All Roll Calls
Yes: 133 • No: 3
North DakotaSB 22332025 Regular SessionSenate
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.
Sponsored By: Jonathan Sickler (Republican)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 2 costs, 0 mixed.
No notice deadline for sexual abuse claims
The law removes the notice deadline for certain claims against North Dakota or a state employee. This covers sexual assault, sexual abuse, gross sexual imposition, and other claims based on sexual acts or contact defined in Chapter 12.1-20. This waiver concerns the claim notice deadline, not all deadlines for filing a lawsuit.
Families lose separate death-claim notice window
The law removes the separate one-year notice allowance for claims involving an injury that results in death. Personal representatives, surviving spouses, and next of kin no longer have that special allowance. The general notice rules and any applicable exceptions govern instead.
One-year notice window for serious injury claims
Serious-injury claims against North Dakota or a state employee have a one-year notice window, instead of the general 180 days. The clock starts when you discover the injury or reasonably should have discovered it. You must send written notice to the director of the Office of Management and Budget. The injury must meet the definition in North Dakota Century Code section 26.1-41-01.
Rules for filing and settling state claims
For claims against North Dakota or a state employee, written notice generally must reach the state budget director within 180 days. The clock starts when you discover the injury or reasonably should have discovered it, subject to the exceptions described above. Time when you are incapacitated does not count toward the notice deadline. Include the time, place, circumstances, known state employees involved, and the compensation or other relief you seek. When you sue, deliver the director a copy of the summons, complaint, or other legal pleading when service occurs. This is required in addition to ordinary court service rules. The director must promptly notify the involved agency head, attorney general, and any covering insurer or government self-insurance pool. The director can independently settle claims covered by the state risk management fund for $10,000 or less, in writing. Settlements above $10,000 require consultation with the agency head and attorney general, a written agreement, and the attorney general’s approval. Claims are paid from the fund unless insurance or a government self-insurance pool covers them. The fund also pays claim-related investigation costs and attorney fees. Accepting a settlement is final and fully releases further claims against the state or the involved employee.
Sponsors & Cosponsors
Sponsor
Jonathan Sickler
Republican • Senate
Cosponsors
Steve Vetter
Republican • House
Claire Cory
Republican • Senate
Diane Larson
Republican • Senate
Roll Call Votes
House vote • 3/26/2025
Second reading, passed, yeas 88 nays 3
Yes: 88 • No: 3
Senate vote • 1/30/2025
Second reading, passed, yeas 45 nays 0
Yes: 45 • No: 0
Actions Timeline
Filed with Secretary Of State 04/03
4/4/2025HouseSigned by Governor 04/02
4/3/2025SenateSent to Governor
3/31/2025SenateSigned by President
3/31/2025SenateSigned by Speaker
3/31/2025HouseReturned to Senate
3/27/2025SenateSecond reading, passed, yeas 88 nays 3
3/26/2025HouseReported back, do pass, place on calendar 11 0 3
3/21/2025HouseCommittee Hearing 03:00
3/6/2025HouseIntroduced, first reading, referred Government and Veterans Affairs Committee
2/18/2025HouseReceived from Senate
1/31/2025HouseSecond reading, passed, yeas 45 nays 0
1/30/2025SenateReported back, do pass, place on calendar 7 0 0
1/29/2025SenateCommittee Hearing 02:30
1/28/2025SenateIntroduced, first reading, referred Judiciary Committee
1/17/2025Senate
Bill Text
Enrollment
INTRODUCED
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