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HB 1243

Licenses - As introduced, extends to smoking hemp the existing licensure and certain other requirements for hemp-derived cannabinoid products; imposes a tax on the privilege of engaging in the business of selling smoking hemp and products containing a hemp-derived cannabinoid in this state. - Amends TCA Section 1-3-113; Title 39, Chapter 17, Part 15; Title 43, Chapter 27; Section 53-11-451 and Title 67.

114th Regular Session (2025-2026) Introduced by Chris Hurt

North Dakota HB 1243 lets insured keep a vehicle after total/constructive loss and bars insurers from charging for its return.

Assigned to s/c Criminal Justice Subcommittee
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Bill Summary · HB 1243

Summary — HB 1243 (North Dakota)

A bill to create and enact a new section to chapter 26.1‑40 of the North Dakota Century Code, relating to automobile ownership following damage resulting in a total loss.

Main purpose / intent

HB 1243 clarifies the post‑loss ownership options when an insurer determines a motor vehicle has suffered a total (or constructive total) loss. The bill is intended to preserve insureds’ choice to retain their vehicle after a total loss determination and to prohibit insurers from charging the insured to have the vehicle returned.

Key provisions

  • If an insurer determines an automobile with physical damage coverage has incurred a total loss (including constructive total loss), the insured may:
    • retain ownership of the automobile, or
    • allow the insurer to take ownership.
  • An insurer may not require the insured to pay — either out of the insurance payment or by any other means — for the return of the automobile following a determination of total loss.

(These are the only substantive provisions in the proposed new section.)

Who would be affected

  • Insured vehicle owners: gain explicit statutory right to keep a vehicle declared a total loss without being charged for its return.
  • Insurers and their claims/adjusting practices: must offer the ownership choice and cannot condition return on additional payment by the insured.
  • Lienholders and finance companies: practical effects depend on existing loan/security interests — retaining a vehicle does not by itself eliminate lender rights; coordination will be required to address outstanding loans, salvage titles, and lien releases.
  • Salvage yards, repairers, dealers: potential increase in retained salvage vehicles returned to owners rather than transferred to insurers.

Procedural / timeline notes

  • Filing date (per provided materials): November 12, 2024.
  • The supplied legislative activity includes multiple readings and committee actions. In the materials there is also a notification indicating the bill became Act No. 994 (notification dated 2025‑04‑22) and entries showing enrollment/transmittal to the governor. However, the packet you provided includes legislative records from other jurisdictions and conflicting status entries. Verify the final status (enacted, vetoed, or failed) with the official North Dakota legislative website or the Secretary of State.

Practical implications / considerations

  • Insurers will need to update claims procedures and communications to offer the post‑loss ownership option and ensure they do not charge for vehicle return.
  • Title and lien procedures (salvage/title branding, payoff of loans, release of lien) require alignment so retaining owners and lenders understand financial/legal consequences.
  • The bill contains no explicit fiscal impact statement; administrative impact on insurers is expected to be operational (claims process changes) and minimal on state government.

Note: The package of documents you provided includes other, unrelated HB 1243 bills from other states (Maryland, Arkansas, Indiana, Illinois). This summary addresses the North Dakota HB 1243 (automobile ownership after total loss). If you want, I can prepare separate summaries for the other HB 1243 measures.

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

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