AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

AMENDMENTS TO LB 70

(Amendments to AM1153)

1 1. Strike amendment 1 and all amendments thereto and

2 insert the following new amendment:

3 "1. Strike the original sections and all amendments

4 thereto and insert the following new sections:

5 'Section 1. Section 39-2215, Reissue Revised Statutes of

6 Nebraska, is amended to read:

7 39-2215. (1) There is hereby created in the state

8 treasury a special fund to be known as the Highway Trust Fund.

9 (2) All funds credited to the Highway Trust Fund pursuant

10 to sections 66-4,140, 66-4,147, and 66-6,108, and related penalties

11 and interest, shall be allocated as provided in such sections.

12 (3) All other motor vehicle fuel taxes, diesel fuel

13 taxes, compressed fuel taxes, and alternative fuel taxes related to

14 highway use retained by the state, all motor vehicle registration

15 fees retained by the state other than those fees credited to the

16 State Recreation Road Fund pursuant to section 60-302, and other

17 highway-user taxes imposed by state law and allocated to the

18 Highway Trust Fund, except for the proceeds of the sales and use

19 taxes derived from motor vehicles, trailers, and semitrailers

20 credited to the fund pursuant to section 77-27,132, are hereby

21 irrevocably pledged for the terms of the bonds issued prior to

22 January 1, 1988, to the payment of the principal, interest, and

23 redemption premium, if any, of such bonds as they mature and become

-1-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 due at maturity or prior redemption and for any reserves therefor

2 and shall, as received by the State Treasurer, be deposited in the

3 fund for such purpose.

4 (4) Of the money in the fund specified in subsection (3)

5 of this section which is not required for the use specified in such

6 subsection, (a) prior to October 1, 2005, an amount equal to three _________________________

7 dollars times the number of motorcycles registered during the

8 previous month shall be placed in the Motorcycle Safety Education

9 Fund, on and after October 1, 2005, until January 1, 2007, an _______________________________________________________________

10 amount equal to eight dollars times the number of motorcycles ___________________________________________________________________

11 registered during the previous month shall be placed in the ___________________________________________________________________

12 Motorcycle Safety Education Fund, and on and after January 1, 2007, ___________________________________________________________________

13 an amount equal to eight dollars times the number of motorcycles ___________________________________________________________________

14 registered during the previous month shall be placed in the ___________________________________________________________________

15 Motorcycle Safety and Training Fund, (b) an amount to be determined ___________________________________

16 annually by the Legislature through the appropriations process may

17 be transferred to the Motor Fuel Tax Enforcement and Collection

18 Cash Fund for use as provided in section 66-738 on a monthly or

19 other less frequent basis as determined by the appropriation

20 language, (c) an amount to be determined annually by the

21 Legislature through the appropriations process shall be transferred

22 to the License Plate Cash Fund as needed to meet the current

23 obligations associated with the manufacture of license plates and

24 stickers or tabs provided for in sections 60-311, 60-311.02, and

25 60-1804, as certified by the Director of Motor Vehicles, and (d)

26 the remaining money may be used for the purchase for retirement of

27 the bonds issued prior to January 1, 1988, in the open market.

-2-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 (5) The State Treasurer shall monthly transfer, from the

2 proceeds of the sales and use taxes credited to the Highway Trust

3 Fund and any money remaining in the fund after the requirements of

4 subsections (2) through (4) of this section are satisfied, thirty

5 thousand dollars to the Grade Crossing Protection Fund.

6 (6) Except as provided in subsection (7) of this section,

7 the balance of the Highway Trust Fund shall be allocated

8 fifty-three and one-third percent, less the amount provided for in

9 section 39-847.01, to the Department of Roads, twenty-three and

10 one-third percent, less the amount provided for in section

11 39-847.01, to the various counties for road purposes, and

12 twenty-three and one-third percent to the various municipalities

13 for street purposes. If bonds are issued pursuant to subsection

14 (2) of section 39-2223, the portion allocated to the Department of

15 Roads shall be credited monthly to the Highway Restoration and

16 Improvement Bond Fund, and if no bonds are issued pursuant to such

17 subsection, the portion allocated to the department shall be

18 credited monthly to the Highway Cash Fund. The portions allocated

19 to the counties and municipalities shall be credited monthly to the

20 Highway Allocation Fund and distributed monthly as provided by law.

21 Vehicles accorded prorated registration pursuant to section 60-356

22 shall not be included in any formula involving motor vehicle

23 registrations used to determine the allocation and distribution of

24 state funds for highway purposes to political subdivisions.

25 (7) If it is determined by December 20 of any year that a

26 county will receive from its allocation of state-collected highway

27 revenue and from any funds relinquished to it by municipalities

-3-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 within its boundaries an amount in such year which is less than

2 such county received in state-collected highway revenue in calendar

3 year 1969, based upon the 1976 tax rates for highway-user fuels and

4 registration fees, the Department of Roads shall notify the State

5 Treasurer that an amount equal to the sum necessary to provide such

6 county with funds equal to such county's 1969 highway allocation

7 for such year shall be transferred to such county from the Highway

8 Trust Fund. Such makeup funds shall be matched by the county as

9 provided in sections 39-2501 to 39-2510. The balance remaining in

10 the fund after such transfer shall then be reallocated as provided

11 in subsection (6) of this section.

12 (8) The State Treasurer shall disburse the money in the

13 Highway Trust Fund as directed by resolution of the commission.

14 All disbursements from the fund shall be made upon warrants drawn

15 by the Director of Administrative Services. Any money in the fund

16 available for investment shall be invested by the state investment

17 officer pursuant to the Nebraska Capital Expansion Act and the

18 Nebraska State Funds Investment Act and the earnings, if any,

19 credited to the fund.

20 Sec. 2. Section 153, Legislative Bill 274, Ninety-ninth

21 Legislature, First Session, 2005, is amended to read:

22 Sec. 153. For the registration of every motorcycle until _____

23 October 1, 2005, the fee shall be six dollars. On and after _________________ ____________

24 October 1, 2005, for the registration of every motorcycle, the fee ___________________________________________________________________

25 shall be eleven dollars. ________________________

26 Sec. 3. Section 60-4,115, Reissue Revised Statutes of

27 Nebraska, is amended to read:

-4-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 60-4,115. (1) Fees for operator's licenses and state

2 identification cards shall be collected and distributed according

3 to the table in subsection (2) of this section. until the _ ————— ———

4 implementation date prescribed by the director in section —————————————— ———— —————————— —— ——— ———————— —— ———————

5 60-484.01, and beginning on such date, such fees shall be collected —————————— ——— ————————— —— ———— ————— ———— ———— ————— —— —————————

6 and distributed according to the table in subsection (3) of this ——— ——————————— ————————— —— ——— ————— —— —————————— ——— —— ————

7 section. County officials shall remit the county portion of the ————————

8 fees collected to the county treasurer for placement in the county

9 general fund. All other fees collected shall be remitted to the

10 State Treasurer for credit to the appropriate fund. The Prior to ——— _________

11 January 1, 2007, the State Treasurer shall transfer an amount equal ____________________

12 to three dollars and fifty cents times the number of original or

13 renewal Class M licenses issued pursuant to section 60-4,127 during

14 the previous year from the Department of Motor Vehicles Cash Fund

15 to the Motorcycle Safety Education Fund. On and after January 1, __________________________

16 2007, the State Treasurer shall transfer an amount equal to three ___________________________________________________________________

17 dollars and fifty cents times the number of original or renewal ___________________________________________________________________

18 Class M licenses issued pursuant to section 60-4,127 during the ___________________________________________________________________

19 previous year from the Department of Motor Vehicles Cash Fund to ___________________________________________________________________

20 the Motorcycle Safety and Training Fund. _______________________________________

21 (2) The fees provided in this subsection in the following ——— ———— ———————— —— ———— —————————— —— ——— —————————

22 dollar amounts shall apply until the implementation date prescribed —————— ——————— ————— ————— ————— ——— —————————————— ———— ——————————

23 by the director in section 60-484.01. —— ——— ———————— —— ——————— ——————————

24 Department ——————————

25 County of Motor State —————— —— ————— —————

26 Document Total General Vehicles General ———————— ————— ——————— ———————— ———————

27 Fee Fund Cash Fund Fund ——— ———— ———— ———— ————

-5-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 State identification card: ————— —————————————— —————

2 Valid for 1 year or less 3.75 2.75 0 1.00 ————— ——— — ———— —— ———— ———— ———— — ————

3 Valid for more than 1 year ————— ——— ———— ———— — ————

4 but not more than 2 years 7.50 2.75 1.50 3.25 ——— ——— ———— ———— — ————— ———— ———— ———— ————

5 Valid for more than 2 years ————— ——— ———— ———— — —————

6 but not more than 3 years 11.25 2.75 2.50 6.00 ——— ——— ———— ———— — ————— ————— ———— ———— ————

7 Valid for more than 3 years ————— ——— ———— ———— — —————

8 but not more than 4 years 15.00 2.75 4.00 8.25 ——— ——— ———— ———— — ————— ————— ———— ———— ————

9 Valid for more than 4 years ————— ——— ———— ———— — —————

10 for person under 21 18.75 2.75 4.00 12.00 ——— —————— ————— —— ————— ———— ———— —————

11 Valid for 5 years 18.75 3.50 5.00 10.25 ————— ——— — ————— ————— ———— ———— —————

12 Duplicate or replacement 6.25 2.75 1.25 2.25 ————————— —— ——————————— ———— ———— ———— ————

13 Class O or M operator's license: ————— — —— — —————————— ————————

14 Valid for 1 year or less 3.75 2.75 0 1.00 ————— ——— — ———— —— ———— ———— ———— — ————

15 Valid for more than 1 year ————— ——— ———— ———— — ————

16 but not more than 2 years 7.50 2.75 1.50 3.25 ——— ——— ———— ———— — ————— ———— ———— ———— ————

17 Valid for more than 2 years ————— ——— ———— ———— — —————

18 but not more than 3 years 11.25 2.75 2.50 6.00 ——— ——— ———— ———— — ————— ————— ———— ———— ————

19 Valid for more than 3 years ————— ——— ———— ———— — —————

20 but not more than 4 years 15.00 2.75 4.00 8.25 ——— ——— ———— ———— — ————— ————— ———— ———— ————

21 Valid for more than 4 years ————— ——— ———— ———— — —————

22 for person under 21 18.75 2.75 4.00 12.00 ——— —————— ————— —— ————— ———— ———— —————

23 Valid for 5 years 18.75 3.50 5.00 10.25 ————— ——— — ————— ————— ———— ———— —————

24 Bioptic or telescopic ——————— —— ——————————

25 lens restriction 3.75 2.75 0 1.00 ——————————————— ———— ———— — ————

26 Duplicate or replacement 6.25 2.75 1.25 2.25 ————————— —— ——————————— ———— ———— ———— ————

27 Provisional operator's permit: ——————————— —————————— ———————

-6-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 Original 10.00 2.75 7.25 0 ———————— ————— ———— ———— —

2 Duplicate or replacement 6.25 2.75 1.25 2.25 ————————— —— ——————————— ———— ———— ———— ————

3 LPD-learner's permit: ————————————— ———————

4 Original 3.00 .25 0 2.75 ———————— ———— ——— — ————

5 Duplicate or replacement 6.25 2.75 1.25 2.25 ————————— —— ——————————— ———— ———— ———— ————

6 LPE-learner's permit: ————————————— ———————

7 Original 3.00 .25 0 2.75 ———————— ———— ——— — ————

8 Duplicate or replacement 6.25 2.75 1.25 2.25 ————————— —— ——————————— ———— ———— ———— ————

9 School permit: —————— ———————

10 Original 3.00 .25 0 2.75 ———————— ———— ——— — ————

11 Duplicate 6.25 2.75 1.25 2.25 ————————— ———— ———— ———— ————

12 Farm permit: ———————————

13 Original or renewal 5.00 .25 0 4.75 ———————— —— ——————— ———— ——— — ————

14 Duplicate 5.00 .25 0 4.75 ————————— ———— ——— — ————

15 Temporary 5.00 .25 0 4.75 ————————— ———— ——— — ————

16 Driving permits: ——————— ————————

17 Employment 40.00 0 0 40.00 —————————— ————— — — —————

18 Medical hardship 40.00 0 0 40.00 ——————— ———————— ————— — — —————

19 Commercial driver's license: —————————— ———————— ————————

20 Valid for 1 year or less 14.00 1.75 0 12.25 ————— ——— — ———— —— ———— ————— ———— — —————

21 Valid for more than 1 year ————— ——— ———— ———— — ————

22 but not more than 2 years 22.00 1.75 0 20.25 ——— ——— ———— ———— — ————— ————— ———— — —————

23 Valid for more than 2 years ————— ——— ———— ———— — —————

24 but not more than 3 years 32.00 1.75 0 30.25 ——— ——— ———— ———— — ————— ————— ———— — —————

25 Valid for more than 3 years ————— ——— ———— ———— — —————

26 but not more than 4 years 40.00 1.75 0 38.25 ——— ——— ———— ———— — ————— ————— ———— — —————

27 Valid for more than 4 years ————— ——— ———— ———— — —————

-7-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 for person under 21 50.00 1.75 0 48.25 ——— —————— ————— —— ————— ———— — —————

2 Valid for 5 years 50.00 1.75 0 48.25 ————— ——— — ————— ————— ———— — —————

3 Duplicate or replacement 6.25 2.75 1.25 2.25 ————————— —— ——————————— ———— ———— ———— ————

4 Change of class, endorsement, —————— —— —————— ————————————

5 or restriction 5.00 1.75 0 3.25 ————————————— ———— ———— — ————

6 LPC-learner's permit: ————————————— ———————

7 Original or renewal 5.00 .25 0 4.75 ———————— —— ——————— ———— ——— — ————

8 Duplicate or replacement 5.00 .25 0 4.75 ————————— —— ——————————— ———— ——— — ————

9 Change of class, endorsement, —————— —— —————— ————————————

10 or restriction 5.00 .25 0 4.75 ————————————— ———— ——— — ————

11 Seasonal permit: ———————— ———————

12 Original or renewal 5.00 .25 0 4.75 ———————— —— ——————— ———— ——— — ————

13 Duplicate or replacement 5.00 .25 0 4.75 ————————— —— ——————————— ———— ——— — ————

14 Change of class, endorsement, —————— —— —————— ————————————

15 or restriction 5.00 .25 0 4.75 ————————————— ———— ——— — ————

16 (3) The fees provided in this subsection in the following ———

17 dollar amounts shall apply. beginning on the implementation date _ ————————— —— ——— —————————————— ————

18 prescribed by the director in section 60-484.01. —————————— —— ——— ———————— —— ——————— ——————————

19 Department

20 County of Motor State

21 Document Total General Vehicles General

22 Fee Fund Cash Fund Fund

23 State identification card:

24 Valid for 1 year or less 4.75 2.75 1.00 1.00

25 Valid for more than 1 year

26 but not more than 2 years 9.50 2.75 3.50 3.25

27 Valid for more than 2 years

-8-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 but not more than 3 years 14.25 2.75 5.50 6.00

2 Valid for more than 3 years

3 but not more than 4 years 19.00 2.75 8.00 8.25

4 Valid for more than 4 years

5 for person under 21 23.75 2.75 10.00 11.00

6 Valid for 5 years 23.75 3.50 10.00 10.25

7 Duplicate or replacement 11.25 2.75 6.25 2.25

8 Class O or M operator's license:

9 Valid for 1 year or less 4.75 2.75 1.00 1.00

10 Valid for more than 1 year

11 but not more than 2 years 9.50 2.75 3.50 3.25

12 Valid for more than 2 years

13 but not more than 3 years 14.25 2.75 5.50 6.00

14 Valid for more than 3 years

15 but not more than 4 years 19.00 2.75 8.00 8.25

16 Valid for 5 years 23.75 3.50 10.00 10.25

17 Bioptic or telescopic

18 lens restriction 4.75 0 4.75 0

19 Duplicate or replacement 11.25 2.75 6.25 2.25

20 Change of class or

21 restriction 5.00 0 5.00 0

22 Provisional operator's permit:

23 Original 15.00 2.75 12.25 0

24 Bioptic or telescopic

25 lens restriction 4.75 0 4.75 0

26 Duplicate or replacement 11.25 2.75 6.25 2.25

27 LPD-learner's permit:

-9-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 Original 8.00 .25 5.00 2.75

2 Duplicate or replacement 11.25 2.75 6.25 2.25

3 LPE-learner's permit:

4 Original 8.00 .25 5.00 2.75

5 Duplicate or replacement 11.25 2.75 6.25 2.25

6 School permit:

7 Original 8.00 .25 5.00 2.75

8 Duplicate 11.25 2.75 6.25 2.25

9 Farm permit:

10 Original or renewal 5.00 .25 0 4.75

11 Duplicate 5.00 .25 0 4.75

12 Temporary 5.00 .25 0 4.75

13 Driving permits:

14 Employment 45.00 0 5.00 40.00

15 Medical hardship 45.00 0 5.00 40.00

16 Commercial driver's license:

17 Valid for 1 year or less 11.00 1.75 5.00 4.25

18 Valid for more than 1 year

19 but not more than 2 years 22.00 1.75 5.00 15.25

20 Valid for more than 2 years

21 but not more than 3 years 33.00 1.75 5.00 26.25

22 Valid for more than 3 years

23 but not more than 4 years 44.00 1.75 5.00 37.25

24 Valid for 5 years 55.00 1.75 5.00 48.25

25 Bioptic or telescopic

26 lens restriction 11.00 1.75 5.00 4.25

27 Duplicate or replacement 11.25 2.75 6.25 2.25

-10-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 Change of class, endorsement,

2 or restriction 10.00 1.75 5.00 3.25

3 LPC-learner's permit:

4 Original or renewal 10.00 .25 5.00 4.75

5 Duplicate or replacement 10.00 .25 5.00 4.75

6 Change of class, endorsement,

7 or restriction 10.00 .25 5.00 4.75

8 Seasonal permit:

9 Original or renewal 10.00 .25 5.00 4.75

10 Duplicate or replacement 10.00 .25 5.00 4.75

11 Change of class, endorsement,

12 or restriction 10.00 .25 5.00 4.75

13 (3) If (4) Beginning on the implementation date ________ ——— ————————— —— ——— —————————————— ————

14 prescribed by the director in section 60-484.01, if the Department —————————— —— ——— ———————— —— ——————— —————————— ——

15 of Motor Vehicles issues an operator's license or a state

16 identification card, the department shall remit the county portion

17 of the fees to the State Treasurer for credit to the Department of

18 Motor Vehicles Cash Fund.

19 Sec. 4. Section 60-4,127, Reissue Revised Statutes of

20 Nebraska, is amended to read:

21 60-4,127. No person shall operate a motorcycle on the

22 alleys or highways of the State of Nebraska until such person has

23 obtained a Class M license. No such license shall be issued until

24 the applicant has appeared before an examiner, and (1) satisfied _ ——— ———

25 the examiner that he or she meets the vision and physical

26 requirements established under section 60-4,118 for operation of a

27 motor vehicle, and (2) successfully completed an examination, _ ———

-11-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 including the actual operation of a motorcycle, prescribed by the

2 director, except that an examiner shall waive the required

3 examination, including the actual operation of a motorcycle, (1) if ___

4 the applicant presents proof of successful completion, within the ______________

5 immediately preceding twelve months, of (a) a motorcycle safety _______________________________________ ___

6 course under the Motorcycle Safety Education Act completed prior to __________________

7 January 1, 2007, or (b) a motorcycle safety course under the ___________________________________________________________________

8 Motorcycle Safety and Training Act completed on or after January 1, ___________________________________________________________________

9 2007, within the immediately preceding forty-eight months or (2) if _____ —————— ——— ——————————— ————————— ——————————— —————— ___

10 the driving record abstract of the applicant maintained in the

11 computerized records of the Department of Motor Vehicles shows that

12 the applicant has had no traffic violations as described in section

13 60-4,182 from the date the applicant's Class M endorsement or Class ____________________________

14 M operator's license was last issued to the date of the abstract. _

15 Any applicant who qualifies for a Class M license shall

16 be issued a license for such operation by the county treasurer as

17 provided for the issuance of an operator's license, or if he or she

18 is the holder of an operator's license, the county treasurer shall,

19 upon receipt of the examiner's certificate, endorse on the license

20 the authorization to operate a motorcycle. Fees for Class M

21 licenses shall be as provided by section 60-4,115.

22 Sec. 5. Section 60-4,128, Reissue Revised Statutes of

23 Nebraska, is amended to read:

24 60-4,128. Any person violating the provisions of section

25 60-4,127 shall be guilty of a traffic infraction and shall upon

26 conviction thereof be fined not less than ten seventy-five dollars ——— ____________

27 nor more than one hundred dollars. In addition, a person operating

-12-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 a motorcycle without a Class M license may be required to complete

2 the basic (1) a motorcycle safety course as provided in under the ——— ————— _____ —— ———————— —— _____

3 Motorcycle Safety Education Act completed prior to January 1, 2007, ___________________________________

4 or (2) a motorcycle safety course under the Motorcycle Safety and ___________________________________________________________________

5 Training Act completed on or after January 1, 2007. __________________________________________________

6 Sec. 6. Section 60-4,182, Reissue Revised Statutes of

7 Nebraska, is amended to read:

8 60-4,182. In order to prevent and eliminate successive

9 traffic violations, there is hereby provided a point system dealing

10 with traffic violations as disclosed by the files of the director.

11 The following point system shall be adopted:

12 (1) Conviction of motor vehicle homicide -- 12 points;

13 (2) Third offense drunken driving in violation of any

14 city or village ordinance or of section 60-6,196, as disclosed by

15 the records of the director, regardless of whether the trial court

16 found the same to be a third offense -- 12 points;

17 (3) Failure to stop and render aid as required under the

18 laws of this state in the event of involvement in a motor vehicle

19 accident resulting in the death or personal injury of another -- 6

20 points;

21 (4) Failure to stop and render aid as required under the

22 laws of this state or any city or village ordinance in the event of

23 a motor vehicle accident resulting in property damage if such

24 accident is reported by the owner or operator within twelve hours

25 from the time of the accident -- 4 points, otherwise -- 8 points,

26 and for purposes of this subdivision a telephone call or other

27 notification to the appropriate peace officers shall be deemed to

-13-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 be a report;

2 (5) Driving a motor vehicle while under the influence of

3 alcoholic liquor or any drug or when such person has a

4 concentration of eight-hundredths of one gram or more by weight of

5 alcohol per one hundred milliliters of his or her blood or per two

6 hundred ten liters of his or her breath in violation of any city or

7 village ordinance or of section 60-6,196 -- 6 points;

8 (6) Willful reckless driving in violation of any city or

9 village ordinance or of section 60-6,214 or 60-6,217 -- 6 points;

10 (7) Careless driving in violation of any city or village

11 ordinance or of section 60-6,212 -- 4 points;

12 (8) Negligent driving in violation of any city or village

13 ordinance -- 3 points;

14 (9) Reckless driving in violation of any city or village

15 ordinance or of section 60-6,213 -- 5 points;

16 (10) Speeding in violation of any city or village

17 ordinance or any of sections 60-6,185 to 60-6,190 and 60-6,313:

18 (a) Not more than five miles per hour over the speed

19 limit -- 1 point;

20 (b) More than five miles per hour but not more than ten

21 miles per hour over the speed limit -- 2 points; and

22 (c) More than ten miles per hour over the speed limit --

23 3 points, except that one point shall be assessed upon conviction

24 of exceeding by not more than ten miles per hour, two points shall

25 be assessed upon conviction of exceeding by more than ten miles per

26 hour but not more than fifteen miles per hour, and three points

27 shall be assessed upon conviction of exceeding by more than fifteen

-14-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 miles per hour the speed limits provided for in subdivision (1)(e),

2 (f), or (g) of section 60-6,186;

3 (11) Failure to yield to a pedestrian not resulting in

4 bodily injury to a pedestrian -- 2 points;

5 (12) Failure to yield to a pedestrian resulting in bodily

6 injury to a pedestrian -- 4 points; and

7 (13) All other traffic violations involving the operation

8 of motor vehicles by the operator for which reports to the

9 Department of Motor Vehicles are required under sections 60-497.01

10 and 60-497.02, not including violations involving an occupant

11 protection system pursuant to section 60-6,270, parking violations,

12 violations for operating a motor vehicle without a valid operator's

13 license in the operator's possession, muffler violations,

14 overwidth, overheight, or overlength violations, motorcycle or

15 moped protective helmet or eye protection violations, or ____________________

16 overloading of trucks -- 1 point.

17 All such points shall be assessed against the driving

18 record of the operator as of the date of the violation for which

19 conviction was had. Points may be reduced by the department under

20 section 60-4,188.

21 In all cases, the forfeiture of bail not vacated shall be

22 regarded as equivalent to the conviction of the offense with which

23 the operator was charged.

24 The point system shall not apply to persons convicted of

25 traffic violations committed while operating a bicycle or an

26 electric personal assistive mobility device as defined in section

27 60-618.02.

-15-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 Sec. 7. Section 60-6,279, Reissue Revised Statutes of

2 Nebraska, is amended to read:

3 60-6,279. (1) Except as otherwise provided in __________________________________________

4 subsections (2) and (3) of this section, a A person shall not ____________________________________________ —

5 operate or be a passenger on a motorcycle or moped on any highway

6 in this state unless such person is wearing eye protection and a ____________________

7 protective helmet of the type and design manufactured for use by

8 operators of such vehicles and unless such helmet is secured

9 properly on his or her head with a chin strap while the vehicle is

10 in motion. All such protective helmets shall be designed to reduce

11 injuries to the user resulting from head impacts and shall be

12 designed to protect the user by remaining on the user's head,

13 deflecting blows, resisting penetration, and spreading the force of

14 impact. Each such helmet shall consist of lining, padding, and

15 chin strap and shall meet or exceed the standards established in

16 the United States Department of Transportation's Federal Motor

17 Vehicle Safety Standard No. 218, 49 C.F.R. 571.218, for motorcycle

18 helmets.

19 (2) Except as otherwise provided in subsection (3) of _________________________________________________________

20 this section, a person shall be exempt from subsection (1) of this ___________________________________________________________________

21 section if he or she (a) is at least twenty-one years of age, (b) ___________________________________________________________________

22 is equipped with eye protection, and (c) carries proof of ___________________________________________________________________

23 successful completion of (i) a motorcycle safety course under the ___________________________________________________________________

24 Motorcycle Safety Education Act completed prior to January 1, 2007, ___________________________________________________________________

25 or (ii) a motorcycle safety course under the Motorcycle Safety and ___________________________________________________________________

26 Training Act completed on or after January 1, 2007. Proof of ___________________________________________________________________

27 completion of a motorcycle safety course provided by a nationally ___________________________________________________________________

-16-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 recognized motorcycle safety foundation shall meet the requirements ___________________________________________________________________

2 of a course for purposes of this subsection. Such proof of course ___________________________________________________________________

3 completion shall be available for inspection upon demand of any law ___________________________________________________________________

4 enforcement officer. ____________________

5 (3) A person shall be exempt from subsection (1) of this _________________________________________________________

6 section if he or she (a) was born prior to January 1, 1986, (b) had ___________________________________________________________________

7 a Class M license prior to January 1, 2005, and (c) is equipped ___________________________________________________________________

8 with eye protection. ____________________

9 (4) Except for the eye protection requirements of this _________________________________________________________

10 section, enforcement of this section by state or local law ___________________________________________________________________

11 enforcement agencies shall be accomplished only as a secondary ___________________________________________________________________

12 action when an operator or passenger has been cited or charged with ___________________________________________________________________

13 a violation or some other offense. __________________________________

14 (5) For purposes of this section, eye protection means _________________________________________________________

15 glasses that cover the orbital region of the operator's face, a ___________________________________________________________________

16 protective face shield attached to a protective helmet, goggles, or ___________________________________________________________________

17 a windshield on the motorcycle that protects the operator's ___________________________________________________________________

18 horizontal line of vision in all operating positions. _____________________________________________________

19 Sec. 8. Sections 8 to 21 of this act shall be known and ________________________________________________

20 may be cited as the Motorcycle Safety and Training Act. _______________________________________________________

21 Sec. 9. Section 60-2125, Reissue Revised Statutes of

22 Nebraska, is amended to read:

23 60-2125. (1) The department Department of Motor Vehicles ———————— ——— —————————— ____________________________

24 shall establish minimum requirements for a both basic and advanced _ ———— ————— ——— ————————

25 motorcycle safety courses which qualify for reimbursement under the ——————— ————— ——————— ——— ————————————— ————— ———

26 Motorcycle Safety Education Act course. The courses course shall —————————— —————— ————————— ——— ______ ——————— ______

27 be designed to develop, instill, and improve the knowledge,

-17-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 attitudes, habits, and skills necessary for safe operation of a

2 motorcycle.

3 (2) Minimum requirements for a basic course shall ——— ——————— ———————————— ——— — ————— —————— —————

4 include, but not be limited to: ———————— ——— ——— —— ——————— ———

5 (a) At least six hours of classroom instruction and ——— —— ————— ——— ————— —— ————————— ——————————— ———

6 sufficient laboratory instruction time for the student to apply and —————————— —————————— ——————————— ———— ——— ——— ——————— —— ————— ———

7 practice through observation and actual driving experience what has ———————— ——————— ——————————— ——— —————— ——————— —————————— ———— ———

8 been learned in the classroom; ———— ——————— —— ——— ——————————

9 (b) At least eight hours of laboratory instruction time ——— —— ————— ————— ————— —— —————————— ——————————— ————

10 which includes actual driving of a motorcycle by the student; and ————— ———————— —————— ——————— —— — —————————— —— ——— ———————— ———

11 (c) Classroom and laboratory instruction shall be ——— ————————— ——— —————————— ——————————— ————— ——

12 scheduled in an integrated and correlated sequence with laboratory ————————— —— —— —————————— ——— —————————— ———————— ———— ——————————

13 driving experience following the relevant classroom instruction. ——————— —————————— ————————— ——— ———————— ————————— ————————————

14 (3) Minimum requirements for an advanced course shall ——— ——————— ———————————— ——— —— ———————— —————— —————

15 include, but not be limited to, at least six hours of coordinated ———————— ——— ——— —— ——————— ——— —— ————— ——— ————— —— ———————————

16 classroom and laboratory instruction and driving experience ————————— ——— —————————— ——————————— ——— ——————— ——————————

17 specifically designed for the experienced motorcycle operator. ———————————— ———————— ——— ——— ——————————— —————————— —————————

18 Sec. 10. Section 60-2126, Reissue Revised Statutes of

19 Nebraska, is amended to read:

20 60-2126. A school, business, or organization conducting ————————

21 a basic or advanced motorcycle safety course for which ————— —— ———————— ——— —————

22 reimbursement will be requested shall submit to the director ————————————— ———— —— ————————— ————————

23 Director of Motor Vehicles a request for approval of such course _____________________________

24 along with the names of all certified instructors who will be

25 teaching such course. The director shall approve such course if it

26 meets the requirements of section 60-2125 9 of this act and rules ——————— _______________________

27 and regulations adopted and promulgated by the Department of Motor ___________________________________________________________________

-18-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 Vehicles and will be taught by a certified instructor. Each ________ ____

2 request for approval of a motorcycle safety course shall be ___________________________________________________________________

3 accompanied by a fee of fifty dollars. The fees collected under ___________________________________________________________________

4 this section shall be remitted to the State Treasurer for credit to ___________________________________________________________________

5 the Motorcycle Safety and Training Fund. The director may cancel, ___________________________________________________________________

6 suspend, or revoke the approval of or refuse to approve a ___________________________________________________________________

7 motorcycle safety course for failure to comply with section 9 of ___________________________________________________________________

8 this act and rules and regulations adopted and promulgated by the ___________________________________________________________________

9 department or for good cause shown. Any action taken by the ___________________________________________________________________

10 director to cancel, suspend, or revoke the approval of or refuse to ___________________________________________________________________

11 approve a motorcycle safety course shall comply with the ___________________________________________________________________

12 Administrative Procedure Act. _____________________________

13 Sec. 11. Section 60-2129, Reissue Revised Statutes of

14 Nebraska, is amended to read:

15 60-2129. The director Director of Motor Vehicles shall ———————— ———————— ___________________________

16 establish minimum education requirements for chief instructors. —————

17 The director shall issue permits in the manner and form prescribed

18 by the director to at least three chief instructor applicants who —— ————— ————— ————— ——————————

19 meet the minimum education requirements. Chief instructors shall ————— ——————————— —————

20 teach the motorcycle safety instructor preparation course in any ————— ——— —————————— —————— —————————— ——————————— —————— —— ———

21 one of the three congressional districts as assigned by the ——— —— ——— ————— ————————————— ————————— —— ———————— —— ———

22 director. —————————

23 If the certification requirements are comparable to the

24 requirements in this state, a person currently certified as a chief ————————— — —————

25 an instructor by another state or recognized accrediting __

26 organization may be issued a chief an instructor's permit by the — ————— __

27 department Department of Motor Vehicles without having to receive —————————— ____________________________

-19-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 the training required by this section.

2 Sec. 12. Section 60-2130, Reissue Revised Statutes of

3 Nebraska, is amended to read:

4 60-2130. All permits An instructor's permit issued under ———————— ——— ——————— ______________________

5 sections 60-2127 and 60-2129 section 11 of this act shall be valid ———————— ——————— ——— ——————— ______________________

6 for three years and may be renewed upon application to the director ————————

7 Director of Motor Vehicles as prescribed by the rules and ______________________________ __________

8 regulations of the department Department of Motor Vehicles. If the ——————————____________________________

9 applicant is an individual, the application for a permit shall

10 include the applicant's social security number. Each application

11 for a new or renewal motorcycle safety instructor's permit or chief ———————————————— —— —————

12 instructor's permit shall be accompanied by a fee of five dollars. ———————————— ——————

13 The fees collected under this section shall be placed in the state —————— —— ——— —————

14 treasury and by remitted to the State Treasurer credited for credit ———————— ——— —— ___________ ———————— __________

15 to the General Motorcycle Safety and Training Fund. No fee shall ———————______________________________

16 be refunded in the event that the permit is rejected, suspended, or

17 revoked.

18 Sec. 13. Section 60-2131, Reissue Revised Statutes of

19 Nebraska, is amended to read:

20 60-2131. The director Director of Motor Vehicles may ———————— ———————— ____________________________

21 cancel, suspend, revoke, or refuse to issue or renew a motorcycle — ——————————

22 safety instructor's permit or chief an instructor's permit issued —————— ———————————— —————— —— ————— __ ______

23 under section 11 of this act in any case when the director finds _______________________________

24 the permittee or applicant has not complied with or has violated

25 the Motorcycle Safety Education and Training Act or any rule or ————————— ____________

26 regulation adopted and promulgated by the director Department of ———————— ______________

27 Motor Vehicles. A suspended or revoked permit shall be returned to ______________

-20-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 the director by the permittee, and its holder shall not be eligible

2 to apply for a permit under such section 60-2127 or 60-2129 until ____ ——————— —— ———————

3 twelve months have elapsed since the date of such suspension or

4 revocation. Any action taken by the director to cancel, suspend,

5 revoke, or refuse to issue or renew a permit shall comply with the

6 Administrative Procedure Act.

7 Sec. 14. Section 60-2132, Reissue Revised Statutes of

8 Nebraska, is amended to read:

9 60-2132. There is hereby created a Motorcycle Safety ————————

10 Education Fund in the state treasury which shall consist of money

11 transferred pursuant to sections 39-2215 and 60-4,115 and such

12 money as may be appropriated by the Legislature. The Motorcycle ______________

13 Safety Education Fund shall terminate on January 1, 2007. The ___________________________________________________________________

14 State Treasurer shall transfer any money remaining in the fund to ___________________________________________________________________

15 the Motorcycle Safety and Training Fund. ________________________________________

16 The Motorcycle Safety and Training Fund is created and _________________________________________________________

17 shall consist of money transferred pursuant to section 39-2215 and ___________________________________________________________________

18 such money as may be appropriated by the Legislature. The fund ______________________________________________________

19 shall be administered under the highway safety program of the

20 department Department of Motor Vehicles. The fund shall be used —————————— ____________________________

21 for the administration of the Motorcycle Safety Education and ————————— ___

22 Training Act, to reimburse approved schools, businesses, or ________

23 organizations for conducting approved basic motorcycle safety

24 courses, to provide educational assistance, to prepare sites for

25 offering the basic motorcycle safety course, to reimburse approved

26 schools, businesses, or organizations for conducting approved

27 advanced motorcycle safety courses, and to promote motorcycle

-21-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 safety. Any money in the fund available for investment shall be

2 invested by the state investment officer pursuant to the Nebraska

3 Capital Expansion Act and the Nebraska State Funds Investment Act.

4 Sec. 15. Section 60-2133, Reissue Revised Statutes of

5 Nebraska, is amended to read:

6 60-2133. On November 1 of each year, the balance of the ————————

7 fund Motorcycle Safety and Training Fund after the administration ————___________________________________

8 expenses have been deducted shall be apportioned for use as

9 provided in sections 60-2134 to 60-2138 16 to 19 of this act ——————— —— ——————— _________________________

10 according to the following priorities: (1) To the school,

11 business, or organization conducting an approved basic motorcycle

12 safety course on the basis of the lesser of the actual cost of the

13 course or seventy-five dollars for each student having completed

14 the course in the immediately preceding twelve-month period as

15 certified by the director Director of Motor Vehicles; (2) for ———————— _____________________________ ———

16 educational assistance for chief instructors; (3) for educational ——————————— —————————— ——— ————— ———————————— ———

17 assistance for motorcycle safety instructors; (4) (3) to prepare ——— ___

18 sites for offering the basic motorcycle safety course; (5) (4) to ——— ___

19 the school, business, or organization conducting an approved

20 advanced motorcycle safety course on the basis of the lesser of the

21 actual cost of the course or up to thirty-five dollars, at the

22 discretion of the director, for each student having completed the

23 course in the immediately preceding twelve-month period as

24 certified by the director; and (6) (5) to the department Department ———___ —————————— __________

25 of Motor Vehicles for promotional materials. If the fund is _________________

26 insufficient to be apportioned among such priorities, the director

27 shall allocate funds to one priority before allocating to the next

-22-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 priority. If the fund is insufficient to be apportioned within a

2 priority, the director shall prorate the funds within the priority

3 on the basis of equity.

4 Sec. 16. Section 60-2135, Reissue Revised Statutes of

5 Nebraska, is amended to read:

6 60-2135. The department Department of Motor Vehicles may ———————— —————————— ____________________________

7 expend amounts in the fund Motorcycle Safety and Training Fund ————___________________________________

8 pursuant to the priorities provided in section 60-2133 15 of this ——————— ____________

9 act for reimbursement to persons who successfully complete a ___

10 motorcycle safety instructor preparation course. Such

11 reimbursement shall be made to not more than twelve persons per

12 year and shall not exceed two hundred fifty dollars per person.

13 The reimbursement may include reimbursement for meals, housing,

14 tuition, and similar costs. The department may adopt and

15 promulgate rules and regulations to carry out this section.

16 Sec. 17. Section 60-2136, Reissue Revised Statutes of

17 Nebraska, is amended to read:

18 60-2136. Until there are ten twenty sites in actual ———————— ——— ______

19 operation in this state created under this section which offer an

20 approved basic motorcycle safety course, the department Department —————————— __________

21 of Motor Vehicles shall, pursuant to the priorities provided in ___________________

22 section 60-2133 15 of this act, award a grant not to exceed fifteen ———————______________

23 hundred dollars to each school, business, or organization which

24 prepares, maintains, and makes available a site for conducting an

25 approved basic motorcycle safety course. The application for the

26 grant shall contain: (1) A complete description of the physical

27 facilities, equipment, and services available at the site; (2) the

-23-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 cost charged for the use of the site to anyone wishing to conduct

2 either motorcycle safety course at the site; (3) any rules and

3 regulations governing the use of the site; (4) an agreement that

4 the site will be maintained and available for conducting either or

5 both of the motorcycle safety courses for a period of three years

6 from the date the grant is received by the applicant; and (5) any

7 additional information which the director Director of Motor ———————— ____________________

8 Vehicles may require. The director shall ensure that the sites are ________

9 geographically diverse throughout the state and that the applicant

10 has the competence to prepare a site and the authority to offer the

11 site for conducting the basic motorcycle safety course.

12 Sec. 18. Section 60-2137, Reissue Revised Statutes of

13 Nebraska, is amended to read:

14 60-2137. A school, business, or organization conducting ————————

15 a basic or advanced motorcycle safety course shall be eligible for

16 reimbursement for the cost of conducting such course for any

17 student if (1) the teacher is an approved motorcycle safety

18 instructor, (2) the course is approved by the department Department —————————— __________

19 of Motor Vehicles, (3) the student taking the course had a ___________________

20 learner's permit or a motor vehicle operator's license while

21 enrolled in the class, and (4) each student for whom reimbursement

22 is claimed completed the course. The amount of reimbursement shall

23 be determined under section 60-2133 15 of this act and pursuant to ———————______________

24 the priorities provided in such section.

25 Sec. 19. Section 60-2138, Reissue Revised Statutes of

26 Nebraska, is amended to read:

27 60-2138. The department Department of Motor Vehicles may ———————— —————————— ____________________________

-24-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 expend any amount remaining in the fund Motorcycle Safety and ———— _______________________

2 Training Fund, after apportionment is made in accordance with ______________

3 subdivisions (1) to (5) through (4) of section 60-2133 15 of this —— ——— ___________ ——————— ____________

4 act, for development, acquisition, printing, and distribution of ___

5 materials which promote motorcycle safety and motorcycle awareness,

6 including the motorcycle safety courses, except that the amount

7 expended to promote motorcycle safety and motorcycle awareness

8 shall not exceed fifteen percent of the total amount placed in the

9 fund each fiscal year. The promotional materials may include

10 brochures, posters, and booklets, but shall not include billboards, ——— _ ——— ————— ——— ——————— _

11 or and radio or television promotion. ——___

12 Sec. 20. Section 60-2139, Reissue Revised Statutes of

13 Nebraska, is amended to read:

14 60-2139. The director Department of Motor Vehicles shall ———————— ———————— ____________________________

15 adopt and promulgate such rules and regulations for the

16 administration and enforcement of the Motorcycle Safety Education —————————

17 and Training Act as are necessary. In adopting such rules and _____________

18 regulations, the director department shall comply with the ———————— __________

19 Administrative Procedure Act.

20 Sec. 21. Any person, firm, or corporation violating any ______________________________________________

21 provision of the Motorcycle Safety and Training Act shall be guilty ___________________________________________________________________

22 of a Class III misdemeanor. ___________________________

23 Sec. 22. Sections 6 to 21, 23, and 25 of this act become

24 operative on January 1, 2007. The other sections of this act

25 become operative on their effective date.

26 Sec. 23. Original sections 60-4,182, 60-6,279, 60-2125,

27 60-2126, 60-2129, 60-2130, 60-2131, 60-2132, 60-2133, and 60-2135

-25-

AM1770 AM1770

LB70 LB 70

NPN-06-01 NPN-06-01

1 to 60-2139, Reissue Revised Statutes of Nebraska, are repealed.

2 Sec. 24. Original sections 39-2215, 60-4,115, 60-4,127,

3 and 60-4,128, Reissue Revised Statutes of Nebraska, and section

4 153, Legislative Bill 274, Ninety-ninth Legislature, First Session,

5 2005, are repealed.

6 Sec. 25. The following sections are outright repealed:

7 Sections 60-2120, 60-2121, 60-2127, 60-2128, and 60-2134, Reissue

8 Revised Statutes of Nebraska.'.".

-26-