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-25.1336.01000
-Sixty-ninth
+25.1336.01001
+Title.02000
+Prepared by the Legislative Council
+staff for Senator Paulson
+Sixty-ninth
+February 11, 2025
 Legislative Assembly
 of North Dakota
 Introduced by
@@ -10,11 +14,246 @@
 Century Code, relating to limitation of liability for children residing at the Heart River correctional
 center.
 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
-SECTION 1. AMENDMENT. Section 32-12.2-02 of the North Dakota Century Code is
+      SECTION 1. AMENDMENT. Section 32-12.2-02 of the North Dakota Century Code is
 amended and reenacted as follows:
-32-12.2-02. Liability of the state - Limitations - Statute of limitations. (Effective
+      32-12.2-02. Liability of the state - Limitations - Statute of limitations. (Effective
 through July 31, 2027)
-1. The state may only be held liable for money damages for an injury proximately caused
+      1.    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
+the state, if a private person, would be liable to the claimant. No claim may be brought
+against the state or a state employee acting within the employee's scope of
+employment except a claim authorized under this chapter or otherwise authorized by
+the legislative assembly. The enactment of a law, rule, or regulation to protect any
+Page No. 1 25.1336.01001
+ SENATE BILL NO. 2352
+PROPOSED AMENDMENTS TO
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+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.
+      2.    The liability of the state under this chapter is limited to a total of three hundred
+seventy-five thousand dollars per person and one million dollars for any number of
+claims arising from any single occurrence. The state may not be held liable, or be
+ordered to indemnify a state employee held liable, for punitive or exemplary damages.
+Any amount of a judgment against the state in excess of the one million dollar limit
+imposed under this subsection may be paid only if the legislative assembly adopts an
+appropriation authorizing payment of all or a portion of that amount. A claimant may
+present proof of the judgment to the director of the office of management and budget
+who shall include within the proposed budget for the office of management and budget
+a request for payment for the portion of the judgment in excess of the limit under this
+section at the next regular session of the legislative assembly after the judgment is
+rendered. The liability limits under this subsection must be adjusted annually as
+follows:
+              a.    On July 1, 2023, a total of four hundred six thousand two hundred and fifty dollars
+per person and one million six hundred twenty-five thousand dollars for any
+single occurrence.
+              b.    On July 1, 2024, a total of four hundred thirty-seven thousand five hundred
+dollars per person and one million seven hundred fifty thousand dollars for any
+single occurrence.
+              c.    On July 1, 2025, a total of four hundred sixty-eight thousand seven hundred fifty
+dollars per person and one million eight hundred seventy-five thousand dollars
+per occurrence.
+              d.    On July 1, 2026, a total of five hundred thousand dollars per person and two
+million dollars per occurrence.
+      3.    Neither the state nor a state employee may be held liable under this chapter for any of
+the following claims:
+              a.    A claim based upon an act or omission of a state employee exercising due care
+in the execution of a valid or invalid statute or rule.
+Page No. 2 25.1336.01001
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+              b.    A claim based upon a decision to exercise or perform or a failure to exercise or
+perform a discretionary function or duty on the part of the state or its employees,
+regardless of whether the discretion involved is abused or whether the statute,
+order, rule, or resolution under which the discretionary function or duty is
+performed is valid or invalid. Discretionary acts include acts, errors, or omissions
+in the design of any public project but do not include the drafting of plans and
+specifications that are provided to a contractor to construct a public project.
+              c.    A claim resulting from the decision to undertake or the refusal to undertake any
+legislative or quasi-legislative act, including the decision to adopt or the refusal to
+adopt any statute, order, rule, or resolution.
+              d.    A claim resulting from a decision to undertake or a refusal to undertake any
+judicial or quasi-judicial act, including a decision to grant, to grant with conditions,
+to refuse to grant, or to revoke any license, permit, order, or other administrative
+approval or denial.
+              e.    A claim relating to injury directly or indirectly caused by a person who is not
+employed by the state.
+               f.    A claim relating to injury directly or indirectly caused by the performance or
+nonperformance of a public duty, including:
+                     (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.
+                     (2)    Enforcing, monitoring, or failing to enforce or monitor conditions of
+sentencing, parole, probation, or juvenile supervision.
+                     (3)    Providing or failing to provide law enforcement services in the ordinary
+course of a state's law enforcement operations.
+              g.    "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
+state and the injured party. A special relationship is demonstrated if all of the
+following elements exist:
+                     (1)    Direct contact between the state and the injured party.
+Page No. 3 25.1336.01001
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+                     (2)    An assumption by the state, by means of promises or actions, of an
+affirmative duty to act on behalf of the party who allegedly was injured.
+                     (3)    Knowledge on the part of the state that inaction of the state could lead to
+harm.
+                     (4)    The injured party's justifiable reliance on the state's affirmative undertaking,
+occurrence of the injury while the injured party was under the direct control
+of the state, or the state action increases the risk of harm.
+              h.    A claim resulting from the assessment and collection of taxes.
+               i.    A claim resulting from snow or ice conditions, water, or debris on a highway or on
+a public sidewalk that does not abut a state-owned building or parking lot, except
+when the condition is affirmatively caused by the negligent act of a state
+employee.
+               j.    A claim resulting from any injury caused by a wild animal in its natural state.
+              k.    A claim resulting from the condition of unimproved real property owned or leased
+by the state.
+               l.    A claim resulting from the loss of benefits or compensation due under a program
+of public assistance.
+             m.    A claim resulting from the reasonable care and treatment, or lack of care and
+treatment, of a person at a state institution where reasonable use of available
+appropriations has been made to provide care.
+              n.    A claim resulting from damage to the property of a patientresident or inmate of a
+state institution.
+              o.    A claim resulting from any injury to a resident or an inmate of a state institution if
+the injury is caused by another resident or inmate of that institution.
+              p.    A claim resulting from environmental contamination, except to the extent that
+federal environmental law permits the claim.
+              q.    A claim resulting from a natural disaster, an act of God, a military action, or an act
+or omission taken as part of a disaster relief effort.
+               r.    A claim for damage to property owned by the state.
+              s.    A claim for liability assumed under contract, except this exclusion does not apply
+to liability arising from a state employee's operation of a rental vehicle if the loss
+Page No. 4 25.1336.01001
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+is not covered by the state employee's personal insurance or by the vehicle rental
+company.
+               t.    A claim resulting from an injury to a child residing at the Heart River correctional
+center, except when the injury is affirmatively caused by the negligent act of a
+state employee.
+      4.    An action brought under this chapter must be commenced within the period provided
+in section 28-01-22.1.
+      5.    This chapter does not create or allow any claim that does not exist at common law or
+has not otherwise been created by law as of April 22, 1995.
+      Liability of the state - Limitations - Statute of limitations. (Effective after July 31,
+2027)
+      1.    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
@@ -25,244 +264,7 @@
 the legislative assembly. The enactment of a law, rule, 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.
-2. The liability of the state under this chapter is limited to a total of three hundred
-seventy-five thousand dollars per person and one million dollars for any number of
-claims arising from any single occurrence. The state may not be held liable, or be
-Page No. 1 25.1336.01000
- SENATE BILL NO. 2352
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-ordered to indemnify a state employee held liable, for punitive or exemplary damages.
-Any amount of a judgment against the state in excess of the one million dollar limit
-imposed under this subsection may be paid only if the legislative assembly adopts an
-appropriation authorizing payment of all or a portion of that amount. A claimant may
-present proof of the judgment to the director of the office of management and budget
-who shall include within the proposed budget for the office of management and budget
-a request for payment for the portion of the judgment in excess of the limit under this
-section at the next regular session of the legislative assembly after the judgment is
-rendered. The liability limits under this subsection must be adjusted annually as
-follows:
-a. On July 1, 2023, a total of four hundred six thousand two hundred and fifty dollars
-per person and one million six hundred twenty-five thousand dollars for any
-single occurrence.
-b. On July 1, 2024, a total of four hundred thirty-seven thousand five hundred
-dollars per person and one million seven hundred fifty thousand dollars for any
-single occurrence.
-c. On July 1, 2025, a total of four hundred sixty-eight thousand seven hundred fifty
-dollars per person and one million eight hundred seventy-five thousand dollars
-per occurrence.
-d. On July 1, 2026, a total of five hundred thousand dollars per person and two
-million dollars per occurrence.
-3. Neither the state nor a state employee may be held liable under this chapter for any of
-the following claims:
-a. A claim based upon an act or omission of a state employee exercising due care
-in the execution of a valid or invalid statute or rule.
-b. A claim based upon a decision to exercise or perform or a failure to exercise or
-perform a discretionary function or duty on the part of the state or its employees,
-regardless of whether the discretion involved is abused or whether the statute,
-order, rule, or resolution under which the discretionary function or duty is
-performed is valid or invalid. Discretionary acts include acts, errors, or omissions
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-in the design of any public project but do not include the drafting of plans and
-specifications that are provided to a contractor to construct a public project.
-c. A claim resulting from the decision to undertake or the refusal to undertake any
-legislative or quasi-legislative act, including the decision to adopt or the refusal to
-adopt any statute, order, rule, or resolution.
-d. A claim resulting from a decision to undertake or a refusal to undertake any
-judicial or quasi-judicial act, including a decision to grant, to grant with conditions,
-to refuse to grant, or to revoke any license, permit, order, or other administrative
-approval or denial.
-e. A claim relating to injury directly or indirectly caused by a person who is not
-employed by the state.
-f. A claim relating to injury directly or indirectly caused by the performance or
-nonperformance of a public duty, including:
-(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.
-(2) Enforcing, monitoring, or failing to enforce or monitor conditions of
-sentencing, parole, probation, or juvenile supervision.
-(3) Providing or failing to provide law enforcement services in the ordinary
-course of a state's law enforcement operations.
-g. "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
-state and the injured party. A special relationship is demonstrated if all of the
-following elements exist:
-(1) Direct contact between the state and the injured party.
-(2) An assumption by the state, by means of promises or actions, of an
-affirmative duty to act on behalf of the party who allegedly was injured.
-(3) Knowledge on the part of the state that inaction of the state could lead to
-harm.
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-(4) The injured party's justifiable reliance on the state's affirmative undertaking,
-occurrence of the injury while the injured party was under the direct control
-of the state, or the state action increases the risk of harm.
-h. A claim resulting from the assessment and collection of taxes.
-i. A claim resulting from snow or ice conditions, water, or debris on a highway or on
-a public sidewalk that does not abut a state-owned building or parking lot, except
-when the condition is affirmatively caused by the negligent act of a state
-employee.
-j. A claim resulting from any injury caused by a wild animal in its natural state.
-k. A claim resulting from the condition of unimproved real property owned or leased
-by the state.
-l. A claim resulting from the loss of benefits or compensation due under a program
-of public assistance.
-m. A claim resulting from the reasonable care and treatment, or lack of care and
-treatment, of a person at a state institution where reasonable use of available
-appropriations has been made to provide care.
-n. A claim resulting from damage to the property of a patientresident or inmate of a
-state institution.
-o. A claim resulting from any injury to a resident or an inmate of a state institution if
-the injury is caused by another resident or inmate of that institution.
-p. A claim resulting from environmental contamination, except to the extent that
-federal environmental law permits the claim.
-q. A claim resulting from a natural disaster, an act of God, a military action, or an act
-or omission taken as part of a disaster relief effort.
-r. A claim for damage to property owned by the state.
-s. A claim for liability assumed under contract, except this exclusion does not apply
-to liability arising from a state employee's operation of a rental vehicle if the loss
-is not covered by the state employee's personal insurance or by the vehicle rental
-company.
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-t. A claim resulting from an injury to a child residing at the Heart River correctional
-center, except when the injury is affirmatively caused by the negligent act of a
-state employee.
-4. An action brought under this chapter must be commenced within the period provided
-in section 28-01-22.1.
-5. This chapter does not create or allow any claim that does not exist at common law or
-has not otherwise been created by law as of April 22, 1995.
-Liability of the state - Limitations - Statute of limitations. (Effective after July 31,
-2027)
-1. 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
-the state, if a private person, would be liable to the claimant. No claim may be brought
-against the state or a state employee acting within the employee's scope of
-employment except a claim authorized under this chapter or otherwise authorized by
-the legislative assembly. The enactment of a law, rule, 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.
-2. The liability of the state under this chapter is limited to a total of two hundred fifty
+      2.    The liability of the state under this chapter is limited to a total of two hundred fifty
 thousand dollars per person and one million dollars for any number of claims arising
 from any single occurrence. The state may not be held liable, or be ordered to
 indemnify a state employee held liable, for punitive or exemplary damages. Any
@@ -271,206 +273,214 @@
 appropriation authorizing payment of all or a portion of that amount. A claimant may
 present proof of the judgment to the director of the office of management and budget
 who shall include within the proposed budget for the office of management and budget
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 a request for payment for the portion of the judgment in excess of the limit under this
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 section at the next regular session of the legislative assembly after the judgment is
 rendered.
-3. Neither the state nor a state employee may be held liable under this chapter for any of
+      3.    Neither the state nor a state employee may be held liable under this chapter for any of
 the following claims:
-a. A claim based upon an act or omission of a state employee exercising due care
+              a.    A claim based upon an act or omission of a state employee exercising due care
 in the execution of a valid or invalid statute or rule.
-b. A claim based upon a decision to exercise or perform or a failure to exercise or
+              b.    A claim based upon a decision to exercise or perform or a failure to exercise or
 perform a discretionary function or duty on the part of the state or its employees,
 regardless of whether the discretion involved is abused or whether the statute,
 order, rule, or resolution under which the discretionary function or duty is
 performed is valid or invalid. Discretionary acts include acts, errors, or omissions
 in the design of any public project but do not include the drafting of plans and
 specifications that are provided to a contractor to construct a public project.
-c. A claim resulting from the decision to undertake or the refusal to undertake any
+              c.    A claim resulting from the decision to undertake or the refusal to undertake any
 legislative or quasi-legislative act, including the decision to adopt or the refusal to
 adopt any statute, order, rule, or resolution.
-d. A claim resulting from a decision to undertake or a refusal to undertake any
+              d.    A claim resulting from a decision to undertake or a refusal to undertake any
 judicial or quasi-judicial act, including a decision to grant, to grant with conditions,
 to refuse to grant, or to revoke any license, permit, order, or other administrative
 approval or denial.
-e. A claim relating to injury directly or indirectly caused by a person who is not
+              e.    A claim relating to injury directly or indirectly caused by a person who is not
 employed by the state.
-f. A claim relating to injury directly or indirectly caused by the performance or
+               f.    A claim relating to injury directly or indirectly caused by the performance or
 nonperformance of a public duty, including:
-(1) Inspecting, licensing, approving, mitigating, warning, abating, or failing to so
+                     (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.
-(2) Enforcing, monitoring, or failing to enforce or monitor conditions of
+                     (2)    Enforcing, monitoring, or failing to enforce or monitor conditions of
 sentencing, parole, probation, or juvenile supervision.
-(3) Providing or failing to provide law enforcement services in the ordinary
+Page No. 6 25.1336.01001
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+                     (3)    Providing or failing to provide law enforcement services in the ordinary
 course of a state's law enforcement operations.
-Page No. 6 25.1336.01000
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-g. "Public duty" does not include action of the state or a state employee under
+              g.    "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
 state and the injured party. A special relationship is demonstrated if all of the
 following elements exist:
-(1) Direct contact between the state and the injured party.
-(2) An assumption by the state, by means of promises or actions, of an
+                     (1)    Direct contact between the state and the injured party.
+                     (2)    An assumption by the state, by means of promises or actions, of an
 affirmative duty to act on behalf of the party who allegedly was injured.
-(3) Knowledge on the part of the state that inaction of the state could lead to
+                     (3)    Knowledge on the part of the state that inaction of the state could lead to
 harm.
-(4) The injured party's justifiable reliance on the state's affirmative undertaking,
+                     (4)    The injured party's justifiable reliance on the state's affirmative undertaking,
 occurrence of the injury while the injured party was under the direct control
 of the state, or the state action increases the risk of harm.
-h. A claim resulting from the assessment and collection of taxes.
-i. A claim resulting from snow or ice conditions, water, or debris on a highway or on
+              h.    A claim resulting from the assessment and collection of taxes.
+               i.    A claim resulting from snow or ice conditions, water, or debris on a highway or on
 a public sidewalk that does not abut a state-owned building or parking lot, except
 when the condition is affirmatively caused by the negligent act of a state
 employee.
-j. A claim resulting from any injury caused by a wild animal in its natural state.
-k. A claim resulting from the condition of unimproved real property owned or leased
+               j.    A claim resulting from any injury caused by a wild animal in its natural state.
+              k.    A claim resulting from the condition of unimproved real property owned or leased
 by the state.
-l. A claim resulting from the loss of benefits or compensation due under a program
+               l.    A claim resulting from the loss of benefits or compensation due under a program
 of public assistance.
-m. A claim resulting from the reasonable care and treatment, or lack of care and
+             m.    A claim resulting from the reasonable care and treatment, or lack of care and
 treatment, of a person at a state institution where reasonable use of available
 appropriations has been made to provide care.
-n. A claim resulting from damage to the property of a patientresident or inmate of a
+              n.    A claim resulting from damage to the property of a patientresident or inmate of a
 state institution.
-o. A claim resulting from any injury to a resident or an inmate of a state institution if
+              o.    A claim resulting from any injury to a resident or an inmate of a state institution if
 the injury is caused by another resident or inmate of that institution.
-p. A claim resulting from environmental contamination, except to the extent that
+Page No. 7 25.1336.01001
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+              p.    A claim resulting from environmental contamination, except to the extent that
 federal environmental law permits the claim.
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-q. A claim resulting from a natural disaster, an act of God, a military action, or an act
+              q.    A claim resulting from a natural disaster, an act of God, a military action, or an act
 or omission taken as part of a disaster relief effort.
-r. A claim for damage to property owned by the state.
-s. A claim for liability assumed under contract, except this exclusion does not apply
+               r.    A claim for damage to property owned by the state.
+              s.    A claim for liability assumed under contract, except this exclusion does not apply
 to liability arising from a state employee's operation of a rental vehicle if the loss
 is not covered by the state employee's personal insurance or by the vehicle rental
 company.
-t. A claim resulting from an injury to a child residing at the Heart River correctional
+               t.    A claim resulting from an injury to a child residing at the Heart River correctional
 center, except when the injury is affirmatively caused by the negligent act of a
 state employee.
-4. An action brought under this chapter must be commenced within the period provided
+      4.    An action brought under this chapter must be commenced within the period provided
 in section 28-01-22.1.
-5. This chapter does not create or allow any claim that does not exist at common law or
-has not otherwise been created by law as of April 22, 1995.
-SECTION 2. A new subsection to section 54-23.3-04 of the North Dakota Century Code is
+              5.   This chapter does not create or allow any claim that does not exist at common law
+or has not otherwise been created by law as of April 22, 1995.
+SECTION 1. A new subsection to section 54-23.3-04 of the North Dakota Century Code is
 created and enacted as follows:
 To employ personnel and establish policies and procedures to authorize a child of a
 female inmate to reside at the Heart River correctional center under the care and
-general control of the female inmate.
-Page No. 8 25.1336.01000
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+general control of the female inmate   if the child is eighteen months of age or younger  .
+The policies must   include considerations of the residential safety of the child, the
+length of time the child may reside within the facility, and treatment or other
+penological   interest  .
+Page No. 8 25.1336.01001
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