SB 2206 — Relating to civil actions having three‑year limitations.

25.0285.0300125.0285.04000 Adopted by the Judiciary Committee Title.04000 January 28, 2025 Sixty-ninth Legislative Assembly of North Dakota PROPOSEDFIRST AMENDMENTSENGROSSMENT TOENGROSSED SENATE BILL NO.

Anderson, Grueneich, Hauck A BILL for an Act to createamend and enactreenact a new subsection to section 28-01-18,28-01-17, a new section to chapter 32-03, and a new section to chapter 39-21 of the North Dakota Century Code, relating to civil actions having two-yearthree-year limitations,limitations. limiting noneconomic damages against a commercial motor carrier, and evidence of safety belt usage in civil actions;

and to amend and reenact section 39-21-41.4 of the North Dakota Century Code, relating to requiring safety belts in certain motor vehicles;

and to provide a penalty.for an Act to amend and reenact section 28-01-17 of the North Dakota Century Code, relating to civil actions having three-year limitations.

A new subsection to section 28-01-18 of the North Dakota Century Code is created and enacted as follows:

An action against a commercial motor carrier for an injury to or the death of an individual other than the owner or operator of the commercial motor vehicle involved.

SECTION 2.

A new section to chapter 32-03 of the North Dakota Century Code is created and enacted as follows:

Commercial motor carrier - Noneconomic damages limited - Reduction of award.

The total amount a person may recover from the owner or operator of a commercial motor carrier for noneconomic damages in a civil action for injury, death, or other loss resulting from the operation of a commercial motor vehicle requiring a commercial driver's license may not exceed five hundred thousand dollars.

A jury in a civil action against a commercial motor carrier Page No.

1 25.0285.03001 Sixty-ninth Legislative Assembly may not be informed of the limitation on noneconomic damages.

If a jury awards an amount exceeding five hundred thousand dollars, the court shall reduce the amount to comply with this section.

SECTION 3.

Section 39-21-41.4 of the North Dakota Century Code is amended and reenacted as follows:

39-21-41.4.

Use of safety belts required in certain motor vehicles - Enforcement - Evidence.

1.

A driver may not operate upon a highway a motor vehicle designed for carrying fewer than eleven passengers, which was originally manufactured with safety belts unless each occupant is wearing a properly adjusted and fastened safety belt.

2.

This section does not apply to a:

a.

A child in a child restraint or safety belt in accordance with section 39-21-41.2;

to drivers b.

Drivers of implements of husbandry;

to operators c.

Operators of farm vehicles as defined in subsection 5 of section 39-04-19;

to rural d.

Rural mail carriers while on duty delivering mail;

to an e.

An occupant with a medical or physically disabling condition that prevents appropriate restraint in a safety belt, if a qualified physician, physician assistant, or advanced practice registered nurse states in a signed writing the nature of the condition and the reason restraint is inappropriate;

to an f.

An occupant who is an emergency medical services personnel, during the provision of direct patient care;

or when g.

When all safety belts are in use by other occupants.

3.

A physician, physician assistant, or advanced practice registered nurse who, in good faith, provides a statement that restraint would be inappropriate is not subject to civil liability.

A violation for not wearing a safety belt under this section is not, in itself, evidence of negligence.

The fact of a violation of this section is not admissible in any proceeding other than one charging the violation.

SECTION 4.