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Driver liability bill meets opposition

Hogue

A House Bill limiting the liability of motorists who strike pedestrians received considerable opposition among the support at a legislative hearing Friday.

The bill was introduced by Rep. Keith Kempenich, R-Bowman, in response to concerns about roadblocks by protesters against the Dakota Access Pipeline.

Sen. David Hogue, R-Minot, declared the bill a classic over-reaction to a current event.

“A four or five thousand pound vehicle should always have a duty to yield to human beings,” he said.

HB 1203 adds language to the law that states that a driver of a motor vehicle who negligently causes injury or death to an individual obstructing vehicular traffic on a public road may not be held liable for damages. If the driver unintentionally causes injury or death to an individual obstructing vehicular traffic, the driver also would not be guilty of an offense.

“It’s a knee-jerk reaction to the protesters,” Sen. Oley Larsen, R-Minot, said. Instead, Larsen said he prefers communities stop providing propane, lodging, food pantry access and other goods and services that enable protesters to remain in the state.

“North Dakota citizens need to come together to resist their illegal behavior and not just let the government be straddled with this issue,” Larsen said.

On the House side, Rep. Andrew Maragos, R-Minot, said he cannot support HB 1203.

“Liability is ascertained on a case by case basis and that should not be changed,” he said.

Rep. Larry Bellew, R-Minot, said the bill results from actions DAPL protesters have taken against residents on roads to and from their homes.

“Many of the drivers and passengers feared for their lives. What this bill will do, is protect them if they try to get away and run over someone trying to stop their car or damage it. I think I can support this, because if I had my family with me and people tried to stop my car, I would do what I could to protect my family,” Bellew said.

Rep. Dan Ruby, R-Minot, who serves on the committee that heard the bill Friday, said he would make up his mind on the bill after considering the testimony.

“I know there is substantial attention statewide and nationwide. I also know residents in this area and south of Bismarck and Mandan have strong feelings about being intimidated by protesters,” he said.

Hogue Ruby

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