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:
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.
Page No. 1 25.0887.02000
SENATE BILL NO. 2233
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24 Sixty-ninth
Legislative Assembly
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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