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LEGISLATIVE BILL 1200
Approved by the Governor April 15, 2024
Introduced by Moser, 22; Holdcroft, 36.
A BILL FOR AN ACT relating to law; to amend sections 18-1737, 43-3314, 43-3318,
60-164.01, 60-172, 60-3,162, 60-3,202, 60-3,205, 60-480, 60-497.01,
60-4,131, 60-4,131.01, 60-4,139, 60-4,143, 60-4,144.03, 60-4,146.01,
60-4,148, 60-4,148.01, 60-4,149, 60-4,150, 60-4,151, 60-6,123, 60-6,254,
60-6,290, 60-1401.24, 60-1438.01, and 66-4,144, Reissue Revised Statutes of Nebraska, sections 39-2817, 60-144, 60-146, 60-149, 60-3,198, 60-490,
86-1025, and 86-1029.02, Revised Statutes Cumulative Supplement, 2022, and sections 30-24,125, 60-107, 60-119.01, 60-169, 60-302.01, 60-336.01,
60-386, 60-3,113.04, 60-3,193.01, 60-462, 60-462.01, 60-479.01,
60-4,111.01, 60-4,115, 60-4,132, 60-4,134, 60-4,142, 60-4,144,
60-4,147.02, 60-4,168, 60-501, 60-628.01, 60-6,265, 60-2705, 60-2909.01,
75-363, 75-364, 75-366, 75-369.03, 75-392, and 75-393, Revised Statutes Supplement, 2023; to adopt updates to federal law and update certain federal references; to change provisions relating to certificates of title under the Nebraska Probate Code, construction manager-general contractor contracts and public-private partnerships under the Transportation Innovation Act, delivery of certain notifications relating to operator's licenses, the Motor Vehicle Certificate of Title Act, the Motor Vehicle Registration Act, the Motor Vehicle Operator's License Act, the Motor Vehicle Safety Responsibility Act, the Nebraska Rules of the Road, the Motor Vehicle Industry Regulation Act, excise tax rates on certain fuels,
federal motor carrier safety regulations, federal hazardous materials regulations, and the unified carrier registration plan; to change certain civil penalties; to provide for coordination of the 911 service system and the 988 suicide and crisis lifeline; to eliminate obsolete provisions; to harmonize provisions; to provide operative dates; to repeal the original sections; and to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 18-1737, Reissue Revised Statutes of Nebraska, is amended to read:
18-1737 (1) Any city or village, any state agency, and any person in
lawful possession of any offstreet parking facility may designate stalls or
spaces, including access aisles, in such facility owned or operated by the city, village, state agency, or person for the exclusive use of handicapped or
disabled persons whose motor vehicles display the distinguishing license plates issued to such individuals pursuant to section 60-3,113, such other handicapped or disabled persons or temporarily handicapped or disabled persons whose motor vehicles display a handicapped or disabled parking permit, and such other motor vehicles which display a handicapped or disabled parking permit. Such designation shall be made by posting aboveground and immediately adjacent to
and visible from each stall or space, including access aisles, a sign which is
in conformance with the Manual on Uniform Traffic Control Devices adopted pursuant to section 60-6,118 and the federal Americans with Disabilities Act of
1990 and the federal regulations adopted in response to the act, as the act and the regulations existed on January 1, 2024 2011.
(2) The owner or person in lawful possession of an offstreet parking facility, after notifying the police or sheriff's department, as the case may be, and any city, village, or state agency providing onstreet parking or
owning, operating, or providing an offstreet parking facility may cause the removal, from a stall or space, including access aisles, designated exclusively for handicapped or disabled persons or temporarily handicapped or disabled persons or motor vehicles for the transportation of handicapped or disabled persons or temporarily handicapped or disabled persons, of any vehicle not displaying the proper handicapped or disabled parking permit or the distinguishing license plates specified in this section if there is posted aboveground and immediately adjacent to and visible from such stall or space,
including access aisles, a sign which clearly and conspicuously states the area so designated as a tow-in zone.
(3) A person who parks a vehicle in any onstreet parking space or access aisle which has been designated exclusively for handicapped or disabled persons or temporarily handicapped or disabled persons or motor vehicles for the transportation of handicapped or disabled persons or temporarily handicapped or
disabled persons, or in any so exclusively designated parking space or access aisle in any offstreet parking facility, without properly displaying the proper license plates or handicapped or disabled parking permit or when the handicapped or disabled person to whom or for whom, as the case may be, the license plate or permit is issued will not enter or exit the vehicle while it
is parked in the designated space or access aisle shall be guilty of a handicapped parking infraction as defined in section 18-1741.01 and shall be
subject to the penalties and procedures set forth in sections 18-1741.01 to
18-1741.07. The display on a motor vehicle of a distinguishing license plate or
permit issued to a handicapped or disabled person by and under the duly
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constituted authority of another state shall constitute a full and complete defense in any action for a handicapped parking infraction as defined in
section 18-1741.01. If the identity of the person who parked the vehicle in
violation of this section cannot be readily determined, the owner or person in
whose name the vehicle is registered shall be held prima facie responsible for such violation and shall be guilty and subject to the penalties and procedures described in this section. In the case of a privately owned offstreet parking facility, a city or village shall not require the owner or person in lawful possession of such facility to inform the city or village of a violation of
this section prior to the city or village issuing the violator a handicapped parking infraction citation.
(4) For purposes of this section and section 18-1741.01, state agency means any division, department, board, bureau, commission, or agency of the State of Nebraska created by the Constitution of Nebraska or established by act of the Legislature, including the University of Nebraska and the Nebraska state colleges, when the entity owns, leases, controls, or manages property which includes offstreet parking facilities.
Sec. 2. Section 30-24,125, Revised Statutes Supplement, 2023, is amended to read:
30-24,125 (a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or
an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation,
stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating:
(1) the value of all of the personal property in the decedent's estate,
wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars;
(2) thirty days have elapsed since the death of the decedent as shown in a certified or authenticated copy of the decedent's death certificate attached to
the affidavit;
(3) the claiming successor's relationship to the decedent or, if there is
no relationship, the basis of the successor's claim to the personal property;
(4) the person or persons claiming as successors under the affidavit swear or affirm that all statements in the affidavit are true and material and further acknowledge that any false statement may subject the person or persons to penalties relating to perjury under section 28-915;
(5) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and
(6) the claiming successor is entitled to payment or delivery of the property.
(b) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection (a).
(c) Upon the presentation of an affidavit as provided in subsection (a),
the claiming successor may endorse or negotiate any instrument evidencing a debt belonging to the decedent that is a check, draft, or other negotiable instrument that is payable to the decedent or the decedent's estate.
Notwithstanding the provisions of section 3-403, 3-417, or 3-420, Uniform Commercial Code, a financial institution accepting such a check, draft, or other negotiable instrument presented for deposit in such manner is discharged from all claims for the amount accepted.
(d)(1) Except as provided in subdivision (d)(2), in (d) In addition to
compliance with the requirements of subsection (a), a person seeking a transfer of a certificate of title to a motor vehicle, motorboat, all-terrain vehicle,
utility-type vehicle, or minibike shall be required to furnish to the Department of Motor Vehicles an affidavit showing applicability of this section and compliance with the requirements of this section to authorize the department to issue a new certificate of title.
(2) After ten years have elapsed since the estate has closed, the Department of Motor Vehicles shall waive the requirements of subdivision (a)(5)
if the person seeking a transfer of a certificate of title provides evidence that the estate has closed and a certified authenticated copy of the decedent's death certificate.
Sec. 3. Section 39-2817, Revised Statutes Cumulative Supplement, 2022, is amended to read:
39-2817 (1) The process for selecting a construction manager and entering into a construction manager-general contractor contract shall be in accordance with this section and sections 39-2818 to 39-2820.
(2) A contracting agency shall prepare a request for qualifications for construction manager-general contractor contract proposals and shall prequalify construction managers. The request for qualifications shall describe the project in sufficient detail to permit a construction manager to respond. The request for qualifications shall identify the maximum number of eligible construction managers the contracting agency will place on a short list as
qualified and eligible to receive a request for proposals.
(3) The request for qualifications shall be (a) published in a newspaper of statewide circulation at least thirty days prior to the deadline for receiving the request for qualifications and (b) sent by first-class mail to
any construction manager upon request.
(4) The contracting agency shall create a short list of qualified and
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eligible construction managers in accordance with the guidelines adopted pursuant to section 39-2811. The contracting agency shall select at least two construction managers, except that if only one construction manager has responded to the request for qualifications, the contracting agency may, in its discretion, proceed or cancel the procurement. The request for proposals shall be sent only to the construction managers placed on the short list.
(5) A contracting agency may combine the separate qualification and proposal steps of this section and section 39-2818 into a single-step process if the contracting agency determines that a single-step process is in the contracting agency's best interest. If a single-step process is used, a contracting agency shall consider the qualifications of all proposing construction managers as a part of the request for proposals. Notice of the request for proposals shall be published as provided in subsection (3) of this section. There is no requirement to short list construction managers when using the single-step process. If only one proposal is submitted, the contracting agency may, in its discretion, proceed or cancel the procurement.
Sec. 4. Section 43-3314, Reissue Revised Statutes of Nebraska, is amended to read:
43-3314 (1) When the department or a county attorney or authorized attorney has made reasonable efforts to verify and has reason to believe that a license holder in a case receiving services under Title IV-D of the Social Security Act, as amended, (a) is delinquent on a support order in an amount equal to the support due and payable for more than a three-month period of
time, (b) is not in compliance with a payment plan for amounts due as
determined by a county attorney, an authorized attorney, or the department for such past-due support, or (c) is not in compliance with a payment plan for amounts due under a support order pursuant to a court order for such past-due support, and therefor determines to certify the license holder to the appropriate licensing authority, the department, county attorney, or authorized attorney shall send written notice to the license holder by regular United States certified mail to the last-known address of the license holder or to the last-known address of the license holder available to the court pursuant to
section 42-364.13. For purposes of this section, reasonable efforts to verify means reviewing the case file and having written or oral communication with the clerk of the court of competent jurisdiction and with the license holder.
Reasonable efforts to verify may also include written or oral communication with custodial parents.
(2) The notice shall specify:
(a) That the Department of Health and Human Services, county attorney, or authorized attorney intends to certify the license holder to the Department of
Motor Vehicles and to relevant licensing authorities pursuant to subsection (3)
of section 43-3318 as a license holder described in subsection (1) of this section;
(b) The court or agency of competent jurisdiction which issued the support order or in which the support order is registered;
(c) That an enforcement action for a support order will incorporate any amount delinquent under the support order which may accrue in the future;
(d) That a license holder who is in violation of a support order can come into compliance by:
(i) Paying current support if a current support obligation exists; and
(ii) Paying all past-due support or, if unable to pay all past-due support and if a payment plan for such past-due support has not been determined, by making payments in accordance with a payment plan determined by the county attorney, the authorized attorney, or the Department of Health and Human Services for such past-due support; and
(e) That within thirty days after issuance of the notice, the license holder may either:
(i) Request administrative review in the manner specified in the notice to
contest a mistake of fact. Mistake of fact means an error in the identity of
the license holder or an error in the determination of whether the license holder is a license holder described in subsection (1) of this section; or
(ii) Seek judicial review by filing a petition in the court of competent jurisdiction of the county where the support order was issued or registered or,
in the case of a foreign support order not registered in Nebraska, the court of
competent jurisdiction of the county where the child resides if the child resides in Nebraska or the court of competent jurisdiction of the county where the license holder resides if the child does not reside in Nebraska.
Sec. 5. Section 43-3318, Reissue Revised Statutes of Nebraska, is amended to read:
43-3318 (1) The Department of Health and Human Services, county attorney,
authorized attorney, or court of competent jurisdiction may certify in writing to the Department of Motor Vehicles, relevant licensing authorities, and, if the license holder is a member of the Nebraska State Bar Association, the Counsel for Discipline of the Nebraska Supreme Court, that a license holder is
a license holder described in subsection (1) of section 43-3314 if:
(a) The license holder does not timely request either administrative review or judicial review upon issuance of a notice under subsection (2) of section 43-3314, is still a license holder described in subsection (1) of section 43-3314 thirty-one days after issuance of the notice, and does not obtain a written confirmation of compliance from the Department of Health and Human Services, county attorney, or authorized attorney pursuant to section
43-3320 within thirty-one days after issuance of the notice;
(b) The Department of Health and Human Services issues a decision after a
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hearing that finds the license holder is a license holder described in
subsection (1) of section 43-3314, the license holder is still a license holder described in such subsection thirty-one days after issuance of that decision,
and the license holder does not seek judicial review of the decision within the ten-day appeal period provided in section 43-3317; or
(c) The court of competent jurisdiction enters a judgment on a petition for judicial review, initiated under either section 43-3315 or 43-3317, that finds the license holder is a license holder described in subsection (1) of section 43-3314.
(2) The court of competent jurisdiction, after providing appropriate notice, may certify a license holder to the Department of Motor Vehicles and relevant licensing authorities if a license holder has failed to comply with subpoenas or warrants relating to paternity or child support proceedings.
(3) If the Department of Health and Human Services, county attorney,
authorized attorney, or court of competent jurisdiction determines to certify a license holder to the appropriate licensing authority, then the department,
county attorney, authorized attorney, or court of competent jurisdiction shall certify a license holder in the following order and in compliance with the following restrictions:
(a) To the Department of Motor Vehicles to suspend the license holder's operator's license, except the Department of Motor Vehicles shall not suspend the license holder's commercial driver's license or restricted commercial driver's license. If a license holder possesses a commercial driver's license or restricted com