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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 942
Introduced by Hunt, 8.
Read first time January 13, 2020
Committee: Transportation and Telecommunications
1 A BILL FOR AN ACT relating to motor vehicles; to amend sections 60-301,
2 60-393, 60-395, 60-396, 60-3,104, and 60-3,130.04, Revised Statutes
3 Supplement, 2019; to provide for Support the Arts Plates; to create
4 the Support the Arts Cash Fund; to harmonize provisions; and to
5 repeal the original sections.
6 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 60-301, Revised Statutes Supplement, 2019, is
2 amended to read:
3 60-301 Sections 60-301 to 60-3,244 and sections 7 and 8 of this act
4 shall be known and may be cited as the Motor Vehicle Registration Act.
5 Sec. 2. Section 60-393, Revised Statutes Supplement, 2019, is
6 amended to read:
7 60-393 Any owner who has two or more motor vehicles or trailers
8 required to be registered under the Motor Vehicle Registration Act may
9 register all such motor vehicles or trailers on a calendar-year basis or
10 on an annual basis for the same registration period beginning in a month
11 chosen by the owner. When electing to establish the same registration
12 period for all such motor vehicles or trailers, the owner shall pay the
13 registration fee, the motor vehicle tax imposed in section 60-3,185, the
14 motor vehicle fee imposed in section 60-3,190, and the alternative fuel
15 fee imposed in section 60-3,191 on each motor vehicle for the number of
16 months necessary to extend its current registration period to the
17 registration period under which all such motor vehicles or trailers will
18 be registered. Credit shall be given for registration paid on each motor
19 vehicle or trailer when the motor vehicle or trailer has a later
20 expiration date than that chosen by the owner except as otherwise
21 provided in sections 60-3,121, 60-3,122.02, 60-3,122.04, 60-3,128,
22 60-3,224, 60-3,227, 60-3,233, 60-3,235, 60-3,238, 60-3,240, 60-3,242, and
23 60-3,244 and section 8 of this act. Thereafter all such motor vehicles or
24 trailers shall be registered on an annual basis starting in the month
25 chosen by the owner.
26 Sec. 3. Section 60-395, Revised Statutes Supplement, 2019, is
27 amended to read:
28 60-395 (1) Except as otherwise provided in subsection (2) of this
29 section and sections 60-3,121, 60-3,122.02, 60-3,122.04, 60-3,128,
30 60-3,224, 60-3,227, 60-3,231, 60-3,233, 60-3,235, 60-3,238, 60-3,240,
31 60-3,242, and 60-3,244 and section 8 of this act, the registration shall
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1 expire and the registered owner or lessee may, by returning the
2 registration certificate, the license plates, and, when appropriate, the
3 validation decals and by either making application on a form prescribed
4 by the department to the county treasurer of the occurrence of an event
5 described in subdivisions (a) through (e) of this subsection or, in the
6 case of a change in situs, displaying to the county treasurer the
7 registration certificate of such other state as evidence of a change in
8 situs, receive a refund of that part of the unused fees and taxes on
9 motor vehicles or trailers based on the number of unexpired months
10 remaining in the registration period from the date of any of the
11 following events:
12 (a) Upon transfer of ownership of any motor vehicle or trailer;
13 (b) In case of loss of possession because of fire, theft,
14 dismantlement, or junking;
15 (c) When a salvage branded certificate of title is issued;
16 (d) Whenever a type or class of motor vehicle or trailer previously
17 registered is subsequently declared by legislative act or court decision
18 to be illegal or ineligible to be operated or towed on the public roads
19 and no longer subject to registration fees, the motor vehicle tax imposed
20 in section 60-3,185, the motor vehicle fee imposed in section 60-3,190,
21 and the alternative fuel fee imposed in section 60-3,191;
22 (e) Upon a trade-in or surrender of a motor vehicle under a lease;
23 or
24 (f) In case of a change in the situs of a motor vehicle or trailer
25 to a location outside of this state.
26 (2) If the date of the event falls within the same calendar month in
27 which the motor vehicle or trailer is acquired, no refund shall be
28 allowed for such month.
29 (3) If the transferor or lessee acquires another motor vehicle at
30 the time of the transfer, trade-in, or surrender, the transferor or
31 lessee shall have the credit provided for in this section applied toward
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1 payment of the motor vehicle fees and taxes then owing. Otherwise, the
2 transferor or lessee shall file a claim for refund with the county
3 treasurer upon an application form prescribed by the department.
4 (4) The registered owner or lessee shall make a claim for refund or
5 credit of the fees and taxes for the unexpired months in the registration
6 period within sixty days after the date of the event or shall be deemed
7 to have forfeited his or her right to such refund or credit.
8 (5) For purposes of this section, the date of the event shall be:
9 (a) In the case of a transfer or loss, the date of the transfer or loss;
10 (b) in the case of a change in the situs, the date of registration in
11 another state; (c) in the case of a trade-in or surrender under a lease,
12 the date of trade-in or surrender; (d) in the case of a legislative act,
13 the effective date of the act; and (e) in the case of a court decision,
14 the date the decision is rendered.
15 (6) Application for registration or for reassignment of license
16 plates and, when appropriate, validation decals to another motor vehicle
17 or trailer shall be made within thirty days of the date of purchase.
18 (7) If a motor vehicle or trailer was reported stolen under section
19 60-178, a refund under this section shall not be reduced for a lost plate
20 charge and a credit under this section may be reduced for a lost plate
21 charge but the applicant shall not be required to pay the plate fee for
22 new plates.
23 (8) The county treasurer shall refund the motor vehicle fee and
24 registration fee from the fees which have not been transferred to the
25 State Treasurer. The county treasurer shall make payment to the claimant
26 from the undistributed motor vehicle taxes of the taxing unit where the
27 tax money was originally distributed. No refund of less than two dollars
28 shall be paid.
29 Sec. 4. Section 60-396, Revised Statutes Supplement, 2019, is
30 amended to read:
31 60-396 Whenever the registered owner files an application with the
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1 county treasurer showing that a motor vehicle, trailer, or semitrailer is
2 disabled and has been removed from service, the registered owner may, by
3 returning the registration certificate, the license plates, and, when
4 appropriate, the validation decals or, in the case of the unavailability
5 of such registration certificate or certificates, license plates, or
6 validation decals, then by making an affidavit to the county treasurer of
7 such disablement and removal from service, receive a credit for a portion
8 of the registration fee from the fee deposited with the State Treasurer
9 at the time of registration based upon the number of unexpired months
10 remaining in the registration year except as otherwise provided in
11 sections 60-3,121, 60-3,122.02, 60-3,122.04, 60-3,128, 60-3,224,
12 60-3,227, 60-3,233, 60-3,235, 60-3,238, 60-3,240, 60-3,242, and 60-3,244
13 and section 8 of this act. The owner shall also receive a credit for the
14 unused portion of the motor vehicle tax and fee based upon the number of
15 unexpired months remaining in the registration year. When the owner
16 registers a replacement motor vehicle, trailer, or semitrailer at the
17 time of filing such affidavit, the credit may be immediately applied
18 against the registration fee and the motor vehicle tax and fee for the
19 replacement motor vehicle, trailer, or semitrailer. When no such
20 replacement motor vehicle, trailer, or semitrailer is so registered, the
21 county treasurer shall forward the application and affidavit, if any, to
22 the State Treasurer who shall determine the amount, if any, of the
23 allowable credit for the registration fee and issue a credit certificate
24 to the owner. For the motor vehicle tax and fee, the county treasurer
25 shall determine the amount, if any, of the allowable credit and issue a
26 credit certificate to the owner. When such motor vehicle, trailer, or
27 semitrailer is removed from service within the same month in which it was
28 registered, no credits shall be allowed for such month. The credits may
29 be applied against taxes and fees for new or replacement motor vehicles,
30 trailers, or semitrailers incurred within one year after cancellation of
31 registration of the motor vehicle, trailer, or semitrailer for which the
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1 credits were allowed. When any such motor vehicle, trailer, or
2 semitrailer is reregistered within the same registration year in which
3 its registration has been canceled, the taxes and fees shall be that
4 portion of the registration fee and the motor vehicle tax and fee for the
5 remainder of the registration year.
6 Sec. 5. Section 60-3,104, Revised Statutes Supplement, 2019, is
7 amended to read:
8 60-3,104 The department shall issue the following types of license
9 plates:
10 (1) Amateur radio station license plates issued pursuant to section
11 60-3,126;
12 (2) Apportionable vehicle license plates issued pursuant to section
13 60-3,203;
14 (3) Autocycle license plates issued pursuant to section 60-3,100;
15 (4) Boat dealer license plates issued pursuant to section 60-379;
16 (5) Breast Cancer Awareness Plates issued pursuant to sections
17 60-3,230 and 60-3,231;
18 (6) Bus license plates issued pursuant to section 60-3,144;
19 (7) Choose Life License Plates issued pursuant to sections 60-3,232
20 and 60-3,233;
21 (8) Commercial motor vehicle license plates issued pursuant to
22 section 60-3,147;
23 (9) Dealer or manufacturer license plates issued pursuant to
24 sections 60-3,114 and 60-3,115;
25 (10) Disabled veteran license plates issued pursuant to section
26 60-3,124;
27 (11) Farm trailer license plates issued pursuant to section
28 60-3,151;
29 (12) Farm truck license plates issued pursuant to section 60-3,146;
30 (13) Farm trucks with a gross weight of over sixteen tons license
31 plates issued pursuant to section 60-3,146;
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1 (14) Fertilizer trailer license plates issued pursuant to section
2 60-3,151;
3 (15) Former military vehicle license plates issued pursuant to
4 section 60-3,236;
5 (16) Gold Star Family license plates issued pursuant to sections
6 60-3,122.01 and 60-3,122.02;
7 (17) Handicapped or disabled person license plates issued pursuant
8 to section 60-3,113;
9 (18) Historical vehicle license plates issued pursuant to sections
10 60-3,130 to 60-3,134;
11 (19) Local truck license plates issued pursuant to section 60-3,145;
12 (20) Metropolitan utilities district license plates issued pursuant
13 to section 60-3,228;
14 (21) Military Honor Plates issued pursuant to sections 60-3,122.03
15 and 60-3,122.04;
16 (22) Minitruck license plates issued pursuant to section 60-3,100;
17 (23) Motor vehicle license plates for motor vehicles owned or
18 operated by the state, counties, municipalities, or school districts
19 issued pursuant to section 60-3,105;
20 (24) Motor vehicles exempt pursuant to section 60-3,107;
21 (25) Motorcycle license plates issued pursuant to section 60-3,100;
22 (26) Mountain Lion Conservation Plates issued pursuant to sections
23 60-3,226 and 60-3,227;
24 (27) Native American Cultural Awareness and History Plates issued
25 pursuant to sections 60-3,234 and 60-3,235;
26 (28) Nebraska Cornhusker Spirit Plates issued pursuant to sections
27 60-3,127 to 60-3,129;
28 (29) Nebraska 150 Sesquicentennial Plates issued pursuant to
29 sections 60-3,223 to 60-3,225;
30 (30) Nonresident owner thirty-day license plates issued pursuant to
31 section 60-382;
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1 (31) Passenger car having a seating capacity of ten persons or less
2 and not used for hire issued pursuant to section 60-3,143 other than
3 autocycles;
4 (32) Passenger car having a seating capacity of ten persons or less
5 and used for hire issued pursuant to section 60-3,143 other than
6 autocycles;
7 (33) Pearl Harbor license plates issued pursuant to section
8 60-3,122;
9 (34) Personal-use dealer license plates issued pursuant to section
10 60-3,116;
11 (35) Personalized message license plates for motor vehicles,
12 trailers, and semitrailers, except motor vehicles, trailers, and
13 semitrailers registered under section 60-3,198, issued pursuant to
14 sections 60-3,118 to 60-3,121;
15 (36) Prisoner-of-war license plates issued pursuant to section
16 60-3,123;
17 (37) Prostate Cancer Awareness Plates issued pursuant to section
18 60-3,240;
19 (38) Public power district license plates issued pursuant to section
20 60-3,228;
21 (39) Purple Heart license plates issued pursuant to section
22 60-3,125;
23 (40) Recreational vehicle license plates issued pursuant to section
24 60-3,151;
25 (41) Repossession license plates issued pursuant to section 60-375;
26 (42) Sammy's Superheroes license plates for childhood cancer
27 awareness issued pursuant to section 60-3,242;
28 (43) Special interest motor vehicle license plates issued pursuant
29 to section 60-3,135.01;
30 (44) Specialty license plates issued pursuant to sections
31 60-3,104.01 and 60-3,104.02;
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1 (45) Support the Arts Plates issued pursuant to section 8 of this
2 act;
3 (45) Trailer license plates issued for trailers owned or operated by
4 the state, counties, municipalities, or school districts issued pursuant
5 to section 60-3,106;
6 (46) Support Our Troops Plates issued pursuant to sections 60-3,243
7 and 60-3,244;
8 (47) Trailer license plates issued for trailers owned or operated by
9 the state, counties, municipalities, or school districts issued pursuant
10 to section