60-1401.01 Legislative findings and declaration. - Nebraska Statutes

60-1401.01. Legislativefindings and declaration.(1) The Legislature finds and declares thatthe distribution and sales of motor vehicles, motorcycles, and trailers inthe State of Nebraska vitally affects the general economy of the state, thepublic interest, the public welfare, and public safety and that in order topromote the public interest and the public welfare and in the exercise ofits police power, it is necessary to regulate motor vehicle, motorcycle, andtrailer dealers, manufacturers, distributors, and their representatives doingbusiness in the State of Nebraska.(2) The Legislaturefurther finds that the sales of motor vehicles, motorcycles, and trailersare involved to a large extent in a franchise system established between manufacturersand dealers and hereby declares that the sale of motor vehicles, motorcycles,and trailers to the public in the state under the franchise system includesmore than the mere transfer of title, being a continuing obligation of themanufacturer, distributor, anddealer to the buying public affecting the public interest; that the terminationor failure of the established relationship between the manufacturer, distributor, and dealer without causeor good faith denies to the general buying public its right to availabilityof continuing post-sale mechanical and operational services and precludesthe relationship, expected and implied at the time of sale, between the buyerand the seller necessary to insure safe operating condition of the vehicle.(3) The Legislaturefurther finds and declares that the distribution and sale of motor vehiclesin the state under the franchise system vitally affects commerce, the generaleconomy of the state, andthe welfare of the citizens of the state requiring the exercise of its policepower to insure the public welfare, to regulate commerce, to establish guidelinesfor enforcement of a fair and equitable balance between parties to such franchises,and to provide judicial relief from unfair and inequitable practices affectingthe public interest. SourceLaws 1971, LB 768, § 1; Laws 2010, LB816, § 13.AnnotationsIn 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).