LB944 LB944
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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 944
FINAL READING
Introduced by Geist, 25; Friesen, 34.
Read first time January 13, 2020
Committee: Transportation and Telecommunications
1 A BILL FOR AN ACT relating to transportation; to amend sections 18-1214,
2 37-327.03, 38-129, 60-142.01, 60-3,137, 60-3,203, 60-3,212,
3 66-1406.02, 66-1424, 75-362, 75-369.03, 75-386, 75-398, and 75-399,
4 Reissue Revised Statutes of Nebraska, sections 4-111, 60-192,
5 60-331.02, 60-3,104.02, 60-3,205, 60-484.04, 60-484.05, 60-4,113,
6 60-4,114, 60-4,138, 60-4,141, 60-4,168, 60-6,294, 60-6,297, and
7 60-6,356, Revised Statutes Cumulative Supplement, 2018, and sections
8 60-107, 60-119.01, 60-144, 60-301, 60-302.01, 60-336.01, 60-386,
9 60-393, 60-395, 60-396, 60-3,104, 60-3,113.04, 60-3,122.03,
10 60-3,127, 60-3,130.04, 60-3,193.01, 60-3,198, 60-3,226, 60-3,230,
11 60-3,232, 60-3,234, 60-3,237, 60-3,238, 60-3,239, 60-3,240,
12 60-3,241, 60-3,242, 60-3,243, 60-462.01, 60-479.01, 60-495,
13 60-4,111.01, 60-4,132, 60-4,134, 60-4,147.02, 60-4,182, 60-501,
14 60-628.01, 60-6,265, 60-6,290, 60-2705, 60-2909.01, 75-363, 75-364,
15 75-366, 75-392, and 75-393, Revised Statutes Supplement, 2019; to
16 change provisions relating to the federal REAL ID Act of 2005 and
17 certain motor vehicle fees imposed by cities and villages; to update
18 certain federal references; to redefine handicapped or disabled
19 person for purposes of motor vehicle registration; to change
20 provisions relating to a certificate of title for a junked vehicle
21 and odometer statements; to provide for a refund or credit of fees
22 for a loss of possession due to natural disaster; to update a
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1 reference to the International Registration Plan; to eliminate
2 provisions relating to certain replacement permanent plates; to
3 authorize temporary license stickers as prescribed; to change and
4 provide provisions relating to license plates, fees, and
5 distribution of the fees; to provide for electronic delivery of an
6 operator's license or state identification card and for a remote
7 knowledge inquiry; to change provisions relating to restrictions to
8 a commercial driver's license and a commercial learner's permit,
9 lifetime disqualifications from operating a commercial motor
10 vehicle, the point system for traffic violations, and vehicle length
11 and weight limits; to provide for the crossing of a controlled-
12 access highway by an all-terrain vehicle or utility-type vehicle as
13 prescribed; to change provisions relating to the International Fuel
14 Tax Agreement Act; to define and redefine terms; to change certain
15 civil penalties; to change provisions relating to the unified
16 carrier registration plan and agreement; to create funds; to
17 harmonize provisions; to provide operative dates; to repeal the
18 original sections; and to declare an emergency.
19 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 4-111, Revised Statutes Cumulative Supplement,
2 2018, is amended to read:
3 4-111 (1) Verification of lawful presence in the United States
4 pursuant to section 4-108 requires that the applicant for public benefits
5 attest in a format prescribed by the Department of Administrative
6 Services that:
7 (a) He or she is a United States citizen; or
8 (b) He or she is a qualified alien under the federal Immigration and
9 Nationality Act, 8 U.S.C. 1101 et seq., as such act existed on January 1,
10 2009, and is lawfully present in the United States.
11 (2) A state agency or political subdivision of the State of Nebraska
12 may adopt and promulgate rules and regulations or procedures for the
13 electronic filing of the attestation required under subsection (1) of
14 this section if such attestation is substantially similar to the format
15 prescribed by the Department of Administrative Services.
16 (3)(a) The Legislature finds that it is in the best interest of the
17 State of Nebraska to make full use of the skills and talents in the state
18 by ensuring that a person who is work-authorized is able to obtain a
19 professional or commercial license and practice his or her profession.
20 (b) For purposes of a professional or commercial license, the
21 Legislature finds that a person not described in subdivision (1)(a) or
22 (1)(b) of this section who submits (i) an unexpired employment
23 authorization document issued by the United States Department of Homeland
24 Security, Form I-766, and (ii) documentation issued by the United States
25 Department of Homeland Security, the United States Citizenship and
26 Immigration Services, or any other federal agency, such as one of the
27 types of Form I-797 used by the United States Citizenship and Immigration
28 Services, demonstrating that such person is described in section 202(c)
29 (2)(B)(i) through (x) (ix) of the federal REAL ID Act of 2005, Public Law
30 109-13, has demonstrated lawful presence pursuant to section 4-108 and is
31 eligible to obtain such license. Such license shall be valid only for the
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1 period of time during which such person's employment authorization
2 document is valid. Nothing in this subsection shall affect the
3 requirements to obtain a professional or commercial license that are
4 unrelated to the lawful presence requirements demonstrated pursuant to
5 this subsection.
6 (c) Nothing in this subsection shall be construed to grant
7 eligibility for any public benefits other than obtaining a professional
8 or commercial license.
9 (d) Any person who has complied with the requirements of this
10 subsection shall have his or her employment authorization document
11 verified through the Systematic Alien Verification for Entitlements
12 Program operated by the United States Department of Homeland Security or
13 an equivalent program designated by the United States Department of
14 Homeland Security.
15 (e) The Legislature enacts this subsection pursuant to the authority
16 provided in 8 U.S.C. 1621(d), as such section existed on January 1, 2016.
17 Sec. 2. Section 18-1214, Reissue Revised Statutes of Nebraska, is
18 amended to read:
19 18-1214 (1)(a) (1) Except as otherwise provided in subsection (3)
20 of this section, the governing body of any city or village shall have
21 power to require any individual whose primary residence or person who
22 owns a place of business which is within the limits of the city or
23 village and that owns and operates a motor vehicle within such limits to
24 pay an annual motor vehicle fee and to require the payment of such fee
25 upon the change of ownership of such vehicle. All such fees which may be
26 provided for under this subsection shall be used exclusively for
27 constructing, repairing, maintaining, or improving streets, roads,
28 alleys, public ways, or parts thereof or for the amortization of bonded
29 indebtedness when created for such purposes.
30 (b) To ensure compatibility with the Vehicle Title and Registration
31 System maintained by the Department of Motor Vehicles:
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1 (i) Any city or village that collects the annual motor vehicle fee
2 authorized under this section shall use the plate types listed under
3 section 60-3,104 and, as applicable, weight categories listed under the
4 Motor Vehicle Registration Act when reporting information to the Vehicle
5 Title and Registration System; and
6 (ii) Any city or village that adopts an annual motor vehicle fee
7 under this section or that modifies an existing motor vehicle fee shall
8 notify the Department of Motor Vehicles of such new or modified fee
9 within ten business days after the passage of the ordinance authorizing
10 such new or modified fee and at least sixty days prior to the
11 implementation of such new or modified fee.
12 (2) No motor vehicle fee shall be required under this section if (a)
13 a vehicle is used or stored but temporarily in such city or village for a
14 period of six months or less in a twelve-month period, (b) an individual
15 does not have a primary residence or a person does not own a place of
16 business within the limits of the city or village and does not own and
17 operate a motor vehicle within the limits of the city or village, or (c)
18 an individual is a full-time student attending a postsecondary
19 institution within the limits of the city or village and the motor
20 vehicle's situs under the Motor Vehicle Certificate of Title Act is
21 different from the place at which he or she is attending such
22 institution.
23 (3) After December 31, 2012, no motor vehicle fee shall be required
24 of any individual whose primary residence is or person who owns a place
25 of business within the extraterritorial zoning jurisdiction of such city
26 or village.
27 (4) The fee shall be paid to the county treasurer of the county in
28 which such city or village is located when the registration fees as
29 provided in the Motor Vehicle Registration Act are paid. Such fees shall
30 be credited by the county treasurer to the road fund of such city or
31 village.
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1 (5) For purposes of this section:
2 (a) Limits of the city or village includes the extraterritorial
3 zoning jurisdiction of such city or village; and
4 (b) Person includes bodies corporate, societies, communities, the
5 public generally, individuals, partnerships, limited liability companies,
6 joint-stock companies, cooperatives, and associations. Person does not
7 include any federal, state, or local government or any political
8 subdivision thereof.
9 Sec. 3. Section 37-327.03, Reissue Revised Statutes of Nebraska, is
10 amended to read:
11 37-327.03 The Game and Parks State Park Improvement and Maintenance
12 Fund is created. The fund shall consist of transfers made by the
13 Legislature, money credited to the fund pursuant to section 50 of this
14 act, and any gifts, grants, bequests, or donations to the fund. The money
15 credited to the fund pursuant to section 50 of this act shall be used
16 only for the improvement and maintenance of state recreational trails as
17 defined in section 37-338. Any other money Money in the fund shall be
18 used to build, repair, renovate, rehabilitate, restore, modify, or
19 improve any infrastructure in the state park system. Any money in the
20 fund available for investment shall be invested by the state investment
21 officer pursuant to the Nebraska Capital Expansion Act and the Nebraska
22 State Funds Investment Act.
23 Sec. 4. Section 38-129, Reissue Revised Statutes of Nebraska, is
24 amended to read:
25 38-129 (1) No individual shall be issued a credential under the
26 Uniform Credentialing Act until he or she has furnished satisfactory
27 evidence to the department that he or she is of good character and has
28 attained the age of nineteen years except as otherwise specifically
29 provided by statute, rule, or regulation.
30 (2) A credential may only be issued to (a) a citizen of the United
31 States, (b) an alien lawfully admitted into the United States who is
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1 eligible for a credential under the Uniform Credentialing Act, (c) a
2 nonimmigrant lawfully present in the United States who is eligible for a
3 credential under the Uniform Credentialing Act, or (d) a person who
4 submits (i) an unexpired employment authorization document issued by the
5 United States Department of Homeland Security, Form I-766, and (ii)
6 documentation issued by the United States Department of Homeland
7 Security, the United States Citizenship and Immigration Services, or any
8 other federal agency, such as one of the types of Form I-797 used by the
9 United States Citizenship and Immigration Services, demonstrating that
10 such person is described in section 202(c)(2)(B)(i) through (x) (ix) of
11 the federal REAL ID Act of 2005, Public Law 109-13. Such credential shall
12 be valid only for the period of time during which such person's
13 employment authorization document is valid.
14 Sec. 5. Section 60-107, Revised Statutes Supplement, 2019, is
15 amended to read:
16 60-107 Cabin trailer means a trailer or a semitrailer, which is
17 designed, constructed, and equipped as a dwelling place, living abode, or
18 sleeping place, whether used for such purposes or instead permanently or
19 temporarily for the advertising, sale, display, or promotion of
20 merchandise or services or for any other commercial purpose except
21 transportation of property for hire or transportation of property for
22 distribution by a private carrier. Cabin trailer does not mean a trailer
23 or semitrailer which is permanently attached to real estate. There are
24 four classes of cabin trailers:
25 (1) Camping trailer which includes cabin trailers one hundred two
26 inches or less in width and forty feet or less in length and adjusted
27 mechanically smaller for towing;
28 (2) Mobile home which includes cabin trailers more than one hundred
29 two inches in width or more than forty feet in length;
30 (3) Travel trailer which includes cabin trailers not more than one
31 hundred two inches in width nor more than forty feet in length from front
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1 hitch to rear bumper, except as provided in subdivision (2)(k) of section
2 60-6,288; and
3 (4) Manufactured home means a structure, transportable in one or
4 more sections, which in the traveling mode is eight body feet or more in
5 width or forty body feet or more in length or when erected on site is
6 three hundred twenty or more square feet and which is built on a
7 permanent frame and designed to be used as a dwelling with or without a
8 permanent foundation when connected to the required utilities and
9 includes the plumbing, heating, air conditioning, and electrical systems
10 contained in the structure, except that manufactured home includes any
11 structure that meets all of the requirements of this subdivision other
12 than the size requirements and with respect to which the manufacturer
13 voluntarily files a certification required by the United States Secretary
14 of Housing and Urban Development and complies with the standards
15