Nebraska § 60-1401.01 Legislative
findings and declaration

Nebraska Statutes

§ 60-1401.01 — Legislative findings and declaration

Nebraska § 60-1401.01

Ch. 60Motor Vehicles

This text of Nebraska § 60-1401.01 (Legislative findings and declaration) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 60-1401.01 (2026).

Text

(1)The Legislature finds and declares that the distribution and sales of motor vehicles, motorcycles, and trailers in the State of Nebraska vitally affects the general economy of the state, the public interest, the public welfare, and public safety and that in order to promote the public interest and the public welfare and in the exercise of its police power, it is necessary to regulate motor vehicle, motorcycle, and trailer dealers, manufacturers, distributors, and their representatives doing business in the State of Nebraska.

(2)The Legislature further finds that the sales of motor vehicles, motorcycles, and trailers are involved to a large extent in a franchise system established between manufacturers and dealers and hereby declares that the sale of motor vehicles, motorcycles, and tr

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(1) The Legislature finds and declares that
the distribution and sales of motor vehicles, motorcycles, and trailers in
the State of Nebraska vitally affects the general economy of the state, the
public interest, the public welfare, and public safety and that in order to
promote the public interest and the public welfare and in the exercise of
its police power, it is necessary to regulate motor vehicle, motorcycle, and
trailer dealers, manufacturers, distributors, and their representatives doing
business in the State of Nebraska.
(2) The Legislature
further finds that the sales of motor vehicles, motorcycles, and trailers
are involved to a large extent in a franchise system established between manufacturers
and dealers and hereby declares that the sale of motor vehicles, motorcycles,
and trailers to the public in the state under the franchise system includes
more than the mere transfer of title, being a continuing obligation of the
manufacturer, distributor, and
dealer to the buying public affecting the public interest; that the termination
or failure of the established relationship between the manufacturer, distributor, and dealer without cause
or good faith denies to the general buying public its right to availability
of continuing post-sale mechanical and operational services and precludes
the relationship, expected and implied at the time of sale, between the buyer
and the seller necessary to insure safe operating condition of the vehicle.
(3) The Legislature
further finds and declares that the distribution and sale of motor vehicles
in the state under the franchise system vitally affects commerce, the general
economy of the state, and
the welfare of the citizens of the state requiring the exercise of its police
power to insure the public welfare, to regulate commerce, to establish guidelines
for enforcement of a fair and equitable balance between parties to such franchises,
and to provide judicial relief from unfair and inequitable practices affecting
the public interest.

Legislative History

Source: Laws 1971, LB 768, § 1; Laws 2010, LB816, § 13. Annotations: In refusing to consider petitioner's challenge of the constitutionality of this act, the court held a litigant who invokes the provisions of a statute may not simultaneously question its constitutionality. American Motors Sales Corp. v. Perkins, 198 Neb. 97, 251 N.W.2d 727 (1977).