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LEGISLATIVE BILL 1126
Approved by the Governor April 14, 2026
Introduced by Moser, 22.
A BILL FOR AN ACT relating to law; to amend sections 13-2901, 13-2902, 13-2903,
13-2904, 13-2905, 13-2911, 13-2912, 13-2914, 39-1638, 39-1639, 39-1640,
39-1641, 39-1642, 39-1643, 39-1644, 39-1645, 39-1646, 39-1647, 39-1648,
39-1649, 39-1650, 39-1651, 39-1652, 39-1653, 39-1655, 60-507, 60-513,
60-695, 60-6,299, 75-303.01, 75-303.02, and 75-303.03, Reissue Revised
Statutes of Nebraska, sections 39-1351, 39-2801, 39-2802, 39-2811,
39-2814, 39-2824, 39-2825, 60-462, 60-699, 60-6,123, 75-118, 75-302, and
75-307, Revised Statutes Cumulative Supplement, 2024, and sections
60-4,131, 60-601, 60-605, 60-6,298, 75-126, 75-311, 75-342, 86-903,
86-1070, and 86-1071, Revised Statutes Supplement, 2025; to provide and
change fees; to define and redefine terms; to adopt the Infrastructure
Development Investment Program Act; to provide for public-private
partnership contracts under the Political Subdivisions Construction
Alternatives Act; to change and eliminate provisions relating to rural
road improvement districts; to provide for unsolicited proposals under and
change and eliminate provisions of the Transportation Innovation Act; to
require commercial motor vehicle driver training to include
antitrafficking training under the Motor Vehicle Operator's License Act;
to change provisions relating to the suspension of operators' licenses by
the Department of Motor Vehicles, the security required by the Motor
Vehicle Safety Responsibility Act, traffic accident reporting
requirements, requirements for date of birth information included in
certain vehicle accident reports, and permits and permit fees under the
Nebraska Rules of the Road; to provide requirements for the control of
bicycle traffic, regulation of certain rates charged by motor carriers and
regulated motor carriers, and licenses to engage in intrastate medicaid
nonemergency medical transportation services; to change the amount and
usage of wireless service surcharges; to harmonize provisions; to repeal
the original sections; and to outright repeal section 39-1654, Reissue
Revised Statutes of Nebraska.
Be it enacted by the people of the State of Nebraska,
Section 1. Sections 1 to 39 of this act shall be known and may be cited
as the Infrastructure Development Investment Program Act.
Sec. 2. The purpose of the Infrastructure Development Investment Program
Act is to assist in financing qualified projects by providing loans and other
forms of financial assistance to eligible entities for the construction,
improvement, or enhancement of transportation infrastructure that is necessary
for public purposes.
Sec. 3. For purposes of the Infrastructure Development Investment Program
Act:
(1) Capitalization means the aggregate of all funds deposited in the
investment program from any federal, state, local, or private source,
including, but not limited to, any transfer, grant, loan, loan repayment,
investment earning, and bond proceed;
(2) Commission means the State Highway Commission;
(3) Contracting agency has the same meaning as in section 39-2802;
(4) Department means the Department of Transportation or any successor
agency designated to implement and administer the Infrastructure Development
Investment Program Act;
(5) Eligible cost means:
(a) For any project that is federally funded, any cost permitted under an
applicable federal statute, regulation, or guidance document that governs state
infrastructure banks, transportation credit programs, or revolving loan funds;
(b) For any project that is funded by this state or a political
subdivision of this state, any cost, including, but not limited to, the cost
for any: Preliminary engineering; traffic, revenue, or environmental study;
right-of-way acquisition; legal, financial, and technical consulting service;
construction or construction management; project facility; equipment; or
nonoperating cost that is necessary for the completion of an eligible project;
or
(c) For any project that is a hybrid or multi-sector project, any cost
approved by the commission, including any intermodal or utility-related
infrastructure that is necessary for project integration;
(6)(a) Eligible entity means any:
(i) Political subdivision;
(ii) Contracting agency; or
(iii) Private partner engaged in a public-private partnership as defined
in section 39-2802.
(b) Eligible entity includes any combination of two or more such political
subdivisions or private partners, acting jointly to finance, construct, own, or
operate an eligible project;
(7)(a) Eligible project means any transportation infrastructure project
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that provides any of the following public benefits:
(i) Accelerating the delivery of transportation improvements;
(ii) Enhancing the mobility or safety of people in this state;
(iii) Enhancing the economy of this state;
(iv) Promoting economic development in this state; or
(v) Improving the quality of life of the general public.
(b) Eligible project includes, but is not limited to, any highway, street,
road, bridge, transit system, rail facility, airport, port, and bicycle or
pedestrian facility;
(8) Financial assistance includes, but is not limited to, any loan, credit
enhancement, capital or debt service reserve, interest rate subsidy, provision
of letter of credit, line of credit, and guarantee, and any other lawful
financing mechanism that is approved by the commission and, where applicable,
is consistent with federal and state law;
(9)(a) Financing agreement means any contract or instrument executed
between the investment program and an eligible entity for a loan or financial
assistance.
(b) Financing agreement includes, but is not limited to, any loan
agreement, trust indenture, security or reimbursement agreement, guarantee
agreement, and resolution, and any similar instrument that is approved by the
commission that contains loan terms and repayment provisions;
(10) Investment program means the infrastructure development investment
program created under section 4 of this act; and
(11) Political subdivision has the same meaning as in section 39-2802.
Sec. 4. (1) The infrastructure development investment program is created
and shall be housed within the department for administrative purposes.
(2) The commission shall administer the investment program, with
administrative and operational support from the department. The department
shall provide the commission with the necessary personnel to manage the day-to-
day operations of the investment program.
(3) The commission is the final authority for selecting projects to
receive financial assistance from the investment program.
Sec. 5. (1) The commission shall:
(a) Adopt bylaws, policies, and operating procedures that govern the
administration of the investment program;
(b) Approve or deny applications for financial assistance based on
established evaluation criteria;
(c) Establish financial, risk management, and internal control policies
consistent with generally accepted accounting principles; and
(d) Approve annual budgets, audits, and reports for the investment
program.
(2) The commission may:
(a) Enter into any cooperative agreement with any federal or state agency,
local government, or private entity; and
(b) Delegate any administrative or technical function to any personnel or
agent of the commission as necessary to implement the Infrastructure
Development Investment Program Act.
Sec. 6. The commission may establish an advisory committee that is
comprised of representatives from eligible entities, metropolitan planning
organizations, and the private sector for the purpose of providing guidance on
project prioritization, credit policy, or compliance matters.
Sec. 7. (1) The Infrastructure Development Investment Program Fund is
created. The commission shall administer the fund. The fund shall consist of
any:
(a) Transfer authorized by the Legislature;
(b) Federal money, including, but not limited to, any loan, grant, or
cooperative agreement proceeds;
(c) State or local grant;
(d) Contribution, donation, endowment, or grant from any public or private
source;
(e) Repayment, interest, or fee, or other income generated by investment
program assistance;
(f) Bond proceeds or other financing proceeds; and
(g) Lawful source that is approved by the commission.
(2) Money in the fund may be used by the commission for any purpose that
is described in section 8 of this act.
(3) Any money in the fund available for investment shall be invested by
the state investment officer pursuant to the Nebraska Capital Expansion Act and
the Nebraska State Funds Investment Act.
(4) All repayments of money provided from the fund and all investment
earnings from money in the fund shall be credited to the fund.
(5) It is the intent of the Legislature that all money in the fund shall
be appropriated each fiscal year for the purposes that are described in section
8 of this act.
Sec. 8. Subject to applicable federal and state law, money in the
Infrastructure Development Investment Program Fund may be used to:
(1) Provide any financial assistance to any eligible entity for any
eligible project;
(2) Establish reserves, capitalized interest, credit enhancement, and
pooled financing structures that strengthen the credit capacity of the
investment program;
(3) Pay reasonable administrative costs of the investment program,
including portfolio monitoring and collection; and
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(4) Refinance or obtain interim financing used for any eligible cost.
Sec. 9. (1) For administration of the investment program, the commission
may establish any:
(a) Federal, state, or local account or subaccount within the investment
program that is necessary to meet any applicable federal or state law
requirement;
(b) Bond-related account or subaccount within the investment program that
is necessary to meet any applicable federal or state law requirement; or
(c) Account within the investment program that the commission determines
is necessary or desirable to implement the Infrastructure Development
Investment Program Act.
(2) The investment program shall consist of the following account
structure:
(a) Federal accounts: Separate accounts established for federal highway,
transit, rail, and rural project funds;
(b) State and local accounts: Separate accounts for state and local
transportation funds; and
(c) Administrative accounts: Separate accounts to be used by the
department for the cost of administering the investment program.
(3) The investment program shall comply with all applicable federal laws
and regulations prohibiting the commingling of certain federal funds deposited
in the investment program.
(4) Money in each account shall be tracked and used consistent with the
legal requirements of the source of such money.
Sec. 10. The investment program may make any contract and execute any
instrument that is necessary or convenient to provide financial assistance,
including any:
(1) Loan agreement, trust indenture, intercept agreement, or reimbursement
agreement;
(2) Acceptance of a pledge of project revenue, special assessment, user
fee, tax increment, or other legally available revenue;
(3) Requirement or funding of any reserve fund to secure repayment; or
(4) Participation in any pooled financing or senior-subordinate structure.
Sec. 11. (1) Any political subdivision may apply to the department for a
loan from the investment program on a form prescribed by the department.
(2) The terms of a duly executed loan or assistance contract are binding
on the borrower, and the borrower shall unconditionally repay from pledged
sources.
Sec. 12. If a borrower of a loan from the investment program fails to
comply with any contract term related to such loan or fails to make any payment
when due, the investment program may:
(1) Pursue any legal or equitable remedy;
(2) Request that the Legislature reduce any appropriation to such borrower
by the amount that is owed to the investment program and appropriate such
amount to the investment program. The money for any such appropriation to the
investment program shall be transferred into the Infrastructure Development
Investment Program Fund and used to pay the outstanding debt of such borrower;
and
(3) Draw on any pledged reserve or credit facility that is securing the
obligation.
Sec. 13. The investment program shall maintain accounts in accordance
with generally accepted accounting principles and applicable federal
requirements, subject to annual independent audit.
Sec. 14. An obligation of the investment program is a special, limited
obligation that is payable solely from the revenue and assets of the investment
program and shall not constitute a pledge of the full faith and credit of the
State of Nebraska unless expressly authorized by separate statute.
Sec. 15. (1) The investment program may provide financial assistance to
any eligible entity for any eligible project. Such financial assistance may be
in any lawful form, including any loan, loan guarantee, line of credit, letter
of credit, lease, lease-purchase agreement, interest-rate subsidy, or credit
enhancement, or any other financing instrument that is approved by the
commission.
(2)(a) All financial assistance provided by the investment program shall
be evidenced by a financing agreement that sets forth the principal amount,
interest rate, repayment schedule, security provisions, covenants, and remedies
upon default.
(b) The commission shall establish:
(i) Standardized documents for financial assistance that is provided by
the investment program; and
(ii) Credit criteria that will be applied when the investment program is
deciding to provide financial assistance in order to ensure consistency,
transparency, and fiscal integrity.
(3) Interest rates shall be set by the commission, within the limitations
of section 45-101.03, to reflect project risk, market conditions, term length,
and creditworthiness, and may include subsidies for projects of statewide
significance or in economically distressed areas.
(4) The commission may charge an application fee for providing financial
assistance from the investment program. Such fee shall not exceed one thousand
dollars.
Sec. 16. (1) The maturity for any financial assistance that is provided
under the Infrastructure Development Investment Program Act shall not exceed
the lesser of the useful life of the financed asset or thirty years, unless
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federal law allows a longer term or the commission determines a longer term
pursuant to state law.
(2) At the discretion of the commission, the repayment of any financial
assistance that is provided under the Infrastructure Development Investment
Program Act shall begin after completion of the project or upon the generation
of revenue from the project.
(3) The borrower of any financial assistance that is provided under the
Infrastructure Development Investment Program Act may prepay any required
payment for such financial assistance. No penalty is permitted for such
prepayment unless provided for by a bond covenant.
Sec. 17. (1) Financial assistance that is provided under the
Infrastructure Development Investment Program Act shall be secured by the
pledge of revenue from the project or system, any legally available source, or
any collateral required by the commission.
(2) The commission may require any reserve, intercept of any state aid
allocation, guarantee, or letter of credit to secure repayment.
(3) A public borrower may pledge revenue or credit only to the extent
permitted by state law and by ordinance or resolution of a political
subdivision.
Sec. 18. (1) The investment program may subordinate its lien to senior
debt if the commission determines that such subordination is necessary to
finance the project and is consistent with any bond covenant.
(2) The investment program may extend, defer, capitalize, or restructure
repayments to preserve project viability or to mitigate financial hardship,
subject to federal requirements and the approval of the commission.
Sec. 19. In the event of a default by a borrower under the Infrastructure
Development Investment Program Act, the investment program may pursue any
lawful remedy, including acceleration, set-off, intercept of state aid that is
otherwise due to the borrower, or transfer of collateral, consistent with
constitutional and federal limitations.
Sec. 20. (1) The investment program may provide financial assistance to
an eligible entity to pay for all or part of the eligible cost of an eligible
project. The investment program may require the eligible entity to enter into a
financing agreement in connection with its financial assistance obligation.
(2) The commission shall determine the form and content of such financing
agreement and financial assistance obligations, including the term and rate or
rates of interest on a financing agreement.
(3) The terms and conditions of financial assistance from any federal
account shall comply with applicable federal requirements.
Sec. 21. The commission shall prioritize the approval of applications for
financial assistance based on objective criteria, including, but not limited
to:
(1) Economic impact and job creation;
(2) Safety and system resilience benefits;
(3) Readiness and financial feasibility;
(4) Public benefit;
(5) Consistency with statewide transportation goals;
(6) Leverage of private capital or money that is not provided by the State
of Nebraska;
(7) Local support of the project; and
(8) The ability for the applicant to repay the financial assistance
according to the established terms and conditions.
Sec. 22. The investment program shall cause an annual independent audit
of all financial activities, including loan portfolios, investment earnings,
debt obligations, and fund transfers. The audit shall be performed by a
certified public accounting firm in accordance with generally accepted
government auditing standards.
Sec. 23. (1) The investment program shall prepare and electronically
submit a report to the Clerk of the Legislature no later than November 1 of
each year. The report shall include the following information relating to the
investment program:
(a) A statement of financial position and changes in net assets;
(b) A summary of lending and investment activities for each account and
eligible project;
(c) A list of each project that is financed, including the borrower,
purpose, loan terms, and repayment status; and
(d) Administrative and operating costs, fees collected, and reserve
balances.
(2) Each such report shall be published and made publicly available on the
website for the investment program.
Sec. 24. The investment program shall operate in compliance with:
(1) Federal law and program guidance applicable to state infrastructure
banks, including capitalization, use-of-funds, and reporting requirements
established under 23 U.S.C. 610, or any other applicable federal law, as such
federal law existed on January 1, 2026;
(2) State fiscal and procurement laws, except where specific exemptions
are provided under the Infrastructure Development Investment Program Act; and
(3) Any cooperative agreements entered into with the United States
Department of Transportation and its operating administrations or other federal
agencies.
Sec. 25. The investment program is authorized to issue revenue bonds,
notes, or other evidence of indebtedness for the purposes of financing,
refinancing, or refunding loans and other eligible costs under the
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Infrastructure Development Investment Program Act. Obligations may be issued in
any amount and at any time as approved by the commission to meet the funding
needs of any approved project. The issuance of bonds under the Infrastructure
Development Investment Program Act is separate and distinct from any authority
or limitation to issue bonds under the Nebraska Highway Bond Act.
Sec. 26. (1) Each obligation that is issued by the investment program
shall be a special, limited obligation that is payable solely from revenue,
repayments, pledged receipts, or other legally available funds of the
investment program, and shall not constitute a general obligation of the State
of Nebraska or a pledge of the full faith and credit of the State of Nebraska.
(2) Each obligation shall bear a clear statement on its face that such
obligation is a special, limited obligation that is payable solely from
revenue, repayments, pledged receipts, or other legally available funds of the
investment program, and shall not constitute a general obligation of the State
of Nebraska or a pledge of the full faith and credit of the State of Nebraska.
(3) The holder of an obligation shall not have the right to compel the
levy of any tax or compel any appropriation by the State of Nebraska for the
payment of debt service.
Sec. 27. (1) The investment program shall maintain a debt service
coverage ratio consistent with prudent fiscal standards and bond covenants.
(2) No obligation shall be issued that would cause the debt or liability
of the investment program to exceed available pledged revenue.
Sec. 28. (1) Prior to issuance, an obligation shall be authorized by a
resolution of the commission specifying the principal amount, purpose, interest
rate or rates, maturities of not to exceed forty years, redemption provisions,
and all other terms of the obligation.
(2) The commission may delegate execution and sale authority to any
designated issuing authority.
(3) Bond proceedings may include:
(a) A trust indenture or similar agreement that establishes pledges of
revenue, covenants, reserve requirements, and flow-of-funds structures;
(b) Authorization for refunding or advance refunding;
(c) Creation of special funds and reserve accounts; and
(d) Appointment of trustees, paying agents, and financial advisors as
needed.
Sec. 29. (1) The investment program may pledge any repayment, investment
earning, or interest subsidy, or any other investment program income to the
payment of any obligation or related reserve.
(2) Each such pledge shall constitute a valid and binding lien upon the
pledged revenue from the time of the pledge, without the need for physical
delivery, filing, or recording.
(3) Each such lien shall be valid and enforceable against any party having
a claim of any kind against the investment program, whether or not such party
has notice of the lien.
Sec. 30. (1) Any obligation may be sold at public or private sale, as
determined by the commission, at any price and interest rate deemed to be in
the best interest of the investment program.
(2) Each obligation shall be executed on behalf of the investment program
by the officer authorized pursuant to rules and regulations that are adopted
and promulgated by the commission.
(3) Each such obligation may bear a facsimile seal and signature, which
remain valid even if the officer ceases to hold office prior to delivery.
Sec. 31. The investment program may issue any refunding or advance
refunding obligation to retire outstanding debt, reduce debt service,
restructure any maturity, or achieve savings. Any such refunding shall not
extend any final maturity beyond the useful life of the financed asset.
Sec. 32. (1) The investment program shall maintain a bond service account
and such reserve accounts as required by bond proceedings.
(2) Debt service payments from pledged revenue or other legally available
money that are remitted to the State Treasurer shall be credited by the State
Treasurer to the Infrastructure Development Investment Program Fund.
(3) For each fiscal year, the investment program shall annually determine
and set aside an amount of money that is sufficient to pay the principal,
interest, and costs related to the payment of such principal and interest that
are due during such fiscal year.
Sec. 33. An obligation that is issued under the Infrastructure
Development Investment Program Act, the transfer of such obligation, and the
income from such issuance and transfer, including the profit from the sale of
such obligation, shall be exempt from state and local taxation.
Sec. 34. An obligation that is issued under the Infrastructure
Development Investment Program Act shall be a lawful investment for any bank,
trust company, insurance company, pension fund, or other fiduciary and may be
accepted as security for the deposit of public money.
Sec. 35. Each obligation shall be issued in conformity with the
Infrastructure Development Investment Program Act and federal securities
regulations, including continuing disclosure requirements and limitations on
arbitrage earnings under 26 U.S.C. 148, as such section existed on January 1,
2026.
Sec. 36. (1) In the event of default, any bondholder or trustee may
enforce any covenant through any mandamus, injunction, or other equitable
proceeding, consistent with the bond proceedings.
(2) Any trustee may be empowered to receive and administer pledged revenue
and ensure payment of debt service under the terms of a trust indenture.
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Sec. 37. (1) The commission may adopt and promulgate rules and
regulations to carry out the Infrastructure Development Investment Program Act.
(2) No later than July 1, 2027, the commission shall adopt and promulgate
rules and regulations to provide for:
(a) The transparent, equitable, and nondiscriminatory administration of
financial assistance;
(b) Public oversight and consistent scoring criteria for applications and
project evaluations;
(c) Systems to track compliance, defaults, and repayments;
(d) Prompt corrective actions to address any audit finding or material
weakness;
(e) Administration of the Infrastructure Development Investment Program
Act and response to evolving best practices in infrastructure finance and
management; and
(f) Application procedures, loan evaluation, pricing standards, credit
ratings, and ongoing monitoring to protect the integrity of the portfolio of
the investment program and ensure access across jurisdictions.
Sec. 38. (1) The commission shall adopt and maintain internal control
policies, investment standards, and risk management frameworks to ensure
prudent fiscal operations.
(2) Such controls shall comply with applicable state auditing, ethics, and
administrative procedures.
Sec. 39. The investment program shall maintain a website for access by
the public. At a minimum, such website shall contain reports published by the
investment program or the commission, rules and regulations adopted and
promulgated under the Infrastructure Development Investment Program Act, and
information for obtaining financial assistance from the investment program.
Sec. 40. Section 13-2901, Reissue Revised Statutes of Nebraska, is amended
to read:
13-2901 Sections 13-2901 to 13-2914 and section 46 of this act shall be
known and may be cited as the Political Subdivisions Construction Alternatives
Act.
Sec. 41. Section 13-2902, Reissue Revised Statutes of Nebraska, is amended
to read:
13-2902 The purpose of the Political Subdivisions Construction
Alternatives Act is to authorize a political subdivision to enter into a
design-build contract which is subject to qualification-based selection , or a
construction management at risk contract , or a public-private partnership
contract for a public project if the political subdivision adheres to the
procedures set forth in the act.
Sec. 42. Section 13-2903, Reissue Revised Statutes of Nebraska, is amended
to read:
13-2903 For purposes of the Political Subdivisions Construction
Alternatives Act:
(1) Construction management at risk contract means a contract by which a
construction manager (a) assumes the legal responsibility to deliver a
construction project within a contracted price to the political subdivision,
(b) acts as a construction consultant to the political subdivision during the
design development phase of the project when the political subdivision's
architect or engineer designs the project, and (c) is the builder during the
construction phase of the project;
(2) Construction manager means the legal entity which proposes to enter
into a construction management at risk contract pursuant to the act;
(3) Design-build contract means a contract which is subject to
qualification-based selection between a political subdivision and a design-
builder to furnish (a) architectural, engineering, and related design services
for a project pursuant to the act and (b) labor, materials, supplies,
equipment, and construction services for a project pursuant to the act;
(4) Design-builder means the legal entity which proposes to enter into a
design-build contract which is subject to qualification-based selection
pursuant to the act;
(5) Letter of interest means a statement indicating interest to enter into
a design-build contract or a construction management at risk contract for a
project pursuant to the act;
(6) Performance-criteria developer means any person licensed or any
organization issued a certificate of authorization to practice architecture or
engineering pursuant to the Engineers and Architects Regulation Act who is
selected by a political subdivision to assist the political subdivision in the
development of project performance criteria, requests for proposals, evaluation
of proposals, evaluation of the construction under a design-build contract to
determine adherence to the performance criteria, and any additional services
requested by the political subdivision to represent its interests in relation
to a project;
(7) Political subdivision means any a city, village, county, natural
resources district, metropolitan utilities district, public power district,
public power and irrigation district, school district, community college, or
state college;
(8) Project performance criteria means the performance requirements of the
project suitable to allow the design-builder to make a proposal. Performance
requirements include the following, if required by the project: Capacity,
durability, standards, ingress and egress requirements, description of the
site, surveys, soil and environmental information concerning the site, interior
space requirements, material quality standards, design and construction
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schedules, site development requirements, provisions for utilities, storm water
retention and disposal, parking requirements, applicable governmental code
requirements, and other criteria for the intended use of the project;
(9) Proposal means an offer in response to a request for proposals (a) by
a design-builder to enter into a design-build contract for a project pursuant
to the Political Subdivisions Construction Alternatives Act or (b) by a
construction manager to enter into a construction management at risk contract
for a project pursuant to the act;
(10) Public-private partnership means a project delivery method for
construction or financing of capital projects or procurement of services under
a written public-private partnership agreement entered into pursuant to section
13-2904 between at least one private partner and a political subdivision;
(11) Public-private partnership contract means a contract between a
private partner and a political subdivision that is entered into pursuant to
section 46 of this act;
(12) (10) Qualification-based selection process means a process of
selecting a design-builder based first on the qualifications of the design-
builder and then on the design-builder's proposed approach to the design and
construction of the project;
(13) (11) Request for letters of interest means the documentation or
publication by which a political subdivision solicits letters of interest;
(14) (12) Request for proposals means the documentation by which a
political subdivision solicits proposals; and
(15) (13) School district means any school district classified under
section 79-102.
Sec. 43. Section 13-2904, Reissue Revised Statutes of Nebraska, is amended
to read:
13-2904 (1) Notwithstanding the procedures for public lettings in sections
73-101 to 73-106 or any other statute relating to the letting of bids by a
political subdivision, a political subdivision which follows the Political
Subdivisions Construction Alternatives Act may do any of the following:
(a) Solicit solicit and execute a design-build contract or a construction
management at risk contract; and .
(b) Enter into a public-private partnership contract.
(2) A political subdivision may receive, evaluate, and execute any
unsolicited proposal from a private party. Such proposal may be initiated by
such private party. A public-private partnership contract may be entered into
between the private party and political subdivision without complying with the
requirements for design-build contracts or construction management at risk
contracts under the Political Subdivisions Construction Alternatives Act.
(3) (2) The governing body of the political subdivision shall adopt a
resolution selecting the design-build contract , or construction management at
risk contract, or public-private partnership contract delivery system provided
under the act prior to proceeding under with the provisions of sections 13-2905
to 13-2914 and section 46 of this act. The resolution shall require the
affirmative vote of at least two-thirds of the governing body of the political
subdivision. For a project authorized under subsection (3) of section 13-2914,
the resolution shall include a statement that the political subdivision has
made a determination that the design-build contract, or construction management
at risk contract, or public-private partnership contract delivery system is in
the public interest based, at a minimum, on one of the following criteria: (a)
Savings in cost or time or (b) requirement of specialized or complex
construction methods suitable for the design-build contract , or construction
management at risk contract , or public-private partnership contract delivery
system.
Sec. 44. Section 13-2905, Reissue Revised Statutes of Nebraska, is amended
to read:
13-2905 The political subdivision shall adopt policies for entering into a
design-build contract, or construction management at risk contract , or public-
private partnership contract. The policies shall require that such contracts
include the following:
(1) Procedures for selecting and hiring on its behalf a performance-
criteria developer when soliciting and executing a design-build contract. The
procedures shall be consistent with the Nebraska Consultants' Competitive
Negotiation Act and shall provide that the performance-criteria developer (a)
is ineligible to be included as a provider of any services in a proposal for
the project on which it has acted as performance-criteria developer and (b) is
not employed by or does not have a financial or other interest in a design-
builder or construction manager who will submit a proposal;
(2) Procedures for the preparation and content of requests for proposals;
(3) Procedures and standards to be used to prequalify design-builders and
construction managers. The procedures and standards shall provide that the
political subdivision will evaluate prospective design-builders and
construction managers based on the information submitted to the political
subdivision in response to a request for letters of interest and will select
design-builders or construction managers who are prequalified and consequently
eligible to respond to the request for proposals;
(4) Procedures for preparing and submitting proposals;
(5) Procedures for receiving and evaluating unsolicited proposals from
private parties that are outside of the proposal process for design-build
contracts and construction management at risk contracts;
(6) (5) Procedures for evaluating proposals in accordance with sections
13-2908, 13-2910, and 13-2911;
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(7) (6) Procedures for negotiations between the political subdivision and
the design-builders or construction managers submitting proposals prior to the
acceptance of a proposal if any such negotiations are contemplated;
(8) (7) Procedures for filing and acting on formal protests relating to
the solicitation or execution of design-build contracts or construction
management at risk contracts; and
(9) (8) Procedures for the evaluation of construction under a design-build
contract by the performance-criteria developer to determine adherence to the
performance criteria.
Sec. 45. Section 13-2911, Reissue Revised Statutes of Nebraska, is amended
to read:
13-2911 (1) In evaluating proposals in accordance with sections 13-2908
and 13-2910 and section 46 of this act, the political subdivision shall refer
the proposals for recommendation to a selection committee. The selection
committee shall be a group of at least five persons designated by the political
subdivision. Members of the selection committee shall include (a) members of
the governing body of the political subdivision, (b) members of the
administration or staff of the political subdivision, (c) the performance-
criteria developer when evaluating proposals from design-builders under section
13-2908 or the political subdivision's architect or engineer when evaluating
proposals from construction managers under section 13-2910, (d) any person
having special expertise relevant to selection of a design-builder or
construction manager under the Political Subdivisions Construction Alternatives
Act, and (e) a resident of the political subdivision other than an individual
included in subdivisions (a) through (d) of this subsection. A member of the
selection committee designated under subdivision (d) or (e) of this subsection
shall not be employed by or have a financial or other interest in a design-
builder or construction manager who has a proposal being evaluated and shall
not be employed by the political subdivision or the performance-criteria
developer.
(2) The selection committee and the political subdivision shall evaluate
proposals taking into consideration the criteria enumerated in subdivisions (a)
through (g) of this subsection with the maximum percentage of total points for
evaluation which may be assigned to each criterion set forth following the
criterion. The following criteria shall be evaluated, when applicable:
(a) The financial resources of the design-builder , or construction
manager, or public-private partnership to complete the project, ten percent;
(b) The ability of the proposed personnel of the design-builder , or
construction manager, or public-private partnership to perform, thirty percent;
(c) The character, integrity, reputation, judgment, experience, and
efficiency of the design-builder , or construction manager , or public-private
partnership, thirty percent;
(d) The quality of performance on previous projects, thirty percent;
(e) The ability of the design-builder, or construction manager, or public-
private partnership to perform within the time specified, thirty percent;
(f) The previous and existing compliance of the design-builder , or
construction manager, or public-private partnership with laws relating to the
contract, ten percent; and
(g) Such other information as may be secured having a bearing on the
selection, twenty percent.
(3) The records of the selection committee in evaluating proposals and
making recommendations shall be considered public records for purposes of
section 84-712.01.
Sec. 46. (1) This section applies to unsolicited proposals under the
Political Subdivisions Construction Alternatives Act.
(2) If the governing body of a political subdivision determines that there
is sufficient merit to pursue such unsolicited proposal, a reasonable
opportunity shall be provided for other private parties to submit competing
proposals for consideration.
(3) A political subdivision may charge and retain an administrative fee of
not more than five hundred dollars for:
(a) The initial evaluation and detailed review of an unsolicited proposal;
and
(b) The review of any competing proposal.
(4) The political subdivision may:
(a) Spend money bonded or otherwise raised for the purpose of reviewing,
developing, or implementing any unsolicited proposal; and
(b) Enter into any public-private partnership contract for a proposal that
is deemed by the governing body of the political subdivision to be in the best
interest of the political subdivision.
Sec. 47. Section 13-2912, Reissue Revised Statutes of Nebraska, is amended
to read:
13-2912 (1) A design-build contract, and a construction management at risk
contract, or public-private partnership contract may be conditioned upon later
refinements in scope and price and may permit the political subdivision in
agreement with the design-builder , or construction manager, or private partner
to make changes in the project without invalidating the contract.
(2) Later refinements under this section shall not exceed the scope of the
project statement contained in the request for proposals pursuant to section
13-2907 or 13-2909. This subsection (2) does not apply to public-private
partnership contracts.
Sec. 48. Section 13-2914, Reissue Revised Statutes of Nebraska, is amended
to read:
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13-2914 (1) A political subdivision shall not use a design-build contract ,
or construction management at risk contract , or public-private partnership
contract under the Political Subdivisions Construction Alternatives Act for a
project, in whole or in part, for road, street, or highway construction.
(2) A city of the metropolitan class may use a design-build contract , or
construction management at risk contract , or public-private partnership
contract under the Political Subdivisions Construction Alternatives Act for the
purpose of complying with state or federal requirements to control or minimize
overflows from combined sewers.
(3) A political subdivision may use a design-build contract , or
construction management at risk contract , or public-private partnership
contract under the Political Subdivisions Construction Alternatives Act for a
project, in whole or in part, for water, wastewater, utility, or sewer
construction.
Sec. 49. Section 39-1351, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
39-1351 (1) Except as provided in subsection (2) of this section, any
person desiring to submit to the department a bid for the performance of any
contract for the construction, reconstruction, improvement, maintenance, or
repair of roads, bridges, and their appurtenances, which the department
proposes to let, shall apply to the department for prequalification. Such
application shall be made not later than five days before the letting of the
contract unless fewer than five days is specified by the department. The
department shall determine the extent of any applicant's qualifications by a
full and appropriate evaluation of the applicant's experience, bonding capacity
as determined by a bonding agency licensed to do business in the State of
Nebraska or other sufficient financial showing deemed satisfactory by the
department, and performance record. In determining the qualification of an
applicant to bid on any particular contract, the department shall consider the
resources available for the particular contract contemplated.
(2) The department may, in its sole discretion, grant an exemption from
all prequalification requirements for (a) any contract for:
(a) The the construction, reconstruction, improvement, maintenance, or
repair of roads, bridges, and their appurtenances if the estimate of the
department for such work is two hundred fifty thousand dollars or less; or
(b) The any contract for the construction, reconstruction, improvement,
maintenance, or repair of roads, bridges, and their appurtenances if such work
is of an emergency nature; .
(c) Turf maintenance or vegetation control, including mowing, weed
spraying, weed maintenance, tree trimming, tree removal, and tree maintenance;
(d) Fence installation, repair, or maintenance;
(e) Ditch cleaning or erosion control;
(f) Culvert repair or maintenance, including relining, cleanout, and other
structural repairs or maintenance;
(g) Any device for an intelligent transportation system, any other
technological device, or the repair or maintenance of any such type of device;
(h) Repair or maintenance of any rest area or weigh station; or
(i) Any repair or maintenance relating to any road, bridge, or
appurtenance of any road or bridge, if such repair or maintenance is of a
routine nature.
Sec. 50. Section 39-1638, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1638 For purposes of the Rural Road Improvement District Act, unless
the context otherwise requires:
(1) Persons shall include individuals, corporations, partnerships, and
limited liability companies;
(1) (2) Board, board of county commissioners, or board of county
supervisors means shall mean the governing body of the county; and
(2) District means a rural road improvement district created under the
Rural Road Improvement District Act;
(3) Improvement means shall mean the completed road , or roads, and all
work incidental thereto; and .
(4) Person includes any individual, corporation, partnership, and limited
liability company.
Sec. 51. Section 39-1639, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1639 Any county may establish and construct new roads, change or extend
existing roads, and improve such roads by grading, surfacing, draining , and
incidental work by the board on its own initiative declaring the advisability
or necessity for such establishment, construction, change, extension, or
improvement therefor in a proposed resolution at a meeting of the board. Such ,
which resolution shall state:
(1) The the road or roads to be improved; ,
(2) If if a new road is contemplated, the general location of the new road
or changes in location of an existing road; ,
(3) The the general description of the proposed improvement, and if the
road is to be surfaced, the materials to be used for such improvement;
therefor,
(4) A a rough estimate of the total cost of the improvement, which may be
made by the county surveyor or any engineer or competent person and need not be
based on detailed plans and specifications; ,
(5) Proposed proposed method of financing; , and
(6) The the outer boundaries of the district ; and in which it is proposed
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to levy special assessments.
(7) Whether special assessments will be levied within such district or the
cost of the improvement will be a general charge to the county.
Sec. 52. Section 39-1640, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1640 (1) When a petition is filed with the county clerk signed by
persons owning not less than twenty-five percent of the area in the proposed
district requesting the formation of a district, the board governing body of
the county in which the proposed district is located shall prepare and propose
the resolution as provided in section 39-1639.
(2) Any such The petition shall state the improvements desired and the
property to be included in the district.
Sec. 53. Section 39-1641, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1641 (1) A resolution described in section 39-1639 shall not be adopted
by the board during the same meeting at which such resolution was proposed.
(2) If special assessments are proposed to be levied in a district, the
The board shall set a time and place for a hearing on the proposed resolution
and give notice of such hearing thereof by publication in a newspaper of
general circulation in the county on the same day each week during two
successive weeks immediately prior to such hearing meeting and posting such
notice in three conspicuous places in the proposed district.
Sec. 54. Section 39-1642, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1642 (1) If special assessments are proposed to be levied in the
proposed district, any person that owns If persons owning more than fifty
percent in area of the real property in the proposed district may file a
written objection to the formation of the district. Such written objection
shall:
(a) Include any reason why such person objects to the formation of such
district; and
(b) Be filed with the county clerk prior to the time set for the hearing
pursuant to section 39-1641, if any.
(2) If written objections are filed by one or more persons that own more
than a combined fifty percent in area of the real property in the proposed
district, with the county clerk prior to the time set for hearing written
objections to the formation of the district stating the reasons for their
objections, the resolution proposed under section 39-1639 shall not be passed
and no hearing shall be held.
(3) At the hearing, all persons interested in the proposed improvement
shall be given an opportunity to be heard on any matters affecting the
formation of the district or the improvements to be made in such district
therein.
(4) The hearing may be continued from time to time to give opportunity to
ascertain all pertinent information.
(5) At or following such said hearing, or at any subsequent meeting of the
board if no hearing was required, the board may pass the resolution as
proposed, amend the resolution and pass the amended resolution, or deny passage
of the resolution. The amendments may, among other things, exclude any tracts
included in the proposed resolution, include additional property in the
district, or change the boundaries of the proposed district.
Sec. 55. Section 39-1643, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1643 (1) Upon The board on passing the resolution described in section
39-1639 that creates a creating the district in which special assessments will
be levied, the board shall appoint an advisory committee of not less than three
persons residing in the district to advise with the board on all matters
affecting the road improvement in the district, financing the cost of the road
improvement thereof, and the levy of special assessments.
(2) The board may from time to time replace any person who resigns or
refuses to act or appoint additional members to the advisory committee.
(3) The members of the committees shall receive no compensation for their
services, but may be reimbursed for expenses incurred by them in performing
their duties, with reimbursement for mileage to be computed at the rate
provided in section 81-1176, and the amount of such reimbursement thereof shall
be included in the cost of the improvement.
Sec. 56. Section 39-1644, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1644 (1) The district when formed shall be known as Rural Road
Improvement District No. ........ of .................... County.
(2) The district , when established, shall not include any lands located
within a village or city.
(3) The board shall proceed as expeditiously as possible to make detailed
plans for the improvement and improve the roads as generally outlined in the
resolution, but may make such changes in the general plan of improvement found
necessary to make the improvement more adequate. The improvement may include
culverts, bridges, and other drainage work in the county related to the roads,
and the county may construct fences along the right-of-way or contract with the
adjoining owners to move any existing fences or construct new fences.
(4) The county may:
(a) Obtain obtain any property necessary for the improvement by gift,
purchase, or by eminent domain; .
(b) Accept The county may accept gifts or contributions to assist in the
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costs of the improvement;
(c) Contract and may contract with the state or federal government for
assistance in making such said improvement and defraying the cost of such
improvement; thereof.
(d) Contract The county may contract for the entire improvement or any
part of such improvement; and thereof or
(e) Purchase may purchase the materials and do part of the work with its
own equipment and employees.
(5) If the work is done by contract, bids shall be taken and the contract
let in the same manner as letting other contracts for county work.
(6) The county may employ special engineers and special counsel to assist
in the improvement, and their compensation shall be considered as a part of the
cost of the improvement.
Sec. 57. Section 39-1645, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1645 (1) To pay the cost of the improvement as the work progresses , the
county may:
(a) Issue bonds as provided in section 39-1648 and provide for such
payment of costs from bond proceeds; or
(b) Issue issue progress warrants drawn against the rural road improvement
fund for the total cost of materials purchased on receipt of the materials, for
the right-of-way acquired, for engineering and legal expense, and for other
incidental expenses, and for ninety-five percent of the cost of the work
completed and materials necessarily purchased and delivered for the orderly and
proper continuation of the project by the contractor as certified by the
engineer in charge.
(2) On completion of the contract and the acceptance of the improvement by
the county, a warrant may be drawn for the balance due the contractor. The
warrants shall draw interest at the rate set by the county board.
(3) The county shall pay to the contractor interest, at the rate of eight
percent per annum on the amounts due on partial and final payments, beginning
forty-five days after the certification of the amounts due by the engineer in
charge and approval by the board governing body and running until the date that
the warrant is tendered to the contractor.
Sec. 58. Section 39-1646, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1646 (1) A The county that creates a district shall establish:
(a) A a special fund for each district to be known as rural road
improvement district No. ........... fund; or ,
(b) A single rural road improvement fund for all districts in the county
and from which any cost related to a road improvement for any such district
shall be paid.
(2) Such county shall credit to the rural road improvement fund:
(a) Money and credit to said fund all contributions including money
transferred from the county's general fund; ,
(b) All all money collected as special assessments; ,
(c) Special or special levies against the property in the district; , and
(d) All all money received from the sale of the bonds issued under the
provisions of section 39-1648.
(3) All expenses incurred in connection with the improvement and that are
not paid out of the general fund funds of the county shall be paid from the by
warrants drawn on said rural road improvement fund for the district.
Sec. 59. Section 39-1647, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1647 (1) On completion and acceptance of the improvement in a district
where special assessments may be levied, the engineer in charge of the
improvement project shall make and file a statement with the county clerk. Such
a statement shall include a description of the complete cost of the
improvements, including interest accruing on the progress warrants.
(2) The board , with the assistance of the advisory committee and special
counsel and engineer in charge of the improvement project, shall:
(a) Determine determine what part of the costs shall be specially assessed
to the property in the district; and
(b) Prepare shall prepare a proposed schedule of assessments against all
properties in the district deemed specially benefited by the improvements.
(3) Any land in the district may be specially assessed for the amount it
is specially benefited even though the property does not adjoin the road
improved.
(4)(a) The board shall fix a time and place for a meeting when it will sit
as a board of adjustment and equalization and give notice of such meeting
thereof by publication on the same day of each week for two consecutive weeks
immediately prior to the meeting in a newspaper of general circulation in the
county and by mailing a copy of the notice to each record owner of property
proposed to be specially assessed.
(b) At the meeting the board shall equalize and levy the special
assessments.
(5)(a) All special assessments provided for in this section shall be a
lien on the property from date of levy and shall become due fifty days after
date of levy and may be paid within that time without interest . Any special
assessment that is not paid on or before its due date shall be charged interest
on the amount of such special assessment that remains unpaid. No interest shall
accrue prior to the due date for such special assessment. The rate of interest
shall be but if not so paid they shall bear interest thereafter at a rate
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established by the board , but shall not to exceed the rate of interest
specified in section 45-104.01, as such rate may from time to time be adjusted
by the Legislature , until delinquent.
(b) Such assessments shall become delinquent in equal annual installments
over a period of not to exceed twenty ten years as the board may determine at
the time of making the levy. Delinquent installments shall bear interest at the
rate specified in section 45-104.01, as such rate may from time to time be
adjusted by the Legislature, until paid and shall be collected in the usual
manner for the collection of taxes.
Sec. 60. Section 39-1648, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1648 (1) The On completion and acceptance of the improvement, the
county may shall issue and sell at not less than par bonds of the county in an
amount sufficient to pay the balance of the costs of the improvements. Prior to
the issuance and sale of such bonds, the county shall take , taking into
account the amounts collected or expected to be collected on special
assessments and any money funds contributed to the district or otherwise
available for the improvement.
(2) Bonds issued under this section The bonds shall:
(a) Mature mature in not to exceed twenty ten years from their date of
issuance and bear interest payable annually or semiannually; and .
(b) Constitute The bonds shall constitute a general obligation of the
county. ,
(3) All but all special assessments levied in the district and all ,
special taxes, or contributions made to the district shall constitute a sinking
fund for the payment of the bonds issued for such district.
(4) The county shall collect all special assessments and special taxes and
levy and collect annually a tax on all taxable property in the county
sufficient in rate and amount to pay any deficiency on the amount required to
pay both principal and interest on the bonds as such bonds become due. Prior to
the levying of any such tax, the county shall take into account the amounts
available for the payment of such bonds in the sinking fund for the district
the same fall due.
(5) The bonds and tax authorized under in this section shall be in
addition to all other bonds and taxes authorized by law and shall not be
included in computing any statutory limitation on the amount of bonds or tax
that which may be issued or levied by the county.
Sec. 61. Section 39-1649, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1649 (1) When the road improvements have been completed and accepted,
the roads shall constitute a part of the county road system and shall be
maintained by the county.
(2) The If the owners of more than fifty percent of the area in the
district may petition the board for maintenance in excess of that given to
other similar county roads . If such petition is made, the board may levy and
collect annually a special levy of not to exceed three and five-tenths cents on
each one hundred dollars on all taxable property in the district subject to
section 77-3443.
(3) Money that is collected pursuant to a special levy under this section
The money as collected shall be credited to the rural road improvement district
fund for such district and used only for the repair and maintenance of the
roads in the district where such special levy was imposed.
Sec. 62. Section 39-1650, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1650 (1) Subsection (2) of this section applies:
(a) When it is When it shall be deemed advisable to enlarge the boundaries
of a district by the advisory committee for a of the district where special
assessments have been or will be imposed; to enlarge the boundaries thereof,
and
(b) If the conditions mentioned in section 39-1639 apply to such enlarged
territory. ,
(2)(a) A a petition for the enlargement of such the district that is ,
signed by persons that own owning not less than twenty-five percent of the
territory proposed to be added to the district , may be filed with the county
clerk.
(b) If a petition is filed pursuant to subdivision (a) of this subsection,
and thereupon the board shall proceed in all respects as provided in sections
39-1640 to 39-1643, so far as applicable.
Sec. 63. Section 39-1651, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1651 (1) A petition to withdraw seeking the withdrawal of real property
from a such district may be filed: ,
(a) By signed by persons that own owning not less than twenty-five percent
of the territory in an area that is proposed to be withdrawn; and
(b) If special assessments have been or will be imposed in such district.
(2) A petition described in subsection (1) of this section shall may be
filed with the county clerk.
(3) If a petition is filed pursuant to this section, the The board shall
set a time and place for a hearing pursuant to as set forth in sections 39-1641
and 39-1642. At the hearing the board may pass a resolution permitting the
withdrawal of the proposed territory.
(4) Any area withdrawn from the district shall be subject to assessment
and be otherwise chargeable for the payment and discharge of all the
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obligations outstanding at the time of filing the petition for withdrawal.
(5) An area withdrawn from a district shall not be subject to assessment
or otherwise chargeable for any obligations of any nature or kind incurred
after the time of filing the petition for withdrawal of the area from the
district.
Sec. 64. Section 39-1652, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1652 (1) A petition to consolidate two or more districts in a county
may be filed:
(a) By persons that own Upon the filing of a petition with the county
clerk by persons owning not less than twenty-five percent of the territory of
each district in the proposed consolidation; and
(b) If special assessments have been or will be imposed in each district
in the proposed consolidation.
(2) A petition described in subsection (1) of this section shall be filed
with the county clerk.
(3) If a petition is filed pursuant to this section, of the county
proposing a consolidation of the districts, the board shall set a time and
place for a hearing pursuant to as set forth in sections 39-1641 and 39-1642.
At the hearing the board may pass a resolution consolidating the districts that
are described in the petition petitioning to be consolidated.
Sec. 65. Section 39-1653, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1653 (1) A petition for dissolution of a district may be filed:
(a) By persons that own Upon the filing of a petition for dissolution with
the county clerk by persons owning not less than twenty-five percent of the
territory of the district; and ,
(b) If special assessments have been or will be imposed in such district.
(2) A petition described in subsection (1) of this section shall be filed
with the county clerk.
(3) If a petition is filed pursuant to this section, the board shall set a
time and place for a hearing pursuant to as set forth in sections 39-1641 and
39-1642. At the hearing the board may pass a resolution dissolving the
district.
(4) If a district is dissolved pursuant to this section, the The board
shall perform all acts necessary to wind up the affairs of the district. All
funds remaining after discharge of the district's indebtedness shall be
deposited in the general fund of the county.
Sec. 66. Section 39-1655, Reissue Revised Statutes of Nebraska, is amended
to read:
39-1655 Sections 39-1638 to 39-1655 shall be known and may be cited as the
Rural Road Improvement District Act.
Sec. 67. Section 39-2801, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
39-2801 Sections 39-2801 to 39-2825 and section 70 of this act shall be
known and may be cited as the Transportation Innovation Act.
Sec. 68. Section 39-2802, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
39-2802 For purposes of the Transportation Innovation Act:
(1) Alternative technical concept means changes suggested by a qualified,
eligible, short-listed design-builder to a contracting agency's basic
configurations, project scope, design, or construction criteria;
(2) Best value-based selection process means a process of selecting a
design-builder using price, schedule, and qualifications for evaluation
factors;
(3) Construction manager means the legal entity which proposes to enter
into a construction manager-general contractor contract pursuant to the act;
(4) Construction manager-general contractor contract means a contract
which is subject to a qualification-based selection process between a
contracting agency and a construction manager to furnish preconstruction
services during the design development phase of the project and, if an
agreement can be reached which is satisfactory to the contracting agency,
construction services for the construction phase of the project;
(5) Construction services means activities associated with building the
project;
(6) Contracting agency means the department or a political subdivision ,
an eligible county, a city of the metropolitan class, or a city of the primary
class using the powers provided under the Transportation Innovation Act;
(7) Department means the Department of Transportation;
(8) Design-build contract means a contract between a contracting agency
and a design-builder which is subject to a best value-based selection process
to furnish (a) architectural, engineering, and related design services and (b)
labor, materials, supplies, equipment, and construction services;
(9) Design-builder means the legal entity which proposes to enter into a
design-build contract;
(10) Eligible county means (a) a county or (b) a joint entity created by
agreement under section 13-804 if a county is a party to the agreement;
(11) Multimodal transportation network means the interconnected system of
highways, roads, streets, rail lines, river ports, and transit systems which
facilitates the movement of people and freight to enhance Nebraska's economy;
(12) Political subdivision means any city, village, or eligible county;
(13) (12) Preconstruction services means all nonconstruction-related
services that a construction manager performs in relation to the design of the
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project before execution of a contract for construction services.
Preconstruction services includes, but is not limited to, cost estimating,
value engineering studies, constructability reviews, delivery schedule
assessments, and life-cycle analysis;
(14) (13) Private partner means any entity that is a partner in a public-
private partnership other than the State of Nebraska, any agency of the State
of Nebraska, the federal government, any agency of the federal government, any
other state government, or any agency of any government at any level;
(15) (14) Progressive design-build means a project-delivery process in
which both the design and construction of a project are procured from a single
entity that is selected through a qualification-based selection process at the
earliest feasible stage of the project;
(16) (15) Project performance criteria means the performance requirements
of the project suitable to allow the design-builder to make a proposal.
Performance requirements shall include, but are not limited to, the following,
if required by the project: Capacity, durability, standards, ingress and egress
requirements, description of the site, surveys, soil and environmental
information concerning the site, material quality standards, design and
milestone dates, site development requirements, compliance with applicable law,
and other criteria for the intended use of the project;
(17) (16) Proposal means an offer in response to a request for proposals
(a) by a design-builder to enter into a design-build contract or (b) by a
construction manager to enter into a construction manager-general contractor
contract;
(18) (17) Public-private partnership means a project delivery method for
construction or financing of capital projects or procurement of services under
a written public-private partnership agreement entered into pursuant to section
39-2825 between at least one private partner and a contracting agency the State
of Nebraska or any agency of the state;
(19) (18) Qualification-based selection process means a process of
selecting a construction manager or progressive design-builder based on
qualifications;
(20) (19) Request for proposals means the documentation by which a
contracting agency solicits proposals; and
(21) (20) Request for qualifications means the documentation or
publication by which a contracting agency solicits qualifications.
Sec. 69. Section 39-2811, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
39-2811 The department shall adopt guidelines for entering into a design-
build contract, a progressive design-build contract, or construction manager-
general contractor contract. If a political subdivision an eligible county, a
city of the metropolitan class, or a city of the primary class intends to
proceed with a design-build contract, a progressive design-build contract, or a
construction manager-general contractor contract, the political subdivision
eligible county, city of the metropolitan class, or city of the primary class
may adopt the guidelines published by the department. The department's
guidelines shall include the following:
(1) Preparation and content of requests for qualifications;
(2) Preparation and content of requests for proposals;
(3) Qualification and short-listing of design-builders, progressive
design-builders, and construction managers. The guidelines shall provide that
the contracting agency will evaluate prospective design-builders, progressive
design-builders, and construction managers based on the information submitted
to the contracting agency in response to a request for qualifications and will
select a short list of design-builders, progressive design-builders, or
construction managers who shall be considered qualified and eligible to respond
to the request for proposals;
(4) Preparation and submittal of proposals;
(5) Procedures and standards for evaluating proposals;
(6) Procedures for negotiations between the contracting agency and the
design-builders, progressive design-builders, or construction managers
submitting proposals prior to the acceptance of a proposal if any such
negotiations are contemplated; and
(7) Procedures for the evaluation of construction under a design-build
contract or a progressive design-build contract to determine adherence to the
project performance criteria; and .
(8) Procedures for the receipt and evaluation of an unsolicited proposal
pursuant to section 70 of this act.
Sec. 70. (1) The procedures used by the department when evaluating an
unsolicited proposal shall include a requirement that, if the department
determines that there is sufficient merit to pursue an unsolicited proposal, a
reasonable opportunity shall be provided for other entities to submit competing
proposals for consideration. The department may charge and retain an
administrative fee of not more than five hundred dollars for:
(a) The initial evaluation and detailed review of an unsolicited project
proposal; and
(b) The review of any competing proposal to the unsolicited proposal.
(2) The department may:
(a) Spend money appropriated to the department for the purpose of
reviewing, developing, and implementing any unsolicited proposal; and
(b) Enter into any contract for a proposal deemed by the department to be
in the best interest of the State of Nebraska.
(3) It is the intent of the Legislature that the department favor any
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creative or innovative unsolicited proposal that will provide a material
benefit to the State of Nebraska beyond the traditional procurement and project
delivery methods.
Sec. 71. Section 39-2814, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
39-2814 A contracting agency shall prepare a request for proposals for
each design-build or progressive design-build contract. The request for
proposals shall contain, at a minimum, the following elements:
(1) The guidelines adopted in accordance with section 39-2811. The
identification of a publicly accessible location of the guidelines, either
physical or electronic, shall be considered compliance with this subdivision;
(2) The proposed terms and conditions of the design-build or progressive
design-build contract, including any terms and conditions which are subject to
further negotiation;
(3) A project statement which contains information about the scope and
nature of the project;
(4) If applicable, a statement regarding alternative technical concepts
including the process and time period in which such concepts may be submitted,
confidentiality of the concepts, and ownership of the rights to the
intellectual property contained in such concepts;
(5) Project performance criteria;
(6) Budget parameters for the project;
(7) Any bonding and insurance required by law or as may be additionally
required by the contracting agency;
(8) The criteria for evaluation of proposals and the relative weight of
each criterion. For both design-build and progressive design-build contracts,
the criteria shall include, but are not limited to, construction experience,
design experience, and the financial, personnel, and equipment resources
available for the project. For design-build contracts only, the criteria shall
also include the cost of the work. For progressive design-build contracts only,
the criteria shall also include consideration of the historic reasonableness of
the progressive design-builder's costs and expenses when bidding and completing
projects, whether such projects were completed using the progressive design-
build process or another bidding and contracting process. The relative weight
to apply to any criterion shall be at the discretion of the contracting agency
based on each project, except that for all design-build contracts, the cost of
the work shall be given a relative weight of at least fifty percent;
(9) A requirement that the design-builder or progressive design-builder
provide a written statement of the design-builder's or progressive design-
builder's proposed approach to the design and construction of the project,
which may include graphic materials illustrating the proposed approach to
design and construction;
(10) A requirement that the design-builder or progressive design-builder
agree to the following conditions:
(a) At the time of the design-build or progressive design-build proposal,
the design-builder or progressive design-builder must furnish to the
contracting agency a written statement identifying the architect or engineer
who will perform the architectural or engineering work for the project. The
architect or engineer engaged by the design-builder or progressive design-
builder to perform the architectural or engineering work with respect to the
project must have direct supervision of such work and may not be removed by the
design-builder or progressive design-builder prior to the completion of the
project without the written consent of the contracting agency;
(b) At the time of the design-build or progressive design-build proposal,
the design-builder or progressive design-builder must furnish to the
contracting agency a written statement identifying the general contractor who
will provide the labor, material, supplies, equipment, and construction
services. The general contractor identified by the design-builder or
progressive design-builder may not be removed by the design-builder or
progressive design-builder prior to completion of the project without the
written consent of the contracting agency;
(c) A design-builder or progressive design-builder offering design-build
or progressive design-build services with its own employees who are design
professionals licensed to practice in Nebraska must (i) comply with the
Engineers and Architects Regulation Act by procuring a certificate of
authorization to practice architecture or engineering and (ii) submit proof of
sufficient professional liability insurance in the amount required by the
contracting agency; and
(d) The rendering of architectural or engineering services by a licensed
architect or engineer employed by the design-builder or progressive design-
builder must conform to the Engineers and Architects Regulation Act;
(11) The amount and terms of the stipend required pursuant to section
39-2815, if any; and
(12) Other information or requirements which the contracting agency, in
its discretion, chooses to include in the request for proposals.
Sec. 72. Section 39-2824, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
39-2824 The department may adopt and promulgate rules and regulations to
carry out the Transportation Innovation Act. A political subdivision An
eligible county, a city of the metropolitan class, or a city of the primary
class may adopt a resolution or an ordinance establishing rules to carry out
the act.
Sec. 73. Section 39-2825, Revised Statutes Cumulative Supplement, 2024, is
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amended to read:
39-2825 (1) A public-private partnership delivery method may be used for
projects under the Transportation Innovation Act and other transportation
projects deemed appropriate at the discretion of the Director-State Engineer in
the case of the department, or the governing body of any other contracting
agency, as provided in this section and rules and regulations adopted and
promulgated pursuant to this section only to the extent allowed under the
Constitution of Nebraska. State contracts using this method shall be awarded by
competitive negotiation. The department shall not use or accept an unsolicited
proposal that includes minor maintenance, restoration, rehabilitation, or
resurfacing of bridges or highways.
(2) A contracting agency utilizing a public-private partnership shall
continue to be responsible for oversight of any function that is delegated to
or otherwise performed by a private partner.
(3) The On or before July 1, 2023, the Director-State Engineer shall adopt
and promulgate rules and regulations setting forth criteria to be used in
determining when a public-private partnership is to be used for a particular
project. The rules and regulations shall reflect the intent of the Legislature
to promote and encourage the use of public-private partnerships in the State of
Nebraska. The Director-State Engineer shall consult with design-builders,
progressive design-builders, construction managers, other contractors and
design professionals, including engineers and architects, and other appropriate
professionals during the development of the rules and regulations.
(4) A request for proposals for a project utilizing a public-private
partnership or an unsolicited proposal from any private partner that is outside
of a request for proposal process shall include at a minimum:
(a) The parameters of the proposed public-private partnership agreement;
(b) The duties and responsibilities to be performed by the private partner
or private partners;
(c) The methods of oversight to be employed by the contracting agency;
(d) The duties and responsibilities that are to be performed by the
contracting agency and any other parties to the contract;
(e) The evaluation factors and the relative weight of each factor to be
used in the scoring of awards;
(f) How the private partner plans to finance and operate Plans for
financing and operating the project and the project or operating revenue,
service or availability payments, bond financings, and appropriations of public
funds that are anticipated to be needed in the future for the qualifying
project, subject to appropriation by the Legislature;
(g) The private partner's proposal for the availability and performance
standards that would be used to determine qualification for receiving
availability payments from the contracting agency;
(h) (g) Comprehensive documentation of the experience, capabilities,
capitalization and financial condition, and other relevant qualifications of
the private entity submitting the proposal;
(i) (h) The ability of a private partner or private partners to quickly
respond to the needs presented in the request for proposals and the importance
of economic development opportunities represented by the project. In evaluating
proposals, preference shall be given to a plan that includes the involvement of
small businesses as subcontractors, to the extent that small businesses can
provide services in a competitive manner, unless any preference interferes with
the qualification for federal or other funds; and
(j) (i) Other information required by the contracting agency to evaluate
the proposals submitted and the overall proposed public-private partnership.
(5) A private entity desiring to be a private partner shall demonstrate to
the satisfaction of the contracting agency that it is capable of performing any
duty, responsibility, or function it may be authorized or directed to perform
as a term or condition of the public-private partnership agreement.
(6) A request for proposals may be canceled, or all proposals may be
rejected, if it is determined in writing that such action is taken in the best
interest of the State of Nebraska and approved by the purchasing officer.
(7) Upon execution of a public-private partnership agreement, the
contracting agency shall ensure that the contract clearly identifies that a
public-private partnership is being utilized.
(8) The department shall:
(a) Adhere to the rules and regulations adopted and promulgated under this
section when utilizing a public-private partnership for financing capital
projects; and
(b) Electronically report annually to the Appropriations Committee of the
Legislature and the Transportation and Telecommunications Committee of the
Legislature regarding private-public partnerships which have been considered or
are approved pursuant to this section.
Sec. 74. Section 60-462, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
60-462 Sections 60-462 to 60-4,189 and section 76 of this act shall be
known and may be cited as the Motor Vehicle Operator's License Act.
Sec. 75. Section 60-4,131, Revised Statutes Supplement, 2025, is amended
to read:
60-4,131 (1) Sections 60-462.01 and 60-4,132 to 60-4,172 and section 76 of
this act shall apply to the operation of any commercial motor vehicle.
(2) For purposes of such sections:
(a) Disqualification means:
(i) The suspension, revocation, cancellation, or any other withdrawal by a
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state of a person's privilege to operate a commercial motor vehicle;
(ii) A determination by the Federal Motor Carrier Safety Administration,
under the rules of practice for motor carrier safety contained in 49 C.F.R.
part 386, that a person is no longer qualified to operate a commercial motor
vehicle under 49 C.F.R. part 391; or
(iii) The loss of qualification which automatically follows conviction of
an offense listed in 49 C.F.R. 383.51;
(b) Downgrade means the state:
(i) Allows the driver of a commercial motor vehicle to change his or her
self-certification to interstate, but operating exclusively in transportation
or operation excepted from 49 C.F.R. part 391, as provided in 49 C.F.R.
390.3(f), 391.2, 391.68, or 398.3;
(ii) Allows the driver of a commercial motor vehicle to change his or her
self-certification to intrastate only, if the driver qualifies under a state's
physical qualification requirements for intrastate only;
(iii) Allows the driver of a commercial motor vehicle to change his or her
certification to intrastate, but operating exclusively in transportation or
operations excepted from all or part of a state driver qualification
requirement; or
(iv) Removes the commercial driver's license privilege from the operator's
license;
(c) Employee means any operator of a commercial motor vehicle, including
full-time, regularly employed drivers; casual, intermittent, or occasional
drivers; and leased drivers and independent, owner-operator contractors, while
in the course of operating a commercial motor vehicle, who are either directly
employed by or under lease to an employer;
(d) Employer means any person, including the United States, a state, the
District of Columbia, or a political subdivision of a state, that owns or
leases a commercial motor vehicle or assigns employees to operate a commercial
motor vehicle;
(e) Endorsement means an authorization to an individual's CLP-commercial
learner's permit or commercial driver's license required to permit the
individual to operate certain types of commercial motor vehicles;
(f) Foreign means outside the fifty United States and the District of
Columbia;
(g) Imminent hazard means the existence of a condition relating to
hazardous material that presents a substantial likelihood that death, serious
illness, severe personal injury, or a substantial endangerment to health,
property, or the environment may occur before the reasonably foreseeable
completion date of a formal proceeding begun to lessen the risk of that death,
illness, injury, or endangerment;
(h) Issue and issuance means initial issuance, transfer, renewal, or
upgrade of a commercial driver's license or nondomiciled commercial driver's
license, or issuance, transfer, or upgrade of a CLP-commercial learner's permit
or nondomiciled CLP-commercial learner's permit, as described in 49 C.F.R.
383.73;
(i) Medical examiner means an individual certified by the Federal Motor
Carrier Safety Administration and listed on the National Registry of Certified
Medical Examiners in accordance with 49 C.F.R. part 390, subpart D;
(j) Medical examiner's certificate means any paper certification or
electronic certification that meets the requirements of 49 C.F.R. 391.43 issued
by a medical examiner in compliance with such regulation;
(k) Medical variance means the Federal Motor Carrier Safety Administration
has provided a driver with either an exemption letter permitting operation of a
commercial motor vehicle pursuant to 49 C.F.R. 381, subpart C, or 49 C.F.R.
391.64 or a Skill Performance Evaluation Certificate permitting operation of a
commercial motor vehicle pursuant to 49 C.F.R. 391.49;
(l) Nondomiciled CLP-commercial learner's permit or nondomiciled
commercial driver's license means a CLP-commercial learner's permit or
commercial driver's license, respectively, issued by this state or other
jurisdiction under either of the following two conditions:
(i) To an individual domiciled in a foreign country meeting the
requirements of 49 C.F.R. 383.23(b)(1); or
(ii) To an individual domiciled in another state meeting the requirements
of 49 C.F.R. 383.23(b)(2);
(m) Representative vehicle means a motor vehicle which represents the type
of motor vehicle that a driver applicant operates or expects to operate;
(n) State means a state of the United States and the District of Columbia;
(o) State of domicile means that state where a person has his or her true,
fixed, and permanent home and principal residence and to which he or she has
the intention of returning whenever he or she is absent;
(p) Tank vehicle means any commercial motor vehicle that is designed to
transport any liquid or gaseous materials within a tank or tanks that have an
individual rated capacity of more than one hundred nineteen gallons and an
aggregate rated capacity of one thousand gallons or more and that are either
permanently or temporarily attached to the vehicle or the chassis. A commercial
motor vehicle transporting an empty storage container tank, not designed for
transportation, with a rated capacity of one thousand gallons or more that is
temporarily attached to a flatbed trailer is not considered a tank vehicle;
(q) Third-party skills test examiner means a person employed by a third-
party tester who is authorized by this state to administer the commercial
driver's license skills tests specified in 49 C.F.R. part 383, subparts G and
H;
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(r) Third-party tester means a person, including, but not limited to,
another state, a motor carrier, a private driver training facility or other
private institution, or a department, agency, or instrumentality of a local
government, authorized by this state to employ skills test examiners to
administer the commercial driver's license skills tests specified in 49 C.F.R.
part 383, subparts G and H;
(s) United States means the fifty states and the District of Columbia; and
(t) Vehicle group means a class or type of vehicle with certain operating
characteristics.
Sec. 76. (1) For purposes of this section, commercial motor vehicle
driver training means any training course or educational program that is
offered in this state for the purpose of teaching or training any person how to
operate a commercial motor vehicle.
(2) The curriculum for any commercial motor vehicle driver training that
begins on or after January 1, 2027, shall include a minimum of thirty minutes
of human trafficking training as prescribed by the Attorney General.
(3)(a) No later than December 1, 2026, the Attorney General shall
prescribe the curriculum and training materials for the human trafficking
training that is required under subsection (2) of this section.
(b) The Attorney General shall review and update such curriculum and
training materials at least once every three years to account for changes and
trends in human trafficking.
(4) The Attorney General may collaborate with any organization that
specializes in and offers training materials about the recognition, prevention,
and reporting of human trafficking for commercial motor vehicle drivers.
(5) The Attorney General may adopt and promulgate rules and regulations to
carry out this section.
Sec. 77. Section 60-507, Reissue Revised Statutes of Nebraska, is amended
to read:
60-507 (1)(a) Within ninety days after the receipt by the Department of
Transportation of a report of a motor vehicle accident within this state which
has resulted in bodily injury or death, or damage to the property of any one
person, including such operator, to an apparent extent of two thousand one
thousand five hundred dollars or more, the Department of Motor Vehicles shall
suspend (i) the license of each operator of a motor vehicle in any manner
involved in such accident and (ii) the privilege, if such operator is a
nonresident, of operating a motor vehicle within this state, unless such
operator deposits security in a sum which shall be sufficient, in the judgment
of the Department of Motor Vehicles, to satisfy any judgment or judgments for
damages resulting from such accident which may be recovered against such
operator and unless such operator gives proof of financial responsibility.
Notice of such suspension shall be sent by the Department of Motor Vehicles by
regular United States mail to such operator not less than twenty days prior to
the effective date of such suspension at his or her last-known mailing address
as shown by the records of the department and shall state the amount required
as security and the requirement of proof of financial responsibility.
(b) In the event a person involved in a motor vehicle accident within this
state fails to make a report to the Department of Motor Vehicles indicating the
extent of his or her injuries or the damage to his or her property within
thirty days after the accident, and the department does not have sufficient
information on which to base an evaluation of such injury or damage, the
department, after reasonable notice to such person, may not require any deposit
of security for the benefit or protection of such person.
(c) If the operator fails to respond to the notice on or before twenty
days after the date of the notice, the director shall summarily suspend the
operator's license or privilege and issue an order of suspension.
(2) The order of suspension provided for in subsection (1) of this section
shall not be entered by the Department of Motor Vehicles if the department
determines that in its judgment there is no reasonable possibility of a
judgment being rendered against such operator.
(3) In determining whether there is a reasonable possibility of judgment
being rendered against such operator, the department shall consider all reports
and information filed in connection with the accident.
(4) The order of suspension provided for in subsection (1) of this section
shall advise the operator that he or she has a right to appeal the order of
suspension in accordance with section 60-503.
(5) The order of suspension provided for in subsection (1) of this section
shall be sent by regular United States mail to the operator's last-known
mailing address as shown by the records of the department.
Sec. 78. Section 60-513, Reissue Revised Statutes of Nebraska, is amended
to read:
60-513 The security required by the Motor Vehicle Safety Responsibility
Act shall be in such form and in such amount as the department may require but
in no case less than two thousand one thousand five hundred dollars nor in
excess of the limits specified in section 60-509. The person depositing
security shall specify in writing the person or persons on whose behalf the
deposit is made and, at any time while such deposit is in the custody of the
department or State Treasurer, the person depositing it may, in writing, amend
the specification of the person or persons on whose behalf the deposit is made
to include an additional person or persons, except that a single deposit of
security shall be applicable only on behalf of persons required to furnish
security because of the same accident. The department may increase or reduce
the amount of security ordered in any case at any time after the date of the
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accident if, in the judgment of the director, the amount ordered is inadequate
or excessive. In case the security originally ordered has been deposited, the
excess deposited over the reduced amount ordered shall be returned to the
depositor or his or her personal representative immediately, notwithstanding
section 60-514. If any additional security ordered is not deposited within ten
days, the department shall proceed under section 60-507.
Sec. 79. Section 60-601, Revised Statutes Supplement, 2025, is amended to
read:
60-601 Sections 60-601 to 60-6,383 and section 81 of this act shall be
known and may be cited as the Nebraska Rules of the Road.
Sec. 80. Section 60-605, Revised Statutes Supplement, 2025, is amended to
read:
60-605 For purposes of the Nebraska Rules of the Road, the definitions
found in sections 60-606 to 60-676.01 and section 81 of this act shall be used.
Sec. 81. Superload means a vehicle, or vehicle combination that is
transporting a nondivisible load, that is in excess of:
(1) Sixteen feet in width;
(2) One hundred ninety-one inches in height;
(3) One hundred fifty feet in length; or
(4) One hundred sixty thousand pounds in gross weight.
Sec. 82. Section 60-695, Reissue Revised Statutes of Nebraska, is amended
to read:
60-695 Any peace officer who investigates any traffic accident in the
performance of his or her official duties shall, in all instances of an
accident resulting in injury or death to any person or in which estimated
damage equals or exceeds two thousand one thousand five hundred dollars to the
property of any one person, submit an original report of such investigation to
the Department of Transportation within ten days after each such accident. The
department shall have authority to collect accident information it deems
necessary and shall prescribe and furnish appropriate forms for reporting.
Sec. 83. Section 60-699, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
60-699 (1) The operator of any vehicle involved in an accident resulting
in injuries or death to any person or damage to the property of any one person,
including such operator, to an apparent extent that equals or exceeds two
thousand one thousand five hundred dollars shall within ten days forward a
report of such accident to the Department of Transportation. Such report shall
not be required if the accident is investigated by a peace officer. If the
operator is physically incapable of making the report, the owner of the motor
vehicle involved in the accident shall, within ten days from the time he or she
learns of the accident, report the matter in writing to the Department of
Transportation. The Department of Transportation or Department of Motor
Vehicles may require operators involved in accidents to file supplemental
reports of accidents upon forms furnished by it whenever the original report is
insufficient in the opinion of either department. The operator or the owner of
the motor vehicle shall make such other and additional reports relating to the
accident as either department requires. Such records shall be retained for the
period of time specified by the State Records Administrator pursuant to the
Records Management Act.
(2) The report of accident required by this section shall be in two parts.
Part I shall be in such form as the Department of Transportation may prescribe
and shall disclose full information concerning the accident. Part II shall be
in such form as the Department of Motor Vehicles may prescribe and shall
disclose sufficient information to disclose whether or not the financial
responsibility requirements of the Motor Vehicle Safety Responsibility Act are
met through the carrying of liability insurance.
(3) Upon receipt of a report of accident, the Department of Transportation
shall determine the reportability and classification of the accident and enter
all information into a computerized database. Upon completion, the Department
of Transportation shall electronically send Part II of the report to the
Department of Motor Vehicles for purposes of section 60-506.01.
(4) Such reports shall be without prejudice. Except as provided in section
84-712.05, a report regarding an accident made by a peace officer, made to or
filed with a peace officer in the peace officer's office or department, or
filed with or made by or to any other law enforcement agency of the state shall
be open to public inspection, but an accident report filed by the operator or
owner of a motor vehicle pursuant to this section shall not be open to public
inspection. Age Date of birth information, excluding the year of birth, and
operator's license number information of an operator or owner included in any
report required under this section shall be confidential and shall not be a
public record under section 84-712.01. Year of birth or age information of an
operator or owner included in any report required under this section shall not
be confidential , and such age information may be separately disclosed under
section 84-712.01. shall be a public record under section 84-712.01. Nothing in
this section prohibits a peace officer or a law enforcement agency from
disclosing the age of an operator or owner included in any report required
under this section. The fact that a report by an operator or owner has been so
made shall be admissible in evidence solely to prove compliance with this
section, but no such report or any part of or statement contained in the report
shall be admissible in evidence for any other purpose in any trial, civil or
criminal, arising out of such accidents nor shall the report be referred to in
any way or be any evidence of the negligence or due care of either party at the
trial of any action at law to recover damages.
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(5) The failure by any person to report an accident as provided in this
section or to correctly give the information required in connection with the
report shall be a Class V misdemeanor.
Sec. 84. Section 60-6,123, Revised Statutes Cumulative Supplement, 2024,
is amended to read:
60-6,123 Whenever traffic is controlled by traffic control signals
exhibiting different colored lights or colored lighted arrows, successively one
at a time or in combination, only the colors green, red, and yellow shall be
used, except for special pedestrian signals carrying a word legend, number, or
symbol, and such lights shall indicate and apply to drivers of vehicles , and
pedestrians, and operators of bicycles as follows:
(1)(a) Vehicular traffic facing a circular green indication may proceed
straight through or turn right or left unless a sign at such place prohibits
either such turn, but vehicular traffic, including vehicles turning right or
left, shall yield the right-of-way to other vehicles and to pedestrians
lawfully within the intersection or an adjacent crosswalk at the time such
indication is exhibited;
(b) Vehicular traffic facing a green arrow indication, shown alone or in
combination with another indication, may cautiously enter the intersection only
to make the movement indicated by such arrow or such other movement as is
permitted by other indications shown at the same time, and such vehicular
traffic shall yield the right-of-way to pedestrians lawfully within an adjacent
crosswalk and to other traffic lawfully using the intersection; and
(c) Unless otherwise directed by a pedestrian-control signal, pedestrians
facing any green indication, except when the sole green indication is a turn
arrow, may proceed across the roadway within any marked or unmarked crosswalk;
(2)(a) Vehicular traffic facing a steady yellow indication is thereby
warned that the related green movement is being terminated or that a red
indication will be exhibited immediately thereafter when vehicular traffic
shall not enter the intersection, and upon display of a steady yellow
indication, vehicular traffic shall stop before entering the nearest crosswalk
at the intersection, but if such stop cannot be made in safety, a vehicle may
be driven cautiously through the intersection;
(b) Vehicular traffic facing a flashing yellow arrow indication may
cautiously enter the intersection only to make the movement indicated by such
arrow, and such vehicular traffic shall yield the right-of-way to pedestrians
lawfully within an adjacent crosswalk and to other traffic lawfully using the
intersection; and
(c) Pedestrians facing a steady yellow indication, unless otherwise
directed by a pedestrian-control signal, are thereby advised that there is
insufficient time to cross the roadway before a red indication is shown and no
pedestrian shall then start to cross the roadway;
(3)(a) Vehicular traffic facing a steady circular red indication alone
shall stop at a clearly marked stop line or shall stop, if there is no such
line, before entering the crosswalk on the near side of the intersection or, if
there is no crosswalk, before entering the intersection. The traffic shall
remain standing until an indication to proceed is shown except as provided in
subdivisions (3)(b) and (3)(c) of this section;
(b) Except where a traffic control device is in place prohibiting a turn,
vehicular traffic facing a steady circular red indication may cautiously enter
the intersection to make a right turn after stopping as required by subdivision
(3)(a) of this section. Such vehicular traffic shall yield the right-of-way to
pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully
using the intersection;
(c) Except where a traffic control device is in place prohibiting a turn,
vehicular traffic facing a steady circular red indication at the intersection
of two one-way streets may cautiously enter the intersection to make a left
turn after stopping as required by subdivision (3)(a) of this section. Such
vehicular traffic shall yield the right-of-way to pedestrians lawfully within
an adjacent crosswalk and to other traffic lawfully using the intersection;
(d) Vehicular traffic facing a steady red arrow indication alone shall
stop at a clearly marked stop line or shall stop, if there is no such line,
before entering the crosswalk on the near side of the intersection or, if there
is no crosswalk, before entering the intersection. The traffic shall not enter
the intersection to make the movement indicated by the arrow and shall remain
standing until an indication to proceed is shown; and
(e) Unless otherwise directed by a pedestrian-control signal, pedestrians
facing a steady red indication alone shall not enter the roadway;
(4) If a traffic control signal is erected and maintained at a place other
than an intersection, the provisions of this section shall be applicable except
as to those provisions which by their nature can have no application. Any stop
required shall be made at a sign or marking on the pavement indicating where
the stop shall be made, but in the absence of any such sign or marking, the
stop shall be made at the signal; and
(5)(a) If a traffic control signal at an intersection is not operating
because of a power failure or other cause and no peace officer, flagperson, or
other traffic control device is providing direction for traffic at the
intersection, the intersection shall be treated as a multi-way stop; and
(b) If a traffic control signal is not in service and the signal heads are
turned away from traffic or covered with opaque material, subdivision (a) of
this subdivision shall not apply; and .
(6)(a) Bicycle traffic facing a steady green bicycle indication may
proceed straight through or turn right or left unless a sign at such place
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prohibits either such turn, but bicycle traffic, including bicycles turning
right or left, shall yield the right-of-way to other bicycles and to
pedestrians lawfully within the intersection or an adjacent crosswalk at the
time such indication is exhibited;
(b) Bicycle traffic facing a steady yellow bicycle indication is thereby
warned that the related green movement is being terminated or that a red
indication will be exhibited immediately thereafter when bicycle traffic shall
not enter the intersection. Upon display of a steady yellow bicycle indication,
bicycle traffic shall stop before entering the nearest crosswalk at the
intersection, but if such stop cannot be made in safety, a bicycle may be
driven cautiously through the intersection;
(c) Bicycle traffic facing a steady red bicycle indication alone shall
stop at a clearly marked stop line or shall stop, if there is no such line,
before entering the crosswalk on the near side of the intersection or, if there
is no crosswalk, before entering the intersection. The traffic shall remain
standing until an indication to proceed is shown except as provided in
subdivisions (6)(d) and (6)(e) of this section;
(d) Except where a traffic control device is in place prohibiting a turn,
bicycle traffic facing a steady red bicycle indication may cautiously enter the
intersection to make a right turn after stopping as required by subdivision (6)
(c) of this section. Such bicycle traffic shall yield the right-of-way to
pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully
using the intersection; and
(e) Except where a traffic control device is in place prohibiting a turn,
bicycle traffic facing a steady red bicycle indication at the intersection of
two one-way streets may cautiously enter the intersection to make a left turn
after stopping as required by subdivision (6)(c) of this section. Such bicycle
traffic shall yield the right-of-way to pedestrians lawfully within an adjacent
crosswalk and to other traffic lawfully using the intersection.
Sec. 85. Section 60-6,298, Revised Statutes Supplement, 2025, is amended
to read:
60-6,298 (1)(a) Except as provided in subdivision (b) of this subsection,
the The Department of Transportation or the Nebraska State Patrol, with respect
to highways under its jurisdiction including the National System of Interstate
and Defense Highways, and local authorities, with respect to highways under
their jurisdiction, may in their discretion upon application and good cause
being shown therefor issue a special, continuing, or continuous permit in
writing authorizing the applicant or his or her designee:
(i) To operate or move a vehicle, a combination of vehicles, or objects of
a size or weight of vehicle or load exceeding the maximum specified by law when
such permit is necessary:
(A) To further the national defense or the general welfare;
(B) To permit movement of cost-saving equipment to be used in highway or
other public construction or in agricultural land treatment; or
(C) Because of an emergency, an unusual circumstance, or a very special
situation;
(ii) To operate vehicles, for a distance up to one hundred twenty miles,
loaded up to fifteen percent greater than the maximum weight specified by law,
or up to ten percent greater than the maximum length specified by law, or both,
except that any combination with two or more cargo-carrying units, not
including the truck-tractor, also known as a longer combination vehicle, may
only operate for a distance up to seventy miles loaded up to fifteen percent
greater than the maximum weight specified by law, or up to ten percent greater
than the maximum length specified by law, or both, when carrying grain or other
seasonally harvested products from the field where such grain or products are
harvested to storage, market, or stockpile in the field or from stockpile or
farm storage to market or factory when failure to move such grain or products
in abundant quantities would cause an economic loss to the person or persons
whose grain or products are being transported or when failure to move such
grain or products in as large quantities as possible would not be in the best
interests of the national defense or general welfare. The distance limitation
may be waived for vehicles when carrying dry beans or dry peas and lentils from
the field where harvested to storage or market when dry beans or dry peas and
lentils are not normally stored, purchased, or used within the permittee's
local area and must be transported more than one hundred twenty miles to an
available marketing or storage destination. No permit shall authorize a weight
greater than twenty thousand pounds on any single axle;
(iii) To transport an implement of husbandry which does not exceed twelve
and one-half feet in width during daylight hours, except that the permit shall
not allow transport on holidays;
(iv) To operate one or more recreational vehicles, as defined in section
71-4603, exceeding the maximum width specified by law if movement of the
recreational vehicles is prior to retail sale and the recreational vehicles
comply with subdivision (2)(k) of section 60-6,288;
(v) To operate an emergency vehicle for purposes of sale, demonstration,
exhibit, or delivery, if the applicant or his or her designee is a manufacturer
or sales agent of the emergency vehicle. No permit shall be issued for an
emergency vehicle which weighs over sixty thousand pounds on the tandem axle;
(vi) To transport during daylight hours divisible loads of livestock
forage in bale form which do not exceed twelve feet in width, except that the
permit shall not allow transport on holidays; or
(vii) To operate overweight raw-milk vehicles carrying raw milk from a
dairy farm to a processing facility for such raw milk in accordance with
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section 60-6,294.02.
(b) No permit shall be issued under subdivision (a)(i) of this subsection:
(i) For for a vehicle carrying a load unless such vehicle is loaded with
an object which exceeds the size or weight limitations, which cannot be
dismantled or reduced in size or weight without great difficulty, and which of
necessity must be moved over the highways to reach its intended destination ;
or .
(ii) By the Department of Transportation or the Nebraska State Patrol for
the operation of a vehicle, a combination of vehicles, or an object on any
highway:
(A) That is not a part of the state highway system; or
(B) That is a county road or city street.
(c) No permit shall be required for the temporary movement on highways
other than dustless-surfaced state highways and for necessary access to points
on such highways during daylight hours of cost-saving equipment to be used in
highway or other public construction or in agricultural land treatment when
such temporary movement is necessary and for a reasonable distance.
(2) The application for any such permit shall specifically describe the
vehicle, the load to be operated or moved, whenever possible the particular
highways for which permit to operate is requested, and whether such permit is
requested for a single trip or for continuous or continuing operation. The
permit shall include a signed affirmation under oath that, for any load sixteen
feet high or higher, the applicant has contacted any and all electric utilities
that have high voltage conductors and infrastructure that cross over the
roadway affected by the move and made arrangements with such electric utilities
for the safe movement of the load under any high voltage conductors owned by
such electric utilities.
(3) The department or local authority is authorized to issue or withhold
such permit at its discretion or, if such permit is issued, to limit the number
of days during which the permit is valid, to limit the number of trips, to
establish seasonal or other time limitations within which the vehicles
described may be operated on the highways indicated, or to issue a continuous
or continuing permit for use on all highways, including the National System of
Interstate and Defense Highways. The permits are subject to reasonable
conditions as to periodic renewal of such permit and as to operation or
movement of such vehicles. The department or local authority may otherwise
limit or prescribe conditions of operation of such vehicle or vehicles, when
necessary to assure against undue damage to the road foundations, surfaces, or
structures or undue danger to the public safety. The department or local
authority may require such undertaking or other security as may be deemed
necessary to compensate for any injury to any roadway or road structure.
(4) Every such permit shall be carried in the vehicle to which it refers
and shall be open to inspection by any peace officer, carrier enforcement
officer, or authorized agent of any authority granting such permit. Each such
permit shall state the maximum weight permissible on a single axle or
combination of axles and the total gross weight allowed. No person shall
violate any of the terms or conditions of such special permit. In case of any
violation, the permit shall be deemed automatically revoked and the penalty of
the original limitations shall be applied unless:
(a) The violation consists solely of exceeding the size or weight
specified by the permit, in which case only the penalty of the original size or
weight limitation exceeded shall be applied;
(b) The total gross load is within the maximum authorized by the permit,
no axle is more than ten percent in excess of the maximum load for such axle or
group of axles authorized by the permit, and such load can be shifted to meet
the weight limitations of wheel and axle loads authorized by such permit. Such
shift may be made without penalty if it is made at the state or commercial
scale designated in the permit. The vehicle may travel from its point of origin
to such designated scale without penalty, and a scale ticket from such scale,
showing the vehicle to be properly loaded and within the gross and axle weights
authorized by the permit, shall be reasonable evidence of compliance with the
terms of the permit; or
(c) Such permit is an overweight raw-milk vehicle permit and the
overweight raw-milk vehicle violated subsection (3) of section 60-6,294.02.
(5) The department or local authority issuing a permit as provided in this
section may adopt and promulgate rules and regulations with respect to the
issuance of permits provided for in this section.
(6) The department shall make available applications for permits
authorized pursuant to subdivisions (1)(a)(ii) and (1)(a)(iii) of this section
in the office of each county treasurer. The department may make available
applications for all other permits authorized by this section to the office of
the county treasurer and may make available applications for all permits
authorized by this section to any other location chosen by the department.
(7) The department or local authority issuing a permit may require a
permit fee of not to exceed fifty twenty-five dollars, except that:
(a) The fee for a continuous or continuing permit shall may not exceed
fifty twenty-five dollars for a ninety-day period, one hundred fifty dollars
for a one-hundred-eighty-day period, or two hundred one hundred dollars for a
one-year period; and
(b) The fee for permits issued pursuant to subdivision (1)(a)(ii) of this
section shall not exceed fifty be twenty-five dollars. Permits issued pursuant
to such subdivision shall be valid for thirty days and shall be renewable four
times for a total number of days not to exceed one hundred fifty days per
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calendar year; and .
(c)(i) The fee for a single trip permit for a superload shall not exceed:
(A) Two hundred fifty dollars for a superload that weighs three hundred
thousand pounds or less;
(B) Four hundred dollars for a superload that weighs more than three
hundred thousand pounds, but not more than five hundred thousand pounds; and
(C) Eight hundred dollars for a superload that weighs more than five
hundred thousand pounds.
(ii) In addition to the permit fee that may be required under subdivision
(c)(i) of this subsection, the department may charge a fee equal to the direct
costs incurred by the department for issuing the permit. Such direct costs may
include compensation for the time spent by department personnel in issuing the
permit, and any third-party expense related to the issuance of the permit.
(8) A vehicle or combination of vehicles for which an application for a
permit is requested pursuant to this section shall be registered under section
60-3,147 or 60-3,198 for the maximum gross vehicle weight that is permitted
pursuant to section 60-6,294 before a permit shall be issued.
Sec. 86. Section 60-6,299, Reissue Revised Statutes of Nebraska, is
amended to read:
60-6,299 (1) The Department of Transportation may issue permits for
vehicles moving a building or objects requiring specialized moving dollies.
Such permits shall allow the vehicles transporting buildings or objects
requiring specialized dollies to operate on highways under the jurisdiction of
the department, excluding any portion of the National System of Interstate and
Defense Highways. Such permit shall specify the maximum allowable width,
length, height, and weight of the building to be transported, the route to be
used, and the hours during which such building or object may be transported.
Such permit shall clearly state that the applicant is not authorized to
manipulate overhead high voltage lines or conductors or other such components,
including electric utility poles, and that the applicant shall be guilty of a
Class II misdemeanor for any violation of this section or of the notification
requirements of section 60-6,288.01. Any vehicle moving a building or object
requiring specialized moving dollies shall be escorted by another vehicle or
vehicles in the manner determined by the department. Such vehicles shall travel
at a speed which is not in excess of five miles per hour when carrying loads
which are in excess of the maximum gross weight specified by law by more than
twenty-five percent. The permit shall not be issued for travel on a state
highway containing a bridge or structure which is structurally inadequate to
carry such building or object as determined by the department. The department
may prescribe conditions of operation of such vehicle when necessary to assure
against damage to the road foundations, surfaces, or structures and require
such security as may be deemed necessary to compensate for any injury to any
roadway or road structure.
(2) The application for any such permit shall (a) specifically describe
the vehicle, (b) specifically describe the load to be moved, (c) include a
signed affirmation under oath that, for any load sixteen feet high or higher,
the applicant has contacted any and all electric utilities that have high
voltage conductors and infrastructure that cross over the roadway affected by
the move and made arrangements with such electric utilities for the safe
movement of the load under any high voltage conductors owned by such electric
utilities, and (d) whenever possible, describe the particular highways for
which the permit is requested. The company or individual shall maintain a copy
of the permit in each vehicle moving a building or object requiring specialized
moving dollies which shall be open to inspection by any peace officer, carrier
enforcement officer, or authorized agent of any authority granting such permit.
The fee for such permit shall not exceed fifty be ten dollars.
(3) The department shall adopt and promulgate rules and regulations
governing the issuance of the permits. Such rules and regulations shall
include, but not be limited to, driver qualifications, equipment selection,
hours of operation, weather conditions, road conditions, determination of any
damage caused to highways or bridges, cutting or trimming of trees, removal or
relocation of signs or other property of the state, raising or lowering of
electric supply and communication lines, and such other safety considerations
as the department deems necessary.
(4) Any person who violates the terms of a permit issued pursuant to this
section or otherwise violates this section shall be guilty of a Class II
misdemeanor.
Sec. 87. Section 75-118, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
75-118 The commission shall:
(1) Until July 1, 2021, fix all necessary rates, charges, and regulations
governing and regulating the transportation, storage, or handling of household
goods by any common carrier in Nebraska intrastate commerce;
(1) (2) Fix all necessary rates, charges, and regulations governing and
regulating the transportation of passengers by any common carrier in Nebraska
intrastate commerce;
(3) Until July 1, 2021, make all necessary classifications of household
goods that may be transported, stored, or handled by any common carrier in
Nebraska intrastate commerce, such classifications applying to and being the
same for all common carriers;
(2) (4) Authorize the transportation of (a) household goods under a
license issued pursuant to section 75-304.03 or (b) employees of a railroad
carrier under a license issued pursuant to section 75-304.04;
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(3) (5) Prevent and correct the unjust discriminations set forth in
section 75-126;
(4) (6) Enforce all statutes and commission regulations pertaining to
rates and, if necessary, institute actions in the appropriate court of any
county in which the common carrier involved operates except actions instituted
pursuant to sections 75-140 and 75-156 to 75-158. All suits shall be brought
and penalties recovered in the name of the state by or under the direction of
the Attorney General; and
(5) (7) Enforce the Major Oil Pipeline Siting Act and the State Natural
Gas Regulation Act; and .
(6) Issue licenses that authorize intrastate medicaid nonemergency medical
transportation services pursuant to section 75-311.
Sec. 88. Section 75-126, Revised Statutes Supplement, 2025, is amended to
read:
75-126 (1) Except as otherwise provided in this section, no common carrier
shall:
(a) Charge, demand, collect, or receive from any person a greater or
lesser compensation for any services rendered than it charges, demands,
collects, or receives from any other person for doing a like or contemporaneous
service;
(b) Make or give any undue or unreasonable preference or advantage to any
particular person;
(c) Subject any type of traffic to any undue or unreasonable prejudice,
delay, or disadvantage in any respect whatsoever;
(d) Charge or receive any greater compensation in the aggregate for the
transportation of a like kind of property or passengers for a shorter than for
a longer distance over the same line or route, except as the commission may
prescribe in special cases to prevent manifest injuries, except that no
manifest injustice shall be imposed upon any person at intermediate points.
This section shall not prevent the commission from making group or emergency
rates;
(e) Demand, charge, or collect, by any device whatsoever, a lesser or
greater compensation for any service rendered than that filed with or
prescribed by the commission; or
(f) Change any rate, schedule, or classification in any manner whatsoever
before application has been made to the commission and permission granted for
that purpose, except as otherwise provided in section 86-155.
(2) This section shall not prohibit any common carrier from, and a common
carrier shall not be subject to any fine, penalty, or forfeiture for,
performing services free or at reduced rates to:
(a) The United States, the State of Nebraska, or any governmental
subdivision thereof;
(b) The employees, both present and retired, of such common carrier;
(c) Any person when the object is to provide relief in case of any
disaster;
(d) Any person who transports property for charitable purposes;
(e) Ministers and others giving their entire time to religious or
charitable work;
(f) Any person who is legally blind or visually handicapped; or
(g) Any person who is sixty-five years of age or older.
(3) The rates for services that are provided by motor carriers, regulated
motor carriers, and transportation network companies, as such terms are defined
in section 75-302, are not subject to regulation by the commission for any rate
that is determined by an agreement with a state agency.
Sec. 89. Section 75-302, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
75-302 For purposes of sections 75-301 to 75-343 and in all rules and
regulations adopted and promulgated by the commission pursuant to such
sections, unless the context otherwise requires:
(1) Attended services means an attendant or caregiver accompanying a minor
or a person who has a physical, mental, or developmental disability and is
unable to travel or wait without assistance or supervision;
(2) Carrier enforcement division means the carrier enforcement division of
the Nebraska State Patrol or the Nebraska State Patrol;
(3) Certificate means a certificate of public convenience and necessity
issued under Chapter 75, article 3, to common carriers by motor vehicle;
(4) Civil penalty means any monetary penalty assessed by the commission or
carrier enforcement division due to a violation of Chapter 75, article 3, or
section 75-126 as such section applies to any person or carrier specified in
Chapter 75, article 3; any term, condition, or limitation of any certificate or
permit issued pursuant to Chapter 75, article 3; or any rule, regulation, or
order of the commission, the Division of Motor Carrier Services, or the carrier
enforcement division issued pursuant to Chapter 75, article 3;
(5) Commission means the Public Service Commission;
(6) Common carrier means any person who or which undertakes to transport
passengers or, until July 1, 2021, household goods, for the general public in
intrastate commerce by motor vehicle for hire, whether over regular or
irregular routes, upon the highways of this state. Common Beginning July 1,
2021, common carrier does not include:
(a) A a motor carrier operating under a license issued pursuant to section
75-304.03; and
(b) A motor carrier that is engaged in intrastate medicaid nonemergency
medical transportation services under a license that was issued pursuant to
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section 75-311;
(7) Contract carrier means any motor carrier that which transports
passengers or, until July 1, 2021, household goods, for hire other than as a
common carrier designed to meet the distinct needs of each individual customer
or a specifically designated class of customers without any limitation as to
the number of customers it can serve within the class. Contract Beginning on
January 1, 2021, contract carrier does not include:
(a) A a motor carrier operating under a license issued pursuant to section
75-304.04; and
(b) A motor carrier that is engaged in intrastate medicaid nonemergency
medical transportation services under a license that was issued pursuant to
section 75-311;
(8) Division of Motor Carrier Services means the Division of Motor Carrier
Services of the Department of Motor Vehicles;
(9) Highway means the roads, highways, streets, and ways in this state;
(10) Household goods means personal effects and property used or to be
used in a dwelling, when a part of the equipment or supply of such dwelling,
and similar property as the commission may provide by regulation if the
transportation of such effects or property, is:
(a) Arranged and paid for by the householder, including transportation of
property from a factory or store when the property is purchased by the
householder with the intent to use in his or her dwelling; or
(b) Arranged and paid for by another party;
(11) Intrastate commerce means commerce between any place in this state
and any other place in this state and not in part through any other state;
(12) License means a license issued to:
(a) A a motor carrier engaged in the for-hire, intrastate transportation
of (a) household goods under section 75-304.03; or
(b) A motor carrier engaged in the for-hire, intrastate transportation of
employees of a railroad carrier engaged in interstate commerce to or from their
work locations under section 75-304.04; or
(c) A motor carrier, or person, engaged in the for-hire intrastate
transportation of individuals, including contractors and agents of the
Department of Health and Human Services, for the purpose of providing
intrastate medicaid nonemergency medical transportation services under a
license that was issued pursuant to section 75-311;
(13) Licensed care transportation services means transportation provided
by an entity licensed by the Department of Health and Human Services as a
residential child-caring agency as defined in section 71-1926 or child-placing
agency as defined in section 71-1926 or a child care facility licensed under
the Child Care Licensing Act to a client of the entity or facility when the
person providing transportation services also assists and supervises the
passenger or, if the client is a minor, to a family member of a minor when it
is necessary for agency or facility staff to accompany or facilitate the
transportation in order to provide necessary services and support to the minor.
Licensed care transportation services must be incidental to and in furtherance
of the social services provided by the entity or facility to the transported
client;
(14) Motor carrier means any person other than a regulated motor carrier
who or which owns, controls, manages, operates, or causes to be operated any
motor vehicle used to transport passengers or property over any public highway
in this state;
(15) Motor vehicle means any vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power and used upon the highways
in the transportation of passengers or property but does not include any
vehicle, locomotive, or car operated exclusively on a rail or rails;
(16) Permit means a permit issued under Chapter 75, article 3, to contract
carriers by motor vehicle;
(17) Person means any individual, firm, partnership, limited liability
company, corporation, company, association, or joint-stock association and
includes any trustee, receiver, assignee, or personal representative thereof;
(18) Private carrier means any motor carrier which owns, controls,
manages, operates, or causes to be operated a motor vehicle to transport
passengers or property to or from its facility, plant, or place of business or
to deliver to purchasers its products, supplies, or raw materials (a) when such
transportation is within the scope of and furthers a primary business of the
carrier other than transportation and (b) when not for hire. Nothing in
sections 75-301 to 75-322 shall apply to private carriers;
(19) Regulated motor carrier means any person who or which owns, controls,
manages, operates, or causes to be operated any motor vehicle used to transport
passengers, other than those excepted under section 75-303, or, until July 1,
2021, household goods, over any public highway in this state. Regulated
Beginning July 1, 2021, regulated motor carrier does not include:
(a) A a motor carrier operating under a license issued pursuant to section
75-304.03; .
(b) A Beginning on January 1, 2021, regulated motor carrier does not
include a motor carrier operating under a license issued pursuant to section
75-304.04; and
(c) A motor carrier that is engaged in intrastate medicaid nonemergency
medical transportation services under a license that was issued pursuant to
section 75-311;
(20) Residential care means care for a minor or a person who is
physically, mentally, or developmentally disabled who resides in a residential
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home or facility regulated by the Department of Health and Human Services,
including, but not limited to, a foster home, treatment facility, residential
child-caring agency, or shelter;
(21) Residential care transportation services means transportation
services to persons in residential care when such residential care
transportation services and residential care are provided as part of a services
contract with the Department of Health and Human Services or pursuant to a
subcontract entered into incident to a services contract with the department;
(22) Supported transportation services means transportation services to a
minor or for a person who is physically, mentally, or developmentally disabled
when the person providing transportation services also assists and supervises
the passenger or transportation services to a family member of a minor when it
is necessary for provider staff to accompany or facilitate the transportation
in order to provide necessary services and support to the minor. Supported
transportation services must be provided as part of a services contract with
the Department of Health and Human Services or pursuant to a subcontract
entered into incident to a services contract with the department, and the
driver must meet department requirements for (a) training or experience working
with minors or persons who are physically, mentally, or developmentally
disabled, (b) training with regard to the specific needs of the client served,
(c) reporting to the department, and (d) age. Assisting and supervising the
passenger shall not necessarily require the person providing transportation
services to stay with the passenger after the transportation services have been
provided; and
(23) Transportation network company has the definition found in section
75-323. A transportation network company shall not own, control, operate, or
manage drivers' personal vehicles.
Sec. 90. Section 75-303.01, Reissue Revised Statutes of Nebraska, is
amended to read:
75-303.01 (1) The Department of Health and Human Services, a medicaid-
managed care organization under contract with the department, or another agent
working on the department's behalf may contract for nonemergency medical
transportation for medicaid clients with a motor carrier or regulated motor
carrier holding:
(a) A a designation of authority issued pursuant to subsection (3) of
section 75-311 to provide medicaid nonemergency medical transportation
services; or
(b) A license that was issued pursuant to section 75-311 to engage in
intrastate medicaid nonemergency medical transportation services. that has been
authorized to provide such services by the commission prior to April 28, 2017.
(2) While operating under such a designation of authority or such license
issued pursuant to subsection (3) of section 75-311, a motor carrier or
regulated motor carrier shall comply with:
(a) The the requirements of the Department of Health and Human Services to
protect the safety and well-being of department clients, including training,
driver standards, background checks, and the provision and quality of service ;
and
(b) The the rules and regulations adopted, promulgated, and enforced by
the commission governing insurance requirements, equipment standards, and
background checks.
Sec. 91. Section 75-303.02, Reissue Revised Statutes of Nebraska, is
amended to read:
75-303.02 (1) The Department of Health and Human Services or any agency
organized under the Nebraska Community Aging Services Act may contract for the
transportation of clients with a contractor which does not hold a certificate
or which is not otherwise exempt under section 75-303 only if:
(a) The proposed contractor is the individual who will personally drive
the vehicle in question;
(b) The only compensation to the contractor for the transportation is paid
by the department at a rate no greater than that provided for reimbursement of
state employees pursuant to section 81-1176 for the costs incurred in the
transportation; and
(c)(i) There is no regulated motor carrier serving the area in which the
client needs transportation, (ii) the regulated motor carrier serving the area
is incapable of providing the specific service in question by its own written
statement or as determined by the commission upon application of the regulated
motor carrier or the department, or (iii) the regulated carrier cannot or will
not provide such service at the rate specified in subsection (2) of section
75-303.03.
(2) This section does not apply to a motor carrier or regulated motor
carrier holding:
(a) A a designation of authority issued pursuant to subsection (3) of
section 75-311; or .
(b) A license that was issued pursuant to section 75-311 to engage in
intrastate medicaid nonemergency medical transportation services.
Sec. 92. Section 75-303.03, Reissue Revised Statutes of Nebraska, is
amended to read:
75-303.03 (1) The commission, in consultation with the Department of
Health and Human Services, shall adopt and promulgate rules and regulations
governing minimum liability insurance requirements, equipment standards, driver
qualification requirements, and the issuance and filing of notice for any
contractor utilized by the department or any agency organized under the
Nebraska Community Aging Services Act pursuant to section 75-303.02.
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(2) The Department of Health and Human Services or any agency organized
under the Nebraska Community Aging Services Act shall reimburse common and
contract carriers for transportation of passengers at a rate not to exceed the
rate of reimbursement pursuant to section 81-1176 multiplied by three. The
maximum reimbursement rate provided for in this subsection shall not apply when
the carrier (a) transports such person wholly within the corporate limits of
the city or village where the transportation of the person originated, (b)
transports a disabled person as defined by the federal Americans with
Disabilities Act of 1990 in a vehicle that is compliant with the regulations
providing for the transportation of such disabled person, or (c) provides
nonemergency medical transportation of medicaid clients pursuant to subsection
(3) of section 75-311.
(3)(a) (3) Rates for the following nonemergency medical transportation
service providers are not subject to regulation by the commission:
(i) Any holder of with a designation of authority that was issued pursuant
to subsection (3) of section 75-311 are not subject to commission regulation; ,
and
(ii) Any holder of a license that was issued pursuant to section 75-311 to
engage in intrastate medicaid nonemergency medical transportation services.
(b) Regulated regulated motor carriers with such a designation reimbursed
under this section are not subject to commission rate regulation for such
reimbursement rates.
(4)(a) The Department of Health and Human Services may reimburse an
individual for the costs incurred by such individual in the transportation of a
person eligible to receive transportation services through the department if:
(i) The individual is under contract with the department and provides
transportation to the eligible person; and
(ii) The eligible person has chosen the individual to provide the
transportation.
(b) The department shall reimburse for the costs incurred in the
transportation at a rate no greater than that provided for reimbursement of
state employees pursuant to section 81-1176.
(c) Transportation provided to an eligible person by an individual
pursuant to this section does not constitute transportation for hire.
(d) The department may adopt and promulgate rules and regulations to
implement this subsection.
Sec. 93. Section 75-307, Revised Statutes Cumulative Supplement, 2024, is
amended to read:
75-307 (1)(a) The following motor carriers and regulated motor carriers
shall comply with the rules and regulations described in subdivision (b) of
this subsection: (1) Certificated intrastate motor carriers,
(i) Common including common and contract carriers; ,
(ii) Any any motor carrier transporting household goods under a license
issued pursuant to section 75-304.03; ,
(iii) Any and any motor carrier transporting employees of a railroad
carrier under a license issued pursuant to section 75-304.04; and
(iv) Any motor carrier holding a license that was issued pursuant to
section 75-311 to engage in intrastate medicaid nonemergency medical
transportation services.
(b) The commission may adopt and promulgate shall comply with reasonable
rules and regulations prescribed by the commission governing the filing with
the commission, the approval of the filings, and the maintenance of proof at
such carrier's principal place of business of surety bonds, policies of
insurance, qualifications as a self-insurer, or other securities or agreements,
in such reasonable amount as required by the commission, conditioned to pay,
within the amount of such surety bonds, policies of insurance, qualifications
as a self-insurer, or other securities or agreements, any final judgment
recovered against such motor carrier for bodily injuries to or the death of any
person resulting from the negligent operation, maintenance, or use of motor
vehicles under such certificate, permit, or license or for loss or damage to
property of others.
(c)(i) Any No certificate, or permit, or license shall not be issued to
any of the following that does not comply with this section or the rules and
regulations adopted and promulgated pursuant to this section:
(A) Any a common or contract carrier;
(B) Any , no license shall be issued to a motor carrier transporting
household goods under section 75-304.03;
(C) Any motor carrier transporting or employees of a railroad carrier
under section 75-304.04; or ,
(D) Any motor carrier engaging in intrastate medicaid nonemergency medical
transportation services pursuant to section 75-311.
(ii) Any nor shall such certificate, permit, or license described in this
subdivision (c) that has been issued shall not remain in force unless the such
carrier complies with this section and the rules and regulations adopted and
promulgated prescribed by the commission pursuant to this section.
(2)(a) The following motor carriers shall comply with the rules and
regulations described in subdivision (b) of this subsection: (2) The commission
may, in its discretion and under its rules and regulations, require
(i) Any any certificated carrier;
(ii) Any , any motor carrier transporting household goods under a license
issued pursuant to section 75-304.03;
(iii) Any , and any motor carrier transporting employees of a railroad
carrier under a license issued pursuant to section 75-304.04; and
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(iv) Any motor carrier holding a license that was issued pursuant to
section 75-311 to engage in intrastate medicaid nonemergency medical
transportation services.
(b) The commission may adopt and promulgate rules and regulations that
require the motor carriers described in subdivision (a) of this subsection to
file a surety bond, policies of insurance, qualifications as a self-insurer, or
other securities or agreements, in a sum to be determined by the commission, to
be conditioned upon such carrier making compensation to shippers or consignees
for all property belonging to shippers or consignees and coming into the
possession of such carrier in connection with its transportation service.
(c) Any motor carrier that is which may be required by law to compensate a
shipper or consignee for any loss, damage, or default for which a connecting
motor common carrier is legally responsible shall be subrogated to the rights
of such shipper or consignee under any such bond, policies of insurance, or
other securities or agreements to the extent of the sum so paid.
(3) In carrying out this section, the commission may classify motor
carriers and regulated motor carriers taking into consideration the hazards of
the operations of such carriers and the value of the household goods carried.
Nothing contained in this section shall be construed to authorize the
commission to compel motor carriers other than those transporting household
goods under section 75-309 or under a license issued pursuant to section
75-304.03 to carry cargo insurance.
(4) This section does not apply to transportation network companies.
Sec. 94. Section 75-311, Revised Statutes Supplement, 2025, is amended to
read:
75-311 (1)(a) A certificate shall be issued to any qualified applicant
authorizing the whole or any part of the operations covered by the application
if it is found after notice and hearing that (i) the applicant is fit, willing,
and able properly to perform the service proposed and to conform to the
provisions of sections 75-301 to 75-322 and the requirements, rules, and
regulations of the commission under such sections and (ii) the proposed
service, to the extent to be authorized by the certificate, whether regular or
irregular, is or will be required by the present or future public convenience
and necessity. Otherwise the application shall be denied.
(b) The burden shall be on the applicant to show (i) that they are fit,
willing, and able properly to perform the service proposed and to conform to
the provisions of sections 75-301 to 75-322 and the requirements, rules, and
regulations of the commission and (ii) that the proposed service will be
responsive to a public demand or need.
(c) The burden shall be on any protestant to the application to show that
(i) existing carriers are currently meeting, or will meet, the proposed need
and (ii) that even if the applicant's service will be responsive to a public
demand or need, the that applicant would not be able to serve this need in a
specified manner without endangering or impairing the operations of existing
carriers contrary to the public interest.
(2)(a) A permit shall be issued to any qualified applicant therefor
authorizing in whole or in part the operations covered by the application if it
appears after notice and hearing from the application or from any hearing held
on the application that (i) the applicant is fit, willing, and able properly to
perform the service of a contract carrier by motor vehicle and to conform to
the provisions of such sections and the lawful requirements, rules, and
regulations of the commission under such sections and (ii) the proposed
operation, to the extent authorized by the permit, will be consistent with the
public interest by providing services designed to meet the distinct needs of
each individual customer or a specifically designated class of customers as
described defined in subdivision (7) of section 75-302. Otherwise the
application shall be denied.
(b) Prior to January 1, 2027, for For a designation of authority to
provide medicaid nonemergency medical transportation services pursuant to a
contract with (i) the Department of Health and Human Services, (ii) a medicaid-
managed care organization under contract with the department, or (iii) another
agent working on the department's behalf as provided under section 75-303.01,
in determining whether the authorization will be consistent with the public
interest, the commission shall consult with the Director of Medicaid and Long-
Term Care of the Division of Medicaid and Long-Term Care of the department or
his or her designee.
(3)(a) This subsection applies prior to January 1, 2027.
(b) (3)(a) A designation of authority shall be issued to any regulated
motor carrier holding a certificate under subsection (1) of this section or a
permit under subsection (2) of this section authorizing such carrier to provide
medicaid nonemergency medical transportation services pursuant to a contract
with (i) the Department of Health and Human Services, (ii) a medicaid-managed
care organization under contract with the department, or (iii) another agent
working on the department's behalf as provided under section 75-303.01, if it
is found after notice and hearing from the application or from any hearing held
on the application that the authorization is or will be required by the present
or future convenience and necessity to serve the distinct needs of medicaid
clients.
(c) (b) The burden shall be on the applicant to show that the proposed
service will be responsive to a public demand or need. The burden shall be on
any protestant to the application to show that (i) existing carriers are
currently meeting, or will meet, the proposed need and (ii) that even if the
applicant's service will be responsive to a public demand or need, the that
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applicant would not be able to serve this need in a specified manner without
endangering or impairing the operations of existing carriers contrary to the
public interest.
(d) (c) In determining whether the authorization is or will be required by
the present or future convenience and necessity to serve the distinct needs of
medicaid clients, the commission shall consult with the Director of Medicaid
and Long-Term Care of the Division of Medicaid and Long-Term Care of the
department or his or her designee.
(4)(a) Beginning January 1, 2027, a person shall not engage in intrastate
medicaid nonemergency medical transportation services with any of the following
prior to being issued a license for such purpose by the commission:
(i) The Department of Health and Human Services;
(ii) A medicaid-managed care organization under contract with the
Department of Health and Human Services; or
(iii) Any agent working on behalf of the Department of Health and Human
Services.
(b) Any person may apply to the commission for a license to engage in
intrastate medicaid nonemergency medical transportation services on a form
prescribed by the commission. The commission may approve any such application
if the commission determines that the applicant meets the following
qualifications:
(i) The applicant is fit, willing, and able to properly perform intrastate
medicaid nonemergency medical transportation services; and
(ii)(A) If the applicant is not a transportation network company, the
applicant is able to conform to sections 75-301 to 75-322 and the rules and
regulations that are adopted and promulgated by the commission under such
sections; or
(B) If the applicant is a transportation network company, the applicant is
able to conform to sections 75-323 to 75-342 and the rules and regulations that
are adopted and promulgated by the commission under such sections.
(c) Prior to issuing a license to engage in intrastate medicaid
nonemergency medical transportation services, the commission may hold a hearing
to determine if the applicant meets the qualifications described in subdivision
(b) of this subsection.
(d) A license to engage in intrastate medicaid nonemergency medical
transportation services is valid for one year. Any such license may be renewed
annually.
(e) The fee for a license or renewal of a license shall be established by
the commission, but shall not exceed two hundred fifty dollars. Such fee shall
accompany the application for such license or renewal of such license.
(f)(i) The commission may suspend or revoke any license to engage in
intrastate medicaid nonemergency medical transportation services of any:
(A) Motor carrier that does not comply with section 75-307;
(B) Transportation network company that does not comply with sections
75-332 to 75-341; or
(C) Any motor carrier or transportation network company that does not
comply with any applicable rule or regulation that is adopted and promulgated
by the commission or any applicable lawful order of the commission.
(ii) Any such suspension or revocation is not valid unless the commission:
(A) Provides to such person a written notice that describes such
suspension or revocation. Such written notice shall be provided at least
fifteen days prior to the hearing described in subdivision (f)(ii)(B) of this
subsection; and
(B) Holds a hearing to determine if such license shall be suspended or
revoked. Such person is not required to be present at the hearing.
(g) Except for a transportation network company holding a permit under
section 75-324, any person that is issued a license to engage in intrastate
medicaid nonemergency medical transportation services shall comply with section
75-307.
(5) Subsections (1) through (3) of this (4) This section shall not apply
to transportation network companies holding a permit under section 75-324 or
operations pursuant to a contract authorized by sections 75-303.02 and
75-303.03.
Sec. 95. Section 75-342, Revised Statutes Supplement, 2025, is amended to
read:
75-342 (1) No transportation network company or participating driver shall
provide transportation for any person under contract with the Department of
Health and Human Services or any contractors of the Department of Health and
Human Services without specific authorization from the commission. The
commission shall grant specific authorization to a requesting transportation
network company or participating driver, unless a protestant shows that (a) (1)
existing carriers are currently meeting, or will meet, the proposed need for
the proposed service and (b) (2) that even if the applicant's service will be
responsive to a public demand or need, the that applicant would not be able to
serve such this need in a specified manner without endangering or impairing the
operations of existing carriers contrary to the public interest.
(2)(a) No transportation network company or participating driver shall
engage in intrastate medicaid nonemergency medical transportation services
unless such transportation network company or participating driver holds a
license to engage in such services under subsection (4) of section 75-311.
(b) Subsection (1) of this section does not apply to a transportation
network company or participating driver that holds a license under subsection
(4) of section 75-311.
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Sec. 96. Section 86-903, Revised Statutes Supplement, 2025, is amended to
read:
86-903 (1) The Department of Revenue shall determine the prepaid wireless
surcharge annually, effective January 1, based on the charges described in
subsection (2) of this section as in effect on the preceding July 1. The
department shall provide not less than ninety days' advance notice of any
change in the prepaid wireless surcharge on the department's website.
(2) The rate of the prepaid wireless surcharge shall be the sum of the
following three percentages, rounded up to the nearest tenth of one percent:
(a) The percentage obtained by dividing (i) the amount of the wireless
surcharge authorized under subsection (1) subdivision (1)(b) of section 86-1070
by (ii) fifty;
(b) The percentage obtained by dividing (i) the amount of the Nebraska
Telecommunications Relay System Fund surcharge set by the Public Service
Commission pursuant to the Telecommunications Relay System Act by (ii) fifty;
and
(c) The percentage obtained by multiplying (i) the Nebraska
Telecommunications Universal Service Fund surcharge percentage rate set by the
Public Service Commission by (ii) one minus the Federal Communications
Commission safe harbor percentage for determining the interstate portion of a
fixed monthly wireless charge.
(3) The Department of Revenue shall provide the Public Service Commission
with prepaid wireless surcharge calculation and collection data upon request by
the commission.
(4) Beginning January 1, 2013, each seller shall collect the prepaid
wireless surcharge from the consumer with respect to each retail transaction
occurring in this state. The seller shall disclose the amount of the prepaid
wireless surcharge either separately on an invoice, receipt, or other similar
document that is provided to the consumer by the seller or otherwise. A retail
transaction that is effected in person by a consumer at a business location of
the seller shall be treated as occurring in this state if that business
location is in this state, and any other retail transaction shall be treated as
occurring in this state if the retail transaction is treated as occurring in
this state for purposes of section 77-2703.
(5) The prepaid wireless surcharge is the liability of the consumer and
not of the seller or of any provider, except that the seller shall be liable to
remit all prepaid wireless surcharges that the seller collects from consumers
as provided in section 86-904, including all such charges that the seller is
deemed to collect when the amount of the charge has not been separately stated
on an invoice, receipt, or other similar document provided to the consumer by
the seller.
(6) The amount of the prepaid wireless surcharge that is collected by a
seller from a consumer, whether or not such amount is separately stated on an
invoice, receipt, or other similar document provided to the consumer by the
seller, shall not be included in the base for measuring any tax, fee,
surcharge, or other charge that is imposed by this state, any political
subdivision of this state, or any intergovernmental agency.
(7) For purposes of subsection (4) of this section, when prepaid wireless
telecommunications service is sold with one or more other products or services
for a single, non-itemized price, the seller shall elect to treat the price of
the prepaid wireless telecommunications service (a) as such entire non-itemized
price, (b) if the amount of prepaid wireless telecommunications service is
disclosed to the consumer as a dollar amount, as such dollar amount, or (c) if
the retailer can identify the portion of the price that is attributable to the
prepaid wireless telecommunications service by reasonable and verifiable
standards from its books and records that are kept in the regular course of
business for other purposes, including, but not limited to, nontax purposes, as
such portion. If the amount of prepaid wireless telecommunications service is
denominated as ten minutes or less or as five dollars or less, the seller may
elect not to collect any prepaid wireless surcharge with respect to the retail
transaction.
Sec. 97. Section 86-1070, Revised Statutes Supplement, 2025, is amended to
read:
86-1070 (1) Each wireless carrier shall collect a : (a) A surcharge of up
to seventy cents , except as provided in subdivision (1)(b) of this subsection,
on all active telephone numbers or functional equivalents every month from
users of wireless service and shall remit the surcharge in accordance with
section 86-1072 ; or(b) A surcharge of up to fifty cents on all active
telephone numbers or functional equivalents every month from users of wireless
service whose primary place of use is in a county containing a city of the
metropolitan class and shall remit the surcharge in accordance with section
86-1072. The wireless carrier is not liable for any surcharge not paid by a
customer and is not required to collect the wireless surcharge for any
customers receiving services under the Nebraska Telephone Assistance Program
who do not receive a monthly charge for service through a billing statement.
(2) Except as otherwise provided in this section, the wireless carrier
shall add the surcharge to each user's billing statement. The surcharge shall
appear as a separate line-item charge on the user's billing statement and shall
be labeled as "Wireless 911 Surcharge" or a reasonable abbreviation of such
phrase.
(3) If a wireless carrier, except as otherwise provided in this section,
resells its service through other entities, each reseller shall collect the
surcharge from its customers and shall remit the surcharge in accordance with
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section 86-1072.
(4) The surcharges authorized by this section shall not apply to prepaid
wireless telecommunications service as defined in section 86-902.
Sec. 98. Section 86-1071, Revised Statutes Supplement, 2025, is amended to
read:
86-1071 The commission shall hold a public hearing annually to determine
the amount of revenue necessary to carry out the 911 Service System Act. After
the hearing, the commission shall determine the amount of money to be deposited
in the 911 Service System Fund for the following year to maximize operational
support for all public safety answering points in the state and shall set the
surcharge subject to the limitation in section 86-1070.
Sec. 99. Original sections 13-2901, 13-2902, 13-2903, 13-2904, 13-2905,
13-2911, 13-2912, 13-2914, 39-1638, 39-1639, 39-1640, 39-1641, 39-1642,
39-1643, 39-1644, 39-1645, 39-1646, 39-1647, 39-1648, 39-1649, 39-1650,
39-1651, 39-1652, 39-1653, 39-1655, 60-507, 60-513, 60-695, 60-6,299,
75-303.01, 75-303.02, and 75-303.03, Reissue Revised Statutes of Nebraska,
sections 39-1351, 39-2801, 39-2802, 39-2811, 39-2814, 39-2824, 39-2825, 60-462,
60-699, 60-6,123, 75-118, 75-302, and 75-307, Revised Statutes Cumulative
Supplement, 2024, and sections 60-4,131, 60-601, 60-605, 60-6,298, 75-126,
75-311, 75-342, 86-903, 86-1070, and 86-1071, Revised Statutes Supplement,
2025, are repealed.
Sec. 100. The following section is outright repealed: Section 39-1654,
Reissue Revised Statutes of Nebraska.
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