions from state liability, including tax assessments and injuries caused by wild animals, and emphasizes that claims must be initiated within a specified timeframe, without creating new claims that did not exist at common law as of April 22, 1995.
Statutes affected: INTRODUCED: 32-12.1-03, 32-12.2-02