NINETY-FIFTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 635
FINAL READING
Introduced by Kristensen, 37
Read first time January 21, 1997
Committee: Transportation
A BILL FOR AN ACT relating to public records; to amend sections 37-1278,
2 37-1278.01, 60-106, 60-111.01, 60-308, 60-483, 60-484,
3 60-4,144, and 60-4,181, Revised Statutes Supplement,
4 1996; to adopt the Uniform Motor Vehicle Records
5 Disclosure Act; to change provisions relating to
6 motorboat certificates of title, motor vehicle
7 certificates of title, motor vehicle registration
8 certificates, motor vehicle operator's licenses, and
9 state identification cards; to harmonize provisions; to
10 provide an operative date; to repeal the original
11 sections; and to declare an emergency.
12 Be it enacted by the people of the State of Nebraska,
1 Section 1. Sections 1 to 13 of this act shall be known
2 and may be cited as the Uniform Motor Vehicle Records Disclosure
3 Act.
4 Sec. 2. The purpose of the Uniform Motor Vehicle Records
5 Disclosure Act is to implement the federal Driver's Privacy
6 Protection Act of 1994, Title XXX of Public Law 103-322, in order
7 to protect the interest of individuals in their personal privacy by
8 prohibiting the disclosure and use of personal information
9 contained in their motor vehicle records except as authorized by
10 such individuals or by law.
11 Sec. 3. (1) The Legislature hereby finds that the
12 federal Driver's Privacy Protection Act of 1994, with an effective
13 date of September 13, 1997, provides for mandatory release in some
14 instances and restrictions on release and use in other instances of
15 certain personal information from state motor vehicle records and
16 also provides numerous exceptions from those restrictions. Some of
17 the exceptions are dependent on state legislation, and the purpose
18 of the Uniform Motor Vehicle Records Disclosure Act is to enact
19 choices permitted under the federal legislation in the interest of
20 ensuring that motor vehicle record information which is a matter of
21 public record shall remain a matter of public record in this state
22 to the maximum extent permitted under the federal law.
23 (2) The Legislature intends that to the extent permitted
24 by the federal law, Nebraska law pertaining to motor vehicle
25 records should continue to recognize such records as public records
26 to the extent it has done so prior to the effective date of the
27 federal legislation and the terms of the Uniform Motor Vehicle
28 Records Disclosure Act should be construed liberally to effect that
1 purpose.
2 Sec. 4. For purposes of the Uniform Motor Vehicle
3 Records Disclosure Act:
4 (1) Department means the Department of Motor Vehicles or
5 the duly authorized agents or contractors of the department
6 responsible to compile and maintain motor vehicle records;
7 (2) Disclose means to engage in any practice or conduct
8 to make available and make known personal information contained in
9 a motor vehicle record about a person to any other person,
10 organization, or entity by any means of communication;
11 (3) Individual record means a motor vehicle record
12 containing personal information about a designated person who is
13 the subject of the record as identified in a request;
14 (4) Motor vehicle record means any record that pertains
15 to a motor vehicle operator's or driver's license or permit, motor
16 vehicle registration, motor vehicle certificate of title, motorboat
17 certificate of title, or state identification card issued by the
18 department or any other state or local agency authorized to issue
19 any of such forms of credentials;
20 (5) Person means an individual, organization, or entity;
21 and
22 (6) Personal information means information that
23 identifies a person, including an individual's photograph or
24 computerized image, social security number, driver identification
25 number, name, address excluding zip code, telephone number, and
26 medical or disability information, but does not include information
27 on vehicular accidents, driving or equipment-related violations,
28 and driver's license or registration status.
1 Sec. 5. Notwithstanding any other provision of state law
2 to the contrary, except as provided in sections 6 and 7 of this
3 act, the department and any officer, employee, agent, or contractor
4 of the department shall not disclose personal information about any
5 person obtained by the department in connection with a motor
6 vehicle record.
7 Sec. 6. Personal information referred to in section 5 of
8 this act shall be disclosed by the department or any officer,
9 employee, agent, or contractor of the department to carry out the
10 purposes of Titles I and IV of the Anti-Car Theft Act of 1992, 15
11 U.S.C. 2021 et seq., the Automobile Information Disclosure Act, 15
12 U.S.C. 1231 et seq., the Clean Air Act, 42 U.S.C. 7401 et seq., and
13 49 U.S.C. chapters 301, 305, and 321 to 331, as amended, and all
14 federal regulations enacted or adopted to implement such federal
15 laws.
16 Sec. 7. The department and any officer, employee, agent,
17 or contractor of the department having custody of a motor vehicle
18 record shall, upon the verification of identity and purpose of a
19 requester, disclose and make available the requested motor vehicle
20 record, including the personal information in the record other than
21 the social security number, for the following purposes:
22 (1) For use by any federal, state, or local governmental
23 agency, including any court or law enforcement agency, in carrying
24 out the agency's functions or by a private person or entity acting
25 on behalf of a governmental agency in carrying out the agency's
26 functions;
27 (2) For use in connection with matters of motor vehicle
28 or driver safety and theft; motor vehicle emissions; motor vehicle
1 product alterations, recalls, or advisories; performance monitoring
2 of motor vehicles, motor vehicle parts, and dealers; motor vehicle
3 market research activities, including survey research; and removal
4 of nonowner records from the original owner records of motor
5 vehicle manufacturers;
6 (3) For use in the normal course of business by a
7 legitimate business or its agents, employees, or contractors but
8 only:
9 (a) To verify the accuracy of personal information
10 submitted by the individual to the business or its agents,
11 employees, or contractors; and
12 (b) If such information as so submitted is not correct or
13 is no longer correct, to obtain the correct information, but only
14 for the purposes of preventing fraud by, pursuing legal remedies
15 against, or recovering on a debt or security interest against, the
16 individual;
17 (4) For use in connection with any civil, criminal,
18 administrative, or arbitral proceeding in any federal, state, or
19 local court or governmental agency or before any self-regulatory
20 body, including service of process, investigation in anticipation
21 of litigation, and execution or enforcement of judgments and
22 orders, or pursuant to an order of a federal, state, or local
23 court, an administrative agency, or a self-regulatory body;
24 (5) For use in research activities, and for use in
25 producing statistical reports, so long as the personal information
26 is not published, redisclosed, or used to contact individuals;
27 (6) For use by any insurer or insurance support
28 organization, or by a self-insured entity, or its agents,
1 employees, or contractors, in connection with claims investigation
2 activities, anti-fraud activities, rating, or underwriting;
3 (7) For use in providing notice to the owners of
4 abandoned, towed, or impounded vehicles;
5 (8) For use only for a purpose permitted under this
6 section either by a private detective, plain clothes investigator,
7 or private investigative agency licensed under sections 71-3201 to
8 71-3213;
9 (9) For use by an employer or the employer's agent or
10 insurer to obtain or verify information relating to a holder of a
11 commercial driver's license that is required under the Commercial
12 Motor Vehicle Safety Act of 1986, 49 U.S.C. app. 2710 et seq., or
13 pursuant to sections 60-4,132 and 60-4,141;
14 (10) For use in connection with the operation of private
15 toll transportation facilities;
16 (11) For any use by a requester of an individual motor
17 vehicle record if the individual who is the subject of the record
18 being requested has not expressly prohibited such disclosure by
19 filing a request on a form prescribed by the department;
20 (12) For bulk distribution for surveys of, marketing to,
21 or solicitations of persons who have not prohibited such disclosure
22 by filing a request on a form prescribed by the department and if
23 the information will be used, rented, or sold solely for bulk
24 distribution for surveys, marketing, or solicitations and the
25 surveys, marketing, or solicitations will not be directed at those
26 individuals who have requested in a timely fashion on such form
27 that the surveys, marketing, or solicitations will not be directed
28 at them;
1 (13) For any use if the requester has obtained the
2 notarized written consent of the individual who is the subject of
3 the personal information being requested and has provided proof of
4 receipt of such written consent to the department or an officer,
5 employee, agent, or contractor of the department;
6 (14) For use, including redisclosure through news
7 publication, of a member of a medium of communication as defined in
8 section 20-145 who requests such information in connection with
9 preparing, researching, gathering, or confirming news information
10 involving motor vehicle or driver safety or motor vehicle theft;
11 and
12 (15) For any other use specifically authorized by law
13 that is related to the operation of a motor vehicle or public
14 safety.
15 Sec. 8. Disclosure of personal information required or
16 permitted under section 6 or 7 of this act shall be subject to
17 payment by the requester to the department of all fees for the
18 information prescribed by statute.
19 Sec. 9. In addition to provision for payment of
20 applicable fees, the department may, prior to the disclosure of
21 personal information as permitted under section 6 or 7 of this act,
22 require the meeting of conditions by the requester for the purposes
23 of obtaining reasonable assurance concerning the identity of the
24 requester and, to the extent required, that the information will
25 only be used as authorized or that the consent of the person who is
26 the subject of the information has been obtained. Such conditions
27 shall include, but need not be limited to, the making and filing of
28 a form containing such information and verification as the
1 department may prescribe.
2 Sec. 10. (1) An authorized recipient of personal
3 information disclosed under section 6 or 7 of this act, except a
4 recipient under subdivision (11) or (12) of section 7 of this act,
5 may resell or redisclose the information only for the uses
6 permitted under section 7 of this act, but not including the use
7 for bulk distribution for surveys, marketing, or solicitations as
8 set forth in subdivision (12) of such section.
9 (2) An authorized recipient of an individual record or
10 records under subdivision (11) of section 7 of this act may resell
11 or redisclose personal information for any purpose.
12 (3) An authorized recipient of personal information for
13 bulk distribution for surveys, marketing, or solicitations under
14 subdivision (12) of section 7 of this act may resell or redisclose
15 personal information only in accordance with the terms of such
16 subdivision concerning the right of individuals who have so
17 requested in a timely manner not to have such surveys, marketing,
18 or solicitations directed at them.
19 (4) An authorized recipient, except a recipient of an
20 individual record or records under subdivision (11) of section 7 of
21 this act, who resells or rediscloses personal information shall (a)
22 make and keep for a period of not less than five years records
23 identifying each person who received personal information from the
24 authorized recipient and the permitted purpose for which it was
25 obtained and (b) make such records available for inspection and
26 copying by a representative of the department upon request.
27 (5) The department may implement any safeguard which the
28 department considers reasonable or necessary, including a bond
1 requirement, in a memorandum of understanding executed under this
2 section to ensure that the information provided or sold is used
3 only for a permissible purpose and that the rights of individuals
4 and the interest of the state are protected.
5 Sec. 11. The department is authorized to adopt and
6 promulgate rules and regulations to carry out the Uniform Motor
7 Vehicle Records Disclosure Act. The rules and regulations may
8 include procedures under which the department, upon receiving a
9 request for personal information that is not subject to disclosure
10 in accordance with the exception provisions of sections 6 and 7 of
11 this act, may mail a copy of such request to each individual who is
12 the subject of the information, informing each such individual of
13 the request, together with a statement to the effect that
14 disclosure is prohibited and will not be made unless the individual
15 affirmatively elects to waive his or her right to privacy under the
16 act.
17 Sec. 12. Any person requesting the disclosure of
18 personal information from department records who misrepresents his
19 or her identity or makes a false statement to the department on any
20 application required to be submitted pursuant to the Uniform Motor
21 Vehicle Records Disclosure Act shall be guilty of a Class IV
22 felony.
23 Sec. 13. An individual may file a request on a form
24 prescribed by the department to prohibit disclosure of the personal
25 information in his or her motor vehicle record pursuant to
26 subdivision (11) or (12) of section 7 of this act if such
27 disclosure is not expressly otherwise authorized by the Uniform
28 Motor Vehicle Records Disclosure Act and the department shall
1 accept and enforce such individual's written direction. The
2 department shall provide notice in a clear and conspicuous manner
3 by any appropriate means, including posting notices, of the
4 availability of such forms. The department shall distinguish
5 between a request by an individual to prohibit disclosure of the
6 personal information in his or her motor vehicle record pursuant to
7 subdivision (11) of section 7 of this act and a similar request to
8 prohibit disclosure of the personal information pursuant to
9 subdivision (12) of section 7 of this act.
10 Sec. 14. Section 37-1278, Revised Statutes Supplement,
11 1996, is amended to read:
12 37-1278. (1) Application for a certificate of title
13 shall be presented to the county clerk or designated county
14 official, shall be made upon a form prescribed by the Department of
15 Motor Vehicles, and shall be accompanied by the fee prescribed in
16 section 37-1287. The owner of a motorboat may obtain a certificate
17 of title at any time prior to registration under section 37-1214.
18 (2) If a certificate of title has previously been issued
19 for the motorboat in this state, the application for a new
20 certificate of title shall be accompanied by the certificate of
21 title duly assigned. If a certificate of title has not previously
22 been issued for the motorboat in this state, the application shall
23 be accompanied by a certificate of number from this state, a
24 manufacturer's or importer's certificate, a duly certified copy
25 thereof, a certificate of title from another state, or a court
26 order issued by a court of record, a manufacturer's certificate of
27 origin, or an assigned registration certificate, if the motorboat
28 was brought into this state from a state which does not have a
1 certificate of title law. The county clerk or designated county
2 official shall retain the evidence of title presented by the
3 applicant on which the certificate of title is issued. When the
4 evidence of title presented by the applicant is a certificate of
5 title or an assigned registration certificate issued by another
6 state, the department shall notify the state of prior issuance that
7 the certificate has been surrendered. If a certificate of title
8 has not previously been issued for the motorboat in this state and
9 the applicant is unable to provide such documentation, the
10 applicant may apply for a bonded certificate of title as prescribed
11 in section 37-1278.01.
12 (3) In addition to any other required information,
13 beginning on January 1, 1998, the application for a certificate of
14 title shall also provide in a clear and conspicuous manner a notice
15 that the personal information on the application is subject to
16 disclosure as a public record unless the individual chooses to
17 prohibit such disclosure by filing a prescribed form with the
18 department.
19 (4) The county clerk or designated county official shall
20 use reasonable diligence in ascertaining whether or not the
21 statements in the application for a certificate of title are true
22 by checking the application and documents accompanying the same
23 with the records of motorboats in his or her office. If he or she
24 is satisfied that the applicant is the owner of the motorboat and
25 that the application is in the proper form, the county clerk or
26 designated county official shall issue a certificate of title over
27 his or her signature and sealed with his or her seal.
28 (4) (5) In the case of the sale of a motorboat, the
1 certificate of title shall be obtained in the name of the purchaser
2 upon application signed by the purchaser, except that for titles to
3 be held by husband and wife, applications may be accepted by the
4 county clerk or designated county official upon the signature of
5 either spouse as a signature for himself or herself and as an agent
6 for his or her spouse.
7 (5) (6) In all cases of transfers of motorboats, the
8 application for a certificate of title shall be filed within thirty
9 days after the delivery of the motorboat. A dealer need not apply
10 for a certificate of title for a motorboat in stock or acquired for
11 stock purposes, but upon transfer of a motorboat in stock or
12 acquired for stock purposes, the dealer shall give the transferee a
13 reassignment of the certificate of title on the motorboat or an
14 assignment of a manufacturer's or importer's certificate. If all
15 reassignments printed on the certificate of title have been used,
16 the dealer shall obtain title in his or her name prior to any
17 subsequent transfer.
18 (6) (7) If a county board consolidates services under the
19 office of a designated county official other than the county clerk
20 pursuant to section 23-186, the powers and duties of the county
21 clerk relating to motorboat titles under sections 37-1278 to
22 37-1289 shall be performed by the designated county official.
23 Sec. 15. Section 37-1278.01, Revised Statutes
24 Supplement, 1996, is amended to read:
25 37-1278.01. (1) The Department of Motor Vehicles shall
26 issue a bonded certificate of title to an applicant who:
27 (a) Presents evidence reasonably sufficient to satisfy
28 the department of the applicant's ownership of the motorboat or
1 security interest in the motorboat;
2 (b) Pays a fee of fifty dollars; and
3 (c) Files a bond in a form prescribed by the department
4 and executed by the applicant.
5 (2) In addition to any other required information,
6 beginning on January 1, 1998, the application for a bonded
7 certificate of title shall also provide in a clear and conspicuous
8 manner a notice that the personal information on the application is
9 subject to disclosure as a public record unless the individual
10 chooses to prohibit such disclosure by filing a prescribed form
11 with the department.
12 (2) (3) The bond shall be issued by a surety company
13 authorized to transact business in this state, in an amount equal
14 to one and one-half times the value of the motorboat as determined
15 by the department using reasonable appraisal methods, and
16 conditioned to indemnify any prior owner and secured party, any
17 subsequent purchaser and secured party, and any successor of the
18 purchaser and secured party for any expense, loss, or damage,
19 including reasonable attorney's fees, incurred by reason of the
20 issuance of the certificate of title to the motorboat or any defect
21 in or undisclosed security interest upon the right, title, and
22 interest of the applicant in and to the motorboat. An interested
23 person may have a cause of action to recover on the bond for a
24 breach of the conditions of the bond. The aggregate liability of
25 the surety to all persons having a claim shall not exceed the
26 amount of the bond.
27 (3) (4) At the end of three years after the issuance of
28 the bond, the holder of the certificate of title may apply to the
1 department on a form prescribed by the department for the release
2 of the bond and the removal of the notice required by subsection
3 (4) (5) of this section if no claim has been made on the bond. The
4 department may release the bond at the end of three years after the
5 issuance of the bond if all questions as to the ownership of the
6 motorboat have been answered to the satisfaction of the department
7 unless the department has been notified of the pendency of an
8 action to recover on the bond. If the currently valid certificate
9 of title is surrendered to the department, the department may
10 release the bond prior to the end of the three-year period.
11 (4) (5) The department shall include the following
12 statement on a bonded certificate of title issued pursuant to this
13 section and any subsequent title issued as a result of a title
14 transfer while the bond is in effect:
15 NOTICE: THIS MOTORBOAT MAY BE SUBJECT TO AN UNDISCLOSED
16 INTEREST, BOND NUMBER ......
17 (5) (6) The department shall recall a bonded certificate
18 of title if the department finds that the application for the title
19 contained a false statement or if a check presented by the
20 applicant for fees pursuant to this section is returned uncollected
21 by a financial institution.
22 (6) (7) The department shall remit fees collected
23 pursuant to this section to the State Treasurer for credit to the
24 Department of Motor Vehicles Cash Fund.
25 Sec. 16. Section 60-106, Revised Statutes Supplement,
26 1996, is amended to read:
27 60-106. (1)(a) The Department of Motor Vehicles in
28 conjunction with the Department of Administrative Services and the
1 counties shall develop an implementation plan to provide for
2 adequate planning preceding a mandate for the implementation of the
3 vehicle titling and registration component system of the statewide
4 county automation project. The implementation plan shall include
5 installation costs, training, and any other costs associated with
6 the project.
7 (b) The Department of Motor Vehicles shall submit the
8 implementation plan on or before December 1, 1993, to the Governor
9 and the Clerk of the Legislature. Each member of the Legislature
10 shall receive a copy of such report by making a request for it to
11 the Director of Motor Vehicles or the Director of Administrative
12 Services.
13 (c) Each county shall issue and file certificates of
14 title using the vehicle titling and registration computer system
15 prescribed by the Department of Motor Vehicles by January 1, 1996.
16 (2)(a) Application for a certificate of title shall be
17 made upon a form prescribed by the Department of Motor Vehicles.
18 All applications shall be accompanied by the fee prescribed in
19 section 60-115.
20 (b) All applications for a certificate of title to a
21 mobile home as defined in subdivision (2) of section 60-614 shall
22 be accompanied by a mobile home transfer statement prescribed by
23 the Tax Commissioner. The mobile home transfer statement shall be
24 filed by the applicant with the county clerk of the county of
25 application for title. The county clerk shall issue a certificate
26 of title to a mobile home but shall not deliver the certificate of
27 title unless the mobile home transfer statement accompanies the
28 application for title, except that the failure to provide the
1 mobile home transfer statement shall not prevent the notation of a
2 lien on the face of the certificate of title to the mobile home
3 pursuant to section 60-110 and delivery to the holder of the first
4 lien. The mobile home transfer statement and the information
5 contained in the statement shall be confidential and only available
6 to tax officials.
7 (3)(a) If the motor vehicle has tax situs in Nebraska,
8 the application shall be filed with the county clerk of the county
9 in which the vehicle has tax situs as defined in section 77-1238.
10 (b) If the applicant is a nonresident, the application
11 shall be filed in the county in which the transaction is
12 consummated.
13 (c) All applicants registering a vehicle pursuant to
14 section 60-305.09 shall file the application for title to the
15 vehicle with the Division of Motor Carrier Services of the
16 Department of Motor Vehicles. The division shall deliver the
17 certificate to the applicant if there are no liens on the vehicle.
18 If there are any liens on the vehicle, the division shall deliver
19 or mail the certificate of title to the holder of the first lien on
20 the day of issuance. All certificates of title issued by the
21 division shall be issued in the manner prescribed for the county
22 clerk in section 60-107.
23 (4) If a certificate of title has previously been issued
24 for the motor vehicle in this state, the application for a new
25 certificate of title shall be accompanied by the certificate of
26 title duly assigned unless otherwise provided for in sections
27 60-102 to 60-117. If a certificate of title has not previously
28 been issued for the motor vehicle in this state or if a certificate
1 of title is unavailable pursuant to subsection (4) of section
2 52-1801, the application, unless otherwise provided for in sections
3 60-102 to 60-117, shall be accompanied by a manufacturer's or
4 importer's certificate, as provided for in such sections, a duly
5 certified copy thereof, a certificate of title, a court order
6 issued by a court of record, a manufacturer's certificate of
7 origin, or an assigned registration certificate, if the law of the
8 state from which the motor vehicle was brought into this state does
9 not have a certificate of title law. For purposes of this
10 subsection, certificate of title shall include a salvage
11 certificate, a salvage certificate of title, or any other document
12 of ownership issued by another state or jurisdiction for a salvage
13 vehicle. Only a salvage certificate of title shall be issued to
14 any vehicle conveyed upon a salvage certificate, a salvage
15 certificate of title, or any other document of ownership issued by
16 another state or jurisdiction for a salvage vehicle. If a
17 certificate of title has not previously been issued for the vehicle
18 in this state and the applicant is unable to provide such
19 documentation, the applicant may apply for a bonded certificate of
20 title as prescribed in section 60-111.01. The county clerk shall
21 retain the evidence of title presented by the applicant and on
22 which the certificate of title is issued. In addition to any other
23 required information, beginning on January 1, 1998, the application
24 shall also provide in a clear and conspicuous manner a notice that
25 the personal information on the application is subject to
26 disclosure as a motor vehicle record unless the individual chooses
27 to prohibit such disclosure by filing a prescribed form with the
28 department.
1 (5) The county clerk shall use reasonable diligence in
2 ascertaining whether or not the statements in the application for a
3 certificate of title are true by checking the application and
4 documents accompanying the same with the records of motor vehicles
5 in his or her office. If he or she is satisfied that the applicant
6 is the owner of such motor vehicle and that the application is in
7 the proper form, the county clerk shall issue a certificate of
8 title over his or her signature and sealed with his or her seal.
9 (6) In the case of the sale of a motor vehicle, the
10 certificate of title shall be obtained in the name of the purchaser
11 upon application signed by the purchaser, except that (a) for
12 titles to be held by husband and wife, applications may be accepted
13 upon the signature of either one as a signature for himself or
14 herself and as agent for his or her spouse and (b) for an applicant
15 providing proof that he or she is a handicapped or disabled person
16 as defined in section 18-1738, applications may be accepted upon
17 the signature of the applicant's parent, legal guardian, foster
18 parent, or agent.
19 (7) In all cases of transfers of motor vehicles,
20 commercial trailers, semitrailers, or cabin trailers, the
21 application for a certificate of title shall be filed within thirty
22 days after the delivery of such vehicle or trailer. A licensed
23 dealer need not apply for certificates of title for motor vehicles,
24 commercial trailers, semitrailers, or cabin trailers in stock or
25 acquired for stock purposes, but upon transfer of such vehicle or
26 trailer in stock or acquired for stock purposes, the licensed
27 dealer shall give the transferee a reassignment of the certificate
28 of title on such vehicle or trailer or an assignment of a
1 manufacturer's or importer's certificate. If all reassignments on
2 the certificate of title have been used, the licensed dealer shall
3 obtain title in his or her name prior to any subsequent transfer.
4 (8) An application for a certificate of title shall
5 include a statement that an identification inspection has been
6 conducted on the vehicle unless (a) the title sought is a salvage
7 certificate of title as defined in section 60-129 or a
8 nontransferable certificate of title provided for in section
9 60-131, (b) the surrendered ownership document is a Nebraska
10 certificate of title, a manufacturer's statement of origin, an
11 importer's statement of origin, a United States Government
12 Certificate of Release of a motor vehicle, or a nontransferable
13 certificate of title issued under section 60-131, (c) the
14 application for a certificate of title contains a statement that
15 such vehicle is to be registered under section 60-305.09, (d) the
16 vehicle is a cabin trailer, (e) the title sought is the first title
17 for a motor vehicle sold directly by the manufacturer of the motor
18 vehicle to a licensed dealer franchised by the manufacturer, or (f)
19 the vehicle was sold at an auction authorized by the manufacturer
20 and purchased by a licensed dealer franchised by the manufacturer
21 of the motor vehicle. The Department of Motor Vehicles shall
22 prescribe a form to be executed by a dealer and submitted with an
23 application for a certificate of title for vehicles exempt from
24 inspection pursuant to subdivision (8)(e) or (f) of this section,
25 which form shall clearly identify the vehicle and state under
26 penalty of law that the vehicle is exempt from inspection. The
27 statement that an identification inspection has been conducted
28 shall be furnished by the county sheriff of any county or by any
1 other holder of a current certificate of training issued pursuant
2 to section 60-121 and shall be in a format as determined by the
3 department. The county clerk shall accept a certificate of
4 inspection, approved by the Superintendent of Law Enforcement and
5 Public Safety, from an officer of a state police agency of another
6 state. For each inspection a fee of ten dollars shall be paid to
7 the county treasurer. All such fees shall be credited to the
8 county sheriff's vehicle inspection account within the county
9 general fund. The identification inspection required by this
10 subsection shall include examination and notation of the current
11 odometer reading and a comparison of the vehicle identification
12 number with the number listed on the ownership records, except that
13 if a lien is registered against a vehicle and recorded on the
14 vehicle's ownership records, the county clerk shall provide a copy
15 of the ownership records for use in making such comparison. If
16 such numbers are not identical, if there is reason to believe
17 further inspection is necessary, or if the inspection is for a
18 Nebraska assigned number, the person performing the inspection
19 shall make a further inspection of the vehicle which may include,
20 but shall not be limited to, examination of other identifying
21 numbers placed on the vehicle by the manufacturer and an inquiry
22 into the numbering system used by the state issuing such ownership
23 records to determine ownership of a vehicle. The identification
24 inspection shall also include a statement that the vehicle
25 identification number has been checked for entry in the National
26 Crime Information Center and the Nebraska Crime Information
27 Service. If there is cause to believe that odometer fraud exists,
28 written notification shall be given to the office of the Attorney
1 General. If after such inspection the sheriff or his or her
2 designee determines that the vehicle is not the vehicle described
3 by the ownership records, no statement shall be issued. In the
4 case of an assembled vehicle such inspection shall include, but not
5 be limited to, an examination of the records showing the date of
6 receipt and source of each major component part as defined in
7 section 60-2601.
8 (9) If a county board consolidates services under the
9 office of a designated county official other than the county clerk
10 pursuant to section 23-186:
11 (a) Applications under subsections (2) and (3) of this
12 section shall be submitted to the designated county official;
13 (b) The designated county official shall perform the
14 duties imposed on the county clerk under subsections (2) and (5) of
15 this section;
16 (c) The designated county official may accept
17 certificates of inspection under the conditions described in
18 subsection (8) of this section; and
19 (d) The designated county official shall act as office of
20 record for title documents, applications, odometer statements,
21 certificates of inspections, and lien and cancellation of lien
22 notations.
23 Sec. 17. Section 60-111.01, Revised Statutes Supplement,
24 1996, is amended to read:
25 60-111.01. (1) The Department of Motor Vehicles shall
26 issue a bonded certificate of title to an applicant who:
27 (a) Presents evidence reasonably sufficient to satisfy
28 the department of the applicant's ownership of the vehicle or
1 security interest in the vehicle;
2 (b) Provides a statement that an identification
3 inspection has been conducted pursuant to subsection (8) of section
4 60-106;
5 (c) Pays a fee of fifty dollars; and
6 (d) Files a bond in a form prescribed by the department
7 and executed by the applicant.
8 (2) In addition to any other required information,
9 beginning on January 1, 1998, the application for a bonded
10 certificate of title shall also provide in a clear and conspicuous
11 manner a notice that the personal information on the application is
12 subject to disclosure as a motor vehicle record unless the
13 individual chooses to prohibit such disclosure by filing a
14 prescribed form with the department.
15 (2) (3) The bond shall be issued by a surety company
16 authorized to transact business in this state, in an amount equal
17 to one and one-half times the value of the vehicle as determined by
18 the department using reasonable appraisal methods, and conditioned
19 to indemnify any prior owner and secured party, any subsequent
20 purchaser and secured party, and any successor of the purchaser and
21 secured party for any expense, loss, or damage, including
22 reasonable attorney's fees, incurred by reason of the issuance of
23 the certificate of title to the vehicle or any defect in or
24 undisclosed security interest upon the right, title, and interest
25 of the applicant in and to the vehicle. An interested person may
26 have a cause of action to recover on the bond for a breach of the
27 conditions of the bond. The aggregate liability of the surety to
28 all persons having a claim shall not exceed the amount of the bond.
1 (3) (4) At the end of three years after the issuance of
2 the bond, the holder of the certificate of title may apply to the
3 department on a form prescribed by the department for the release
4 of the bond and the removal of the notice required by subsection
5 (4) (5) of this section if no claim has been made on the bond. The
6 department may release the bond at the end of three years after the
7 issuance of the bond if all questions as to the ownership of the
8 vehicle have been answered to the satisfaction of the department
9 unless the department has been notified of the pendency of an
10 action to recover on the bond. If the currently valid certificate
11 of title is surrendered to the department, the department may
12 release the bond prior to the end of the three-year period.
13 (4) (5) The department shall include the following
14 statement on a bonded certificate of title issued pursuant to this
15 section and any subsequent title issued as a result of a title
16 transfer while the bond is in effect:
17 NOTICE: THIS VEHICLE MAY BE SUBJECT TO AN UNDISCLOSED
18 INTEREST, BOND NUMBER ......
19 (5) (6) The department shall recall a bonded certificate
20 of title if the department finds that the application for the title
21 contained a false statement or if a check presented by the
22 applicant for fees pursuant to this section is returned uncollected
23 by a financial institution.
24 (6) (7) The department shall remit fees collected
25 pursuant to this section to the State Treasurer for credit to the
26 Department of Motor Vehicles Cash Fund.
27 (7) (8) The department shall adopt and promulgate rules
28 and regulations to carry out this section.
1 Sec. 18. Section 60-308, Revised Statutes Supplement,
2 1996, is amended to read:
3 60-308. The Department of Motor Vehicles shall keep a
4 record of each vehicle registered, alphabetically by name of the
5 owner, with cross reference in each instance to the registration
6 number assigned to such vehicle. The record may be destroyed by
7 any public officer having custody of it after three years from the
8 date of its issuance.
9 The department shall furnish a copy of the record of a
10 registered or titled vehicle to any applicant person after
11 receiving from the applicant person the name on the registration,
12 the license plate number, the vehicle identification number, or the
13 title number of a vehicle, if the person provides to the department
14 verification of identity and purpose pursuant to section 6 or 7 of
15 this act. A fee of one dollar shall be charged for the copy. An
16 extract of the entire file of vehicles registered or titled in the
17 state or updates to the entire file may be provided to an applicant
18 a person upon payment of a fee of twelve dollars per thousand
19 records. Any fee received by the department pursuant to this
20 section shall be deposited into the Department of Motor Vehicles
21 Cash Fund.
22 Sec. 19. Section 60-483, Revised Statutes Supplement,
23 1996, is amended to read:
24 60-483. (1) The director shall assign a distinguishing
25 number to each operator's license issued and shall keep a record of
26 the same which shall be open to public inspection by any person
27 requesting inspection of such record who qualifies under section 6
28 or 7 of this act. Any person requesting such driver record
1 information shall furnish to the Department of Motor Vehicles (a)
2 verification of identity and purpose that the requester is entitled
3 under section 6 or 7 of this act to disclosure of the personal
4 information in the record, (b) the name of the person whose record
5 is being requested, and (c) when the name alone is insufficient to
6 identify the correct record, the department may request additional
7 identifying information. The department shall, upon request of any
8 applicant requester, furnish a certified abstract of the operating
9 record of any person and shall charge the applicant requester a fee
10 of two dollars per abstract. The department shall remit
11 twenty-five cents of each abstract fee to the State Treasurer for
12 credit to the Department of Motor Vehicles Cash Fund and shall
13 remit one dollar and seventy-five cents of each abstract fee to the
14 State Treasurer for credit to the General Fund.
15 (2) The director shall, upon receiving a request and an
16 agreement from the United States Selective Service System to comply
17 with requirements of this section and the rules and regulations
18 adopted and promulgated to carry out this section, furnish driver
19 record information to the United States Selective Service System to
20 include the name, post office address, date of birth, sex, and &n