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2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 66
Introduced by Slama, 1.
Read first time January 05, 2023
Committee: Transportation and Telecommunications
1 A BILL FOR AN ACT relating to motor vehicles; to amend sections 23-187,
2 60-103, 60-123, 60-135.01, 60-153, 60-305, 60-339, 60-358.01,
3 60-3,100, 60-3,104, 60-3,143, 60-3,187, 60-3,190, 60-471, 60-4,114,
4 60-4,123, 60-4,123.01, 60-601, 60-605, 60-6,252, 60-6,266, 60-6,270,
5 60-6,279, 60-6,355, and 60-6,356, Reissue Revised Statutes of
6 Nebraska, and sections 60-3,135.01, 60-3,221, 60-462, 60-463,
7 60-4,124, and 60-501, Revised Statutes Cumulative Supplement, 2022;
8 to authorize county boards to regulate the operation of certain all-
9 terrain vehicles and utility-type vehicles; to redefine terms; to
10 change provisions of the Motor Vehicle Certificate of Title Act
11 relating to all-terrain vehicles and utility-type vehicles; to
12 provide for registration, fees, and taxes for certain all-terrain
13 vehicles and utility-type vehicles under the Motor Vehicle
14 Registration Act; to change provisions of the Motor Vehicle
15 Operator's License Act; to change certain safety provisions and to
16 authorize the operation of certain all-terrain vehicles and utility-
17 type vehicles on certain highways as prescribed under the Nebraska
18 Rules of the Road; to harmonize provisions; to provide an operative
19 date; and to repeal the original sections.
20 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 23-187, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 23-187 (1) In addition to the powers granted by section 23-104, a
4 county may, in the manner specified by sections 23-187 to 23-193,
5 regulate the following subjects by ordinance:
6 (a) Parking of motor vehicles on public roads, highways, and rights-
7 of-way as it pertains to snow removal for and access by emergency
8 vehicles to areas within the county;
9 (b) Motor vehicles as defined in section 60-339 that are abandoned
10 on public or private property;
11 (c) Low-speed vehicles as described and operated pursuant to section
12 60-6,380;
13 (d) Golf car vehicles as described and operated pursuant to section
14 60-6,381;
15 (e) Graffiti on public or private property;
16 (f) False alarms from electronic security systems that result in
17 requests for emergency response from law enforcement or other emergency
18 responders;
19 (g) Violation of the public peace and good order of the county by
20 disorderly conduct, lewd or lascivious behavior, or public nudity;
21 (h) Peddlers, hawkers, or solicitors operating for commercial
22 purposes. If a county adopts an ordinance under this subdivision, the
23 ordinance shall provide for registration of any such peddler, hawker, or
24 solicitor without any fee and allow the operation or conduct of any
25 registered peddler, hawker, or solicitor in all areas of the county where
26 the county has jurisdiction and where a city or village has not otherwise
27 regulated such operation or conduct; and
28 (i) Operation of vehicles on any highway or restrictions on the
29 weight of vehicles pursuant to section 60-681; and .
30 (j) Operation of all-terrain vehicles and utility-type vehicles
31 pursuant to section 60-6,356 on highways as defined in section 60-624
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1 outside the corporate limits of a city or village.
2 (2) For the enforcement of any ordinance authorized by this section,
3 a county may impose fines, forfeitures, or penalties and provide for the
4 recovery, collection, and enforcement of such fines, forfeitures, or
5 penalties. A county may also authorize such other measures for the
6 enforcement of ordinances as may be necessary and proper. A fine enacted
7 pursuant to this section shall not exceed five hundred dollars for each
8 offense.
9 Sec. 2. Section 60-103, Reissue Revised Statutes of Nebraska, is
10 amended to read:
11 60-103 All-terrain vehicle means any motorized off-highway device
12 manufactured for off-road use which (1) is fifty inches or less in width,
13 (2) has a dry weight of twelve hundred pounds or less, (3) travels on
14 three or more nonhighway tires, and (4) is designed for operator use only
15 with no passengers or is specifically designed by the original
16 manufacturer for the operator and one passenger.
17 Sec. 3. Section 60-123, Reissue Revised Statutes of Nebraska, is
18 amended to read:
19 60-123 Motor vehicle means any vehicle propelled by any power other
20 than muscular power. Motor vehicle does not include (1) mopeds, (2) farm
21 tractors, (3) self-propelled equipment designed and used exclusively to
22 carry and apply fertilizer, chemicals, or related products to
23 agricultural soil and crops, agricultural floater-spreader implements,
24 and other implements of husbandry designed for and used primarily for
25 tilling the soil and harvesting crops or feeding livestock, (4) power
26 unit hay grinders or a combination which includes a power unit and a hay
27 grinder when operated without cargo, (5) vehicles which run only on rails
28 or tracks, (6) off-road designed vehicles not authorized by law for use
29 on a highway, including, but not limited to, golf car vehicles, go-carts,
30 riding lawnmowers, garden tractors, all-terrain vehicles, utility-type
31 vehicles, snowmobiles registered or exempt from registration under
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1 sections 60-3,207 to 60-3,219, and minibikes, (7) road and general-
2 purpose construction and maintenance machinery not designed or used
3 primarily for the transportation of persons or property, including, but
4 not limited to, ditchdigging apparatus, asphalt spreaders, bucket
5 loaders, leveling graders, earthmoving carryalls, power shovels,
6 earthmoving equipment, and crawler tractors, (8) self-propelled chairs
7 used by persons who are disabled, (9) electric personal assistive
8 mobility devices, and (10) bicycles as defined in section 60-611.
9 Sec. 4. Section 60-135.01, Reissue Revised Statutes of Nebraska, is
10 amended to read:
11 60-135.01 (1) Utility-type vehicle means any motorized off-highway
12 device manufactured for off-road use which (a) is seventy-four inches in
13 width or less, (b) is not more than one hundred eighty inches, including
14 the bumper, in length, (c) has a dry weight of two thousand pounds or
15 less, and (d) travels on four or more nonhighway tires.
16 (2) Utility-type vehicle does not include all-terrain vehicles, golf
17 car vehicles, or low-speed vehicles.
18 Sec. 5. Section 60-153, Reissue Revised Statutes of Nebraska, is
19 amended to read:
20 60-153 (1) A certificate of title shall be printed upon safety
21 security paper to be selected by the department. The certificate of
22 title, manufacturer's statement of origin, and assignment of
23 manufacturer's certificate shall be upon forms prescribed by the
24 department and may include, but shall not be limited to, county of
25 issuance, date of issuance, certificate of title number, previous
26 certificate of title number, vehicle identification number, year, make,
27 model, and body type of the vehicle, name and residential and mailing
28 address of the owner, acquisition date, issuing county treasurer's
29 signature and official seal, and sufficient space for the notation and
30 release of liens, mortgages, or encumbrances, if any. A certificate of
31 title issued on or after September 1, 2007, shall include the words "void
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1 if altered". A certificate of title that is altered shall be deemed a
2 mutilated certificate of title. The certificate of title of an all-
3 terrain vehicle, or utility-type vehicle shall include the words
4 "manufactured for off-road use". The certificate of title of a , or
5 minibike shall include the words "not to be registered for road use".
6 (2) An assignment of certificate of title shall appear on each
7 certificate of title and shall include, but not be limited to, a
8 statement that the owner of the vehicle assigns all his or her right,
9 title, and interest in the vehicle, the name and address of the assignee,
10 the name and address of the lienholder or secured party, if any, and the
11 signature of the owner or the owner's parent, legal guardian, foster
12 parent, or agent in the case of an owner who is a handicapped or disabled
13 person as defined in section 60-331.02.
14 (3) A reassignment by a dealer shall appear on each certificate of
15 title and shall include, but not be limited to, a statement that the
16 dealer assigns all his or her right, title, and interest in the vehicle,
17 the name and address of the assignee, the name and address of the
18 lienholder or secured party, if any, and the signature of the dealer or
19 designated representative. Reassignments shall be printed on the reverse
20 side of each certificate of title as many times as convenient.
21 (4) The department may prescribe a secure power-of-attorney form and
22 may contract with one or more persons to develop, provide, sell, and
23 distribute secure power-of-attorney forms in the manner authorized or
24 required by the federal Truth in Mileage Act of 1986 and any other
25 federal law or regulation. Any secure power-of-attorney form authorized
26 pursuant to a contract shall conform to the terms of the contract and be
27 in strict compliance with the requirements of the department.
28 (5) A certificate of title for a former military vehicle shall
29 include the words "former military vehicle".
30 Sec. 6. Section 60-305, Reissue Revised Statutes of Nebraska, is
31 amended to read:
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1 60-305 All-terrain vehicle means any motor motorized off-highway
2 vehicle manufactured for off-road use which (1) is fifty inches or less
3 in width, (2) has a dry weight of twelve hundred pounds or less, (3)
4 travels on three or more nonhighway tires, and (4) is designed for
5 operator use only with no passengers or is specifically designed by the
6 original manufacturer for the operator and one passenger. All-terrain
7 vehicles which have been modified or retrofitted with after-market parts
8 to include additional equipment not required by sections 60-6,357 and
9 60-6,358 shall not be registered under the Motor Vehicle Registration
10 Act, nor shall such modified or retrofitted vehicles be eligible for
11 registration in any other category of vehicle defined in the act.
12 Sec. 7. Section 60-339, Reissue Revised Statutes of Nebraska, is
13 amended to read:
14 60-339 Motor vehicle means any vehicle propelled by any power other
15 than muscular power. Motor vehicle does not include (1) mopeds, (2) farm
16 tractors, (3) self-propelled equipment designed and used exclusively to
17 carry and apply fertilizer, chemicals, or related products to
18 agricultural soil and crops, agricultural floater-spreader implements,
19 and other implements of husbandry designed for and used primarily for
20 tilling the soil and harvesting crops or feeding livestock, (4) power
21 unit hay grinders or a combination which includes a power unit and a hay
22 grinder when operated without cargo, (5) vehicles which run only on rails
23 or tracks, (6) off-road designed vehicles not authorized by law for use
24 on a highway, including, but not limited to, golf car vehicles, go-carts,
25 riding lawnmowers, garden tractors, all-terrain vehicles, utility-type
26 vehicles, snowmobiles registered or exempt from registration under
27 sections 60-3,207 to 60-3,219, and minibikes, (7) road and general-
28 purpose construction and maintenance machinery not designed or used
29 primarily for the transportation of persons or property, including, but
30 not limited to, ditchdigging apparatus, asphalt spreaders, bucket
31 loaders, leveling graders, earthmoving carryalls, power shovels,
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1 earthmoving equipment, and crawler tractors, (8) self-propelled chairs
2 used by persons who are disabled, (9) electric personal assistive
3 mobility devices, and (10) bicycles as defined in section 60-611.
4 Sec. 8. Section 60-358.01, Reissue Revised Statutes of Nebraska, is
5 amended to read:
6 60-358.01 (1) Utility-type vehicle means any motor motorized off-
7 highway vehicle manufactured for off-road use which (a) is seventy-four
8 inches in width or less, (b) is not more than one hundred eighty inches,
9 including the bumper, in length, (c) has a dry weight of two thousand
10 pounds or less, and (d) travels on four or more nonhighway tires.
11 Utility-type vehicles which have been modified or retrofitted with after-
12 market parts to include additional equipment not required by sections
13 60-6,357 and 60-6,358 shall not be registered under the Motor Vehicle
14 Registration Act, nor shall such modified or retrofitted vehicles be
15 eligible for registration in any other category of vehicle defined in the
16 act.
17 (2) Utility-type vehicle does not include all-terrain vehicles, golf
18 car vehicles, or low-speed vehicles.
19 Sec. 9. Section 60-3,100, Reissue Revised Statutes of Nebraska, is
20 amended to read:
21 60-3,100 (1) The department shall issue to every person whose motor
22 vehicle or trailer is registered one or two fully reflectorized license
23 plates upon which shall be displayed (a) the registration number
24 consisting of letters and numerals assigned to such motor vehicle or
25 trailer in figures not less than two and one-half inches nor more than
26 three inches in height and (b) also the word Nebraska suitably lettered
27 so as to be attractive. The license plates shall be of a color designated
28 by the director. The color of the plates shall be changed each time the
29 license plates are changed. Each time the license plates are changed, the
30 director shall secure competitive bids for materials pursuant to sections
31 81-145 to 81-162. Autocycle, motorcycle, minitruck, low-speed vehicle,
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1 all-terrain vehicle and utility-type vehicle, and trailer license plate
2 letters and numerals may be one-half the size of those required in this
3 section.
4 (2)(a) Except as otherwise provided in this subsection, two license
5 plates shall be issued for every motor vehicle.
6 (b) One license plate shall be issued for (i) all-terrain vehicles
7 and utility-type vehicles, (ii) apportionable vehicles, (iii) (ii) buses,
8 (iv) (iii) dealers, (v) (iv) minitrucks, (vi) (v) motorcycles, other than
9 autocycles, (vii) (vi) special interest motor vehicles that use the
10 special interest motor vehicle license plate authorized by and issued
11 under section 60-3,135.01, (viii) (vii) trailers, and (ix) (viii) truck-
12 tractors.
13 (c)(i) One license plate shall be issued, upon request and
14