Session Review 2012Transportation and Telecommunications

Session Review: Transportation and Telecommunications

Senators considered and passed legislation addressing a wide range of issues this session, including pedestrian and motor vehicle safety, hauling requirements and specialty license plates.

LB1030, introduced by North Platte Sen. Tom Hansen, requires that drivers keep a minimum distance of 3 feet when passing a pedestrian, bicycle or electric assistive mobility device traveling in the same direction on a roadway. Violators would be fined $100 to $300, depending upon the frequency of the offense.

Senators passed the bill on a 45-0 vote.

Under LB1039, introduced by Bancroft Sen. Lydia Brasch and passed 45-0, failing to stop for a school bus will result in a $500 fine and the assessment of three points on a driver’s license.

Drivers will be required to decrease speeds to 25 mph when the yellow warning lights on a bus are flashing and to stop if the red lights are flashing. At locations where the school district determines that 400 feet of clear vision in each direction is not possible, a bus could stop if a sign indicates that a school bus stop is ahead.

Ogallala Sen. Ken Schilz introduced LB740, passed 49-0, which allows semitrailer combinations hauling baled livestock forage to exceed a 40-foot limitation without exceeding a length of 59.5 feet, including the load.

LB841, introduced by Scottsbluff Sen. John Harms, restricts the length of combination vehicles hauling sugarbeets to up to 10 percent longer than that allowed by law. Such permits would be reduced from 210 days to 120 days for a distance of up to 70 miles in order to comply with federal law.

The bill passed on a 46-0 vote and takes effect immediately.

Valentine Sen. Deb Fischer introduced LB751, a bill that brings state motor carrier statutes up-to-date and changes ignition interlock provisions.

The changes adopted include:
• handicapped parking permit physical standards;
• the International Registration Plan for apportioned vehicles in interstate commerce;
• federal rules and regulations pertaining to commercial motor vehicles and commercial driver’s licenses;
• federal rules and regulations pertaining to hazardous materials and agricultural operations; and
• more specific language on which federal provisions the State Patrol is authorized to enforce.

The bill also allows a repeat drunken driving offender using an ignition interlock permit to drive to an ignition interlock service facility.

The bill was amended to include provisions of five other bills, all introduced by Fischer.

LB718 authorizes the handling of certificates of title in any county or the state Department of Motor Vehicles (DMV) and changes the distribution of title fees.

LB724 makes corrections to the medical certification program for commercial motor vehicle drivers and prohibits texting while driving a commercial motor vehicle.

LB726 eliminates the requirement that the DMV send out certain notices by certified or registered mail.

LB748 repeals two sections of statute requiring the courts to remit a list of outstanding arrest warrants to the department each month.

LB769 removes county treasurers’ authority to issue duplicate or replacement driver’s licenses. The bill also requires department employees who verify or produce driver’s licenses or state identification cards to submit their fingerprints to the FBI for a criminal history background check and prohibits juveniles who violate the Motor Vehicle Operator’s License Act from being eligible for an ignition interlock permit.

The bill passed on a 45-0 vote.

LB216, introduced by Lincoln Sen. Colby Coash, creates a special interest license plate that will be available to owners of motor vehicles that are unaltered from original specifications and are collected, preserved, restored or maintained for leisure. The plates must be attached to the rear of the vehicle.

Under the bill, the special interest vehicle can be driven only on public streets and roads for occasional transportation, public displays, parades and related pleasure or hobby activities. Violations will be a Class V misdemeanor. The fee for special interest license plates is $50.

The bill passed on a 44-1 vote.

Under LB1091, introduced by Fischer and passed 44-0, prepaid wireless phones are subject to both the wireless E911 fee and the telecommunication relay system fee. The fees will be collected at the point of sale.

Omaha Sen. John Nelson introduced LB418, a bill that would have created an exemption from registering automatic dialing-announcing devices with the Public Service Commission (PSC), giving regulatory authority to the Nebraska Accountability and Disclosure Commission (NADC). As amended, the bill would have required eligible persons who make automated calls relating to a political candidate or ballot to register the use of such a message with the NADC. It would not have required a submission of the entire script as the PSC currently requires.

The bill stalled on general file after a cloture motion failed on a 26-17 vote. Thirty-three votes were needed.

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