The bill amends section 32-12.2-04 of the North Dakota Century Code, which outlines the notice requirements for claims against the state or state employees. It specifies that individuals must present a written notice of their claim to the director of the office of management and budget within 180 days of discovering the injury. For claims involving serious injuries, the notice period is extended to one year. Additionally, the bill introduces a provision that waives the notice requirement for claims resulting from sexual assault or abuse. The language regarding claims for death has been deleted, which previously allowed certain relatives to present claims within one year.
Furthermore, the bill establishes procedures for the director of the office of management and budget to notify relevant parties upon receipt of a claim and outlines the process for settling claims, including those over ten thousand dollars. It clarifies that claims will be paid from the risk management fund unless covered by insurance, and it includes provisions for loss adjustment expenses. Lastly, it mandates that individuals bringing legal actions against the state must deliver a copy of their legal documents to the director at the time of service, adding to existing civil procedure rules.
Statutes affected: INTRODUCED: 32-12.2-04
Enrollment: 32-12.2-04