Session Review: Transportation and Telecommunications
Measures that increase driver record fees, modify the common carrier licensing process and allow the issuance of one license plate for each registered motor vehicle rather than two were among those considered by the Transportation and Telecommunications Committee this session.
DMV updates, license plate requirements
Lawmakers approved a committee omnibus bill that aligns Nebraska’s transportation statutes with federal regulations.
Introduced by Sen. Mike Moser of Columbus, LB398 ensures that the state complies with the most recent federal laws and regulations that govern the state Department of Motor Vehicles and Nebraska State Patrol.
Among other changes, the bill increases civil penalties for commercial driver’s license violations, updates medical certification requirements for CDL holders and requires the department to post certain information to the Commercial Driver License Information System.
As amended, the measure includes provisions of six other bills heard by the committee this session:
• LB114, sponsored by Moser, increases fees for certain driver and motor vehicle record searches;
• LB134, introduced by Bellevue Sen. Rick Holdcroft, requires the department to create six license plate designs intended to honor veterans and military service members;
• LB175, sponsored by Sen. Bob Hallstrom of Syracuse, requires a railroad’s successor in interest to provide at least one adequate crossing for a person who owns land on both sides of a right-of-way;
• LB343, introduced by Plymouth Sen. Tom Brandt, decreases the organizational license plate fee from $70 to $40, the same as the alternate license plate fee;
• LB563, also sponsored by Brandt, requires the department to issue permanent license plates for commercial fertilizer trailers; and
• LB568, introduced by Omaha Sen. John Fredrickson, requires the department to issue Arbor Day license plates, with associated fees directed to a new environmental grant fund administered by the University of Nebraska Board of Regents.
LB398 passed on a vote of 45-4 and took effect immediately.
LB97, sponsored by Fredrickson and passed 46-0, includes several technical updates requested by the DMV to improve processes and align Nebraska with federal regulations.
Among other changes, the bill exempts fertilizer trailers from titling requirements, prohibits modification of license plates, defines or redefines amphibious vehicles, junk vehicles and minibikes and adds telephone numbers and email addresses to the list of sensitive personal information under the Uniform Motor Vehicle Records Disclosure Act.
LB97 includes provisions of LB225, sponsored by Omaha Sen. Dunixi Guereca, eliminating a requirement that individuals notarize applications for duplicate certificates of title.
The amended provisions of LB279, introduced by Sen. R. Brad von Gillern of Elkhorn, require the department to issue one license plate rather than two for every registered motor vehicle or trailer beginning with the 2029 license plate issuance cycle. The measure requires license plates to be displayed on the rear of the vehicle.
Under the provisions of LB543, sponsored by Norfolk Sen. Robert Dover, the department may deliver license plates or registration certificates to an applicant or applicable county treasurer by U.S. mail or an alternative shipping service beginning with the next license plate issuance cycle.
The department may charge a postage and handling fee to cover the cost of the specific items mailed. Drivers who present proof of registration may operate the applicable motor vehicle for 30 days without a mailed license plate displayed.
The measure also allows owners to register a motor vehicle or trailer for a period of two or three years, in addition to the annual registration period, beginning in 2029. All fees and taxes for each year of a multiyear registration will be paid at the time of renewal.
LB97 took effect immediately.
Common carrier, telecommunications regulations
LB311, introduced by Sen. Wendy DeBoer of Bennington, clarifies that governing entities, including state agencies and municipalities, may not require telecommunications companies to provide broadband internet service at certain speeds or set other conditions regulated by the federal government.
The measure also includes provisions of five other bills considered by the committee this session.
Under the amended provisions of LB4, sponsored by Lincoln Sen. Carolyn Bosn, companies that offer local exchange telecommunications services may apply to the Nebraska Public Service Commission to deregulate one of the carrier’s exchanges.
A deregulated carrier is not required to fulfill the obligations of a carrier of last resort, which must provide voice communication service upon request to all residential and single-line business customers within a defined area.
Additionally, a deregulated carrier is not required to file an earnings report with the commission or comply with restrictions on rates or with standards or reporting requirements related to quality of service.
The bill prohibits the commission from providing a deregulated carrier with support from the Nebraska Universal Service Fund, which telecommunications companies use to maintain and upgrade their networks.
The amended provisions of LB191, also introduced by Bosn, add broadband, communications and wireless infrastructure facilities to the list of infrastructure protected under the Nebraska One-Call Notification System Act.
Also included are the provisions of LB227, sponsored by DeBoer, which update the common carrier licensing process.
Under the measure, applicants no longer must make a case to the PSC that a market exists for their services, and they may be licensed as long as an incumbent carrier cannot show that the applicant’s entry would cause serious harm to the market.
The provisions of LB347, introduced by Lincoln Sen. Jason Prokop, eliminate a requirement that common carriers receive PSC authorization before issuing certain securities.
Sponsored by Sen. Tanya Storer of Whitman, the provisions of LB666 allow competitive broadband providers to request that the PSC transfer NUSF support from the former incumbent local exchange carrier to the competitive provider under the Rural Communications Sustainability Act. Previously, only the incumbent local exchange carrier could request the transfer.
Senators voted 49-0 to pass LB311, which took effect immediately.
Other measures
The committee advanced a bill intended to give the state Department of Transportation greater flexibility when soliciting bids and constructing buildings.
LB323, introduced by Moser and passed on a vote of 49-0, requires the department to provide notice of its solicitation for bids for certain road and bridge project contracts both in a county newspaper, as is currently required, and on an official webpage.
The bill also requires the department to seek the Legislature’s consent to construct a building with an estimated cost greater than an adjusted limit for capital construction projects set in state law. Previously, the department could not construct a building costing more than $100,000 without legislative approval.
A bill intended to avoid wastage of raw milk produced at Nebraska dairy farms also advanced from committee.
LB561, sponsored by Brandt, allows the department to issue a permit authorizing an applicant to operate overweight vehicles carrying raw milk from a dairy farm to a processing facility.
The bill requires the department to create a map indicating bridges that overweight raw-milk vehicles are prohibited from using. The department must review and update the map at least once a year and publish the most recent version on its website. Overweight raw-milk vehicles are required to carry a copy of the map.
The owner of an overweight raw-milk vehicle that enters a prohibited bridge structure and damages it is liable for all costs associated with repairing the damage.
LB561 passed on a vote of 49-0 and took effect immediately.
Lawmakers also approved a measure that gives motor vehicle manufacturers and Nebraska new car and trucker dealers an agreed upon method to address warranty disputes.
Previously, manufacturers were required to provide “reasonable” compensation to dealers for diagnostic work as well as repair service, parts and labor. Time allowances for the performance of warranty work had to be “reasonable and adequate.”
LB667, introduced by Storer, strikes instances of “reasonable” from the law and instead requires that time allowances be adequate for a qualified technician to perform the work or service.
The bill prohibits franchisors from unreasonably denying a franchisee’s request for a modification of a time allowance for a specific warranty repair or for an additional time allowance for diagnostic or repair work on a specific vehicle covered under warranty.
The proposal also excludes nonwarranty service and certain basic maintenance parts, including tires, from rate calculations.
LB667 passed 49-0.
