HB 1366 — A BILL for an Act to amend and reenact sections 39-06.1-06, 40-05-06, and 40-11-12 of the North Dakota Century Code, relating to speeding violations, city fines, and nonpayment of fines; and to provide a penalty.

25.0980.0100025.0980.02000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED HOUSE BILL NO.

1366 of North Dakota Introduced by Representatives Maki, Osowski, D.

Ruby Senator Bekkedahl A BILL for an Act to amend and reenact sectionsections 39-06.1-0639-06.1-06, 40-05-06, and 40-11-12 of the North Dakota Century Code, relating to speeding violations;violations, city fines, and nonpayment of fines;

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Miles per hour over lawful speed limit Fee 1 - 5 $ 5 6 - 10 $ 5 plus $1/each mph over 5 mph over limit 11 - 15 $ 10 plus $1/each mph over 10 mph over limit 16 - 20 $ 15 plus $2/each mph over 15 mph over limit 21 - 25 $ 25 plus $3/each mph over 20 mph over limit 26 - 35 $ 40 plus $3/each mph over 25 mph over limit 36 - 45 $ 70 plus $3/each mph over 35 mph over limit 46 + $100 plus $5/each mph over 45 mph over limit 5.Page No.

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Miles per hour over lawful speed limit Fee Page1 No.- 10 $2/each mph over limit 11 + $20 plus $5/each mph over 10 mph over limit 6.5.

2 25.0980.01000 Sixty-ninth Legislative Assembly 1 - 10 $2/each mph over limit 11 + $20 plus $5/each mph over 10 mph over limit 6.5.

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The fee in this subsection does not apply to a highway construction zone unless Pageindividuals No.engaged in construction are present at the time and place of the violation and the posted speed limit sign states "Minimum Fee $80".

3 25.0980.01000 Sixty-ninth Legislative Assembly individuals engaged in construction are present at the time and place of the violation and the posted speed limit sign states "Minimum Fee $80".

SECTION 2.

AMENDMENT.

Section 40-05-06 of the North Dakota Century Code is amended and reenacted as follows:

40-05-06.

City fines and penalties limited.

1.

Except as provided in subsections 2 and 3, the fine or penalty for the violation of any ordinance, resolution, or regulation of a city may not exceed one thousand five hundred dollars, and the imprisonment may not exceed thirty days for one offense.

2.

For every violation of a city ordinance that regulates the operation or equipment of a motor vehicle or which regulates traffic, except those ordinances listed in section 39-06.1-05, a fee may be established, by ordinance, which may exceed, by up to one hundred percent, the limit, for an equivalent category of violation, set forth in section 39-06.1-06.

3.

For every violation of a city ordinance enforcing the requirements of title 40, Code of Federal Regulations, section 403 relating to publicly owned treatment works, or prohibiting shoplifting, vandalism, criminal mischief, or malicious mischief, the penalty may not exceed a fine of one thousand five hundred dollars, imprisonment for thirty days, or both such fine and imprisonment.

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This section does not prohibit the use of the sentencing alternatives, other than a fine or imprisonment, provided by section 12.1-32-02 for the violation of a city ordinance, nor does this section limit the use of deferred or suspended sentences under subsections 3 and 4 of section 12.1-32-02.

SECTION 3.

AMENDMENT.

Section 40-11-12 of the North Dakota Century Code is amended and reenacted as follows:

40-11-12.

Commitment of guilty person for nonpayment of fines or costs.

Any person upon whom any fine or costs, or both, has been imposed for violation of a municipal ordinance may, after hearing, be committed upon order of the court to jail or other place provided by the municipality for the incarceration of offenders until the fine or costs, or both, are fully paid or discharged by labor as provided in section 40-18-12.

The court may not commit a person under this section when the sole reason for the person's nonpayment of fines or costs, or both, is the person's indigency.

An order of commitment under this section shall not be for a period in excess of thirty days.

As used in this section, "fine" does not include a fee established pursuant to subsection 2 of section 40-05-06.

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