WeVote
Log In

Bill

Bill

HB 1229

An Act amending the act of June 19, 1931 (P.L.589, No.202), referred to as the Barbers' License Law, further providing for members of the State Board of Barber Examiners.

2025-2026 Regular Session Introduced by Heather Boyd and 12 co-sponsors

HB 1229 lets authorities cite vehicle owners when their car is used to flee police, adds a $100/$500 civil fee, and lowers when violations appear on public driving records.

Referred to State Government
0
WeVote Research Nonpartisan
Bill Summary · HB 1229

Summary — HB 1229 (North Dakota) — Motor vehicle owner responsibility; traffic fees; driving‑record points

Status: Filed with Secretary of State (May 2, 2025). Introduced Nov. 12, 2024. Passed by the Legislative Assembly; enrolled and transmitted for executive action.

Purpose

HB 1229 creates a statutory mechanism to hold motor vehicle owners civilly responsible when a vehicle is used to flee or elude a peace officer, establishes associated fees, and changes how certain low‑point traffic violations are recorded on driving records. The bill also adds a distracted‑driving‑control offense to the points schedule.

Key provisions

  • New statutory offense/administrative rule: section 39‑10‑71.1 — "Motor vehicle owner's responsibility regarding a driver who flees a peace officer."

    • Presumption: the owner of a motor vehicle involved in a violation of the existing fleeing/eluding statute (39‑10‑71) is presumed to have violated 39‑10‑71.1.
    • Peace officer option: instead of pursuing the fleeing driver, an officer may investigate and may issue a traffic citation to the vehicle owner (service under the North Dakota Rules of Civil Procedure) within 96 hours of observing the violation.
    • Points: the offense is assigned 2 points on the driving record (per the enacted language).
    • Exceptions / defenses where the owner will not be found to have violated 39‑10‑71.1:
    • The actual driver has been charged under 39‑10‑71;
    • The vehicle was reported stolen before (or within a reasonable time after) the violation;
    • The owner cooperates with the peace officer or supplies information demonstrating the owner was not the driver;
    • For lessors: if the vehicle was leased and the lessor provides registration and renter name/address/license number, the lessee is presumed responsible.
    • Rental company carve‑out: the section does not apply to rental companies that rent vehicles for 90 days or less (i.e., short‑term rentals exempt).
    • Double‑charging prohibited: an individual may not be charged under both 39‑10‑71.1 and 39‑10‑71 for the same incident.

  • Statutory fee (section 39‑06.1‑06): a new fee schedule entry makes a violation of 39‑10‑71.1 subject to a civil fee of $100 for a first violation and $500 for a second or subsequent violation (except as the new statute otherwise provides).

  • Driving‑record entries (section 39‑06.1‑10 amended): lowers the threshold for which a reported violation is entered on the public driving record.

    • The director must enter points unless the assigned points are 1 or less; violations carrying 1 point or less are recorded separately (not public) but still count for point‑reduction and suspension purposes.
    • A new paragraph expressly lists "failure to maintain control of a motor vehicle while distracted in violation of section 39‑08‑25" as a reportable offense to be assigned points (i.e., distracted driving/control is added to the points schedule).

Who is affected

  • Motor vehicle owners and lessors (owners can receive citations and fees when their vehicles are used to flee a peace officer unless exceptions apply).
  • Lessees and renters (lessees may be presumed responsible if lessor provides renter information).
  • Short‑term rental businesses (rentals ≤90 days are exempt from owner liability under this section).
  • Drivers who flee peace officers (may still be charged criminally under 39‑10‑71).
  • Law enforcement (authorizes issuance of owner citations within 96 hours and offers an enforcement alternative to vehicle pursuit).
  • Driver records and licensing administration (more violations may be reflected on records; two‑point penalty and lowered public‑entry threshold may increase suspensions).

Procedural / timing notes

  • The bill as amended and advanced through conference included an emergency declaration in some versions; the enrolled/filing entries indicate the act was filed with the Secretary of State May 2, 2025. Emergency language in enacted versions suggests immediate effect upon approval where adopted; consult the official enrolled act for the exact effective date.

Practical impact

  • Creates a civil enforcement tool to discourage use of privately owned vehicles in fleeing incidents and to reduce pursuit‑related risks by allowing citation of owners.
  • Increases potential civil liability and administrative fees for vehicle owners; could incentivize owners/lessors to maintain records and cooperate with investigations.
  • Alters driving‑record administration (more infractions may become part of the public record and contribute toward suspension under the state points system).

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.