Bill
HB 1480
ND HB 1480 allows a nonlegal owner to request a title for a long-unregistered vehicle (25+ years). After required notices, if no reply in 30 days, the DMV issues the title.
A bill to create a new section in NDCC ch. 39‑05 concerning requests for a certificate of title by a nonlegal owner of a motor vehicle
Status
- Introduced in the 69th Legislative Assembly.
- Committee adoption and amendments reported (Transportation Committee).
- Second reading: failed to pass (yeas 0, nays 45).
Note: Multiple unrelated bills in other states also use the number “HB 1480.” This summary covers the North Dakota version that would add a new section to chapter 39‑05 of the North Dakota Century Code.
Purpose / Intent
- Provide a procedure that allows an individual who is not the legal owner to request issuance of a certificate of title for a motor vehicle that has an existing title but has not been registered for an extended period. The procedure is aimed at clearing titles for long‑unregistered vehicles (e.g., abandoned or long‑idle vehicles).
Key provisions
- Applicability: A motor vehicle that has been issued a certificate of title but has not been registered under chapter 39‑04 for more than 25 years. (Earlier drafts used 10 years or other shorter timeframes; final committee amendment set 25 years.)
- Who may apply: An individual who is not the legal owner may request a certificate of title.
- Notification requirements for the requester:
- Send a certified letter to the last‑known address at which the motor vehicle was registered.
- Publish notice of the vehicle title request twice over a 30‑day period in a newspaper of general circulation in the county where the vehicle was last registered.
- Department action and waiting period:
- If no response is received within 30 days after notification and the requester provides satisfactory proof of compliance with the notification requirements, the department shall issue a certificate of title to that individual under NDCC § 39‑05‑09.
- Procedural detail: The bill requires the requester to document compliance with the certified‑mail and newspaper‑advertising steps before the Department issues title.
Who is affected
- Nonlegal owners or possessors of long‑unregistered vehicles who wish to obtain a certificate of title (e.g., individuals who have been in possession of a vehicle for many years).
- Legal titleholders (may lose an opportunity to assert ownership if they do not respond to the required notices).
- County newspapers (publication requirement).
- State motor vehicle department (administrative processing and title issuance under existing statute § 39‑05‑09).
Potential impacts and considerations
- May facilitate marketability, transfer, or lawful use of long‑idle/abandoned vehicles by clearing titles administratively.
- Introduces a process that could result in title issuance without affirmative consent from the legal owner if the owner cannot be located or does not respond to notice; raises potential property‑rights and due‑process considerations for affected owners.
- Administrative burden for requesters to provide proof of compliance; modest workload implications for the motor vehicle department to verify notices and process titles.
- The 25‑year threshold narrows the pool of eligible vehicles compared with earlier versions that used shorter timeframes (10 years or 14 days notice periods in initial drafts).
Procedural / timeline notes
- Requester must complete certified mailing and two publications over 30 days, then wait 30 days for any response. After that, upon submission of satisfactory proof, the department is to issue the title under the statutory mechanism already governing title issuance (NDCC § 39‑05‑09).
- The bill was amended during committee from shorter notice/eligibility periods to the 25‑year and 30‑day framework described above.
- Final status: failed to advance on second reading (vote recorded: yeas 0, nays 45).
Sponsors (North Dakota version)
- Introduced by Representatives Kempenich, Dressler, D. Ruby, Tveit, Weisz, Brandenburg; Senators Kessel, Patten, Thomas (per committee/engrossed documents).
Related / other notes
- The legislative file indicates multiple drafts and alternate versions (earlier 10‑year and 14‑day variants).
- There are unrelated HB 1480 bills in other states addressing distinct subjects (scholarships, utilities, child advocacy centers, criminal penalties, housing). This summary is specific to the North Dakota vehicle‑title proposal.
Compiled from official sources — confirm details with the bill’s official record.
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