North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1422 Compare Versions

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Old	New		Differences
1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
	1	+	25.0728.01002
	2	+	Title.02000
	3	+	Adopted by the Transportation
	4	+	Committee
	5	+	Sixty-ninth
	6	+	February 13, 2025
	7	+	Legislative Assembly
	8	+	of North Dakota
	9	+	Introduced by
	10	+	Representatives Novak, Dockter, O'Brien, J. Olson, Pyle, D. Ruby, Tveit, Heinert
	11	+	Senators Conley, Rummel
	12	+	A BILL for an Act to amend and reenact sections 39-06-01 and 39-06-42, 39-06.1-06, and
	13	+	39-06.1-09 and paragraph 23 of subdivision a of subsection 3 of section 39-06.1-10 of the North
	14	+	Dakota Century Code, relating to operating a motor vehicle while driving privileges are
	15	+	suspended or revoked, the amount of statutory fees, the definition of moving violations, and
	16	+	entries against a driving record; and to provide a penalty.
	17	+	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
	18	+	SECTION 1. AMENDMENT. Section 39-06-01 of the North Dakota Century Code is
	19	+	amended and reenacted as follows:
	20	+	39-06-01. Operators must be licensed - Additional licensing - Penalty.
	21	+	1. An individual, unless exempted in this section, may not drive any motor vehicle on a
	22	+	highway or on public or private areas to which the public has a right of access for
	23	+	vehicular use in this state unless the individual has a valid license as an operator
	24	+	under this chapter or a temporary operator's permit issued under chapter 39-20. An
	25	+	individual may not receive an operator's license or a nondriver identification card until
	26	+	that individual surrenders to the director all operator's licenses, permits, and nondriver
	27	+	photo identification cards issued to that individual by any state or country. If a license
	28	+	issued by another state is surrendered, the director shall notify the issuing state of the
	29	+	surrender. An individual may be issued either a valid operator's license or a nondriver
	30	+	identification card at any one time, but not both.
	31	+	Page No. 1 25.0728.01002
3	32		HOUSE BILL NO. 1422
4		-	(Representatives Novak, Dockter, O'Brien, J. Olson, Pyle, D. Ruby, Tveit, Heinert)
5		-	(Senators Conley, Rummel)
6		-	AN ACT to amend and reenact sections 39-06-42, 39-06.1-06, and 39-06.1-09 and paragraph 23 of
7		-	subdivision a of subsection 3 of section 39-06.1-10 of the North Dakota Century Code, relating
8		-	to operating a motor vehicle while driving privileges are suspended or revoked, the amount of
9		-	statutory fees, the definition of moving violations, and entries against a driving record; and to
10		-	provide a penalty.
11		-	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12		-	SECTION 1. AMENDMENT. Section 39-06-42 of the North Dakota Century Code is amended and
13		-	reenacted as follows:
14		-	39-06-42. Penalty for driving while license suspended or revoked - Impoundment of vehicle
15		-	number plates - Authority of cities.
16		-	1.Except as provided in section 39-06.1-11, an individual who operates a motor vehicle on a
17		-	highway or on public or private areas to which the public has a right of access for vehicular
18		-	use in this state while an individual's operator's license is suspended or revoked in any
19		-	jurisdiction is guilty of a class B misdemeanor for the first, second, or third offense within a
20		-	five-year period. Any subsequent offense within the same five-year period is a class A
21		-	misdemeanor.
22		-	2.If the suspension or revocation was imposed for violation of section 39-08-01 or equivalent
23		-	ordinance or was governed by section 39-06-31 or chapter 39-20, the sentence must be at
24		-	least four consecutive days' imprisonment and a fine as the court deems proper. The
25		-	execution of sentence may not be suspended or the imposition of sentence deferred under
26		-	subsection 3 or 4 of section 12.1-32-02. Forfeiture of bail is not permitted in lieu of the
27		-	defendant's personal appearance in open court for arraignment on a charge under this
28		-	subsection.
29		-	3.A court may dismiss a charge under this section upon motion by the defendant if the
30		-	defendant's operator's license is reinstated within sixty days of the date of the offense and the
31		-	defendant provides to the court satisfactory evidence of the reinstatement. Alternatively, upon
32		-	motion, a court may grant a motion to amend a charge under this section to a violation of
33		-	section 39 -06 -01.
34		-	4.In addition to any other punishment imposed, the court may order the number plates of the
35		-	motor vehicle owned and operated by the offender at the time of the offense to be destroyed
36		-	by the sheriff. If a period of suspension has been extended under subsection 6 of section
37		-	39-06-17, the court may order the number plates to be destroyed under this subsection. The
38		-	offender shall deliver the number plates to the court without delay at a time certain as ordered
39		-	by the court following the conviction. The court shall deliver the number plates to the sheriff
40		-	and notify the department of the order. An offender who does not provide the number plates to
41		-	the court at the appropriate time is subject to revocation of probation.
42		-	5.A city may authorize, by ordinance, its municipal judge to order destruction of motor vehicle
43		-	number plates by the office of the police officer that made the arrest in the manner provided in
44		-	subsection 4.
45		-	SECTION 2. AMENDMENT. Section 39-06.1-06 of the North Dakota Century Code is amended and
46		-	reenacted as follows: H. B. NO. 1422 - PAGE 2
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	54	+	2. An individual licensed as an operator may exercise the privilege granted by the license
	55	+	on any highway in this state and may not be required to obtain any other license to
	56	+	exercise the privilege by any political subdivision having authority to adopt police
	57	+	regulations, except that municipalities may regulate occupations and may regulate the
	58	+	operation of taxicabs under subsection 27 of section 40-05-01.
	59	+	3. An individual may not operate a motor vehicle on a highway or public or private areas
	60	+	to which the public has a right of access for vehicular use in the state while an
	61	+	individual's operators license has been disqualified as a result of a suspension or
	62	+	revocation. An offense under this subsection may be dismissed only if the operators
	63	+	license is reinstated within sixty days of the date of the offense and the dismissal must
	64	+	be granted by the court upon satisfactory evidence of reinstatement of driving
	65	+	privileges. An individual in violation of this subsection is subject to a fine of
	66	+	one hundred dollars and three points to be charged against the individual's driving
	67	+	record.
	68	+	SECTION 1. AMENDMENT. Section 39-06-42 of the North Dakota Century Code is
	69	+	amended and reenacted as follows:
	70	+	39-06-42. Penalty for driving while license suspended or revoked - Impoundment of
	71	+	vehicle number plates - Authority of cities.
	72	+	1.Except as provided in section 39-06.1-11, an individual who operates a motor vehicle
	73	+	on a highway or on public or private areas to which the public has a right of access for
	74	+	vehicular use in this state while an individual's operator's license is suspended or
	75	+	revoked in any jurisdiction is guilty of a class B misdemeanor for the first, second, or
	76	+	third offense within a five-year period. Any subsequent offense within the same
	77	+	five-year period is a class A misdemeanor.
	78	+	2.If the suspension or revocation was imposed for violation of section 39-08-01 or
	79	+	equivalent ordinance or was governed by section 39-06-31 or chapter 39-20, the
	80	+	sentence must be at least four consecutive days' imprisonment and a fine as the court
	81	+	deems proper. The execution of sentence may not be suspended or the imposition of
	82	+	sentence deferred under subsection 3 or 4 of section 12.1-32-02. Forfeiture of bail is
	83	+	not permitted in lieu of the defendant's personal appearance in open court for
	84	+	arraignment on a charge under this subsection.
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	118	+	3.A court may dismissreduce a charge under this section to a disqualified driver upon
	119	+	motion by the defendant if the defendant's operator's license is reinstated within sixty
	120	+	days of the date of the offense and the defendant provides to the court satisfactory
	121	+	evidence of the reinstatement. Alternatively, upon motion, a court may grant a motion
	122	+	to amend a charge under this section to a violation of section 39-06-01.
	123	+	4.In addition to any other punishment imposed, the court may order the number plates of
	124	+	the motor vehicle owned and operated by the offender at the time of the offense to be
	125	+	destroyed by the sheriff. If a period of suspension has been extended under
	126	+	subsection 6 of section 39-06-17, the court may order the number plates to be
	127	+	destroyed under this subsection. The offender shall deliver the number plates to the
	128	+	court without delay at a time certain as ordered by the court following the conviction.
	129	+	The court shall deliver the number plates to the sheriff and notify the department of the
	130	+	order. An offender who does not provide the number plates to the court at the
	131	+	appropriate time is subject to revocation of probation.
	132	+	5.A city may authorize, by ordinance, its municipal judge to order destruction of motor
	133	+	vehicle number plates by the office of the police officer that made the arrest in the
	134	+	manner provided in subsection 4.
	135	+	SECTION 2. AMENDMENT. Section 39-06.1-06 of the North Dakota Century Code is
	136	+	amended and reenacted as follows:
47	137		39-06.1-06. Amount of statutory fees.
48		-	The fees required for a noncriminal disposition under section 39 -06 -01, 39-06.1-02, or 39-06.1-03
49		-	must be as follows:
50		-	1.For a nonmoving violation as defined in section 39-06.1-08, a fee of twenty dollars except for a
51		-	violation of any traffic parking regulation on any state charitable or penal institution property or
52		-	on the state capitol grounds, a fee in the amount of five dollars, excluding a violation of
53		-	subsection 11 of section 39-01-15.
54		-	2.For a moving violation as defined in section 39-06.1-09, a fee of twenty dollars, except for:
55		-	a.A violation of section 39-10-26, 39-10-26.2, 39-10-41, or 39-10-42, a fee of fifty dollars.
56		-	b.A violation of section 39-10-05 involving failure to yield to a pedestrian or subsection 1 of
57		-	section 39-10-28, a fee of fifty dollars.
	138	+	The fees required for a noncriminal disposition under section 39-06-01, 39-06.1-02 or
	139	+	39-06.1-03 must be as follows:
	140	+	1.For a nonmoving violation as defined in section 39-06.1-08, a fee of twenty dollars
	141	+	except for a violation of any traffic parking regulation on any state charitable or penal
	142	+	institution property or on the state capitol grounds, a fee in the amount of five dollars,
	143	+	excluding a violation of subsection 11 of section 39-01-15.
	144	+	2.For a moving violation as defined in section 39-06.1-09, a fee of twenty dollars, except
	145	+	for:
	146	+	a.A violation of section 39-10-26, 39-10-26.2, 39-10-41, or 39-10-42, a fee of fifty
	147	+	dollars.
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	180	+	b.A violation of section 39-10-05 involving failure to yield to a pedestrian or
	181	+	subsection 1 of section 39-10-28, a fee of fifty dollars.
58	182		c.A violation of section 39-21-41.2, a fee of twenty-five dollars.
59		-	d.A violation of subsection 1 of section 39-12-02, section 39-08-23, or section 39-08-25, a
60		-	fee of one hundred dollars.
61		-	e.A violation of subdivision d of subsection 1 of section 39-12-04, a fee of one hundred
	183	+	d.A violation of subsection 1 of section 39-12-02, section 39-08-23, or section
	184	+	39-08-25, a fee of one hundred dollars.
	185	+	e.A violation of subdivision d of subsection 1 of section 39-12-04, a fee of one
	186	+	hundred dollars.
	187	+	f.A violation of subsection 6 of section 39-04-37, a fee of one hundred dollars.
	188	+	g.A violation of subsection 2 of section 39-10-21.1, a fee of two hundred fifty
62	189		dollars.
63		-	f.A violation of subsection 6 of section 39-04-37, a fee of one hundred dollars.
64		-	g.A violation of subsection 2 of section 39-10-21.1, a fee of two hundred fifty dollars.
65	190		h.A violation of section 39-10-59, a fee of five hundred dollars.
66	191		i.A violation of section 39-09-01, a fee of thirty dollars.
67	192		j.A violation of section 39-09-01.1, a fee of thirty dollars.
68	193		k.A violation of section 39-10-46 or 39-10-46.1, a fee of one hundred dollars.
69	194		l.A violation of subsection 1 of section 39-08-20, one hundred fifty dollars for a first
70		-	violation and three hundred dollars for a second or subsequent violation in three years.
	195	+	violation and three hundred dollars for a second or subsequent violation in three
	196	+	years.
71	197		m.A violation of section 39-10-24 or 39-10-44, a fee of forty dollars.
72	198		n.A violation of section 39-10-50.1, a fee of fifty dollars.
73	199		o.A violation of section 39-19-03, a fee of fifty dollars.
74		-	3.For a violation of section 39-21-44 or a rule adopted under that section, a fee of two ~~hundred~~
75		-	fifty dollars.
76		-	4.Except as provided in subsections 5 and 7, for a violation of section 39-09-02, or an ~~equivalent~~
77		-	ordinance, a fee established as follows:
	200	+	3.For a violation of section 39-21-44 or a rule adopted under that section, a fee of two
	201	+	hundred fifty dollars.
	202	+	4.Except as provided in subsections 5 and 7, for a violation of section 39-09-02, or an
	203	+	equivalent ordinance, a fee established as follows:
78	204		Miles per hour over
79	205		lawful speed limit Fee
80	206		1 - 5 $ 5
81	207		6 - 10 $ 5 plus $1/each mph over 5 mph over limit
82		-	11 - 15 $ 10 plus $1/each mph over 10 mph over limit ~~H. B. NO. 1422 - PAGE 3~~
	208	+	11 - 15 $ 10 plus $1/each mph over 10 mph over limit
83	209		16 - 20 $ 15 plus $2/each mph over 15 mph over limit
84	210		21 - 25 $ 25 plus $3/each mph over 20 mph over limit
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85	244		26 - 35 $ 40 plus $3/each mph over 25 mph over limit
86	245		36 - 45 $ 70 plus $3/each mph over 35 mph over limit
87	246		46 + $100 plus $5/each mph over 45 mph over limit
88		-	5.On a highway on which the speed limit is a speed higher than fifty-five miles ~~[88.51 kilometers]~~
89		-	an hour, for a violation of section 39-09-02, or an equivalent ~~ordinance, a fee established as~~
90		-	follows:
	247	+	5.On a highway on which the speed limit is a speed higher than fifty-five miles
	248	+	[88.51 kilometers] an hour, for a violation of section 39-09-02, or an equivalent
	249	+	ordinance, a fee established as follows:
91	250		Miles per hour over
92	251		lawful speed limit Fee
93	252		1 - 10 $2/each mph over limit
94	253		11 + $20 plus $5/each mph over 10 mph over limit
95		-	6.For a violation of section 39-06.2-10.9 or subsection 3 of section 39-21-46, a fee established
96		-	as follows:
97		-	a.Driving more than eleven hours since the last ten hours off duty, driving after fourteen
98		-	hours on duty since the last ten hours off duty, driving after sixty hours on duty in seven
99		-	days or seventy hours in eight days, no record of duty status or log book in possession,
100		-	failing to retain previous seven-day record of duty status or log book, or operating a
101		-	vehicle with four to six out-of-service defects, one hundred dollars;
	254	+	6.For a violation of section 39-06.2-10.9 or subsection 3 of section 39-21-46, a fee
	255	+	established as follows:
	256	+	a.Driving more than eleven hours since the last ten hours off duty, driving after
	257	+	fourteen hours on duty since the last ten hours off duty, driving after sixty hours
	258	+	on duty in seven days or seventy hours in eight days, no record of duty status or
	259	+	log book in possession, failing to retain previous seven-day record of duty status
	260	+	or log book, or operating a vehicle with four to six out-of-service defects, one
	261	+	hundred dollars;
102	262		b.False record of duty status or log book or operating a vehicle with seven to nine
103	263		out-of-service defects, two hundred fifty dollars;
104		-	c.Operating a vehicle after driver placed out of service, operating a vehicle with ten or
105		-	more out-of-service defects, or operating a vehicle that has been placed out of ~~service~~
106		-	prior to its repair, five hundred dollars; and
	264	+	c.Operating a vehicle after driver placed out of service, operating a vehicle with ten
	265	+	or more out-of-service defects, or operating a vehicle that has been placed out of
	266	+	service prior to its repair, five hundred dollars; and
107	267		d.All other violations of motor carrier safety rules adopted under subsection 3 of
108	268		section 39-21-46, fifty dollars.
109	269		7.On a highway on which the speed limit is posted in excess of sixty-five miles
110		-	[104.61 kilometers] an hour, for a violation of section 39-09-02, or equivalent ordinance, a fee
111		-	of five dollars for each mile per hour over the limit.
112		-	8.For a violation of a school zone speed limit under subdivision b of subsection 1 of section
113		-	39-09-02, a fee of forty dollars for one through ten miles per hour over the posted speed; and
114		-	forty dollars, plus one dollar for each additional mile per hour over ten miles per hour over the
115		-	limit unless a greater fee would be applicable under this section.
116		-	9.For a violation of a highway construction zone speed limit under subsection 2 of section
117		-	39-09-02, a fee of eighty dollars for one through ten miles per hour over the posted speed;
118		-	and eighty dollars plus two dollars for each mile per hour over ten miles per hour over the limit,
119		-	unless a greater fee would be applicable under this section. The fee in this subsection does
120		-	not apply to a highway construction zone unless individuals engaged in construction are
121		-	present at the time and place of the violation and the posted speed limit sign states "Minimum
122		-	Fee $80". H. B. NO. 1422 - PAGE 4
123		-	10.For a violation of operating a motor vehicle while not being licensed under section 39 - 06 -01, a
124		-	fee of one hundred fifty dollars.
125		-	SECTION 3. AMENDMENT. Section 39-06.1-09 of the North Dakota Century Code is amended and
126		-	reenacted as follows:
	270	+	[104.61 kilometers] an hour, for a violation of section 39-09-02, or equivalent
	271	+	ordinance, a fee of five dollars for each mile per hour over the limit.
	272	+	8.For a violation of a school zone speed limit under subdivision b of subsection 1 of
	273	+	section 39-09-02, a fee of forty dollars for one through ten miles per hour over the
	274	+	posted speed; and forty dollars, plus one dollar for each additional mile per hour over
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	308	+	ten miles per hour over the limit unless a greater fee would be applicable under this
	309	+	section.
	310	+	9.For a violation of a highway construction zone speed limit under subsection 2 of
	311	+	section 39-09-02, a fee of eighty dollars for one through ten miles per hour over the
	312	+	posted speed; and eighty dollars plus two dollars for each mile per hour over ten miles
	313	+	per hour over the limit, unless a greater fee would be applicable under this section.
	314	+	The fee in this subsection does not apply to a highway construction zone unless
	315	+	individuals engaged in construction are present at the time and place of the violation
	316	+	and the posted speed limit sign states "Minimum Fee $80".
	317	+	10. For a violation of operating a motor vehicle while not being licensed under section
	318	+	39-06-01, a fee of one hundred fifty dollars.
	319	+	SECTION 3. AMENDMENT. Section 39-06.1-09 of the North Dakota Century Code is
	320	+	amended and reenacted as follows:
127	321		39-06.1-09. Moving violation defined.
128		-	For the purposes of sections 39-06.1-06 and 39-06.1-13, a "moving violation" means a violation of
129		-	section 39-04-11, 39-04-22, subsection 1 of section 39-04-37, section 39-04-55, 39-06-01, 39-06-04,
130		-	39-06-14, 39-06-14.1, 39-06-16, 39-06.2-07, 39-08-20, 39-08-23, 39-08-24, 39-08-25, 39-09-01,
131		-	39-09-01.1, 39-09-04.1, or 39-09-09, subsection 1 of section 39-12-02, section 39-12-04, 39-12-05,
132		-	39-12-06, 39-12-09, 39-19-03, 39-21-45.1, 39-24-02, or 39-24-09, except subdivisions b and c of
133		-	subsection 5 of section 39-24-09, or equivalent ordinances; or a violation of the provisions of chapter
134		-	39-10, 39-10.2, 39-21, or 39-27, or equivalent ordinances, except subsection 5 of section 39-10-26,
135		-	section 39-21-44, and subsections 2 and 3 of section 39-21-46, and those sections within those
136		-	chapters which are specifically listed in subsection 1 of section 39-06.1-08.
137		-	SECTION 4. AMENDMENT. Paragraph 23 of subdivision a of subsection 3 of section 39-06.1-10 of
138		-	the North Dakota Century Code is amended and reenacted as follows:
	322	+	For the purposes of sections 39-06.1-06 and 39-06.1-13, a "moving violation" means a
	323	+	violation of section 39-04-11, 39-04-22, subsection 1 of section 39-04-37, section 39-04-55,
	324	+	39-06-01, 39-06-04, 39-06-14, 39-06-14.1, 39-06-16, 39-06.2-07, 39-08-20, 39-08-23, 39-08-24,
	325	+	39-08-25, 39-09-01, 39-09-01.1, 39-09-04.1, or 39-09-09, subsection 1 of section 39-12-02,
	326	+	section 39-12-04, 39-12-05, 39-12-06, 39-12-09, 39-19-03, 39-21-45.1, 39-24-02, or 39-24-09,
	327	+	except subdivisions b and c of subsection 5 of section 39-24-09, or equivalent ordinances; or a
	328	+	violation of the provisions of chapter 39-10, 39-10.2, 39-21, or 39-27, or equivalent ordinances,
	329	+	except subsection 5 of section 39-10-26, section 39-21-44, and subsections 2 and 3 of section
	330	+	39-21-46, and those sections within those chapters which are specifically listed in subsection 1
	331	+	of section 39-06.1-08.
	332	+	SECTION 4. AMENDMENT. Paragraph 23 of subdivision a of subsection 3 of section
	333	+	39-06.1-10 of the North Dakota Century Code is amended and reenacted as follows:
139	334		(23)Operating a motor vehicle without a license in 40 points
140		-	violation of section 39-06-01, or equivalent ordinance H. B. NO. 1422 - PAGE 5
141		-	____________________________ ____________________________
142		-	Speaker of the House President of the Senate
143		-	____________________________ ____________________________
144		-	Chief Clerk of the House Secretary of the Senate
145		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
146		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1422.
147		-	House Vote: Yeas 80 Nays 9 Absent 5
148		-	Senate Vote:Yeas 44 Nays 1 Absent 2
149		-	____________________________
150		-	Chief Clerk of the House
151		-	Received by the Governor at ________M. on _____________________________________, 2025.
152		-	Approved at ________M. on __________________________________________________, 2025.
153		-	____________________________
154		-	Governor
155		-	Filed in this office this ___________day of _______________________________________, 2025,
156		-	at ________ o’clock ________M.
157		-	____________________________
158		-	Secretary of State
	335	+	violation of section 39-06-01, or equivalent ordinance
	336	+	Page No. 6 25.0728.01002
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