SENATE Floor Leader Vinnie Sablan on Friday introduced Senate Bill 22-39, which will amend the Government Liability Act to provide ample time to investigate a tort claim against the CNMI government.
S.B. 22-39 also clarifies the definition of “employee” and “Commonwealth” in the Government Liability Act.
The measure aims to address the “deleterious effect of the government’s inability to defend itself against a claim because of the absence of the government employee involved in lawsuit.”
The bill states that many former government employees leave the Commonwealth after their employment expires.
Their presence in the Commonwealth, however, is necessary to defend the government from a claim against these former employees.
Many times, the claimants do not file their lawsuits for many months or years, which makes it difficult for the government to defend itself against these claims when they are filed.
In an interview, Sablan said the Attorney General’s Office uses a substantial amount of time and resources in all investigations and litigations.
“It is a significant challenge that requires extra time and resources when actions are instituted months or even years after making claims against the government,” Sablan said.
“It is vital for the claims against the government to be brought forth at a reasonable period of time so that the AG’s office has adequate time to investigate the claims in a more effective manner, and where witnesses and evidence are readily available to build or defend a case,” he added.
S.B. 22-39 states that the government has a great interest in ensuring that claims are brought when fresh, when witnesses are available, and the facts are more readily discerned.
S.B. 22-30 will require that claimants against government “afford the Commonwealth ample opportunity to investigate a claim to weed out those without merit by requiring claimants to give timely notice to the attorney general.”
Claimants will have to present a claim to the attorney general in writing stating the time, date, location and circumstances of the event giving rise to the claim for the injury, damage or death, as well as the names of persons involved, including the name of the state officer, employee or agent involved and the amount sought.
Vinnie Sablan
