LB136 LB136
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 136
Introduced by Geist, 25.
Read first time January 06, 2023
Committee: Transportation and Telecommunications
1 A BILL FOR AN ACT relating to motor vehicles; to amend sections 60-172,
2 60-3,205, and 60-4,146.01, Reissue Revised Statutes of Nebraska, and
3 sections 60-144, 60-146, and 60-149, Revised Statutes Cumulative
4 Supplement, 2022; to change provisions relating to the Motor Vehicle
5 Certificate of Title Act, the Motor Vehicle Registration Act, and
6 the Motor Vehicle Operator's License Act as prescribed; and to
7 repeal the original sections.
8 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 60-144, Revised Statutes Cumulative Supplement,
2 2022, is amended to read:
3 60-144 (1)(a)(i) Except as provided in subdivisions (b), (c), and
4 (d) of this subsection, the county treasurer shall be responsible for
5 issuing and filing certificates of title for vehicles, and each county
6 shall issue and file such certificates of title using the Vehicle Title
7 and Registration System which shall be provided and maintained by the
8 department. Application for a certificate of title shall be made upon a
9 form prescribed by the department. All applications shall be accompanied
10 by the appropriate fee or fees.
11 (ii) In addition to the information required under subdivision (1)
12 (a)(i) of this section, the application for a certificate of title shall
13 contain (A)(I) the full legal name as defined in section 60-468.01 of
14 each owner or (II) the name of each owner as such name appears on the
15 owner's motor vehicle operator's license or state identification card and
16 (B)(I) the motor vehicle operator's license number or state
17 identification card number of each owner, if applicable, and one or more
18 of the identification elements as listed in section 60-484 of each owner,
19 if applicable, and (II) if any owner is a business entity, a nonprofit
20 organization, an estate, a trust, or a church-controlled organization,
21 its tax identification number.
22 (b) The department shall issue and file certificates of title for
23 Nebraska-based fleet vehicles. Application for a certificate of title
24 shall be made upon a form prescribed by the department. All applications
25 shall be accompanied by the appropriate fee or fees.
26 (c) The department shall issue and file certificates of title for
27 state-owned vehicles. Application for a certificate of title shall be
28 made upon a form prescribed by the department. All applications shall be
29 accompanied by the appropriate fee or fees.
30 (d) The department shall issue certificates of title pursuant to
31 subsection (2) of section 60-142.01 and section 60-142.06. Application
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1 for a certificate of title shall be made upon a form prescribed by the
2 department. All applications shall be accompanied by the appropriate fee
3 or fees.
4 (e) The department shall issue certificates of title pursuant to
5 section 60-142.09. Application for a certificate of title shall be made
6 upon a form prescribed by the department. All applications shall be
7 accompanied by the appropriate fee or fees.
8 (2) If the owner of an all-terrain vehicle, a utility-type vehicle,
9 or a minibike resides in Nebraska, the application may shall be filed
10 with the county treasurer of any the county in which the owner resides.
11 (3)(a) If a vehicle has situs in Nebraska, the application for a
12 certificate of title may be filed with the county treasurer of any
13 county.
14 (b) If a motor vehicle dealer licensed under the Motor Vehicle
15 Industry Regulation Act applies for a certificate of title for a vehicle,
16 the application may be filed with the county treasurer of any county.
17 (c) An approved licensed dealer participating in the electronic
18 dealer services system pursuant to section 60-1507 may apply for a
19 certificate of title for a vehicle to the county treasurer of any county
20 or the department in a manner provided by the electronic dealer services
21 system.
22 (4) If the owner of a vehicle is a nonresident, the application
23 shall be filed in the county in which the transaction is consummated.
24 (5) The application shall be filed within thirty days after the
25 delivery of the vehicle.
26 (6) All applicants registering a vehicle pursuant to section
27 60-3,198 shall file the application for a certificate of title with the
28 Division of Motor Carrier Services of the department. The division shall
29 deliver the certificate to the applicant if there are no liens on the
30 vehicle. If there are one or more liens on the vehicle, the certificate
31 of title shall be handled as provided in section 60-164. All certificates
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1 of title issued by the division shall be issued in the manner prescribed
2 for the county treasurer in section 60-152.
3 Sec. 2. Section 60-146, Revised Statutes Cumulative Supplement,
4 2022, is amended to read:
5 60-146 (1) An application for a certificate of title for a vehicle
6 shall include a statement that an identification inspection has been
7 conducted on the vehicle unless (a) the title sought is a salvage branded
8 certificate of title or a nontransferable certificate of title, (b) the
9 surrendered ownership document is a Nebraska certificate of title, a
10 manufacturer's statement of origin, an importer's statement of origin, a
11 United States Government Certificate to Obtain Title to a Vehicle of
12 Release of a vehicle, or a nontransferable certificate of title, (c) the
13 application contains a statement that the vehicle is to be registered
14 under section 60-3,198, (d) the vehicle is a cabin trailer, (e) the title
15 sought is the first title for the vehicle sold directly by the
16 manufacturer of the vehicle to a dealer franchised by the manufacturer,
17 or (f) the vehicle was sold at an auction authorized by the manufacturer
18 and purchased by a dealer franchised by the manufacturer of the vehicle.
19 (2) The department shall prescribe a form to be executed by a dealer
20 and submitted with an application for a certificate of title for vehicles
21 exempt from inspection pursuant to subdivision (1)(e) or (f) of this
22 section. The form shall clearly identify the vehicle and state under
23 penalty of law that the vehicle is exempt from inspection.
24 (3) The statement that an identification inspection has been
25 conducted shall be furnished by the county sheriff of any county or by
26 any other holder of a certificate of training issued pursuant to section
27 60-183, shall be in a format as determined by the department, and shall
28 expire ninety days after the date of the inspection. The county treasurer
29 shall accept a certificate of inspection, approved by the superintendent,
30 from an officer of a state police agency of another state unless an
31 inspection is required under section 60-174.
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1 (4)(a) Except as provided in subdivision (b) of this subsection, the
2 identification inspection shall include examination and notation of the
3 then current odometer reading, if any, and a comparison of the vehicle
4 identification number with the number listed on the ownership records,
5 except that if a lien is registered against a vehicle and recorded on the
6 vehicle's ownership records, the county treasurer shall provide a copy of
7 the ownership records for use in making such comparison. If such numbers
8 are not identical, if there is reason to believe further inspection is
9 necessary, or if the inspection is for a Nebraska assigned number, the
10 person performing the inspection shall make a further inspection of the
11 vehicle which may include, but shall not be limited to, examination of
12 other identifying numbers placed on the vehicle by the manufacturer and
13 an inquiry into the numbering system used by the state issuing such
14 ownership records to determine ownership of a vehicle. The identification
15 inspection shall also include a statement that the vehicle identification
16 number has been checked for entry in (i) the National Crime Information
17 Center and (ii) the Nebraska Crime Information Service or the National
18 Motor Vehicle Title Information System. In the case of an assembled
19 vehicle, a vehicle designated as reconstructed, or a vehicle designated
20 as replica, the identification inspection shall include, but not be
21 limited to, an examination of the records showing the date of receipt and
22 source of each major component part. No identification inspection shall
23 be conducted unless all major component parts are properly attached to
24 the vehicle in the correct location.
25 (b) Each county sheriff shall establish a process by which to enter
26 into an agreement with any motor vehicle dealer as defined in section
27 60-1401.26 with an established place of business as defined in section
28 60-1401.15 in the county in which the sheriff has jurisdiction in order
29 to collect information for the identification inspection on motor
30 vehicles which are in the inventory of the motor vehicle dealer at the
31 dealer's established place of business in such county. The agreement
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1 entered into shall require that the motor vehicle dealer provide the
2 required fee, a copy of the documents evidencing transfer of ownership,
3 and the make, model, vehicle identification number, and odometer reading
4 in a form and manner prescribed by the county sheriff, which shall
5 include a requirement to provide one or more photographs or digital
6 images of the vehicle, the vehicle identification number, and the
7 odometer reading. The county sheriff shall complete the identification
8 inspection as required under subdivision (a) of this subsection using
9 such information and return to the motor vehicle dealer the statement
10 that an identification inspection has been conducted for each motor
11 vehicle as provided in subsection (3) of this section. If the information
12 is incomplete or if there is reason to believe that further inspection is
13 necessary, the county sheriff shall inform the motor vehicle dealer. If
14 the motor vehicle dealer knowingly provides inaccurate or false
15 information, the motor vehicle dealer shall be liable for any damages
16 that result from the provision of such information. The motor vehicle
17 dealer shall keep the records for five years after the date the
18 identification inspection is complete.
19 (5) If there is cause to believe that odometer fraud exists, written
20 notification shall be given to the office of the Attorney General. If
21 after such inspection the sheriff or his or her designee determines that
22 the vehicle is not the vehicle described by the ownership records, no
23 statement shall be issued.
24 (6) The county treasurer or the department may also request an
25 identification inspection of a vehicle to determine if it meets the
26 definition of motor vehicle as defined in section 60-123.
27 Sec. 3. Section 60-149, Revised Statutes Cumulative Supplement,
28 2022, is amended to read:
29 60-149 (1)(a) If a certificate of title has previously been issued
30 for a vehicle in this state, the application for a new certificate of
31 title shall be accompanied by the certificate of title duly assigned
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1 except as otherwise provided in the Motor Vehicle Certificate of Title
2 Act.
3 (b) Except for manufactured homes or mobile homes as provided in
4 subsection (2) of this section, if a certificate of title has not
5 previously been issued for the vehicle in this state or if a certificate
6 of title is unavailable, the application shall be accompanied by:
7 (i) A manufacturer's or importer's certificate except as otherwise
8 provided in subdivision (viii) of this subdivision;
9 (ii) A duly certified copy of the manufacturer's or importer's
10 certificate;
11 (iii) An affidavit by the owner affirming ownership in the case of
12 an all-terrain vehicle, a utility-type vehicle, or a minibike;
13 (iv) A certificate of title from another state;
14 (v) A court order issued by a court of record, a manufacturer's
15 certificate of origin, or an assigned registration certificate, if the
16 law of the state from which the vehicle was brought into this state does
17 not have a certificate of title law;
18 (vi) Evidence of ownership as provided for in section 30-24,125,
19 sections 52-601.01 to 52-605, sections 60-1901 to 60-1911, or sections
20 60-2401 to 60-2411;
21 (vii) Documentation prescribed in section 60-142.01, 60-142.02,
22 60-142.04, 60-142.05, 60-142.09, or 60-142.11 or documentation of
23 compliance with section 76-1607;
24 (viii) A manufacturer's or importer's certificate and an affidavit
25 by the owner affirming ownership in the case of a minitruck; or
26 (ix) In the case of a motor vehicle, a trailer, an all-terrain
27 vehicle, a utility-type vehicle, or a minibike, an affidavit by the
28 holder of a motor vehicle auction dealer's license as described in
29 subdivision (11) of section 60-1406 affirming that the certificate of
30 title is unavailable and that the vehicle (A) is a salvage vehicle
31 through payment of a total loss settlement, (B) is a salvage vehicle
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1 purchased by the auction dealer, or (C) has been donated to an
2 organization operating under section 501(c)(3) of the Internal Revenue
3 Code as defined in section 49-801.01; or .
4 (x) A United States Government Certificate to Obtain Title to a
5 Vehicle.
6 (c) If the application for a certificate of title in this state is
7 accompanied by a valid certificate of title issued by another state which
8 meets that state's requirements for transfer of ownership, then the
9 application may be accepted by this state.
10 (d) If a certificate of title has not previously been issued for the
11 vehicle in this state and the applicant is unable to provide such
12 documentation, the applicant may apply for a bonded certificate of title
13 as prescribed in section 60-167.
14 (2)(a) If the application for a certificate of title for a
15 manufactured home or a mobile home is being made in accordance with
16 subdivision (4)(b) of section 60-137 or if the certificate of title for a
17 manufactured home or a mobile home is unavailable, the application shall
18 be accompanied by proof of ownership in the form of:
19 (i) A duly assigned manufacturer's or importer's certificate;
20 (ii) A certificate of title from another state;
21 (iii) A court order issued by a court of record;
22 (iv) Evidence of ownership as provided for in section 30-24,125,
23 sections 52-601.01 to 52-605, sections 60-1901 to 60-1911, or sections
24 60-2401 to 60-2411, or documentation of compliance with section 76-1607;
25 or
26 (v) Assessment records for the manufa