23.8066.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2053
of North Dakota
Introduced by
Transportation Committee
(At the request of the Highway Patrol)
1 A BILL for an Act to amend and reenact sections 2-05-14, 11-19.1-08, 11-19.1-10, paragraph 2
2 of subdivision a of subsection 1 of section 15-39.1-10.3, subdivision a of subsection 2 of section
3 15-39.1-10.3, sections 20.1-13-14, 24-09-01.1, 24-15-01, subdivision b of subsection 1 of
4 section 26.1-25-02, sections 26.1-25-04.1, 26.1-25-04.2, 26.1-25-04.3, subsections 2, 14,
5 and 19 of section 26.1-41-01, subsection 5 of section 26.1-41-02, section 26.1-41-04,
6 subsection 2 of section 26.1-41-06, sections 26.1-41-14, 26.1-41-15, 26.1-41-19, subdivision e
7 of subsection 5 of section 28-32-08.1, section 29-06-15.1, subsection 1 of section 32-03.2-02.1,
8 subsection 9 of section 32-03.2-11, subdivision i of subsection 1 of section 32-08.1-03,
9 subsection 66 of section 39-01-01, sections 39-01-01.1, 39-01-11, 39-03-01, 39-03-03,
10 39-03-04, 39-03-05, 39-03-06, 39-03-07, 39-03-11, 39-03-16, 39-03-17, subsection 4 of section
11 39-03.1-01, sections 39-03.1-02, 39-03.1-10.4, 39-03.1-27, 39-06-22, subsection 2 of section
12 39-06-27, subsection 5 of section 39-06-32, section 39-06.1-05, paragraph 39 of subdivision a
13 of subsection 3 of section 39-06.1-10, subdivision b of subsection 3 of section 39-06.1-10,
14 subdivision a of subsection 2 of section 39-06.1-15, section 39-06.2-01, subsection 18 of
15 section 39-06.2-02, subdivision c of subsection 30 of section 39-06.2-02, subdivision b of
16 subsection 1 of section 39-06.2-10, subsections 10 and 11 of section 39-06.2-10, section
17 39-06.2-10.5, subsection 3 of section 39-06.2-10.6, sections 39-07-12, 39-07-13, subsection 1
18 of section 39-08-04, sections 39-08-04.1, 39-08-06, 39-08-09, subsection 5 of section 39-08-13,
19 subsection 3 of section 39-08-23, subdivision b of subsection 1 of section 39-08-25,
20 subsection 2 of section 39-10-01, subsection 5 of section 39-10-26, subsection 2 of section
21 39-10-69, subsection 2 of section 39-16-03, sections 39-16-04, 39-16-05, 39-16-06,
22 subsection 2 of section 39-16-07, sections 39-16-08, 39-16-09, 39-16-10, subsection 3 of
23 section 39-16.1-04, section 39-16.1-05, subdivision a of subsection 1 of section 39-16.1-10,
24 subdivision b of subsection 2 of section 39-16.1-11, subdivision c of subsection 6 of section
25 39-16.1-11, subsection 2 of section 39-16.1-17, subsection 2 of section 39-16.1-19, section
Page No. 1 23.8066.01000
 Sixty-eighth
Legislative Assembly
1 39-16.2-05, subsection 1 of section 39-20-04, subsection 3 of section 39-20-05, section
2 39-20-13, subsection 1 of section 39-20-14, subsection 11 of section 39-24-09, section
3 39-24.1-02, subsection 8 of section 43-30-02, sections 49-11-32, 51-07-28, paragraph 2 of
4 subdivision a of subsection 1 of section 54-52-17.2, subsection 2 of section 54-52.1-03,
5 subdivision b of subsection 1 of section 54-52.1-03.2, subdivision a of subsection 1 of section
6 54-52.1-03.3, subsection 2 of section 54-52.1-03.3, and section 57-39.2-03.7 of the North
7 Dakota Century Code, relating to terminology pertaining to state troopers and motor vehicle
8 crashes.
9 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10 SECTION 1. AMENDMENT. Section 2-05-14 of the North Dakota Century Code is amended
11 and reenacted as follows:
12 2-05-14. Enforcement of aeronautics laws.
13 The commission, its members, the director, officers, and the employees of the commission,
14 and every state patrolmantrooper and all peace officers shall enforce and assist in the
15 enforcement of this chapter.
16 SECTION 2. AMENDMENT. Section 11-19.1-08 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 11-19.1-08. Records of coroner's office.
19 The coroner shall keep full and complete records. All records must be kept in the office of
20 the coroner if the coroner maintains an office as coroner. If the coroner maintains no separate
21 office, the records must be kept in the office of the recorder of the county, unless the board of
22 county commissioners designates a different official. The records must be properly indexed,
23 stating the name, if known, of every deceased individual, the place where the body was found,
24 date of death, cause of death, and all other available information required by this chapter. The
25 report of the coroner and the detailed findings of the autopsy, if one was performed, must be
26 attached to the report of every case. The coroner promptly shall deliver or cause to be delivered
27 to the state's attorney of the county in which a death occurred copies of all necessary records
28 relating to every death in which the coroner or state's attorney determines further investigation
29 advisable. The sheriff of the county, the police of the city, or the state highway patrolmenpatrol
30 troopers on duty in that county in which the death occurred may be requested to furnish more
Page No. 2 23.8066.01000
 Sixty-eighth
Legislative Assembly
1 information or make further investigation by the coroner or the coroner's deputy. The state's
2 attorney may obtain from the office of the coroner copies of records and other information
3 necessary for further investigation. Except for a report of death and autopsy reports, which may
4 be used and disclosed only as authorized by subsection 4 of section 11-19.1-11, all records of
5 the coroner are the property of the county and are public records.
6 SECTION 3. AMENDMENT. Section 11-19.1-10 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 11-19.1-10. Deceased human bodies to be held pending investigation.
9 All deceased human bodies in the custody of the coroner must be held until such time as
10 the coroner after consultation with the state's attorney, the police department of the city, the
11 state highway patrolmenpatrol troopers on duty in that county, or the sheriff has reached a
12 decision that it is not necessary to hold the body longer to enable the coroner to decide on a
13 diagnosis, giving a reasonable and true cause of death, or that the body is no longer necessary
14 to assist any one of those officials in their duties.
15 SECTION 4. AMENDMENT. Paragraph 2 of subdivision a of subsection 1 of section
16 15-39.1-10.3 of the North Dakota Century Code is amended and reenacted as follows:
17 (2) The highway patrolmen'spatrol troopers' retirement system.
18 SECTION 5. AMENDMENT. Subdivision a of subsection 2 of section 15-39.1-10.3 of the
19 North Dakota Century Code is amended and reenacted as follows:
20 a. If a teacher, who is eligible to participate in this fund, is also eligible to participate
21 in an alternate retirement system, the employee is a member of the teachers'
22 fund for retirement for duties covered under this fund, and the employee is also a
23 member of the public employees retirement system or highway patrolmen'spatrol
24 troopers' retirement system for duties covered by those alternate retirement
25 systems. The employers shall pay the member and employer contributions at the
26 rates currently existing for the applicable system.
27 SECTION 6. AMENDMENT. Section 20.1-13-14 of the North Dakota Century Code is
28 amended and reenacted as follows:
29 20.1-13-14. Rules - Enforcement.
30 Rules may be adopted pursuant to this chapter under chapter 28-32. Every game warden,
31 sheriff's officer, or highway patrolmanpatrol trooper of this state has the authority to enforce the
Page No. 3 23.8066.01000
 Sixty-eighth
Legislative Assembly
1 provisions of this chapter and in the exercise thereof has the authority to stop and board any
2 vessel subject to this chapter.
3 SECTION 7. AMENDMENT. Section 24-09-01.1 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 24-09-01.1. Standard railroad crossing warning systems - Survey for additional
6 warning systems.
7 The standard warning system at each public highway-railroad grade crossing must be
8 railroad crossbucks and advance warning signs designed and located pursuant to section
9 39-13-07. These signing requirements and standards must be deemed adequate and
10 appropriate for warning of the existence and nature of each railroad crossing for all purposes
11 whatsoever. However, because of the availability of substantial federal funds, and for the
12 purpose of promoting the additional safety and general welfare of the motoring public, and
13 railroad employees, and to secure the practical and orderly development of additional warning
14 systems beyond the standards herein, and to enable the various jurisdictional authorities to
15 implement existing statutes authorizing the determination of need and selection of additional
16 warning systems, and within the practical limitations of time and available public funds, the
17 department shall conduct and systematically maintain a survey of all streets and highways as
18 required by the Federal Highway Safety Act of 1973, to identify those railroad crossings which
19 may need additional warning systems beyond the standard crossbucks and advance warning
20 signs. To implement such survey and to make the determination of need and selection of
21 additional warning systems, the department may screen, rate, and prioritize said crossings for
22 additional warning systems and establish an installation program. In order to foster additional
23 warning systems beyond the standards herein or improvements thereto, where such additional
24 warnings or improvements thereto are deemed necessary by any jurisdictional authority either
25 under this statute or any other statutes, neither the actions, proceedings, findings, or orders of
26 any jurisdictional authority, nor the actions of the railroad regarding such additional warning or
27 improvements thereto, prior to installation and operation thereof, are admissible in evidence in
28 any civil action for personal injury, death, or damage to property arising out of a public
29 highway-railroad crossing accidentcrash.
30 SECTION 8. AMENDMENT. Section 24-15-01 of the North Dakota Century Code is
31 amended and reenacted as follows:
Page No. 4 23.8066.01000
 Sixty-eighth
Legislative Assembly
1 24-15-01. Definition.
2 For the purpose of this chapter, a temporary roadblock means any structure, device, or
3 means used by police, sheriffs, deputy sheriffs, game wardens, highway patrolmentroopers,
4 agents of the federal bureau of investigation, or officers of the United States border patrol, for
5 the purpose of controlling traffic through a point on a highway, road, or street, whereby all
6 vehicles may be slowed or stopped.
7 SECTION 9. AMENDMENT. Subdivision b of subsection 1 of section 26.1-25-02 of the
8 North Dakota Century Code is amended and reenacted as follows:
9 b. AccidentCrash and health insurance.
10 SECTION 10. AMENDMENT. Section 26.1-25-04.1 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 26.1-25-04.1. Motor vehicle insurance rate filings - Premium reduction for
13 accidentcrash prevention course completion.
14 All rate filings with the commissioner for motor vehicle liability and physical damage
15 insurance must provide for an appropriate reduction in premium charges for the principal
16 operators of motor vehicles for at least a two-year period following their successful completion
17 of a motor vehicle accidentcrash prevention course. The reduction in premium charges must be
18 separately disclosed. The premium billing must disclose the reduction in premium charges with
19 respect to the person eligible for the reduction. The reduction in premium charges does not
20 apply to an operator who is subject to an experience rating or a driver education premium
21 reduction. If a policy insures two or more motor vehicles, the premium reduction applies only to
22 the motor vehicle principally operated by the person who has satisfactorily completed the motor
23 vehicle accidentcrash prevention course. The course must be approved by the superintendent
24 of the state highway patrol. The course sponsor shall provide each successful participant a
25 certificate that is the basis for the insurance discount. A driver fifty-five years of age or older who
26 successfully completes an approved motor vehicle accidentcrash prevention course is entitled
27 to a three-year insurance premium reduction. The reduction may be applied only to a private
28 passenger motor vehicle or a pickup truck or van that has a gross vehicle weight of less than
29 ten thousand pounds [4535.92 kilograms] and which is not used for delivering or transporting
30 goods or materials unless the delivery and transport is incidental to an operator's business.
Page No. 5 23.8066.01000
 Sixty-eighth
Legislative Assembly
1 SECTION 11. AMENDMENT. Section 26.1-25-04.2 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 26.1-25-04.2. Motor vehicle accidentcrash surcharge.
4 Concerning motor vehicle accidentscrashes occurring after August 1, 1993:
5 1. An insurer may not assess an accidenta crash surcharge on the policy of any insured
6 as a result of a comprehensive coverage claim or when the insured's unattended
7 vehicle was legally parked when the damage occurred.
8 2. An insurer may not assess an accidenta crash surcharge on the policy of any insured
9 when a claim has been paid pursuant to section 26.1-40-17.1 unless the insurer is not
10 entitled to recover damages from the party at fault.
11 SECTION 12. AMENDMENT. Section 26.1-25-04.3 of the North Dakota Century Code is
12 amended and reenacted as follows:
13 26.1-25-04.3. Disclosure of accidentcrash surcharge and loss of discount.
14 Before, or at the time of issuance of a policy, an insurer insuring a motor vehicle must notify
15 the insured in writing of the insurer's underwriting and rating procedures applicable to
16 accidentcrash surcharges and loss of discounts.
17 SECTION 13. AMENDMENT. Subsection 2 of section 26.1-41-01 of the North Dakota
18 Century Code is amended and reenacted as follows:
19 2. "Basic no-fault benefits" means benefits for economic loss resulting from accidental
20 bodily injury. The maximum amount of basic no-fault benefits payable for all economic
21 loss incurred and resulting from accidental bodily injury to any one person as the result
22 of any one accidentcrash may not exceed thirty thousand dollars, regardless of the
23 number of persons entitled to the benefits or the number of basic no-fault insurers
24 obligated to pay the benefits. Basic no-fault benefits payable may not exceed one
25 hundred fifty dollars per week per person prorated for any lesser period for work loss
26 or survivors' income loss, or three thousand five hundred dollars for funeral,
27 cremation, and burial expenses.
28 SECTION 14. AMENDMENT. Subsection 14 of section 26.1-41-01 of the North Dakota
29 Century Code is amended and reenacted as follows:
30 14. "Owner" means the person in whose name the motor vehicle has been registered. If
31 ownership has been transferred, but the registration record has not been changed,
Page No. 6 23.8066.01000
 Sixty-eighth
Legislative Assembly
1 "owner" means the person, other than a lienholder, to whom ownership has been
2 transferred. If no registration is in effect at the time of an accidenta crash involving the
3 motor vehicle, "owner" means the person, other than a lienholder, who holds the legal
4 title to the motor vehicle. If the motor vehicle is the subject of a security agreement
5 with the debtor having the right to possession, a lease with an option to purchase with
6 the lessee having the right to possession, or a lease with a term of six months or more
7 with the lessee having the right to possession, "owner" means the debtor or lessee.
8 SECTION 15. AMENDMENT. Subsection 19 of section 26.1-41-01 of the North Dakota
9 Century Code is amended and reenacted as follows:
10 19. "Secured motor vehicle" means a motor vehicle with respect to which the security
11 required by this chapter was in effect at the time of its involvement in the accidenta
12 crash resulting in accidental bodily injury.
13 SECTION 16. AMENDMENT. Subsection 5 of section 26.1-41-02 of the North Dakota
14 Century Code is amended and reenacted as follows:
15 5. An owner of a motor vehicle with respect to which security is required who fails to
16 have the security in effect at the time of an accidenta crash is absolutely liable at law
17 for payment of basic no-fault benefits and has all the rights and obligations of a basic
18 no-fault insurer under this chapter. This remedy is in addition to any other remedy that
19 an injured person may have against the owner.
20 SECTION 17. AMENDMENT. Section 26.1-41-04 of the North Dakota Century Code is
21 amended and reenacted as follows:
22 26.1-41-04. Optional excess no-fault benefits.
23 Each basic no-fault insurer of the owner of a secured motor vehicle shall also make
24 available optional excess no-fault benefits for excess economic loss commencing upon th