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ND HB1138

Bill

Status

Introduced

1/8/2021

Primary Sponsor

Tom Kading

Click for details

Origin

House of Representatives

67th Legislative Assembly

AI Summary

  • Individuals may bring civil actions in district court against the state, political subdivisions, or their employees for violations of section 4 of article I of the North Dakota Constitution (free speech provision)

  • The state or political subdivision is liable for treble damages covering compensatory, consequential, and incidental damages

  • Courts may award punitive damages with a standard of mere negligence, rather than a higher threshold

  • Employees acting within their scope of employment can be named as defendants in such civil actions

Legislative Description

A BILL for an Act to provide for a civil action against the state or a political subdivision for a state constitutional free speech violation.

Last Action

Second reading, failed to pass, yeas 28 nays 66

2/10/2021

Committee Referrals

Judiciary1/8/2021

Full Bill Text

No bill text available