Bill Summary – FastDemocracy

LB37                                                                            LB37
                                                                          2023
                             LEGISLATURE OF NEBRASKA
                         ONE HUNDRED EIGHTH LEGISLATURE
                                   FIRST SESSION
                        LEGISLATIVE BILL 37
       Introduced by Dungan, 26.
       Read first time January 05, 2023
       Committee: Transportation and Telecommunications
   A BILL FOR AN ACT relating to the Motor Vehicle Certificate of Title Act;
       to amend section 60-146, Revised Statutes Cumulative Supplement,
       2022;   to change identification inspection requirements as
       prescribed; and to repeal the original section.
   Be it enacted by the people of the State of Nebraska,
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LB37                                                                                      LB37
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       Section 1. Section 60-146, Revised Statutes Cumulative Supplement,
   2022, is amended to read:
      60-146 (1) An application for a certificate of title for a vehicle
   shall include a statement that an identification inspection has been
  conducted on the vehicle unless (a) the title sought is a salvage branded
   certificate of title or a nontransferable certificate of title, (b) the
   surrendered ownership document is a Nebraska certificate of title, a
   manufacturer's statement of origin, an importer's statement of origin, a
  United States Government Certificate of   Release of   a vehicle,   or   a
   nontransferable certificate of title, (c) the application contains a
   statement that the vehicle is to be registered under section 60-3,198,
  (d) the vehicle is a cabin trailer, (e) the title sought is the first
  title for the vehicle sold directly by the manufacturer of the vehicle to
  a dealer franchised by the manufacturer, or (f) the vehicle was sold at
   an auction authorized by the manufacturer and purchased by a dealer
   franchised by the manufacturer of the vehicle.
       (2) The department shall prescribe a form to be executed by a dealer
   and submitted with an application for a certificate of title for vehicles
  exempt from inspection pursuant to subdivision (1)(e) or (f) of this
   section. The form shall clearly identify the vehicle and state under
   penalty of law that the vehicle is exempt from inspection.
       (3)    The statement that an     identification inspection has been
   conducted shall be furnished by the county sheriff of any county or by
   any other holder of a certificate of training issued pursuant to section
   60-183, shall be in a format as determined by the department, and shall
   expire ninety days after the date of the inspection. The county treasurer
   shall accept a certificate of inspection, approved by the superintendent,
   from an officer of a law enforcement state police agency certified in of
   another state unless an inspection is required under section 60-174.
       (4)(a) Except as provided in subdivision (b) of this subsection, the
   identification inspection shall include examination and notation of the
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LB37                                                                                          LB37
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  then current odometer reading, if any, and a comparison of the vehicle
  identification number with the number listed on the ownership records,
  except that if a lien is registered against a vehicle and recorded on the
  vehicle's ownership records, the county treasurer shall provide a copy of
  the ownership records for use in making such comparison. If such numbers
  are not identical, if there is reason to believe further inspection is
  necessary, or if the inspection is for a Nebraska assigned number, the
   person performing the inspection shall make a further inspection of the
   vehicle which may include, but shall not be limited to, examination of
   other identifying numbers placed on the vehicle by the manufacturer and
  an inquiry into the numbering system used by the state issuing such
  ownership records to determine ownership of a vehicle. The identification
   inspection shall also include a statement that the vehicle identification
   number has been checked for entry in the National Crime Information
   Center and the Nebraska Crime Information Service. In the case of an
   assembled vehicle, a vehicle designated as reconstructed, or a vehicle
   designated as replica, the identification inspection shall include, but
   not be limited to, an examination of the records showing the date of
   receipt and source of   each major component part.   No identification
   inspection shall be   conducted unless all major component parts are
   properly attached to the vehicle in the correct location.
        (b) Each county sheriff shall establish a process by which to enter
  into an agreement with any motor vehicle dealer as defined in section
   60-1401.26 with an established place of business as defined in section
   60-1401.15 in the county in which the sheriff has jurisdiction in order
  to collect information for the identification inspection on   motor
  vehicles which are in the inventory of the motor vehicle dealer at the
   dealer's established place of business in such county. The agreement
   entered into shall require that the motor vehicle dealer provide the
  required fee, a copy of the documents evidencing transfer of ownership,
  and the make, model, vehicle identification number, and odometer reading
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LB37                                                                                                    LB37
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   in a form and manner prescribed by the county sheriff, which shall
   include a requirement to provide one or more photographs or digital
   images of    the vehicle,     the vehicle identification number,     and the
   odometer reading. The county sheriff shall complete the identification
   inspection as required under subdivision (a) of this subsection using
  such information and return to the motor vehicle dealer the statement
   that an     identification inspection has been conducted for each motor
   vehicle as provided in subsection (3) of this section. If the information
   is incomplete or if there is reason to believe that further inspection is
   necessary, the county sheriff shall inform the motor vehicle dealer. If
   the motor vehicle dealer knowingly provides inaccurate or    false
   information, the motor vehicle dealer shall be liable for any damages
   that result from the provision of such information. The motor vehicle
   dealer shall keep the records for five years after the date the
   identification inspection is complete.
         (5) If there is cause to believe that odometer fraud exists, written
   notification shall be given to the office of the Attorney General. If
   after such inspection the sheriff or his or her designee determines that
   the vehicle is not the vehicle described by the ownership records, no
   statement shall be issued.
          (6) The county treasurer or the department may also request an
   identification inspection of a vehicle to determine if it meets the
   definition of motor vehicle as defined in section 60-123.
         Sec.      2.      Original section     60-146,      Revised Statutes Cumulative
  Supplement, 2022, is repealed.
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Statutes affected: 
Introduced: 60-146