Nebraska Unicameral Legislative Bill 721
Bill Status: Committee hearing scheduled for February 22, 2005 at the statehouse.
Introduced by State Senator: Raikes Dist. 25 of Lincoln
Introduction date: January 19, 2005
Committee: Transportation and Telecommunications
Committee Hearing date and time: February 22, 2005, 1:30 PM
State Government Legislative Bill Web Site: http://www.unicam.state.ne.us/documents/bills.htm Enter 721 in the Bill Finder search box and select "LB".
DETAILS: According to Senator Raikes office this bill was introduced to require the registration of ATVs and dirtbikes in Nebraska. If enacted, all owners of ATVs and dirtbikes would be required to register their ATVs and dirtbikes in Nebraska. It would provide a way for government agencies to tax these vehicles and for law enforcement to identify them. Motorcycle license plates would be affixed to the back bumpers or fenders of ATVs and dirtbikes. ATVs and off-road dirtbikes would not be allowed to be used on public streets, roads or highways. However, agricultural ATVs would be allowed access to roads. All machines would be required to carry proof of insurance just like other licensed motor vehicles. Operators would have to carry a current drivers license. Machines may require an inspection by the local Sheriff's Department prior to registration.
People who use their ATVs or dirtbikes on private property and/or use ATVs and dirtbikes for recreation on public trails such as at Headworks near Genoa or on trails at the Nebraska National Forest will be required to register their machines and have license plates on them. None of the taxes collected from the registration would be allowed for recreational trails.
This bill was introduced in co-operation of the Lincoln Motorcycle and ATV dealers and the State of Nebraska.
The state is frustrated with the sales of dirtbikes and some ATVs being conducted in Iowa and other states because purchasers in Nebraska have to pay sales tax on the purchase. Some ATV and dirtbike dealers are frustrated with having to process sales taxes paid by purchasers and want to make the collection of these taxes the responsibility of purchasers. Purchasers of ATVs and dirtbikes in Nebraska will have to purchase insurance, then go to the court house, pay sales and property taxes and register their ATV or dirtbike.
Being able to purchase these machines in another state, purchasers are not always being charged Nebraska sales taxes in that state. This lowers the overall price of the machine and creates an unfair dis-advantage for Nebraska motorcycle and ATV dealers. Additionally, the time and paper work to process the sales taxes absorbs a considerable amount of the dealers time and resources. These duties would instead be transferred to the county court house, and the county can then verify insurance, collect sales and property taxes, issue a title and license plate. The final purchase price at the dealer would be less, but the purchaser of the ATV or dirtbike would have to pay $200 to $500 for insurance and property taxes, plus sales tax. It will drive the cost of purchasing a new ATV or dirtbike in Nebraska.
The State of Nebraska is interested in the bill because many ATV and dirtbike owners are not obtaining a title for their machines and not paying the sales tax. Additionally, the machines are not registered and thus cannot be charged property taxes. Un-registered ATVs and dirtbikes would have no plate and thus would be easier for law enforcement to monitor.
PROS TO RECREATIONAL ATV AND DIRTBIKE ENTHUSIASTS: Amendments may be attached to LB-721 to eliminate the insurance requirement and provide some funding for trails.
CONS TO RECREATIONAL ATV AND DIRTBIKE ENTHUSIASTS: People who use their ATVs or dirtbikes for recreation and hunting on public trails and private land in Nebraska will be required to register their machines and have license plates on them. None of the taxes collected from the registration would be allowed for recreational trails. Even though ATV and dirtbike owners will have a license plate on their machines, they will not be allowed access on public streets or highways unless the are using the machine for agricultural purposes. Agricultural machines would need to be registered and plated.
NOHVA POSITION: It is the
consensus of the Nebraska Off Highway Vehicle Association’s Board of Directors
that the original proposed LB-721 is not acceptable.
The NOHVA Board of Directors is opposed to the bill unless it contains
provisions for the following:
1. A portion of the registration must be designated for motorized recreational
trails.
2. Personal property taxes are not charged to recreational owners and a
reasonable annual fee be set.
3. Insurance requirements be removed.
4. The registration fund must be managed by an agency willing to manage the
funds and the funds are not transferable to other agencies for non-motorized
projects.
5. Distribution of the fund not be limited to RTP matches and educational uses,
and be made available to help with existing projects.
We have submitted ideas for a registration
program,
check out our ideas. While we are NOT actively trying establish a
registration, it is NOHVA's consensus that IF a registration program is passes,
it should include funding for ATV and dirtbikes trails in Nebraska.
Comment from Dan Nitzel, NOHVA Business
Manager: This is a BAD bill in it's current form. Right now,
the BEST PLACE to get this bill stopped or modified is in committee. It unfairly targets recreational ATV and
dirtbike riders and provides no benefits for recreational ATV and dirtbike
riders. It will discourage riders from supporting some of the existing
public places to ride in Nebraska and could eventually cause them to close.
It will drive sales of ATVs and dirtbikes out of Nebraska.
ATV and dirtbike enthusiasts, the state and a few dealers who support LB-721 should not be pitted against each other, they should be working WITH each other. We can all benefit from it!
It appears that in order to make my 2004 Honda TRX450R legal to ride in Nebraska it will cost me $100 in property taxes a year at the court house NOT INCLUDING insurance that will cost an extra $250. All of my ATVs are titled, insured with full coverage insurance and sales taxes have been paid. Unlike other vehicles that are registered in Nebraska, none of the taxes that I would pay would be used for places I ride, and I would not be allowed to ride on any streets or highways where my taxes would be spent.
It is not known if recreational riders who want to ride on existing pubic trails will have to follow the same rules for agricultural units such as having to install a flag, be limited to only day time use, and be limited to no more than 30 mph. To obtain a registration, the vehicle will need to pass a possible inspection by the sheriff's department. Those without a drivers license (such as kids) may not allowed to ride an ATV public trails such as Halsey, Headworks or Sutherland and those who are riding double may receive a fine.
ATV and dirtbike riders need to contact your local State Senator and KINDLY express your opposition to LB-721. I suggest that you write a letter to the Transportation and Telecommunications committee expressing your opposition to LB-721 and then writing a letter to your state senator. You may also attend the committee hearing February 22, 2005 at 1:30 PM on this bill. The hearing will be held in the State House in Lincoln.
Before you attend a hearing or write a letter, be sure to explain your position in an understandable and cordial manner. This in not a time for HOT HEADS, but is instead a time for logical discussion. For more information on LB-721, contact the sponsoring Senator listed above, your local State Senator or the NOHVA Business Office at 308-381-2143.
Letters are the most popular method of communicating with a State Senator's office. A telephone call is very effective as well. How well your letter is prepared will determine whether your correspondence will be effective. Following some simple steps will enable you to make the most of your communications to your Senator.1. State the purpose of your correspondence in the first paragraph. If your letter pertains to a specific piece of legislation, identify it accordingly, e.g., LB ___ or LR ___.
2. Write in a courteous manner; get to the point and include key information, using examples to support your position. Don't be vague.
3. Each letter should contain only one issue. Stick to that issue and keep your letters to one page.
To a State Senator:
SENATOR _______
DISTRICT _______
STATE CAPITOL BLDG
LINCOLN NE 68509
Remember:
To find out who your State Senator is, visit http://www.unicam.state.ne.us/districts/findyoursenator.htm
More resources:
How to write a letter to State Senators
What to do if you plan to testify at a committee hearing
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