LB807 LB807
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 807
Introduced by von Gillern, 4.
Read first time January 18, 2023
Committee: Transportation and Telecommunications
1 A BILL FOR AN ACT relating to motor vehicles; to amend sections 18-1736,
2 18-1737, 37-327.04, 60-163, 60-180, 60-301, 60-308, 60-366, 60-370,
3 60-373, 60-374, 60-375, 60-376, 60-377, 60-378, 60-380, 60-382,
4 60-393, 60-395, 60-396, 60-397, 60-398, 60-399, 60-3,100, 60-3,104,
5 60-3,104.01, 60-3,104.02, 60-3,105, 60-3,106, 60-3,107, 60-3,108,
6 60-3,109, 60-3,113, 60-3,114, 60-3,115, 60-3,116, 60-3,117,
7 60-3,120, 60-3,121, 60-3,122.01, 60-3,122.04, 60-3,129, 60-3,130,
8 60-3,130.01, 60-3,130.03, 60-3,130.04, 60-3,130.05, 60-3,134,
9 60-3,135, 60-3,141, 60-3,144, 60-3,145, 60-3,146, 60-3,147,
10 60-3,149, 60-3,150, 60-3,151, 60-3,157, 60-3,167, 60-3,175,
11 60-3,176, 60-3,180, 60-3,183, 60-3,205, 60-3,222, 60-3,228,
12 60-3,236, 60-3,254, 60-495, 60-653, 60-683, 60-6,197.01, 60-1306,
13 60-1901, 60-1902, 60-1903, 60-1908, and 81-2005, Reissue Revised
14 Statutes of Nebraska, and sections 37-112, 37-811, 60-392, 60-3,101,
15 60-3,102, 60-3,119, 60-3,122, 60-3,122.02, 60-3,122.03, 60-3,123,
16 60-3,124, 60-3,125, 60-3,126, 60-3,130.02, 60-3,135.01, 60-3,198,
17 60-3,203, 60-3,221, 60-3,253, 60-501, 66-1406.02, 80-414, 80-415,
18 80-416, 80-417, 81-8,310, 81-2517, 82-139, and 82-334, Revised
19 Statutes Cumulative Supplement, 2022; to change provisions relating
20 to license plates and provide for the issuance of one license plate;
21 to eliminate a fund; to eliminate obsolete provisions; to eliminate
22 provisions relating to certain license plates; to harmonize
23 provisions; to repeal the original sections; and to outright repeal
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1 sections 60-3,127, 60-3,223, 60-3,224, 60-3,225, 60-3,227, 60-3,230,
2 60-3,231, 60-3,234, 60-3,235, 60-3,238, 60-3,239, 60-3,240,
3 60-3,242, 60-3,244, 60-3,246, 60-3,248, 60-3,250, 60-3,252,
4 60-3,255, 60-3,256, 60-3,257, and 60-3,258, Reissue Revised Statutes
5 of Nebraska, and sections 60-3,128, 60-3,226, 60-3,232, 60-3,233,
6 60-3,237, 60-3,241, 60-3,243, 60-3,245, 60-3,247, 60-3,249, and
7 60-3,251, Revised Statutes Cumulative Supplement, 2022.
8 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 18-1736, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 18-1736 (1) A city or village may designate parking spaces,
4 including access aisles, for the exclusive use of (a) handicapped or
5 disabled persons whose motor vehicles display the distinguishing license
6 plate plates issued to a handicapped or disabled person persons pursuant
7 to section 60-3,113, (b) handicapped or disabled persons whose motor
8 vehicles display a distinguishing license plate issued to a handicapped
9 or disabled person by another state, (c) such other handicapped or
10 disabled persons or temporarily handicapped or disabled persons whose
11 motor vehicles display a handicapped or disabled parking permit, and (d)
12 such other motor vehicles which display a handicapped or disabled parking
13 permit.
14 (2) If a city or village so designates a parking space or access
15 aisle, it shall be indicated by posting aboveground and immediately
16 adjacent to and visible from each space or access aisle a sign as
17 described in section 18-1737. In addition to such sign, the space or
18 access aisle may also be indicated by blue paint on the curb or edge of
19 the paved portion of the street adjacent to the space or access aisle.
20 (3) For purposes of sections 18-1736 to 18-1741.07:
21 (a) Access aisle has the same meaning as in section 60-302.01;
22 (b) Handicapped or disabled parking permit has the same meaning as
23 in section 60-331.01;
24 (c) Handicapped or disabled person has the same meaning as in
25 section 60-331.02; and
26 (d) Temporarily handicapped or disabled person has the same meaning
27 as in section 60-352.01.
28 Sec. 2. Section 18-1737, Reissue Revised Statutes of Nebraska, is
29 amended to read:
30 18-1737 (1) Any city or village, any state agency, and any person in
31 lawful possession of any offstreet parking facility may designate stalls
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1 or spaces, including access aisles, in such facility owned or operated by
2 the city, village, state agency, or person for the exclusive use of
3 handicapped or disabled persons whose motor vehicles display the
4 distinguishing license plate plates issued to such individuals pursuant
5 to section 60-3,113, such other handicapped or disabled persons or
6 temporarily handicapped or disabled persons whose motor vehicles display
7 a handicapped or disabled parking permit, and such other motor vehicles
8 which display a handicapped or disabled parking permit. Such designation
9 shall be made by posting aboveground and immediately adjacent to and
10 visible from each stall or space, including access aisles, a sign which
11 is in conformance with the Manual on Uniform Traffic Control Devices
12 adopted pursuant to section 60-6,118 and the federal Americans with
13 Disabilities Act of 1990 and the federal regulations adopted in response
14 to the act, as the act and the regulations existed on January 1, 2011.
15 (2) The owner or person in lawful possession of an offstreet parking
16 facility, after notifying the police or sheriff's department, as the case
17 may be, and any city, village, or state agency providing onstreet parking
18 or owning, operating, or providing an offstreet parking facility may
19 cause the removal, from a stall or space, including access aisles,
20 designated exclusively for handicapped or disabled persons or temporarily
21 handicapped or disabled persons or motor vehicles for the transportation
22 of handicapped or disabled persons or temporarily handicapped or disabled
23 persons, of any vehicle not displaying the proper handicapped or disabled
24 parking permit or the distinguishing license plate plates specified in
25 this section if there is posted aboveground and immediately adjacent to
26 and visible from such stall or space, including access aisles, a sign
27 which clearly and conspicuously states the area so designated as a tow-in
28 zone.
29 (3) A person who parks a vehicle in any onstreet parking space or
30 access aisle which has been designated exclusively for handicapped or
31 disabled persons or temporarily handicapped or disabled persons or motor
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1 vehicles for the transportation of handicapped or disabled persons or
2 temporarily handicapped or disabled persons, or in any so exclusively
3 designated parking space or access aisle in any offstreet parking
4 facility, without properly displaying the proper license plate plates or
5 handicapped or disabled parking permit or when the handicapped or
6 disabled person to whom or for whom, as the case may be, the license
7 plate or permit is issued will not enter or exit the vehicle while it is
8 parked in the designated space or access aisle shall be guilty of a
9 handicapped parking infraction as defined in section 18-1741.01 and shall
10 be subject to the penalties and procedures set forth in sections
11 18-1741.01 to 18-1741.07. The display on a motor vehicle of a
12 distinguishing license plate or permit issued to a handicapped or
13 disabled person by and under the duly constituted authority of another
14 state shall constitute a full and complete defense in any action for a
15 handicapped parking infraction as defined in section 18-1741.01. If the
16 identity of the person who parked the vehicle in violation of this
17 section cannot be readily determined, the owner or person in whose name
18 the vehicle is registered shall be held prima facie responsible for such
19 violation and shall be guilty and subject to the penalties and procedures
20 described in this section. In the case of a privately owned offstreet
21 parking facility, a city or village shall not require the owner or person
22 in lawful possession of such facility to inform the city or village of a
23 violation of this section prior to the city or village issuing the
24 violator a handicapped parking infraction citation.
25 (4) For purposes of this section and section 18-1741.01, state
26 agency means any division, department, board, bureau, commission, or
27 agency of the State of Nebraska created by the Constitution of Nebraska
28 or established by act of the Legislature, including the University of
29 Nebraska and the Nebraska state colleges, when the entity owns, leases,
30 controls, or manages property which includes offstreet parking
31 facilities.
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1 Sec. 3. Section 37-112, Revised Statutes Cumulative Supplement,
2 2022, is amended to read:
3 37-112 The Josh the Otter-Be Safe Around Water Cash Fund is created
4 for the purpose of funding the program set forth in section 37-111. The
5 fund shall consist of any money credited to the fund pursuant to section
6 88 of this act 60-3,258. The fund may also receive gifts, bequests,
7 grants, or other contributions or donations from public or private
8 entities. The state investment officer shall invest any money in the fund
9 available for investment pursuant to the Nebraska Capital Expansion Act
10 and the Nebraska State Funds Investment Act.
11 Sec. 4. Section 37-327.04, Reissue Revised Statutes of Nebraska, is
12 amended to read:
13 37-327.04 The Game and Parks Commission Educational Fund is created.
14 The fund shall consist of money credited pursuant to section 88 of this
15 act 60-3,227 and any other money as determined by the Legislature. The
16 commission shall use the fund to provide youth education programs
17 relating to wildlife conservation practices. Any money in the fund
18 available for investment shall be invested by the state investment
19 officer pursuant to the Nebraska Capital Expansion Act and the Nebraska
20 State Funds Investment Act.
21 Sec. 5. Section 37-811, Revised Statutes Cumulative Supplement,
22 2022, is amended to read:
23 37-811 There is hereby created the Wildlife Conservation Fund. The
24 fund shall be used to assist in carrying out the Nongame and Endangered
25 Species Conservation Act, to pay for research into and management of the
26 ecological effects of the release, importation, commercial exploitation,
27 and exportation of wildlife species pursuant to section 37-548, and to
28 pay any expenses incurred by the Department of Revenue or any other
29 agency in the administration of the income tax designation program
30 required by section 77-27,119.01. The fund shall consist of money
31 credited pursuant to section 88 of this act 60-3,238 and any other money
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1 as determined by the Legislature. The fund shall also consist of money
2 transferred from the General Fund by the State Treasurer in an amount to
3 be determined by the Tax Commissioner which shall be equal to the total
4 amount of contributions designated pursuant to section 77-27,119.01. Any
5 money in the Wildlife Conservation Fund available for investment shall be
6 invested by the state investment officer pursuant to the Nebraska Capital
7 Expansion Act and the Nebraska State Funds Investment Act.
8 Sec. 6. Section 60-163, Reissue Revised Statutes of Nebraska, is
9 amended to read:
10 60-163 (1) The department shall check with its records all duplicate
11 certificates of title received from a county treasurer. If it appears
12 that a certificate of title has been improperly issued, the department
13 shall cancel such certificate of title the same. Upon cancellation of any
14 certificate of title, the department shall notify the county treasurer
15 who issued such certificate of title the same, and such county treasurer
16 shall thereupon enter the cancellation upon the his or her records. The
17 department shall also notify the person to whom such certificate of title
18 was issued, as well as any lienholders appearing on such certificate of
19 title thereon, of the cancellation and shall demand the surrender of such
20 certificate of title, but the cancellation shall not affect the validity
21 of any lien noted on such certificate of title thereon. The holder of
22 such certificate of title shall return such certificate of title the same
23 to the department forthwith.
24 (2) If a certificate of registration has been issued to the holder
25 of a certificate of title so canceled, the department shall immediately
26 cancel such certificate of registration the same and demand the return of
27 such certificate of registration and license plate or tag plates or tags,
28 and the holder of such certificate of registration and license plate or
29 tag plates or tags shall return the certificate of registration and
30 license plate or tag the same to the department forthwith.
31 Sec. 7. Section 60-180, Reissue Revised Statutes of Nebraska, is
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1 amended to read:
2 60-180 (1) A person who operates in this state a vehicle for which a
3 certificate of title is required without having such certificate in
4 accordance with the Motor Vehicle Certificate of Title Act or upon which
5 the certificate of title has been canceled is guilty of a Class III
6 misdemeanor.
7 (2) A person who is a dealer or acting on behalf of a dealer and who
8 acquires, purchases, holds, or displays for sale a new vehicle without
9 having obtained a manufacturer's or importer's certificate or a
10 certificate of title for such vehicle therefor as provided for in the
11 Motor Vehicle Certificate of Title Act is guilty of a Class III
12 misdemeanor.
13 (3) A person who fails to surrender any certificate of title or any
14 certificate of registration or license plate or tag plates or tags upon
15 cancellation of such certificate of title, certificate of registration,
16 license plate, or tag the same by the department and notice of such
17 cancellation thereof as prescribed in the Motor Vehicle Certificate of
18 Title Act is guilty of a Class III misdemeanor.
19 (4) A person who fails to surrender the certificate of title to the
20 county treasurer or department as provided in section 60-169 in case of
21 the destruction or dismantling or change of a vehicle in such respect
22 that it is not the vehicle described in the certificate of title is
23 guilty of a Class III misdemeanor.
24 (5) A person who purports to sell or transfer a vehicle without
25 delivering to the purchaser or transferee thereof a certificate of title
26 or a manufacturer's or importer's certificate for such vehicle thereto
27 duly assigned to such purchaser as provided in the Motor Vehicle