SB 2206 — A BILL 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.

25.0285.0300025.0285.04000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED SENATE BILL NO.

2206 of North Dakota Introduced by Senators Conley, Rummel, Clemens Representatives K.

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.

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 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 39-21-41.428-01-17 of the North Dakota Century Code is amended and reenacted as follows:

Page28-01-17. No.

1Actions 25.0285.03000having Sixty-ninththree-year Legislativelimitations Assembly- 39-21-41.4.Exceptions.

UseThe offollowing safetyactions beltsmust requiredbe incommenced certainwithin motorthree vehiclesyears -after Enforcementthe -claim Evidence.for relief has accrued:

AAn driveraction mayagainst nota operatesheriff or coroner upon a highwayliability aincurred motorby vehiclethe designeddoing forof carryingan feweract thanin eleventhe passengers,sheriff's whichor wascoroner's originallyofficial manufacturedcapacity withand safetyby beltsvirtue unlessof eachthat occupantoffice, isor wearingby athe properlyomission adjustedof andan fastenedofficial safetyduty, belt.including the nonpayment of money collected upon an execution.

However, this subsection does not apply to an action for an escape.

ThisAn sectionaction doesupon nota applystatute for a penalty or forfeiture, if the action is given to a:the party aggrieved, or to such party and the state, unless the statute imposing it prescribes a different limitation.

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.

AAn physician,action physicianfor assistant,the orforeclosure advancedof practice registered nurse who, in good faith, provides a statementconstruction thatlien. restraint would be inappropriate is not subject to civil liability.

A4. violation for not wearing a safety belt under this section is not, in itself, evidence of negligence.

TheAn factaction ofagainst aan violationemployer offor thisan sectioninjury isto notor admissiblethe indeath anyof proceedingan individual, other than onethe chargingowner or operator, occurring during the violation.operation of a commercial motor vehicle.

SECTION 4.

A new section to chapter 39-21 of the North Dakota Century Code is created and enacted as follows: