North Dakota 2023-2024 Regular Session

North Dakota House Bill HB1284

Introduced
1/11/23  
Refer
1/11/23  
Report Pass
2/1/23  
Engrossed
2/7/23  
Refer
2/13/23  
Report Pass
4/4/23  
Enrolled
4/7/23  

Caption

Liability limitations of charitable organizations; to provide an effective date; and to declare an emergency.

Impact

The impact of HB 1284 on state laws is significant, particularly for charitable organizations operating in North Dakota. By defining strict liability limits, the bill helps to create a more predictable legal landscape, potentially encouraging more individuals and businesses to engage with charitable entities without the fear of overwhelming financial repercussions due to lawsuits. The phased approach to adjusting liability caps annually until 2027 strengthens this protective measure, aligning with inflation and ensuring that limits remain relevant over time.

Summary

House Bill 1284, entitled 'Liability limitations of charitable organizations,' is designed to amend existing North Dakota laws related to the liability of charitable organizations. The bill specifically limits the monetary damages that these organizations can be held liable for in cases of personal injury or property damage. Under this bill, the cap on liability is set at $375,000 per person and $1 million for claims arising from a single incident. Additionally, any punitive or exemplary damages have been excluded from the liability framework, aiming to provide better protection for these organizations and their employees from excessive legal claims.

Sentiment

The sentiment around HB 1284 appears to be supportive among lawmakers, with the bill passing unanimously in both the House and the Senate. Proponents argue that this legislation is vital for safeguarding charitable organizations, especially since they often operate on limited resources and rely heavily on donations. The anticipation is that such limits will foster a more favorable environment for charitable contributions and community engagement. There may be some underlying concerns from critics regarding the adequacy of compensation for victims of negligence, suggesting a need to find a balance in these regulations.

Contention

Notable points of contention surrounding HB 1284 include discussions about the adequacy of the liability limits, particularly how they compare to damages in other contexts. While supporters celebrate the bill as a necessary step to protect charitable organizations, opponents may argue it could lead to diminished accountability for negligence, potentially impacting victims’ rights. The debate highlights the crucial intersection of legal protection and social responsibility, with advocates calling for considerations of community welfare against the interests of preserving charitable organizations.

Companion Bills

No companion bills found.

Previously Filed As

ND SB2236

The personal liability of charitable organization employees; and to provide for application.

ND HB1142

The statutory caps for liability of political subdivisions and the state; and to provide an effective date.

ND HB55

Provides relative to limitations of liability and immunity for volunteers and charitable organizations (Item #28)

ND SB2115

Limitation of liability for children residing at the Heart River correctional center.

ND HB1379

The legacy sinking and interest fund and the legacy earnings fund; to provide an effective date; and to declare an emergency.

ND HB1114

Transfers of charitable gaming funds; to provide a continuing appropriation; to provide for retroactive application; to provide an effective date; and to declare an emergency.

ND SB2015

A transfer of Bank of North Dakota profits to a water infrastructure revolving loan fund; to provide for a transfer; to provide an exemption; to provide for a legislative management study; to provide a report; to provide a penalty; to provide for application; to provide a retroactive effective date; to provide a contingent effective date; to provide an effective date; and to declare an emergency.

ND SB2012

The autism voucher; to provide a statement of legislative intent; to provide for a legislative management study; to provide for a report; to provide an effective date; and to declare an emergency.

ND HB1584

Pharmacy benefits managers and prescription drug costs; to provide a penalty; to provide an appropriation; to provide for a transfer; to provide an effective date; to provide an expiration date; and to declare an emergency.

ND HB1168

Legacy fund definitions and the legacy earnings fund; to provide a statement of legislative intent; to provide for a legislative management study, to provide an appropriation; to provide an effective date; to provide an expiration date; and to declare an emergency.

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