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HB 1294

AN ACT to amend and reenact subsection 2 of section 39-06.1-06 of the North Dakota Century Code, relating to the amount of fees for a moving violation.

69th Legislative Assembly (2025-26)

Raises fines for passing a stopped school bus: first offense $250; second+ within 5 years min $750; excludes offenses from simplified procedures; affects drivers and owners.

Filed with Secretary Of State 03/26
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Bill Summary · HB 1294

Summary — North Dakota HB 1294

AN ACT to amend and reenact subsection 2 of section 39‑06.1‑06 of the North Dakota Century Code, relating to the amount of fees for a moving violation.

Main purpose

The bill revises the state’s moving‑violation fee schedule (NDCC §39‑06.1‑06) and related traffic provisions to increase penalties for certain serious moving offenses — most notably overtaking or passing a stopped school bus — and to clarify which offenses are excluded from the simplified traffic‑violation procedure.

Key provisions

  • Amends subsection 2 of NDCC §39‑06.1‑06 (fee schedule for moving violations):
    • Increases the fee for a first violation of NDCC §39‑10‑46 (overtaking/passing a stopped schoolbus) and §39‑10‑46.1 (allowing a vehicle to be used to violate §39‑10‑46) to $250 for a first offense. (Language in the bill replaces a prior $100 amount with $250.)
    • Confirms and restates fees for a range of other moving violations (examples include $50 for certain roadway violations, $150/$300 for specified speeding or aggressive driving subsections, $500 for certain violations, etc.). The bill is primarily an update to the enumerated fee table.
  • Amends NDCC §39‑10‑46 (overtaking and passing a schoolbus):
    • Reaffirms the duty to stop for a stopped schoolbus with flashing red lights/stop arm and related signage and equipment requirements for school buses.
    • For a second or subsequent violation within five years, raises the consequence to an infraction carrying a minimum fine of $750.
  • Amends NDCC §39‑06.1‑05 (offenses excepted from the simplified traffic violation procedure) to ensure a second or subsequent schoolbus overtaking offense within five years (and analogous registered‑owner offenses) are excluded from the simplified procedure.
  • Amends NDCC §39‑06.1‑09 (definition of “moving violation”) to align the list of covered offenses with the amended fee schedule and exceptions.

Who is affected

  • Motor vehicle drivers who pass a stopped schoolbus: higher first‑offense fee ($250) and substantially higher minimum fine for repeat offenses (at least $750 within five years).
  • Registered owners who permit their vehicle to be used in violating the schoolbus statute (NDCC §39‑10‑46.1) are subject to the revised fee and penalties.
  • Prosecuting authorities, courts, and law enforcement: administrative updates to charging and case processing for excluded offenses and the fee schedule.

Policy and procedural notes / timeline

  • The bill revises statutory fee amounts and cross‑references across multiple traffic code sections; it does not create new criminal classifications beyond modifying fines/infractions.
  • Legislative action (selected):
    • Passed both chambers (House recorded vote 80–9; Senate recorded vote 45–2).
    • Enrolled and filed with the Secretary of State on March 26, 2025 (per available legislative records).
  • Practical impact: raises financial penalties aimed at deterring dangerous conduct (overtaking stopped school buses) and makes repeat violations subject to greater sanctions and exclusion from simplified traffic procedures.

If you want, I can: (1) extract the full amended text of the affected NDCC subsections, (2) produce a side‑by‑side comparison of old vs. new fees, or (3) draft a one‑page explainer for drivers and school districts. Which would help you most?

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

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