Bill Summary – FastDemocracy

LB831                                                                       LB831
                                                                       2020
                              LEGISLATURE OF NEBRASKA
                           ONE HUNDRED SIXTH LEGISLATURE
                                  SECOND SESSION
                       LEGISLATIVE BILL 831
        Introduced by Bostelman, 23; Brewer, 43.
        Read first time January 08, 2020
        Committee: Transportation and Telecommunications
   A BILL FOR AN ACT relating to the Motor Vehicle Certificate of Title Act;
       to amend section 60-142.01, Reissue Revised Statutes of Nebraska,
       and section 60-144, Revised Statutes Supplement, 2019; to change
        provisions relating to a certificate of title for a junked vehicle;
        to harmonize provisions; and to repeal the original sections.
    Be it enacted by the people of the State of Nebraska,
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LB831                                                                             LB831
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        Section 1. Section 60-142.01, Reissue Revised Statutes of Nebraska,
    is amended to read:
       60-142.01    (1) If the owner does not have a certificate of title for
   a vehicle which was manufactured prior to 1940 and which has not had any
   major component part replaced, the department shall search its records
    for evidence of issuance of a Nebraska certificate of title for such
    vehicle at the request of the owner. If no certificate of title has been
    issued for such vehicle in the thirty-year period prior to application,
   the owner may transfer title to the vehicle by giving the transferee a
   notarized bill of sale, an affidavit in support of the application for
   title, a statement that an inspection has been conducted on the vehicle,
   and a statement from the department that no certificate of title has been
   issued for such vehicle in the thirty-year period prior to application.
   The transferee may apply for a certificate of title pursuant to section
   60-149 by presenting the documentation described in this section in lieu
   of a certificate of title.
       (2) If the owner has a certificate of title for a vehicle which was
    previously classified as junked, which was manufactured prior to 1940,
   and which has not had any major component part replaced, the director, in
   his or her discretion, may issue a salvage title if it is shown to his or
   her satisfaction that the vehicle has been inspected and the vehicle has
   been restored to its original specifications.
       Sec.   2.   Section   60-144,   Revised Statutes Supplement,   2019,   is
   amended to read:
       60-144 (1)(a)(i) Except as provided in subdivisions (b), (c), and
   (d) of this subsection, the county treasurer shall be responsible for
   issuing and filing certificates of title for vehicles, and each county
    shall issue and file such certificates of title using the Vehicle Title
    and Registration System which shall be provided and maintained by the
   department. Application for a certificate of title shall be made upon a
   form prescribed by the department. All applications shall be accompanied
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LB831                                                                                    LB831
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   by the appropriate fee or fees.
         (ii) This subdivision applies beginning on an implementation date
   designated by    the director.     The director shall designate an
    implementation date which is on or before January 1, 2021. In addition to
    the information required under subdivision (1)(a)(i) of this section, the
   application for a certificate of title shall contain (A)(I) the full
   legal name as defined in section 60-468.01 of each owner or (II) the name
    of each owner as    such name appears on   the owner's motor vehicle
   operator's license or state identification card and (B)(I) the motor
   vehicle operator's license number or state identification card number of
   each owner, if applicable, and one or more of the identification elements
   as listed in section 60-484 of each owner, if applicable, and (II) if any
    owner is a business entity, a nonprofit organization, an estate, a trust,
    or a church-controlled organization, its tax identification number.
         (b) The department shall issue and file certificates of title for
    Nebraska-based fleet vehicles. Application for a certificate of title
    shall be made upon a form prescribed by the department. All applications
    shall be accompanied by the appropriate fee or fees.
        (c) The department shall issue and file certificates of title for
    state-owned vehicles. Application for a certificate of title shall be
    made upon a form prescribed by the department. All applications shall be
    accompanied by the appropriate fee or fees.
        (d) The department shall issue certificates of title pursuant to
    subsection (2) of section 60-142.01 and section 60-142.06. Application
    for a certificate of title shall be made upon a form prescribed by the
    department. All applications shall be accompanied by the appropriate fee
    or fees.
        (e) The department shall issue certificates of title pursuant to
    section 60-142.09. Application for a certificate of title shall be made
   upon a form prescribed by the department. All applications shall be
   accompanied by the appropriate fee or fees.
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LB831                                                                                          LB831
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        (2) If the owner of an all-terrain vehicle, a utility-type vehicle,
    or a minibike resides in Nebraska, the application shall be filed with
    the county treasurer of the county in which the owner resides.
       (3)(a) If a vehicle has situs in Nebraska, the application for a
    certificate of title may be filed with the county treasurer of any
    county.
        (b) If a motor vehicle dealer licensed under the Motor Vehicle
    Industry Regulation Act applies for a certificate of title for a vehicle,
    the application may be filed with the county treasurer of any county.
        (c)     An approved licensed dealer participating in   the electronic
    dealer services system pursuant to    section   60-1507    may apply for   a
    certificate of title for a vehicle to the county treasurer of any county
    or the department in a manner provided by the electronic dealer services
    system.
        (4) If the owner of a vehicle is a nonresident, the application
    shall be filed in the county in which the transaction is consummated.
        (5) The application shall be filed within thirty days after the
    delivery of the vehicle.
        (6)     All applicants registering      a vehicle pursuant to   section
    60-3,198 shall file the application for a certificate of title with the
    Division of Motor Carrier Services of the department. The division shall
    deliver the certificate to the applicant if there are no liens on the
   vehicle. If there are one or more liens on the vehicle, the certificate
    of title shall be handled as provided in section 60-164. All certificates
    of title issued by the division shall be issued in the manner prescribed
    for the county treasurer in section 60-152.
        Sec. 3.         Original section 60-142.01, Reissue Revised Statutes of
    Nebraska, and section 60-144, Revised Statutes Supplement, 2019, are
    repealed.
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Statutes affected: 
Introduced: 60-142.01, 60-144