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-Sixty-ninth Legislative Assembly of North Dakota
-In Regular Session Commencing Tuesday, January 7, 2025
-SENATE BILL NO. 2233
-(Senators Sickler, Cory, Larson)
-(Representative Vetter)
-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.
+25.0887.02000
+Sixty-ninth
+Legislative Assembly
+of North Dakota
+Introduced by
+Senators Sickler, Cory, Larson
+Representative Vetter
+A BILL for 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.
 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
-SECTION 1. AMENDMENT. Section 32-12.2-04 of the North Dakota Century Code is amended and
-reenacted as follows:
+SECTION 1. AMENDMENT. Section 32-12.2-04 of the North Dakota Century Code is
+amended and reenacted as follows:
 32-12.2-04. Notice required - Payment of claims.
-1. a. A person bringing a claim against the state or a state employee for an injury shall present
-to the director of the office of management and budget within one hundred eighty days
-after the alleged  injury is discovered or reasonably should have  been  discovered  a
-written notice  of the alleged claim  stating the time, place, and circumstances of the
-injuryclaim, the names of any state employees known to be involved, and the amount of
-compensation or other relief demanded.
-b. If the claim is one for serious injury, notice must be presented to the director of the office
-of management and budget within one year after the alleged serious injury is discovered
-or reasonably should have been discovered. For purposes of this section, "serious injury"
-has the meaning as provided in section 26.1  -  41  -  01.
-c. The time for giving the notice does not include the time during which a person injured is
-incapacitated by the injury from giving the notice.  If the claim is one for death, the notice
-may be presented by the personal representative, surviving spouse, or next of kin within
-one year after the alleged injury resulting in the death.
-c.d  .  The time for giving the notice is waived for a claim for relief that resulted from sexual
-assault, sexual abuse, gross sexual imposition, or any other claim based on a sexual act
-or sexual contact as defined in chapter 12.1-20.
-2. After receipt of notice of a claim, the director of the office of management and budget shall, in
-a timely manner, notify the head of the state entity involved, the attorney general, and any
-insurer or self -insurance pool providing coverage for that state entity. For claims over ten
-thousand dollars, the director, in consultation with the head of the state entity involved and the
-attorney general, may settle claims covered by the state risk management fund if the claim is
-made in writing and settlement is approved by the attorney general. The director of the office
-of management and budget may independently settle any claim covered by the state risk
-management fund if the claim is made in writing and the settlement is for not more than ten
-thousand dollars.
-3. A claim shall  be paid  out  of  the risk management  fund unless  that  claim is covered by
-insurance or participation in a government self -insurance pool. All necessary loss adjustment
-expenses must be included as a component of the claim and be paid out of the fund. Loss
-adjustment expenses include investigation costs and attorney's fees associated with a claim.
-4. The acceptance by the claimant of a settlement is final and conclusive on the claimant and
-constitutes a complete release of any claim against the state and the state employee whose
-act or omission gave rise to the claim.
-S. B. NO. 2233 - PAGE 2
-5. A person bringing a legal action against the state or a state employee for a claim shall deliver
-a copy of the summons, complaint, or other legal pleading in which the claim is first asserted
-in the action to the director of the office of management and budget at the time the summons,
-complaint, or other legal pleading is served in the action. This provision is in addition to any
-applicable rule of civil procedure.
-S. B. NO. 2233 - PAGE 3
-____________________________ ____________________________
-President of the Senate Speaker of the House
-____________________________ ____________________________
-Secretary of the Senate Chief Clerk of the House
-This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
-Dakota and is known on the records of that body as Senate Bill No. 2233.
-Senate Vote: Yeas 45 Nays 0 Absent  2
-House Vote: Yeas 88 Nays 3 Absent  3
-____________________________
-Secretary of the Senate
-Received by the Governor at ________M. on _____________________________________, 2025.
-Approved at ________M. on __________________________________________________, 2025.
-____________________________
-Governor
-Filed in this office this ___________day of _______________________________________, 2025,
-at ________ o’clock ________M.
-____________________________
-Secretary of State
+1. a. A person bringing a claim against the state or a state employee for an injury shall
+present to the director of the office of management and budget within one
+hundred eighty days after the alleged injury is discovered or reasonably should
+have been discovered a written notice of the alleged claim stating the time, place,
+and circumstances of the injuryclaim, the names of any state employees known
+to be involved, and the amount of compensation or other relief demanded.
+b. If the claim is one for serious injury, notice must be presented to the director of
+the office of management and budget within one year after the alleged serious
+injury is discovered or reasonably should have been discovered. For purposes of
+this section, "serious injury"   has the meaning as provided in section 26.1  -  41  -  01.
+c. The time for giving the notice does not include the time during which a person
+injured is incapacitated by the injury from giving the notice. If the claim is one for
+death, the notice may be presented by the personal representative, surviving
+spouse, or next of kin within one year after the alleged injury resulting in the
+death.
+c.d  .  The time for giving the notice is waived for a claim for relief that resulted from
+sexual assault, sexual abuse, gross sexual imposition, or any other claim based
+on a sexual act or sexual contact as defined in chapter 12.1-20.
+Page No. 1 25.0887.02000
+ SENATE BILL NO. 2233
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+2. After receipt of notice of a claim, the director of the office of management and budget
+shall, in a timely manner, notify the head of the state entity involved, the attorney
+general, and any insurer or self-insurance pool providing coverage for that state entity.
+For claims over ten thousand dollars, the director, in consultation with the head of the
+state entity involved and the attorney general, may settle claims covered by the state
+risk management fund if the claim is made in writing and settlement is approved by the
+attorney general. The director of the office of management and budget may
+independently settle any claim covered by the state risk management fund if the claim
+is made in writing and the settlement is for not more than ten thousand dollars.
+3. A claim shall be paid out of the risk management fund unless that claim is covered by
+insurance or participation in a government self-insurance pool. All necessary loss
+adjustment expenses must be included as a component of the claim and be paid out
+of the fund. Loss adjustment expenses include investigation costs and attorney's fees
+associated with a claim.
+4. The acceptance by the claimant of a settlement is final and conclusive on the claimant
+and constitutes a complete release of any claim against the state and the state
+employee whose act or omission gave rise to the claim.
+5. A person bringing a legal action against the state or a state employee for a claim shall
+deliver a copy of the summons, complaint, or other legal pleading in which the claim is
+first asserted in the action to the director of the office of management and budget at
+the time the summons, complaint, or other legal pleading is served in the action. This
+provision is in addition to any applicable rule of civil procedure.
+Page No. 2 25.0887.02000
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