Summary — HB 1501 (North Dakota, 69th Legislative Assembly)
Title: An Act to create and enact a new section to chapter 39‑06 of the North Dakota Century Code, relating to the use of out‑of‑state operators' licenses and nonoperator identification cards for identification and motor vehicle operation.
Status and sponsors
- Introduced: December 3, 2024.
- Sponsors: Representatives Kempenich, Hauck, Hendrix, Tveit; Senators Boehm, Magrum.
- Legislative actions (selected): Read first time 03/12/2025; referred to Natural Resources. Listed status provided: second reading failed (yeas 6, nays 84). Also reported as dying in House committee at sine die adjournment (05/05/2025).
Purpose / intent
- To restrict the use in North Dakota of out‑of‑state operator’s licenses and nonoperator identification (ID) cards issued by states that do not require proof of U.S. citizenship, state residency, or visa/immigration status as a sole form of identification or as sole authority to operate a motor vehicle in North Dakota—unless accompanied by an approved secondary form of identification.
Key provisions
- Prohibition: An out‑of‑state operator’s license or nonoperator ID issued by a state that does not require proof of citizenship, residency, or visa status may not be used in North Dakota:
- for any identification purposes in the state without a second form of identification; or
- to operate a motor vehicle in the state without a second form of identification.
- Acceptable secondary forms of identification (limited list): a valid
- U.S. passport;
- U.S. passport card;
- state‑issued birth certificate;
- Report of Birth Abroad (Consular Report of Birth Abroad);
- Certificate of Naturalization;
- Certificate of Citizenship;
- Permanent Resident Card (green card);
- Employment Authorization Card; or
- Foreign passport and visa.
- Exceptions:
- The prohibition does not apply if the out‑of‑state license or ID is Real ID Act compliant.
- The prohibition does not apply to commercial operator licenses (CDL).
Who would be affected
- Nonresident drivers and holders of out‑of‑state operator licenses/nonoperator IDs issued by states that do not require proof of citizenship/residency/visa status.
- Immigrants, noncitizens, and others who rely on such out‑of‑state IDs for identification or to drive in North Dakota.
- Law enforcement and motor vehicle officials enforcing ID and traffic statutes.
- Entities relying on ID verification (e.g., rental companies, employers, some service providers) may be indirectly affected when a single out‑of‑state ID is no longer sufficient.
Potential impacts and considerations
- Practical effect: Individuals presenting certain out‑of‑state licenses would need to also present one of the enumerated secondary documents to identify themselves or to operate a vehicle legally in North Dakota.
- Administrative/enforcement: May increase document checks by law enforcement and raise compliance or access issues for persons who do not possess the listed secondary documents.
- Narrow carveouts: Real ID‑compliant credentials and commercial (CDL) licenses remain usable without a listed secondary ID under the bill language.
Procedural/timeline notes
- Introduced December 3, 2024; subsequent readings and referrals as noted above. According to provided status, the bill failed a second reading (6–84) and did not become law (died in committee at sine die adjournment).
