Bill Summary – FastDemocracy

0687.01000
     Sixty-eighth
     Legislative Assembly                    SENATE BILL NO. 2219
     of North Dakota
     Introduced by
       Senators Hogue, Clemens, Conley
       Representatives Fegley, D. Ruby, Thomas
  A BILL for an Act to amend and reenact section 14-08.1-07, subsection 6 of section 39-06-19,
  section 39-06-32, subsection 4 of section 39-06-33, subdivision i of subsection 2 of section
  39-06-49, subsection 5 of section 39-06.1-11, and subsection 2 of section 39-16-03.1 of the
  North Dakota Century Code, relating to suspension of an operator's license for nonpayment of
  child support, the issuance of a temporary permit, authority to suspend an operator's license for
  failure to pay a fine, hearings on suspension or revocation of license, license reinstatement
  fees, temporary restricted licenses, and entries on driver's record abstract; and to provide a
  penalty.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
     SECTION 1. AMENDMENT. Section 14-08.1-07 of the North Dakota Century Code is
 amended and reenacted as follows:
     14-08.1-07. Suspension of motor vehicle operator's license for nonpayment of child
 support or failure to obey subpoena.
     When considering a contempt citation against a child support obligor who is in arrears in
 child support in an amount greater than three times the monthly child support obligation and the
 obligor is not current in a court-established plan to repay the unpaid child support arrears, or
 whoan individual has failed, after receiving appropriate notice, to comply with a subpoena
 relating to a paternity or child support matter unrelated to nonpayment of child support, the court
 shall determine whether the obligorindividual has a motor vehicle operator's license issued
 under chapter 39-06. The court may restrict or suspend a motor vehicle operator's license
 issued by the state which is held by the obligorindividual. The court shall notify the department
 of transportation of the court's decision to restrict or suspend an obligor'sindividual's motor
 vehicle operator's license. An appeal by an obligorindividual who has had a motor vehicle
 operator's license restricted or suspended under this section is an appeal from the court's order
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     Legislative Assembly
  and may not be appealed to the department of transportation. Except for statistical purposes, an
  entry on the driving record or abstract of a restriction or suspension under this section after the
  restriction or suspension ceases may not be available to the public other than by order of a
  court of competent jurisdiction. A suspension under this section is not subject to the financial
  responsibility reporting requirements.
      SECTION 2. AMENDMENT. Subsection 6 of section 39-06-19 of the North Dakota Century
  Code is amended and reenacted as follows:
      6.   The director may not renew an operator's license if the license has been suspended
           under section 14-08.1-07. Upon the recommendation of the court, the director may
          issue a temporary permit to the licensee under section 39-06.1-11 if the temporary
          permit is necessary for the licensee to work and the court has determined the licensee
          is making a good-faith effort to comply with the child support ordersubpoena or child
          support matter.
     SECTION 3. AMENDMENT. Section 39-06-32 of the North Dakota Century Code is
 amended and reenacted as follows:
     39-06-32. Authority to suspend licenses.
     1. The director may suspend the operator's license of an individual, after hearing, upon
 proof by a fair preponderance of the evidence, that any of the following apply to the licensee:
   a.1.   Commission of an offense for which mandatory revocation of license is required upon
          conviction.
   b.2.   Incompetence to drive a motor vehicle.
   c.3.   Unlawful or fraudulent use of an operator's license.
   d.4.   Refusal to submit to an implied consent chemical test on an Indian reservation or in
          another state. For purposes of this subsection, the specific requirements for
          establishing a refusal used on the Indian reservation or in the other state may not be
          considered, and photostatic copies of the records of the other jurisdiction's driver's
          licensing authority are sufficient evidence of the refusal whether those copies are
          certified. The suspension must be for the same length of time as the revocation in
          section 39-20-04. If the refusal arose out of an arrest or stop of an individual while
          operating a commercial motor vehicle, the period of suspension must be the same as
          the period of revocation provided in section 39-06.2-10.
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    2.5.   Failure, as shown by the certificate of the court, to pay a fine or serve any other
           sentence as ordered by a court upon conviction for any criminal traffic offense.
    3.6.   Failure, as shown by the certificate of the court, to appear in court or post and forfeit
           bond after signing a promise to appear, if signing is required by law, in violation of
           section 39-06.1-04, willful violation of a written promise to appear in court, in violation
           of section 39-07-08, or violation of equivalent ordinances or laws in another
           jurisdiction. Upon resolution by the operator of the underlying cause for a suspension
           under this subsection, as shown by the certificate of the court, the director shall record
           the suspension separately on the driving record. This separate record is not available
          to the public.
   4.7.   An administrative decision on an Indian reservation or in another state that the
          licensee's privilege to drive on that Indian reservation or in that state is suspended or
          revoked because of a violation of that Indian reservation's or state's law forbidding
          motor vehicle operation with an alcohol concentration of at least eight one-hundredths
          of one percent by weight or, with respect to a person under twenty-one years of age,
          an alcohol concentration of at least two one-hundredths of one percent by weight, or
          because of a violation of that Indian reservation's or state's law forbidding the driving
          or being in actual physical control of a commercial motor vehicle while having an
          alcohol concentration of at least four one-hundredths of one percent by weight. The
          specific requirements for establishing the violation on the Indian reservation or in the
          other state may not be considered and certified copies of the records of the Indian
          reservation's or other state's driver's licensing authority are sufficient evidence of the
          violation. The suspension must be for the same duration as the suspension in section
          39-20-04.1, if the violation does not involve a commercial motor vehicle. If the violation
          involves a commercial motor vehicle, the period of suspension must be the same as
          the period of suspension provided in section 39-06.2-10. For purposes of this section,
          originals, photostatic copies, or electronic transmissions of the records of the driver's
          licensing or other authority of the other jurisdiction are sufficient evidence whether they
          are certified copies.
   5.8.   Conviction of an offense under this title and it appears from the director's records that
          the offense contributed to causing an accident which resulted in death or serious
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     Legislative Assembly
           personal injury or serious property damage. A suspension may not be imposed if the
           individual has been sanctioned for the same offense under section 39-06-31.
     SECTION 4. AMENDMENT. Subsection 4 of section 39-06-33 of the North Dakota Century
  Code is amended and reenacted as follows:
      4.   If a suspension is ordered under subdivision b of subsection 12 of section 39-06-32,
           the notice must include a specific description of the conditions which led to the
           conclusion that the licensee is incompetent to drive a motor vehicle. If during the
           suspension those conditions dissipate, the licensee may request another hearing on
           the issue of competence to drive a motor vehicle. The hearing must be held in the
          manner required under subsections 2 and 3 for the original suspension.
    SECTION 5. AMENDMENT. Subdivision i of subsection 2 of section 39-06-49 of the North
 Dakota Century Code is amended and reenacted as follows:
          i.   Reinstatement after suspension is fifty dollars unless the suspension was the
               result of a suspension under subsection 3, 4, or 6 of section 39-06-03 or
               subdivision b of subsection 12 of section 39-06-32, then the fee is twenty-five
               dollars, or unless the suspension was a result of a violation under section
               39-08-01 or chapter 39-20, then the fee is one hundred dollars.
    SECTION 6. AMENDMENT. Subsection 5 of section 39-06.1-11 of the North Dakota
 Century Code is amended and reenacted as follows:
     5.   The director may not issue a temporary restricted license for a period of license
          revocation or suspension imposed under section 39-06-31. A temporary restricted
          license may be issued for suspensions ordered under subsection 47 of section
          39-06-32 if it could have been issued had the suspension resulted from in-state
          conduct.
    SECTION 7. AMENDMENT. Subsection 2 of section 39-16-03.1 of the North Dakota
 Century Code is amended and reenacted as follows:
     2.   After the period of suspension ceases, an entry concerning a suspension under
          subsection 3, 4, 5, or 6 of section 39-06-03 or subsection 2, 5, or 65 or 8 of section
          39-06-32.
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Statutes affected: 
INTRODUCED: 14-08.1-07, 39-06-19, 39-06-32, 39-06-33, 39-06-49, 39-06.1-11, 39-16-03.1
FIRST ENGROSSMENT: 14-08.1-07, 39-06-19, 39-06-32, 39-06-33, 39-06-49, 39-06.1-11, 39-16-03.1