AN ACT to amend and reenact section 32-12.2-04 of the North Dakota Century Code, relating to notice requirements for claims against the state.
Summary
SB 2233 amends North Dakota’s notice statute for claims against the state and state employees. The bill requires a person making an injury claim to provide written notice to the director of the Office of Management and Budget within 180 days after the injury is discovered or reasonably should have been discovered, and within one year for claims involving serious injury. It also preserves existing tolling for incapacity and death claims, and it continues the waiver of notice deadlines for claims arising from sexual assault, sexual abuse, gross sexual imposition, or other claims based on sexual acts or sexual contact.
The bill also keeps the state’s claims-processing framework in place by requiring OMB to notify the relevant state entity, the attorney general, and any insurer or self-insurance pool after notice is received. It authorizes settlement of covered claims from the state risk management fund, including independent settlement authority for claims of $10,000 or less, and it requires claims to be paid from the risk management fund unless covered by insurance or a self-insurance pool. It further requires claimants who file suit to serve a copy of the summons, complaint, or other initial pleading on OMB when the action is commenced.
Impact
SB 2233 primarily affects North Dakota Century Code section 32-12.2-04, which governs notice and payment procedures for claims against the state and state employees. The bill clarifies and reorganizes the timing rules for notice, including the standard 180-day period, the one-year period for serious injury claims, and the existing exceptions for incapacity, death, and sexual misconduct-related claims. It does not create a new cause of action, but it reinforces procedural prerequisites that claimants must satisfy before pursuing or settling claims against the state.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the Senate unanimously, 45-0, and the House by a wide margin, 88-3, indicating strong bipartisan approval. The lack of committee transcript material suggests there was little recorded debate or opposition, and the voting pattern reflects general agreement with the bill’s claims-notice and settlement procedures.
Contention
The main points of potential contention are procedural rather than ideological: the deadlines for giving notice, the requirement to notify OMB and serve pleadings on the state, and the limits on who may settle claims and for how much. These provisions can matter to injured claimants, attorneys, state agencies, and the attorney general because they affect how quickly claims must be asserted and how the state manages liability exposure. The bill’s explicit waiver of notice deadlines for sexual assault and related claims also reflects a policy choice that may be significant to victims’ advocates, though no recorded opposition or committee debate is available in the provided materials.
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