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House passes wildfire mitigation and utility-liability bill after reconsideration
Summary
After a successful motion to reconsider, the House passed Senate Bill 23 39, which creates a framework for utility wildfire mitigation plans and limits strict liability for qualified utilities that file and comply with plans; final House vote was 62-28.
The North Dakota House reconsidered and then passed Senate Bill 23 39, a measure creating a statutory framework for wildfire mitigation plans for qualified utilities and limiting courts' use of strict liability in wildfire-related suits. The House recorded a final vote of 62 yea and 28 nay to declare the bill passed.
The measure establishes that preparation, publication and compliance with a qualified utility's wildfire mitigation plan yields a rebuttable presumption that the utility exercised a reasonable standard of care. Representative Kameen summarized the presumption on the floor: "the preparation and publishing of and compliance with the qualified utilities…
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