HB 1142 — Relating to the statutory caps for liability of political subdivisions and the state; and to provide an effective date.

25.0080.01000 Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025 HOUSE BILL NO.

1142 of(Representatives North Dakota Introduced by Representatives Pyle, Stemen, M.

Ruby, SchauerSchauer) Senators(Senators Roers, ThomasThomas) AAN BILLACT for an Act to amend and reenact sections 32-12.1-03 and 32-12.2-02 of the North Dakota Century Code, relating to the statutory caps for liability of political subdivisions and the state;

A political subdivision may not be held liable, or be ordered to Pageindemnify No.an employee held liable, for punitive or exemplary damages.

1 25.0080.01000 Sixty-ninth Legislative Assembly indemnify an employee held liable, for punitive or exemplary damages.

b.H.

B.

NO.

1142 - PAGE 2 b.

Page(1) No.Inspecting, licensing, approving, mitigating, warning, abating, or failing to so act regarding compliance with or the violation of any law, rule, regulation, or any condition affecting health or safety.

2 25.0080.01000 Sixty-ninth Legislative Assembly (1) Inspecting, licensing, approving, mitigating, warning, abating, or failing to so act regarding compliance with or the violation of any law, rule, regulation, or any condition affecting health or safety.

6.H.

AB. political subdivision is not liable for any claim based on an act or omission in the designation, repair, operation, or maintenance of a minimum maintenance road if that Page No.

3NO. 25.0080.01000 Sixty-ninth Legislative Assembly designation has been made in accordance with sections 24-07-35 through 24-07-37 and if the road has been maintained at a level to serve occasional and intermittent traffic.

1142 - PAGE 3 6.

A political subdivision is not liable for any claim based on an act or omission in the designation, repair, operation, or maintenance of a minimum maintenance road if that designation has been made in accordance with sections 24-07-35 through 24-07-37 and if the road has been maintained at a level to serve occasional and intermittent traffic.

The liability of political subdivisions under this chapter is limited to a total of twofivetwo hundred fifty thousandfive hundred thousand dollars per person and onetwo million dollars for any number of claims arising from any single occurrence regardless of the number of political subdivisions, or employees of such political subdivisions, which are involved in that occurrence.

Pageb. No.

4 25.0080.01000 Sixty-ninth Legislative Assembly b.

(2)H. Enforcing, monitoring, or failing to enforce or monitor conditions of sentencing, parole, probation, or juvenile supervision.

B.

NO.

1142 - PAGE 4 (2) Enforcing, monitoring, or failing to enforce or monitor conditions of sentencing, parole, probation, or juvenile supervision.

Page(3) No.Knowledge on the part of the political subdivision that inaction of the political subdivision could lead to harm.

5 25.0080.01000 Sixty-ninth Legislative Assembly (3) Knowledge on the part of the political subdivision that inaction of the political subdivision could lead to harm.

The state may only be held liable for money damages for an injury proximately caused by the negligence or wrongful act or omission of a state employee acting within the employee's scope of employment under circumstances in which the employee would be personally liable to a claimant in accordance with the laws of this state, or an injury caused from some condition or use of tangible property under circumstances in which Pagethe No.state, if a private person, would be liable to the claimant.

6 25.0080.01000 Sixty-ninth Legislative Assembly the state, if a private person, would be liable to the claimant.

The enactment of a law, rule, orH. regulation to protect any person's health, safety, property, or welfare does not create a duty of care on the part of the state, its employees, or its agents, if that duty would not otherwise exist.

B.

NO.

1142 - PAGE 5 or regulation to protect any person's health, safety, property, or welfare does not create a duty of care on the part of the state, its employees, or its agents, if that duty would not otherwise exist.

Page3. No.

7 25.0080.01000 Sixty-ninth Legislative Assembly 3.

(1)H. Inspecting, licensing, approving, mitigating, warning, abating, or failing to so act regarding compliance with or the violation of any law, rule, regulation, or any condition affecting health or safety.

B.

NO.

1142 - PAGE 6 (1) Inspecting, licensing, approving, mitigating, warning, abating, or failing to so act regarding compliance with or the violation of any law, rule, regulation, or any condition affecting health or safety.

"Public duty" does not include action of the state or a state employee under circumstances in which a special relationship can be established between the Pagestate No.and the injured party.

8 25.0080.01000 Sixty-ninth Legislative Assembly state and the injured party.

Pager. No.