North DakotaSB 22902025 Regular SessionSenate

AN ACT to amend and reenact sections 32-03.2-01 and 32-03.2-11 of the North Dakota Century Code, relating to when a court or jury may give exemplary damages.

Sponsored By: Michael Dwyer (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Civil claimants face clarified punitive damage rules

North Dakota law allows punitive damages in civil cases involving duties that do not arise from a contract. Oppression, fraud, or malice must be proved by clear and convincing evidence. Malice means a direct intent to injure someone or reckless disregard for another person's rights and the consequences. This standard gives injured people a path to extra damages and exposes defendants to those awards.

Crash victims gain access to punitive damages

In North Dakota crashes causing bodily injury, courts or juries can consider punitive damages without a prior impaired-driving conviction. The law removes the requirement for a conviction within the previous five years. Clear and convincing evidence must show that a driver caused the crash while meeting a listed impaired-driving condition. These include an alcohol level of at least 0.08%, specified drug or alcohol impairment, refusing a required alcohol test, or listed volatile-chemical impairment. The drug-impairment rule excludes impairment caused mainly by prescription medicine taken as directed.

Sponsors & Cosponsors

Sponsor

  • Michael Dwyer

    Republican • Senate

Cosponsors

  • Pat D. Heinert

    Republican • House

  • Lawrence R. Klemin

    Republican • House

  • Mary Schneider

    Democratic • House

  • Sean Cleary

    Republican • Senate

  • Jonathan Sickler

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 133 • No: 5

House vote • 3/18/2025

Second reading, passed, yeas 88 nays 5

Yes: 88 • No: 5

Senate vote • 2/5/2025

Second reading, passed, yeas 45 nays 0

Yes: 45 • No: 0

Actions Timeline

  1. Filed with Secretary Of State 03/26

    3/27/2025House
  2. Signed by Governor 03/25

    3/26/2025Senate
  3. Sent to Governor

    3/24/2025Senate
  4. Signed by President

    3/24/2025Senate
  5. Signed by Speaker

    3/24/2025House
  6. Returned to Senate

    3/19/2025Senate
  7. Second reading, passed, yeas 88 nays 5

    3/18/2025House
  8. Reported back, do pass, place on calendar 12 1 1

    3/17/2025House
  9. Committee Hearing 09:00

    3/17/2025House
  10. Introduced, first reading, referred Judiciary Committee

    2/18/2025House
  11. Received from Senate

    2/6/2025House
  12. Second reading, passed, yeas 45 nays 0

    2/5/2025Senate
  13. Reported back, do pass, place on calendar 7 0 0

    2/4/2025Senate
  14. Committee Hearing 10:30

    2/4/2025Senate
  15. Introduced, first reading, referred Judiciary Committee

    1/20/2025Senate

Bill Text

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