Session Review: Transportation and Telecommunications
Legislation considered by the Transportation and Telecommunications Committee this session effects changes to the rules of the road, law enforcement, driver’s licenses, road construction and the telecommunications industry.
Senators passed a bill restricting the use of wireless communication devices when operating motor vehicles.
LB945, introduced by Scottsbluff Sen. John Harms and approved 38-2, prohibits drivers from using handheld wireless communication devices to read, type or send written communications while operating a motor vehicle in motion. The bill exempts law enforcement, firefighters, emergency responders and those operating a vehicle in an emergency situation.
The bill’s provisions will be enforced as a secondary offense, meaning drivers must commit another traffic violation or other offense before they can be cited for texting while driving.
Those found in violation of the law will be fined $200 for a first offense, $300 for a second and $500 for third and subsequent offenses and will be assessed three points on their driver’s license.
Cell phone companies are now required to help law enforcement locate customers in danger under LB735.
Introduced by Papillion Sen. Tim Gay and passed 46-0, the bill requires that wireless carriers provide, as soon as is practicable, the best available call location information for a wireless device upon the request of a law enforcement agency.
The requirement applies to situations in which there is a risk or threat of death or serious physical harm. Under the bill, no cause of action will apply to a wireless company that provides call location information to law enforcement while acting in good faith in an emergency situation.
Under other legislation passed this session, driver’s licenses can be scanned to validate a customer’s age for alcohol or tobacco purchases or to approve a check.
Introduced by Tekamah Sen. Kent Rogert and passed 46-0, LB261 permits retailers selling alcohol, tobacco or lottery tickets to collect and store driver’s license numbers and state identification numbers by scanning barcodes on the back of identification cards. The information can be used by law enforcement only for the purpose of enforcing restrictions on age-sensitive products such as alcohol, tobacco and lottery tickets.
The bill also allows those persons approving a check or electronic funds transfer to store, compile and preserve information for certain purposes.
The Legislature passed a bill 47-0 that adds classes of street-legal vehicles.
LB650, introduced by Imperial Sen. Mark Christensen, permits the operation of minitrucks on all Nebraska roads except interstate highways, freeways and expressways. The bill has an operative date of Jan. 1, 2011.
Minitrucks must be no wider than 67 inches, weigh less than 4,200 pounds and have top speeds of approximately 55 mph. They must be titled, registered, insured and licensed. Only licensed motor vehicle dealers may sell minitrucks.
The bill also permits the operation of utility-type vehicles (UTVs) up to 30 mph during daylight hours on a two-lane highway if the UTV is being used for agricultural purposes, or within municipal limits if authorized by ordinance. Headlights, taillights and safety flags must be used during operation.
Golf carts and low-speed vehicles are not classified as UTVs.
UTV owners will be required to title their vehicle, obtain an operator’s license and procure liability insurance.
The state Department of Roads has a new criterion for prioritizing road projects under a bill passed 47-0.
LB821, introduced by Valentine Sen. Deb Fischer, designates preservation and maintenance of the existing state highway system as the department’s first priority when considering road projects.
LB926, introduced by Rogert, allows more state attractions to post informational road signs.
Informational signs for attractions may be erected within the right-of-way on interstate and state primary system roads. The bill, passed 47-0, allows signs for attractions of regional significance with the primary purpose of providing amusement, historical, cultural or leisure activity to the public. Eligible attractions are required to provide restroom facilities, drinking water and adequate parking.
Lawmakers also approved LB705, which eliminates a restriction prohibiting applicants for Disabled American Veteran, Pearl Harbor Survivor and Prisoner of War specialty license plates from registering more than one motor vehicle, trailer, semitrailer or cabin trailer. The bill was introduced by Malcolm Sen. Ken Haar and passed 46-0.
The cost for the license plates is $5 more per vehicle than the regular license plate fee. The $5 fee is deposited in the Nebraska Veteran Cemetery System Operation Fund.
Towing companies must notify owners of towed vehicles sooner under LB1065, introduced by Elk Creek Sen. Lavon Heidemann. Approved by lawmakers 46-1, the bill allows towing companies 15 business days to notify lienholders of towed vehicles. The previous requirement was 30 days.
The bill also requires towing companies to return a towed vehicle, upon receipt of towing and storage fees, to the vehicle’s owner, lienholder or any other person lawfully entitled to possession of the vehicle.
A bill that would have repealed the state’s motorcycle helmet law stalled after a motion to invoke cloture failed to garner enough votes.
LB200, introduced by Fremont Sen. Charlie Janssen, would have permitted motorcyclists 21 years of age and older to operate a vehicle without wearing a helmet, although it would have required that motorcyclists and their passengers wear eye protection.
A motion offered by Janssen to invoke cloture failed 27-20, six votes short of the 33 votes needed to cease debate. The bill was not rescheduled this session.
