Senate committee advances civil citation for vehicle owners after fleeing drivers, strips points provision

The Senate Transportation Committee on a voice roll advanced House Bill 1229 as amended, a measure that would allow law enforcement to issue a civil traffic citation to the registered owner of a vehicle when an officer identifies a vehicle whose driver fled a stop.

Sponsor Representative Austin Shower (District 13, West Fargo) told the committee the bill “is to give authorities a law enforcement tool to reduce the crime of fleeing drivers.” Shower said the proposal is modeled on existing law that presumes an owner’s responsibility when a motorist passes a stopped school bus, and would let police follow up after they obtain a license plate or give a visual or audible signal to stop.

Chief Dave Zabalski of the Fargo Police Department said the measure is a response to rising fleeing incidents. Zabalski provided committee figures showing fleeing incidents in Fargo rose from 101 in 2019 to 290 in 2024 and said most fleeing vehicles were not stolen. “House Bill 1229 will provide law enforcement with an important tool to appropriately follow-up, investigate, identify and arrest those persons who choose to flee from traffic stops,” he said.

Supporters, including the Chiefs of Police Association’s Stephanie Ingebretsen and former patrol officers who testified, described the proposal as a civil, noncriminal tool with built-in exceptions: owners are exempt if the vehicle was reported stolen, if the owner provides information proving they were not driving, if police charge the actual driver, or if the owner cooperates with investigators. Shower explained the bill would allow a citation to be issued within four days of the incident to give police time to investigate.

Opponents raised practical and fairness concerns. Jonathan Byers of the North Dakota State’s Attorneys Association said he initially reviewed the bill for constitutional concerns but withdrew that objection after noting the draft establishes a civil fine rather than a criminal penalty. Assistant Cass County prosecutor Robert Valley testified in opposition and urged the committee to prioritize other investigative tools. “I don’t believe the bill as it is today ultimately provides the right mechanisms to ensure that those who are responsible for these kind of heinous acts are ultimately held accountable,” Valley said, urging use of traffic cameras and other identification methods for prosecutable criminal cases.

Committee discussion centered on two issues: the bill’s Section 2 (a points-related provision) and whether to add an emergency clause. Senators debated removing Section 2 after insurers and other stakeholders opposed its inclusion; several senators said leaving points language in the bill risked derailing passage or creating unintended insurance effects. The committee voted to amend the bill by removing Section 2 and adding an emergency clause. After that amendment passed, the committee voted to give HB 1229 a “do pass” recommendation as amended.

What the bill would do: Representative Shower described the measure as creating a civil traffic citation that can be issued to a registered vehicle owner after police identify a fleeing vehicle by plate or visual/audible signal. Shower said the bill’s original language provided a $100 ticket for a first offense and $500 for subsequent violations; during testimony committee members and witnesses noted later drafts list the penalty levels differently (the version presented to committee staff listed $500 as the enumerated fine). The bill explicitly states the citation is not a criminal offense, will not add points to the driving record, and contains exemptions for stolen vehicles, non-owner drivers, or owners who provide proof they were not driving.

Committee action: The committee removed the points-reporting subsection (Section 2) and added an emergency clause; it then recommended HB 1229 “do pass” as amended. The amendment and the final recommendation were approved by recorded roll calls in committee.

Why it matters: Law enforcement witnesses said heading off high-speed pursuits for traffic violations is a public-safety priority and that officers increasingly disengage from pursuits in populated areas. Supporters framed the bill as a deterrent and an investigative step that stops short of criminalizing owners; critics warned it could punish owners who were unaware their vehicle was used, and some prosecutors said alternative tools (cameras, identification technology, or pursuit policy adjustments) would better target drivers who actually flee.

The bill will proceed to the next legislative steps with the Senate Transportation Committee’s recommendation and the deletion of the disputed points provision. Further changes are possible in conference with the House.