The bill amends the Governmental Tort Claims Act to clarify liability for claims against the state and its political subdivisions, particularly regarding ongoing accidents or exposures. It introduces new legal language stating that claims based on continuous or repeated incidents will not be considered accrued until those circumstances have ceased. Additionally, the bill modifies liability limits for claims arising from incidents after October 1, 1985, maintaining a cap of $75,000 for property loss claims while establishing new caps for claims related to inconvenience or discomfort, which vary based on county population, ranging from $225,000 to $275,000.

Moreover, the bill sets specific liability limits for nuisance claims and wrongful felony convictions, capping nuisance claims in larger counties at $275,000 and wrongful felony conviction claims at $175,000, contingent on the claimant receiving a pardon or judicial relief. It also prohibits punitive damages against the state and allows for the recovery of court costs for prevailing plaintiffs in property damage claims. The bill outlines how damages will be apportioned among multiple claimants and establishes liability limits for resident physicians and public trust hospitals, with provisions for adjusting these limits for inflation every five years starting in 2031. The act is set to take effect on November 1, 2026.

Statutes affected:
Introduced: 51-152, 51-154