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HB 1422

Clarifying that certain reusable packing materials are exempt from sales and use tax.

2023-2024 Regular Session Introduced by Chris Corry and 2 co-sponsors

ND HB1422 tightens penalties for driving on a suspended/revoked license, lets courts order plate destruction, and updates fees and driving-record rules.

Referred to Finance.
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Bill Summary · HB 1422

HB 1422 — Summary (North Dakota, 2025 Session)

Status and effective date
- Enacted and enrolled. Signed by the Governor 06/20/2025.
- Effective date: September 1, 2025.

Purpose / intent
HB 1422 amends multiple provisions of Title 39 of the North Dakota Century Code to (1) revise penalties and court options for operating a vehicle while driving privileges are suspended or revoked, (2) adjust statutory fee schedules for noncriminal traffic dispositions (moving and nonmoving violations), and (3) update related definitions and driving‑record entry rules. The bill clarifies court authority and administrative remedies (including handling of license plates) tied to suspended/revoked driving privileges.

Key provisions and changes
- Driving while suspended or revoked (39-06-01; 39-06-42)
- Reaffirms that operating a motor vehicle while an operator's license is suspended or revoked is prohibited.
- Creates (or clarifies) a misdemeanor penalty structure: driving while license suspended/revoked is a class B misdemeanor for the first through third offense within five years; subsequent offenses within five years are class A misdemeanors. When suspensions stem from certain offenses (e.g., impaired driving or other specified statutes), mandatory minimum jail time applies.
- Courts may dismiss or reduce a charge if the defendant reinstates the operator's license within 60 days of the offense and provides satisfactory proof to the court.
- In addition to other punishments, a court may order destruction (and require surrender) of the motor vehicle number plates owned/operated by the offender at the time of the offense. Municipal judges may be authorized by city ordinance to order plate destruction in similar fashion.

  • Monetary fine and driving‑record penalty for operating while disqualified (amendment to 39-06-01)

    • The bill specifies (or restates) that a violation of operating while license has been disqualified can carry a $100 fine and three points charged against the individual’s driving record (with the dismissal option noted above if privileges are reinstated within 60 days).

  • Statutory fee schedule for noncriminal dispositions (39-06.1-06)

    • Establishes a baseline administrative fee of $20 for most nonmoving and moving violations disposed noncriminally.
    • Lists numerous exceptions with higher fees for specified offenses (examples include $50 for certain listed statutes, $100 for certain safety violations, $250 for particular serious violations, and up to $500 for the most serious motor vehicle offense listed).
    • Provides a graduated speeding fee schedule tied to miles per hour over the limit; fees increase significantly at higher speed tiers and include special higher rates for highways with higher posted limits and for school‑zone speeding.

  • Definitions and driving‑record entries (39-06.1-09; 39-06.1-10)

    • The bill revises the statutory definitions of moving versus nonmoving violations and clarifies which offenses must be entered against a driving record (specifics are updated in the cited sections).

Who is affected
- Motor vehicle operators in North Dakota (drivers whose privileges are suspended or revoked).
- Courts (new/clarified motion, dismissal, and sentencing procedures).
- North Dakota Department of Transportation / Driver licensing authorities (processing reinstatements, applying points, and implementing fee changes).
- Law enforcement and municipal officials (authority and procedures for plate seizure/destruction where authorized).
- Drivers paying fines or administrative fees for moving/nonmoving violations (fee table changes may raise or lower specific disposition amounts).

Procedural / implementation notes
- The bill specifies processes for dismissal/ reduction of offenses contingent on timely license reinstatement (within 60 days).
- Courts are directed to accept satisfactory evidence of reinstatement for dismissal; failure to surrender ordered plates can result in probation revocation.
- Effective September 1, 2025 — agencies and courts should update forms, training, and automated systems (driver record and fee processing) to reflect the new fee structure, point assessments, and plate‑surrender provisions.

Sources: enrolled bill text and committee/engrossment materials amending NDCC sections 39-06-01, 39-06-42, 39-06.1-06, 39-06.1-09, and related driving‑record entries.

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

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