Bill Summary – FastDemocracy

LB66                                                                                            LB66
                                                                                          2023
                                 LEGISLATURE OF NEBRASKA
                              ONE HUNDRED EIGHTH LEGISLATURE
                                        FIRST SESSION
                         LEGISLATIVE BILL 66
       Introduced by Slama, 1.
       Read first time January 05, 2023
       Committee: Transportation and Telecommunications
   A BILL FOR AN ACT relating to motor vehicles; to amend sections 23-187,
       60-103,     60-123,       60-135.01,      60-153,    60-305,    60-339,     60-358.01,
      60-3,100, 60-3,104, 60-3,143, 60-3,187, 60-3,190, 60-471, 60-4,114,
      60-4,123, 60-4,123.01, 60-601, 60-605, 60-6,252, 60-6,266, 60-6,270,
      60-6,279,    60-6,355,       and   60-6,356,        Reissue Revised Statutes of
       Nebraska,    and sections     60-3,135.01,       60-3,221,       60-462,   60-463,
      60-4,124, and 60-501, Revised Statutes Cumulative Supplement, 2022;
      to authorize county boards to regulate the operation of certain all-
      terrain vehicles and utility-type vehicles; to redefine terms; to
       change provisions of the Motor Vehicle Certificate of Title Act
       relating to     all-terrain vehicles and utility-type vehicles;    to
       provide for registration, fees, and taxes for certain all-terrain
       vehicles and utility-type vehicles under the Motor Vehicle
      Registration Act;    to change provisions of    the Motor Vehicle
       Operator's License Act; to change certain safety provisions and to
       authorize the operation of certain all-terrain vehicles and utility-
       type vehicles on certain highways as prescribed under the Nebraska
      Rules of the Road; to harmonize provisions; to provide an operative
      date; and to repeal the original sections.
  Be it enacted by the people of the State of Nebraska,
                                               -1-
LB66                                                                                                    LB66
                                                                                                  2023
       Section 1. Section 23-187, Reissue Revised Statutes of Nebraska, is
   amended to read:
      23-187 (1) In addition to the powers granted by section 23-104, a
   county may,      in the manner specified by    sections       23-187   to   23-193,
   regulate the following subjects by ordinance:
      (a) Parking of motor vehicles on public roads, highways, and rights-
   of-way as    it pertains to    snow removal for and access by    emergency
   vehicles to areas within the county;
      (b) Motor vehicles as defined in section 60-339 that are abandoned
   on public or private property;
       (c) Low-speed vehicles as described and operated pursuant to section
   60-6,380;
      (d) Golf car vehicles as described and operated pursuant to section
  60-6,381;
      (e) Graffiti on public or private property;
       (f) False alarms from electronic security systems that result in
   requests for emergency response from law enforcement or other emergency
   responders;
       (g) Violation of the public peace and good order of the county by
   disorderly conduct, lewd or lascivious behavior, or public nudity;
       (h)       Peddlers,        hawkers,    or solicitors operating for commercial
   purposes. If a county adopts an ordinance under this subdivision, the
   ordinance shall provide for registration of any such peddler, hawker, or
   solicitor without any fee and allow the operation or conduct of any
  registered peddler, hawker, or solicitor in all areas of the county where
  the county has jurisdiction and where a city or village has not otherwise
  regulated such operation or conduct; and
       (i) Operation of vehicles on any highway or restrictions on the
   weight of vehicles pursuant to section 60-681; and .
       (j)     Operation of     all-terrain vehicles and utility-type vehicles
  pursuant to section 60-6,356 on highways as defined in section 60-624
                                                       -2-
LB66                                                                                                  LB66
                                                                                                2023
   outside the corporate limits of a city or village.
         (2) For the enforcement of any ordinance authorized by this section,
  a county may impose fines, forfeitures, or penalties and provide for the
   recovery, collection, and enforcement of such fines, forfeitures, or
  penalties.     A    county may also authorize such other measures for the
  enforcement of ordinances as may be necessary and proper. A fine enacted
  pursuant to this section shall not exceed five hundred dollars for each
  offense.
          Sec. 2. Section 60-103, Reissue Revised Statutes of Nebraska, is
   amended to read:
          60-103 All-terrain vehicle means any motorized off-highway device
   manufactured for off-road use which (1) is fifty inches or less in width,
   (2) has a dry weight of twelve hundred pounds or less, (3) travels on
   three or more nonhighway tires, and (4) is designed for operator use only
   with no   passengers or   is specifically designed by   the original
   manufacturer for the operator and one passenger.
          Sec. 3. Section 60-123, Reissue Revised Statutes of Nebraska, is
   amended to read:
          60-123 Motor vehicle means any vehicle propelled by any power other
   than muscular power. Motor vehicle does not include (1) mopeds, (2) farm
   tractors, (3) self-propelled equipment designed and used exclusively to
   carry and apply fertilizer,     chemicals,         or related products to
   agricultural soil and crops, agricultural floater-spreader implements,
   and other implements of husbandry designed for and used primarily for
   tilling the soil and harvesting crops or feeding livestock, (4) power
   unit hay grinders or a combination which includes a power unit and a hay
   grinder when operated without cargo, (5) vehicles which run only on rails
   or tracks, (6) off-road designed vehicles not authorized by law for use
   on a highway, including, but not limited to, golf car vehicles, go-carts,
   riding lawnmowers, garden tractors, all-terrain vehicles, utility-type
   vehicles,      snowmobiles registered or   exempt from registration under
                                                   -3-
LB66                                                                                                         LB66
                                                                                                       2023
   sections     60-3,207         to   60-3,219,     and minibikes,         (7)   road and general-
   purpose construction and maintenance machinery not designed or   used
   primarily for the transportation of persons or property, including, but
   not limited to,      ditchdigging apparatus,         asphalt spreaders,       bucket
  loaders,      leveling graders,        earthmoving carryalls,        power shovels,
   earthmoving equipment, and crawler tractors, (8) self-propelled chairs
  used by    persons who are disabled,       (9)     electric personal assistive
  mobility devices, and (10) bicycles as defined in section 60-611.
          Sec. 4. Section 60-135.01, Reissue Revised Statutes of Nebraska, is
   amended to read:
         60-135.01 (1) Utility-type vehicle means any motorized off-highway
  device manufactured for off-road use which (a) is seventy-four inches in
  width or less, (b) is not more than one hundred eighty inches, including
   the bumper, in length, (c) has a dry weight of two thousand pounds or
   less, and (d) travels on four or more nonhighway tires.
          (2) Utility-type vehicle does not include all-terrain vehicles, golf
   car vehicles, or low-speed vehicles.
          Sec. 5. Section 60-153, Reissue Revised Statutes of Nebraska, is
   amended to read:
          60-153 (1) A certificate of title shall be printed upon safety
   security paper to be selected by the department. The certificate of
   title,       manufacturer's statement of        origin,      and assignment of
   manufacturer's certificate shall be     upon forms prescribed by   the
   department and may include, but shall not be limited to, county of
   issuance,         date of    issuance,       certificate of   title number,     previous
   certificate of title number, vehicle identification number, year, make,
   model, and body type of the vehicle, name and residential and mailing
   address of    the owner,        acquisition date,    issuing county treasurer's
   signature and official seal, and sufficient space for the notation and
  release of liens, mortgages, or encumbrances, if any. A certificate of
  title issued on or after September 1, 2007, shall include the words "void
                                                       -4-
LB66                                                                                                LB66
                                                                                              2023
  if altered". A certificate of title that is altered shall be deemed a
   mutilated certificate of title. The certificate of title of an all-
   terrain vehicle,    or utility-type vehicle shall include the words
  "manufactured for off-road use". The certificate of title of a , or
  minibike shall include the words "not to be registered for road use".
        (2) An assignment of certificate of title shall appear on each
   certificate of    title and shall include,     but not be   limited to,    a
  statement that the owner of the vehicle assigns all his or her right,
   title, and interest in the vehicle, the name and address of the assignee,
   the name and address of the lienholder or secured party, if any, and the
  signature of the owner or the owner's parent, legal guardian, foster
  parent, or agent in the case of an owner who is a handicapped or disabled
  person as defined in section 60-331.02.
         (3) A reassignment by a dealer shall appear on each certificate of
  title and shall include, but not be limited to, a statement that the
  dealer assigns all his or her right, title, and interest in the vehicle,
   the name and address of    the assignee,   the name and address of   the
   lienholder or secured party, if any, and the signature of the dealer or
   designated representative. Reassignments shall be printed on the reverse
   side of each certificate of title as many times as convenient.
        (4) The department may prescribe a secure power-of-attorney form and
  may contract with one or more persons to develop, provide, sell, and
   distribute secure power-of-attorney forms in the manner authorized or
  required by the federal Truth in Mileage Act of 1986 and any other
  federal law or regulation. Any secure power-of-attorney form authorized
  pursuant to a contract shall conform to the terms of the contract and be
  in strict compliance with the requirements of the department.
        (5) A certificate of title for a former military vehicle shall
  include the words "former military vehicle".
        Sec. 6. Section 60-305, Reissue Revised Statutes of Nebraska, is
  amended to read:
                                                  -5-
LB66                                                                                                  LB66
                                                                                                2023
         60-305 All-terrain vehicle means any motor motorized off-highway
  vehicle manufactured for off-road use which (1) is fifty inches or less
  in width, (2) has a dry weight of twelve hundred pounds or less, (3)
   travels on three or more nonhighway tires, and (4) is designed for
  operator use only with no passengers or is specifically designed by the
  original manufacturer for the operator and one passenger. All-terrain
  vehicles which have been modified or retrofitted with after-market parts
  to include additional equipment not required by sections 60-6,357 and
   60-6,358 shall not be registered under the Motor Vehicle Registration
  Act, nor shall such modified or retrofitted vehicles be eligible for
  registration in any other category of vehicle defined in the act.
         Sec. 7. Section 60-339, Reissue Revised Statutes of Nebraska, is
   amended to read:
        60-339 Motor vehicle means any vehicle propelled by any power other
  than muscular power. Motor vehicle does not include (1) mopeds, (2) farm
  tractors, (3) self-propelled equipment designed and used exclusively to
  carry and apply fertilizer,       chemicals,         or related products to
   agricultural soil and crops, agricultural floater-spreader implements,
   and other implements of husbandry designed for and used primarily for
  tilling the soil and harvesting crops or feeding livestock, (4) power
  unit hay grinders or a combination which includes a power unit and a hay
   grinder when operated without cargo, (5) vehicles which run only on rails
  or tracks, (6) off-road designed vehicles not authorized by law for use
   on a highway, including, but not limited to, golf car vehicles, go-carts,
  riding lawnmowers, garden tractors, all-terrain vehicles, utility-type
   vehicles,       snowmobiles registered or    exempt from registration under
  sections    60-3,207       to   60-3,219,   and minibikes,     (7)   road and general-
   purpose construction and maintenance machinery not designed or   used
   primarily for the transportation of persons or property, including, but
  not limited to,     ditchdigging apparatus,        asphalt spreaders,     bucket
  loaders,        leveling graders,      earthmoving carryalls,        power shovels,
                                                   -6-
LB66                                                                                            LB66
                                                                                          2023
   earthmoving equipment, and crawler tractors, (8) self-propelled chairs
   used by    persons who are disabled,       (9)    electric personal assistive
   mobility devices, and (10) bicycles as defined in section 60-611.
         Sec. 8. Section 60-358.01, Reissue Revised Statutes of Nebraska, is
  amended to read:
          60-358.01 (1) Utility-type vehicle means any motor motorized off-
   highway vehicle manufactured for off-road use which (a) is seventy-four
   inches in width or less, (b) is not more than one hundred eighty inches,
  including the bumper, in length, (c) has a dry weight of two thousand
   pounds or     less,   and   (d)   travels on   four or    more nonhighway tires.
   Utility-type vehicles which have been modified or retrofitted with after-
   market parts to include additional equipment not required by sections
  60-6,357 and 60-6,358 shall not be registered under the Motor Vehicle
   Registration Act, nor shall such modified or retrofitted vehicles be
   eligible for registration in any other category of vehicle defined in the
   act.
          (2) Utility-type vehicle does not include all-terrain vehicles, golf
   car vehicles, or low-speed vehicles.
          Sec. 9. Section 60-3,100, Reissue Revised Statutes of Nebraska, is
   amended to read:
          60-3,100 (1) The department shall issue to every person whose motor
   vehicle or trailer is registered one or two fully reflectorized license
   plates upon which shall be   displayed        (a)    the registration number
   consisting of letters and numerals assigned to such motor vehicle or
  trailer in figures not less than two and one-half inches nor more than
   three inches in height and (b) also the word Nebraska suitably lettered
  so as to be attractive. The license plates shall be of a color designated
  by the director. The color of the plates shall be changed each time the
   license plates are changed. Each time the license plates are changed, the
   director shall secure competitive bids for materials pursuant to sections
   81-145 to 81-162. Autocycle, motorcycle, minitruck, low-speed vehicle,
                                                -7-
LB66                                                                                              LB66
                                                                                            2023
   all-terrain vehicle and utility-type vehicle, and trailer license plate
   letters and numerals may be one-half the size of those required in this
   section.
       (2)(a) Except as otherwise provided in this subsection, two license
   plates shall be issued for every motor vehicle.
       (b) One license plate shall be issued for (i) all-terrain vehicles
   and utility-type vehicles, (ii) apportionable vehicles, (iii) (ii) buses,
   (iv) (iii) dealers, (v) (iv) minitrucks, (vi) (v) motorcycles, other than
   autocycles,    (vii)     (vi)   special interest motor vehicles that use the
   special interest motor vehicle license plate authorized by and issued
  under section 60-3,135.01, (viii) (vii) trailers, and (ix) (viii) truck-
  tractors.
       (c)(i)     One license plate shall be   issued,    upon request and
14