Bill Summary – FastDemocracy

LB266                                                                              LB266
                                                                              2023
                              LEGISLATURE OF NEBRASKA
                           ONE HUNDRED EIGHTH LEGISLATURE
                                     FIRST SESSION
                       LEGISLATIVE BILL 266
        Introduced by Brewer, 43; Blood, 3; Holdcroft, 36.
        Read first time January 10, 2023
        Committee: Transportation and Telecommunications
    A BILL FOR AN ACT relating to Military Honor Plates; to amend section
        60-3,122.04,   Reissue Revised Statutes of   Nebraska;   to change
       eligibility for Military Honor Plates as prescribed; and to repeal
       the original section.
   Be it enacted by the people of the State of Nebraska,
                                           -1-
LB266                                                                                                         LB266
                                                                                                         2023
         Section        1.    Section          60-3,122.04,       Reissue Revised Statutes of
   Nebraska, is amended to read:
          60-3,122.04 (1) An eligible person may apply to the department for
    Military Honor Plates in lieu of regular license plates on an application
    prescribed and provided by the department for any motor vehicle, trailer,
    or semitrailer, except for a motor vehicle or trailer registered under
    section 60-3,198. An applicant receiving a Military Honor Plate for a
    farm truck with a gross weight of over sixteen tons shall affix the
    appropriate tonnage decal to the plate. The department shall make forms
    available for such applications through the county treasurers.        The
    license plates shall be issued upon payment of the license fee described
    in subsection (2) of this section and verification by the department of
    an applicant's eligibility using the registry established by    the
    Department of    Veterans'         Affairs pursuant to    section      80-414.    To be
    eligible an applicant shall be (a) active duty or reserve duty armed
    forces personnel serving in any of the armed forces listed in subsection
    (2) of section 60-3,122.03, (b) a veteran of any of such armed forces who
    was discharged or    otherwise separated with   a characterization of
    honorable or      general         (under honorable conditions),       (c)    a current or
    former commissioned officer of the United States Public Health Service or
    National Oceanic and Atmospheric Administration who has been detailed
    directly to any branch of such armed forces for service on active or
    reserve duty and who was discharged or   otherwise separated with    a
    characterization of honorable or general (under honorable conditions) as
    proven with valid orders from the United States Department of Defense, a
    statement of service provided by the United States Public Health Service,
    or a report of transfer or discharge provided by the National Oceanic and
    Atmospheric Administration, or (d) a person who is serving or has served
    in the armed forces of the United States and who has been awarded the
    Afghanistan Campaign Medal, Iraq Campaign Medal, Global War on Terrorism
   Expeditionary Medal, Southwest Asia Service Medal, or Vietnam Service
                                                         -2-
LB266                                                                                        LB266
                                                                                        2023
   Medal, or (e) the surviving spouse of any person described in subdivision
   (a), (b), (c), or (d) of this subsection who is deceased if such deceased
    person had applied and was approved for Military Honor Plates at the time
   of such person's death. Any person using Military Honor Plates shall
   surrender the plates to the county treasurer if such person is no longer
    eligible for the plates. Regular plates shall be issued to any such
   person upon surrender of the Military Honor Plates for a three-dollar
   transfer fee and forfeiture of any of the remaining annual fee. The
   three-dollar transfer fee shall be remitted to the State Treasurer for
   credit to the Department of Motor Vehicles Cash Fund.
        (2)(a) In addition to all other fees required for registration under
    the Motor Vehicle Registration Act, each application for initial issuance
    or renewal of alphanumeric Military Honor Plates shall be accompanied by
    a fee of five dollars. County treasurers collecting fees pursuant to this
    subdivision shall remit them to the State Treasurer. The State Treasurer
    shall credit five dollars of the fee to the Nebraska Veteran Cemetery
    System Operation Fund.
        (b) In addition to all other fees required for registration under
   the Motor Vehicle Registration Act, each application for initial issuance
   or renewal of     personalized message Military Honor Plates shall be
   accompanied by a fee of forty dollars. County treasurers collecting fees
   pursuant to this subdivision shall remit them to the State Treasurer. The
   State Treasurer shall credit twenty-five percent of the fee for initial
   issuance and renewal of such plates to the Department of Motor Vehicles
   Cash Fund and seventy-five percent of the fee to the Nebraska Veteran
   Cemetery System Operation Fund.
        (3)(a)    When the department receives an   application for Military
   Honor Plates, the department may deliver the plates and registration
   certificate to the applicant by United States mail or to the county
    treasurer of   the county in   which the motor vehicle or   trailer is
   registered and the delivery of the plates and registration certificate
                                                    -3-
LB266                                                                                            LB266
                                                                                            2023
    shall be made through a secure process and system. Beginning on an
    implementation date designated by the director on or before January 1,
    2022, if delivery of the plates and registration certificate is made by
    the department to the applicant, the department may charge a postage and
    handling fee in an amount not more than necessary to recover the cost of
    postage and handling for the specific items mailed to the registrant. The
    department shall remit the fee to the State Treasurer for credit to the
   Department of Motor Vehicles Cash Fund. The county treasurer or the
   department shall issue Military Honor Plates in lieu of regular license
   plates when the applicant complies with the other provisions of the Motor
    Vehicle Registration Act for registration of    the motor vehicle or
   trailer. If Military Honor Plates are lost, stolen, or mutilated, the
    licensee shall be issued replacement license plates upon request pursuant
    to section 60-3,157.
        (b)   The county treasurer or    the department may issue temporary
    license stickers to the applicant under this section for the applicant to
    lawfully operate the vehicle pending receipt of the license plates. No
    charge in addition to the registration fee shall be made for the issuance
   of a temporary license sticker under this subdivision. The department
    shall furnish temporary license stickers for issuance by     the county
   treasurer at no cost to the counties. The department may adopt and
   promulgate rules and regulations regarding the design and issuance of
   temporary license stickers.
        (4) The owner of a motor vehicle or trailer bearing Military Honor
    Plates may apply to the county treasurer to have such plates transferred
    to a motor vehicle or trailer other than the motor vehicle or trailer for
   which such plates were originally purchased if such motor vehicle or
    trailer is owned by the owner of the plates. The owner may have the
    unused portion of the fee for the plates credited to the other motor
   vehicle or trailer which will bear the plates at the rate of eight and
   one-third percent per month for each full month left in the registration
                                                -4-
LB266                                                                                      LB266
                                                                                      2023
   period. Application for such transfer shall be accompanied by a fee of
    three dollars.   Fees collected pursuant to   this subsection shall be
    remitted to the State Treasurer for credit to the Department of Motor
    Vehicles Cash Fund.
        (5) If the cost of manufacturing Military Honor Plates at any time
   exceeds the amount charged for license plates pursuant to    section
    60-3,102, any money to be credited to the Nebraska Veteran Cemetery
    System Operation Fund shall instead be credited first to the Highway
    Trust Fund in an amount equal to the difference between the manufacturing
    costs of Military Honor Plates and the amount charged pursuant to section
    60-3,102 with respect to such plates and the remainder shall be credited
    to the Nebraska Veteran Cemetery System Operation Fund.
        (6) If the director discovers evidence of fraud in an application
    for Military Honor Plates or that the holder is no longer eligible to
    have Military Honor Plates, the director may summarily cancel the plates
    and registration and send notice of the cancellation to the holder of the
    license plates.
       Sec. 2.     Original section 60-3,122.04, Reissue Revised Statutes of
   Nebraska, is repealed.
                                              -5-