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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1121
Introduced by Ballard, 21.
Read first time January 16, 2026
Committee: Transportation and Telecommunications
A BILL FOR AN ACT relating to recreational vehicles; to amend sections1
60-1402 and 60-2701, Reissue Revised Statutes of Nebraska, and2
sections 60-1438.01 and 71-4603, Revised Statutes Cumulative3
Supplement, 2024; to adopt the Recreational Vehicle Industry4
Regulation Act; to eliminate certain provisions relating to5
recreational vehicles under the Motor Vehicle Industry Regulation6
Act; to provide for additional members on the Nebraska Motor Vehicle7
Industry Licensing Board and change provisions relating to such8
board; to redefine a term relating to manufacturer's warranties; to9
redefine a term under the Uniform Standard Code for Manufactured10
Homes and Recreational Vehicles; to provide an operative date; and11
to repeal the original sections. 12
Be it enacted by the people of the State of Nebraska,13
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Section 1. Sections 1 to 35 of this act shall be known and may be1
cited as the Recreational Vehicle Industry Regulation Act.2
Sec. 2. The Recreational Vehicle Industry Regulation Act applies to3
agreements between dealers and manufacturers that are entered into on or4
after the operative date of this act. 5
Sec. 3. The Legislature declares that: 6
(1) The public health, safety, and welfare of the residents of this7
state can be protected by regulating the relationship between dealers and8
manufacturers, maintaining competition between dealers and manufacturers,9
and providing consumer protection and fair trade for the purchase and10
consumer care of recreational vehicles; and 11
(2) The recreational vehicle industry operates differently than the12
motor vehicle industry in certain respects and these differences should13
be reflected in franchise law to serve the needs of consumers, dealers,14
manufacturers, distributors, and warrantors. 15
Sec. 4. For purposes of the Recreational Vehicle Industry16
Regulation Act: 17
(1) Area of sales responsibility means the geographical area agreed18
to by the dealer and the manufacturer in the manufacturer-dealer19
agreement, within which the dealer has the exclusive right to display or20
sell the manufacturer's new recreational vehicles of a particular line-21
make; 22
(2) Board has the same meaning as in section 60-1401.06;23
(3)(a) Bona fide consumer means an owner of a recreational vehicle24
that has: 25
(i) Acquired such recreational vehicle for use in business or for26
pleasure purposes; 27
(ii) Been granted a certificate of title for such recreational28
vehicle; and 29
(iii) Registered such recreational vehicle in accordance with the30
laws of the residence of the owner; and 31
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(b) Bona fide consumer does not include any owner that sells more1
than eight registered recreational vehicles within a twelve-month period;2
(4) Consumer care means the performance, for the public, of3
necessary maintenance and repairs to recreational vehicles, including4
diagnostic work and warranty service; 5
(5) Dealer means any individual who or business entity that is6
licensed under the Recreational Vehicle Industry Regulation Act to sell7
new recreational vehicles; 8
(6) Distributor means any individual or business entity that9
purchases new recreational vehicles for resale to dealers;10
(7) Factory campaign means an effort on the part of a warrantor to11
contact recreational vehicle owners or dealers in order to address a part12
or equipment issue; 13
(8) Family member means a spouse or, whether by blood, marriage, or14
adoption, a child, grandchild, parent, sibling, niece, or nephew, or the15
spouse of any such person; 16
(9) Licensee means a person that holds a license issued under the17
Recreational Vehicle Industry Regulation Act; 18
(10) Line-make means a specific series of recreational vehicles19
that: 20
(a) Are targeted to a particular market segment, as determined by21
their decor, features, equipment, size, weight, and price range;22
(b) Have lengths and interior floor plans that distinguish the line-23
make from other line-makes with substantially the same decor, equipment,24
features, price, and weight; and 25
(c) Belong to a single, distinct classification of recreational26
vehicles that have a substantial degree of commonality in the27
construction of the chassis, frame, and body; 28
(11) Manufacturer means any individual or business entity that29
engages in the manufacturing of recreational vehicles;30
(12) Manufacturer-dealer agreement means a written agreement or31
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contract entered into between a manufacturer or distributor and a dealer1
that specifies the rights and responsibilities of the parties to the2
agreement and authorizes the dealer to sell line-makes of new3
recreational vehicles that are manufactured by the manufacturer;4
(13) Model means a series of recreational vehicles that are5
identified by a trade name or trademark that is a subset of a line-make;6
(14) Motor vehicle dealer has the same meaning as in section7
60-1401.26; 8
(15) Motorcycle dealer has the same meaning as in section9
60-1401.29; 10
(16) New recreational vehicle means any recreational vehicle that is11
not included within the definition of a used recreational vehicle;12
(17) Proprietary part means any part that is manufactured by or for13
and sold exclusively by the manufacturer; 14
(18)(a) Recreational vehicle means a vehicle that is either self-15
propelled or towed by a consumer-owned tow vehicle and that is designed16
to provide temporary living quarters for recreational, camping, or travel17
use; and 18
(b) Recreational vehicle includes motor homes, travel trailers,19
fifth wheel travel trailers, truck campers, and folding camping trailers;20
(19) Termination action means the termination of, cancellation of,21
or failure to renew an entire manufacturer-dealer agreement or any22
provision relating to any model or line-make in a manufacturer-dealer23
agreement; 24
(20) Trailer dealer has the same meaning as in section 60-1401.37;25
(21) Transient customer means a customer who is temporarily26
traveling through a dealer's area of sales responsibility;27
(22)(a) Used recreational vehicle means every recreational vehicle28
that has been sold, bargained, exchanged, or given away or for which29
title has been transferred from the person who first acquired it from the30
manufacturer, distributor, or dealer. 31
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(b) A new recreational vehicle is not considered a used recreational1
vehicle until it has been placed in use by a bona fide consumer or until2
it has been registered under the Motor Vehicle Registration Act by a bona3
fide consumer; 4
(23) Warrantor means any individual or business entity that provides5
a warranty in connection with a new recreational vehicle or parts,6
accessories, or components for a new recreational vehicle. Such warranty7
does not include the following that are sold for separate consideration8
by a dealer or other person not controlled by a manufacturer: Any service9
contract, mechanical or other insurance, and extended warranty;10
(24) Warranty part means a part, accessory, or component of a11
recreational vehicle that is covered by a warranty that was issued by a12
warrantor; and 13
(25) Warranty service means consumer care that is provided under the14
terms of or to comply with a warranty. 15
Sec. 5. (1) The board may: 16
(a) Regulate the issuance and revocation of licenses in accordance17
with and subject to the Recreational Vehicle Industry Regulation Act;18
(b) Perform all acts and duties provided for in the Recreational19
Vehicle Industry Regulation Act that are necessary to the administration20
and enforcement of the act; 21
(c) Adopt and promulgate rules and regulations relating to the22
administration of but not inconsistent with the Recreational Vehicle23
Industry Regulation Act; 24
(d) Enforce rules and regulations that were adopted and promulgated25
by the board; and 26
(e) Employ a hearing officer who shall conduct preliminary hearings27
on behalf of the board and make recommendations to the board on any issue28
or matter that the board deems proper. 29
(2) The seal of the board shall be used to authenticate the acts of30
the board. Copies of all records and papers in the office of the board31
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under the hand and seal of the office shall be received in evidence in1
all cases equally and with like effect as the original.2
(3) Investigators employed by the board may enter upon and inspect3
the facilities, the required records, and any recreational vehicles found4
in any licensee's established place or places of business.5
(4) With respect to any action taken by the board, if a controlling6
number of the members of the board are active participants in the7
recreational vehicle market in which the action is taken, the chairperson8
shall review the action taken and, upon completion of such review,9
modify, alter, approve, or reject the board's action.10
Sec. 6. (1) Licenses issued by the board under the Recreational11
Vehicle Industry Regulation Act shall be of the classes set out in this12
section and shall permit the business activities described in this13
section: 14
(a) Recreational vehicle dealer license. This license permits:15
(i) The selling or exchanging of new recreational vehicles at:16
(A) Any established place of business designated in the license;17
(B) Another place or places of business located within three hundred18
feet of such designated place of business; and 19
(C) Any place within the county described in the license; and20
(ii) Either the individual owner of the business or one stockholder21
in, member in, partner in, or officer of the business, to act as a22
recreational vehicle salesperson and the name of the one authorized23
person shall appear on the license; 24
(b) Manufacturer license. This license: 25
(i) Permits the licensee to engage in the activities of a26
manufacturer; and 27
(ii) Prohibits the licensee from directly or indirectly owning an28
interest in, operating, controlling, or acting in the capacity of any:29
(A) Franchised dealer or franchised dealership for the same line-30
make of recreational vehicle that is manufactured by the licensee; or31
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(B) Nonfranchised dealer or dealership; and 1
(c) Distributor license. This license: 2
(i) Permits the licensee to engage in the activities of a3
distributor; and 4
(ii) Prohibits the licensee from directly or indirectly owning an5
interest in, operating, controlling, or acting in the capacity of any:6
(A) Franchised dealer or franchised dealership for the same line-7
make of recreational vehicle that is distributed by the licensee; or8
(B) Nonfranchised dealer or dealership. 9
(2) For purposes of this section, a dealer or dealership is10
controlled by a manufacturer or distributor if such manufacturer or11
distributor is directly or indirectly authorized, by law or by an12
agreement of the parties, to direct or influence the management or13
policies of the dealer or dealership. 14
Sec. 7. Any person may apply for one or more of the classes of15
licenses described in section 6 of this act. Such application shall be16
prescribed by the board and contain the following information:17
(1)(a) If the applicant is an individual, the name and address of18
the applicant, the applicant's social security number, and the name under19
which the applicant intends to conduct business; 20
(b) If the applicant is a partnership or limited liability company,21
the name and address of each partner or member, the social security22
number of each partner or member, and the name under which the applicant23
intends to conduct business; or 24
(c) If the applicant is not an individual, a partnership, or a25
limited liability company, the applicant's name, the name and address of26
each of the applicant's principal officers, and the name under which the27
applicant intends to conduct business; 28
(2)(a) The address of each place where the applicant intends to29
conduct business, (b) a statement whether the applicant owns or leases30
each such place, (c) for each such place that is leased, a true and31
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correct copy of the lease agreement, and (d) a description of the1
facilities for the display of recreational vehicles;2
(3) If the application is for a recreational vehicle dealer license,3
the name and address of the individual who is to act as the salesperson4
under such license if issued; 5
(4) If the application is for a manufacturer license or a6
distributor license, a statement regarding the manufacturer's or7
distributor's compliance with the Recreational Vehicle Industry8
Regulation Act; and 9
(5) A statement that the applicant will comply with and be subject10
to the Recreational Vehicle Industry Regulation Act, the rules and11
regulations adopted and promulgated by the board, and any amendments to12
such act and such rules and regulations. 13
Sec. 8. (1) Only a dealer may sell a new recreational vehicle in14
this state to a bona fide consumer. 15
(2) A manufacturer or distributor shall not sell a new recreational16
vehicle in this state to or through a dealer without having first entered17
into a manufacturer-dealer agreement with such dealer. Any such agreement18
shall be signed by both parties. 19
(3) A motor vehicle dealer, motorcycle dealer, or trailer dealer20
shall not sell a new recreational vehicle in this state without becoming21
licensed as a dealer under the Recreational Vehicle Industry Regulation22
Act. 23
(4) This section applies beginning on January 1, 2027.24
Sec. 9. (1) A manufacturer-dealer agreement shall include:25
(a) A designation of the area of sales responsibility assigned to26
the dealer; 27
(b) The timeframe for inspection and refusal to take delivery of a28
recreational vehicle by the dealer pursuant to section 31 of this act.29
Such timeframe shall not be less than two business days after the30
physical delivery of the recreational vehicle; 31
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(c) The terms of the manufacturer-dealer agreement; and1
(d) The duration of the manufacturer-dealer agreement.2
(2) A manufacturer-dealer agreement shall not:3
(a) Include any provision that requires a party to violate the4
Recreational Vehicle Industry Regulation Act. Any such provision is null5
and void; 6
(b) Provide for the sale of a model or line-make that is already7
authorized to be sold by another dealer in the same area of sales8
responsibility; or 9
(c) Be changed during the duration of the manufacturer-dealer10
agreement without the written mutual consent of the parties, including11
the area of sales responsibility. 12
(3) A manufacturer shall not issue a policy or procedure that13
violates or substantially alters a provision of a manufacturer-dealer14
agreement during the duration of such agreement without the written15
mutual consent of the parties. 16
Sec. 10. (1) When a manufacturer distributes new recreational17
vehicles to any dealer under the terms of a manufacturer-dealer18
agreement, such distribution shall be in a fair and equitable manner.19
(2) Any such dealer may request information on the manner of20
distribution from such manufacturer. Such request shall be made in21
writing and delivered to the headquarters of the manufacturer. Upon22
receipt of such request, such manufacturer shall provide such information23
to the headquarters of the dealer in written form within thirty business24
days after receipt of such request. 25
Sec. 11. A manufacturer shall provide each dealer with which the26
manufacturer has executed a current manufacturer-dealer agreement with27
adequate technical data so that the dealer can perform consumer care and28
repairs on the recreational vehicles that were manufactured by the29
manufacturer and sold by the dealer. 30
Sec. 12. (1) A manufacturer or distributor shall not initiate a31
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termination action, including directly or through any officer, agent, or1
employee of such manufacturer or distributor, unless at least one reason2
showing that good cause exists for such termination action.3
(2) A manufacturer or distributor that initiates a termination4
action has the burden of showing good cause for such termination action.5
For purposes of determining reasons showing that good cause exists for a6
manufacturer or distributor to initiate a termination action, any of the7
following factors may be considered: 8
(a) The extent of the affected dealer's penetration in the relevant9
market area for the relevant model or line-make; 10
(b) The nature and extent of the dealer's investment in the dealer's11
business; 12
(c) The adequacy of the dealer's service facilities, equipment,13
parts, supplies, and personnel; 14
(d) The effect of the termination action on the community;15
(e) The extent and quality of the dealer's service under16
recreational vehicle warranties; 17
(f) The failure to follow agreed-upon, reasonable procedures or18
standards related to the overall operation of the dealership consistent19
with the law and the manufacturer-dealer agreement;20
(g) The dealer's performance under the terms of the manufacturer-21
dealer agreement; 22
(h) The dealer or one of its owners being convicted of, or entering23
a plea of nolo contendere to, a felony; 24
(i) The abandonment or closing of the business operations of the25
dealer for ten consecutive business days unless the closing is due to an26
act of God, strike, labor difficulty, or other cause over which the27
dealer has no control; 28
(j) A significant misrepresentation by the dealer that materially29
affects the business relationship between the manufacturer or distributor30
and the dealer; and 31
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(k) A suspension, revocation, or nonrenewal of the dealer's1
recreational vehicle dealer license under the Recreational Vehicle2
Industry Regulation Act. 3
Sec. 13. (1)(a) Except as provided in subsection (4) of this4
section, a manufacturer or distributor shall provide the dealer with a5
written notice that states the manufacturer's or distributor's intent to6
initiate a termination action. 7
(b) Such written notice shall be delivered to the headquarters of8
the dealer at least: 9
(i) One hundred twenty days prior to the intended termination10
action; or 11
(ii) Thirty days prior to the intended termination action if the12
reasons showing that good cause exists for initiating a termination13
action include any reason under subdivisions (2)(h) though (k) of section14
12 of this act. 15
(c) Such written notice shall state: 16
(i) Each reason showing that good cause exists for the proposed17
termination action; 18
(ii) The date of the proposed termination action; and19
(iii) That, within thirty days after receiving the notice, the20
dealer may provide to the manufacturer or distributor a written notice of21
intent to cure each reason stated for the proposed termination action.22
Such notice of intent to cure shall be delivered to the headquarters of23
the manufacturer or distributor. 24
(2)(a) For a dealer that provides the notice described in25
subdivision (1)(c)(iii) of this section, such dealer has ninety days26
after such notice was received by the manufacturer or distributor to cure27
each reason stated for the proposed termination action.28
(b) If each reason for the proposed termination action is cured as29
specified in subdivision (2)(a) of this section, the manufacturer or30
distributor shall not initiate the proposed termination action.31
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(3) For a dealer that does not provide the notice described in1
subdivision (1)(c)(iii) of this section, the manufacturer or distributor2
may initiate the proposed termination action on the date stated in the3
written notice provided by the manufacturer or distributor pursuant to4
subsection (1) of this section. 5
(4) A manufacturer or distributor does not need to provide written6
notice to a dealer of a proposed termination action if the dealer is7
experiencing insolvency, the occurrence of an assignment for the benefit8
of creditors, or bankruptcy. 9
Sec. 14. (1) A dealer may initiate a termination action with a10
manufacturer or distributor with or without good cause at any time by11
providing a written notice of the termination action to the manufacturer12
or distributor. Such written notice shall be delivered to the13
headquarters of the manufacturer or distributor at least thirty days14
prior to the date of the termination action. 15
(2) A dealer that initiates a termination action for good cause has16
the burden of showing good cause for such termination action. For17
purposes of determining good cause under this section, any of the18
following factors may be considered: 19
(a) The manufacturer or distributor being convicted of, or entering20
a plea of nolo contendere to, a felony; 21
(b) The business operations of the manufacturer or distributor being22
abandoned or closed for ten consecutive business days, unless the closing23
is due to any act of God, strike, labor difficulty, or other cause over24
which the manufacturer or distributor has no control;25
(c) A significant misrepresentation by the manufacturer or26
distributor that materially affects the business relationship between the27
dealer and the manufacturer or distributor; 28
(d) A material violation of the Recreational Vehicle Industry29
Regulation Act by the manufacturer or distributor that is not cured30
within thirty days after receipt of the written notice that is provided31
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by the dealer to the headquarters of the manufacturer or distributor;1
(e) A declaration by the manufacturer or distributor of bankruptcy,2
insolvency, or the occurrence of an assignment for the benefit of3
creditors; 4
(f) A material violation of the manufacturer-dealer agreement by the5
manufacturer that is not cured within one hundred twenty days after6
written notice that is provided by the dealer to the headquarters of the7
manufacturer; 8
(g) Coercion of the dealer by the manufacturer or distributor; and9
(h) A violation by the manufacturer or distributor of the area of10
sales responsibility specified in the manufacturer-dealer agreement or11
allowing other dealers to violate such area of sales responsibility.12
Sec. 15. (1) This section applies to any termination action that is13
initiated when a manufacturer terminates without good cause or a dealer14
terminates with good cause: 15
(a) Not in accordance with section 13 of this act by a manufacturer16
or distributor; 17
(b) Pursuant to subsection (3) of section 13 of this act; or18
(c) Pursuant to section 14 of this act. 19
(2) At the election of the dealer and within forty-five days after20
the date of the termination action, the manufacturer or distributor shall21
repurchase: 22
(a) All new, untitled recreational vehicles that were acquired by23
the dealer from the manufacturer or distributor within the eighteen-month24
period prior to the date of the termination action. Any such recreational25
vehicles shall not have not been used except for demonstration purposes26
and shall not have not been altered. Such recreational vehicles shall be27
purchased at one hundred percent of the original net invoice cost,28
including transportation and less applicable rebates and discounts29
provided to the dealer. If any such recreational vehicle that is30
repurchased is damaged prior to purchase, the repurchase amount due to31
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the dealer shall be reduced by the cost to repair such damaged1
recreational vehicle; 2
(b) All undamaged accessories and proprietary parts sold to the3
dealer by the manufacturer or distributor for resale within the twelve-4
month period prior to the date of the termination action. Any such5
accessories and proprietary parts shall be accompanied by their original6
invoice. Such accessories and parts shall be repurchased at one hundred7
five percent of the original net invoice price; and8
(c) Any properly functioning diagnostic equipment, special tools,9
current signage, and other equipment and machinery, that (i) was10
originally purchased by the dealer within five years before the date of11
the termination action, (ii) was originally purchased upon the12
manufacturer's or distributor's request, and (iii) can no longer be used13
in the normal course of the dealer's ongoing business. The manufacturer14
or distributor shall pay to the dealer one hundred percent of the net15
cost that the dealer paid to acquire such equipment, tools, signage, and16
machinery. The manufacturer or distributor shall reimburse the dealer for17
any freight, destination, delivery, and distribution charges and sales18
taxes, if any, related to the original purchase and the repurchase of19
such equipment, tools, signage, and machinery. 20
(3) Any repurchased recreational vehicle shall be paid for in full21
before such recreational vehicle is removed from the dealer's premises.22
After payment in full and upon the request of the manufacturer or23
distributor, such recreational vehicle shall be immediately surrendered24
to the manufacturer or distributor. 25
Sec. 16. Notwithstanding any other provision of the Recreational26
Vehicle Industry Regulation Act, if any recreational vehicle of a model27
or line-make that is the subject of a termination agreement is not28
repurchased or required to be repurchased by the manufacturer or29
distributor, a dealer may sell the remaining inventory of such model or30
line-make or any accessory or part for such model or line-make that such31
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dealer has in stock. 1
Sec. 17. (1) Prior to entering a new manufacturer-dealer agreement2
to sell a same line-make, a dealer shall provide written notice to each3
manufacturer and distributor with which the dealer has a manufacturer-4
dealer agreement. 5
(2) Such written notice shall: 6
(a) Be provided to the headquarters of the manufacturer or7
distributor at least thirty days prior to entering the new manufacturer-8
dealer agreement; 9
(b) Specify that the dealer will be entering a new manufacturer-10
dealer agreement; 11
(c) Specify the line-make that is the subject of the new12
manufacturer-dealer agreement; and 13
(d) Specify the length of time that the new manufacturer-dealer14
agreement will be effective. 15
Sec. 18. A manufacturer-dealer agreement that has been renewed16
shall not require additional inventory stocking requirements or increased17
retail sales targets in excess of the market growth in the dealer's area18
of sales responsibility. 19
Sec. 19. (1) A dealer shall provide written notice to each20
manufacturer and distributor with which the manufacturer is currently21
under a manufacturer-dealer agreement that such dealer intends to change22
ownership by any manner, including the sale of assets of the dealer and a23
stock transfer. Such written notice shall be provided at least ten24
business days before the change of ownership to the headquarters of each25
such manufacturer and distributor. 26
(2)(a) Within three business days after receiving a written notice27
under this section, a manufacturer or distributor may request the dealer28
to provide any supporting documentation that is required by the29
manufacturer or distributor to determine if such manufacturer or30
distributor will object to the change in ownership.31
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(b) Any such requested supporting documentation shall be provided by1
the dealer within three business days after receiving the request for2
such supporting documentation. 3
Sec. 20. (1) A manufacturer or distributor shall not object to a4
change in ownership of a dealer unless: 5
(a) The change in ownership would breach the manufacturer-dealer6
agreement; 7
(b) The dealer failed to provide any requested supporting8
documentation under section 19 of this act; 9
(c) The prospective transferee: 10
(i) Has been terminated for cause in a termination action initiated11
by the manufacturer under a previous manufacturer-dealer agreement;12
(ii) Has been convicted of a felony or any crime of fraud, deceit,13
or moral turpitude; 14
(iii) Lacks any license necessary to own and operate the dealership15
under the Recreational Vehicle Industry Regulation Act;16
(iv) Does not have an active line of credit that is sufficient to17
purchase the manufacturer's or distributor's products under the18
manufacturer-dealer agreement; or 19
(v) Within the ten years prior to the date of receipt of the written20
notice provided under section 19 of this act, has undergone bankruptcy,21
insolvency, a general assignment for the benefit of creditors, or the22
appointment of a receiver, trustee, or conservator to take possession of23
the transferee's business or property; or 24
(d) If the prospective transferee is a family member of the dealer,25
such family member intends to do any of the following without the consent26
of the manufacturer or distributor: 27
(i) Relocate the dealership to any location; or28
(ii) Alter the terms or conditions of the manufacturer-dealer29
agreement. 30
(2) If the manufacturer or distributor objects to a change of31
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ownership, the manufacturer or distributor shall provide written notice1
of its reasons for the objection to the dealer within seven business days2
after receipt of the written notification provided by the dealer under3
section 19 of this act. The manufacturer or distributor has the burden of4
proof with regard to its objection. 5
(3) If a manufacturer or distributor does not object to the change6
in ownership pursuant to this section, the change in ownership shall be7
deemed approved by such manufacturer or distributor.8
Sec. 21. A warrantor shall: 9
(1) Specify a dealer's obligations, if any, for preparation,10
delivery, and consumer care on products that are under warranty by the11
warrantor. Any such obligations shall be specified in writing;12
(2) Compensate a dealer for consumer care that is (i) performed by13
such dealer and (ii) covered by a warranty issued by the warrantor;14
(3) Create a schedule of compensation and provide such schedule to15
each dealer that is authorized by the warrantor to perform warranty16
service; and 17
(4) Whenever the warrantor modifies a schedule of compensation,18
provide such updated schedule of compensation to each dealer that is19
authorized by the warrantor to perform warranty service.20
Sec. 22. (1) A schedule of compensation that is created or modified21
by a warrantor shall include the: 22
(a) Reasonable compensation that will be paid by the warrantor to23
the dealer for performing consumer care. Such compensation shall not be24
less than the lowest retail labor rate actually charged by the dealer in25
the ordinary course of business for like nonwarranty consumer care; and26
(b) Reasonable time allowances for the performance of consumer care.27
(2)(a) Any particular consumer care that is performed by a dealer28
and that is not included in a schedule of compensation shall be paid by29
the warrantor at the actual time expended to complete the consumer care.30
(b) A warrantor may dispute a payment required by subdivision (a) of31
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this subsection. A warrantor that disputes any such payment shall:1
(i) Demonstrate that the actual time claimed by the dealer to2
perform the consumer care was not reasonable; and 3
(ii) Pay the dealer a reasonable sum for the performance of the4
consumer care. 5
(c) The burden of proof for any dispute under this subsection lies6
with the warrantor. 7
Sec. 23. A dealer that replaces a warranty part shall be paid the8
following by the warrantor that issued the warranty for such warranty9
part: 10
(1) The actual wholesale cost paid by the dealer for the warranty11
part; 12
(2) A handling charge equal to the lesser amount of:13
(a) Thirty percent of the actual wholesale cost paid by the dealer14
for the warranty part. If a part is sent to the dealer at no cost, the15
warrantor shall pay to the dealer an amount equal to thirty percent of16
the wholesale cost of the part; or 17
(b) Three hundred dollars; and 18
(3) The freight cost to ship to the warrantor the part that was19
replaced, if the warrantor requests for such part to be shipped to the20
warrantor. 21
Sec. 24. A warrantor may ship parts to the dealer so that such22
dealer will be able to carry out factory campaign work. If such parts are23
in excess of a dealer's requirements, the dealer may return the unused24
parts to the warrantor for credit after completion of the factory25
campaign. 26
Sec. 25. A dealer shall notify the warrantor as soon as reasonably27
possible, verbally or in writing, if the dealer is unable or unwilling to28
perform material or repetitive consumer care. 29
Sec. 26. (1) A warrantor may conduct a warranty audit of any dealer30
that requests warranty compensation from the warrantor.31
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(2) A warrantor may conduct such warranty audits for any number of1
such dealers, but not more often for each such dealer than three months2
since the last warranty audit conducted by such warrantor.3
Sec. 27. (1) A dealer shall submit a warranty compensation claim4
within forty-five days after completing consumer care relating to the5
compensation claim. Such claim shall be in the manner and form prescribed6
by the warrantor. 7
(2) A request by a dealer for payment of warranty compensation shall8
not be denied except for cause, including performance of nonwarranty9
repairs, material noncompliance with the warrantor's published policies10
and procedures, lack of material documentation, fraud, and11
misrepresentation. 12
(3) A warrantor shall provide written notice to the dealer for any13
warranty claim that the warrantor denies. Such written notice shall be14
provided to the headquarters of the dealer within forty-five days after15
the date of submission for payment of warranty compensation by the16
dealer. 17
(4) Any claim that is not denied pursuant to subsection (3) of this18
section shall be deemed to be approved and shall be paid within sixty19
days after the date of submission for payment of warranty compensation by20
the dealer. 21
Sec. 28. A warrantor shall not: 22
(1) Fail to perform any of its warranty obligations;23
(2) Fail to include, in any written notice of a factory campaign24
that is provided to any recreational vehicle owner or dealer, the25
expected date when necessary parts and equipment, including tires,26
chassis, and chassis parts, will be available to dealers to perform27
factory campaign work; 28
(3) Fail to compensate a dealer for authorized consumer care that29
was completed by the dealer relating to merchandise that was damaged:30
(a) During the manufacturing process; or 31
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(b) During transit to the dealer, if the carrier that provided1
transit was designated by the warrantor, factory branch, distributor, or2
distributor branch; 3
(4) Fail to compensate a dealer for authorized warranty service in4
accordance with the time allowances set forth in the schedule of5
compensation, if such warranty service was performed in a timely and6
competent manner; 7
(5) Intentionally misrepresent in any way to any purchaser of a8
recreational vehicle that any warranty with respect to the manufacture,9
performance, or design of the recreational vehicle is made by the dealer10
as a warrantor or co-warrantor; or 11
(6) Require the dealer to make any warranty to any customer in any12
manner related to the manufacture of a recreational vehicle.13
Sec. 29. A dealer shall not: 14
(1) Fail to perform predelivery inspection functions, as specified15
by the warrantor, in a competent and timely manner;16
(2) Fail to perform warranty service that is authorized by a17
warrantor in a reasonably competent and timely manner on any transient18
customer's recreational vehicle if such recreational vehicle is the same19
line-make sold by the dealer. This subdivision does not apply if the20
dealer determines that the transient customer is acting in a manner21
detrimental to the dealer's business; 22
(3) Fail to track actual time expended to perform warranty service23
that is not governed by time allowances in the schedule of compensation;24
(4) Claim an agency relationship with a warrantor or a manufacturer;25
or 26
(5) Misrepresent the terms of any warranty. 27
Sec. 30. (1)(a) Except as provided in subdivision (d) of this28
subsection, a warrantor shall not fail to indemnify, defend, and hold29
harmless a dealer that performed warranty service on behalf of such30
warrantor against any loss or damage to the extent such loss or damage31
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was caused by the negligence or willful misconduct of such warrantor.1
(b) Except as provided in subdivision (d) of this subsection, such2
dealer shall not be denied indemnification by such warrantor or a defense3
against such warrantor for failing to discover, disclose, or remedy a4
defect in the design or manufacturing of a recreational vehicle.5
(c) Such dealer shall provide to such warrantor a copy of the6
complaint in any legal proceeding in which any allegation is made that7
relates to warranty service described in this subsection. Such copy shall8
be provided to the headquarters of such warrantor within ten calendar9
days after such dealer receives such complaint. 10
(d) Subdivisions (a) and (b) of this subsection do not apply for a11
legal proceeding if a dealer does not comply with subdivision (c) of this12
subsection. 13
(2)(a) Except as provided in subdivision (c) of this subsection, a14
dealer shall not fail to indemnify, defend, and hold harmless a warrantor15
for which the dealer performed warranty service against any loss or16
damage to the extent such loss or damage was caused by the negligence or17
willful misconduct of such dealer. 18
(b) Except as provided in subdivision (c) of this subsection, such19
warrantor shall provide to such dealer a copy of the complaint in any20
legal proceeding in which any allegation is made that relates to warranty21
service described in this subsection. Such copy shall be provided to the22
headquarters of such dealer within ten calendar days after such warrantor23
receives such complaint. 24
(c) Subdivision (a) of this subsection does not apply for a legal25
proceeding if a warrantor does not comply with subdivision (b) of this26
subsection. 27
(3) Indemnification under this section includes court costs,28
reasonable attorney's fees, and expert witness fees.29
Sec. 31. (1) If a new recreational vehicle is damaged prior to30
transit to a dealer or is damaged in transit to a dealer and the carrier31
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or means of transportation was selected by the manufacturer or1
distributor, the dealer shall notify the manufacturer or distributor of2
the damage within the timeframe specified in the manufacturer-dealer3
agreement and: 4
(a) Request authorization from the manufacturer or distributor to5
replace or correct any component, part, or accessory that was damaged; or6
(b) Not take delivery of the recreational vehicle.7
(2) The ownership of a new recreational vehicle described in8
subsection (1) of this section reverts to the manufacturer or distributor9
if: 10
(a) A dealer requests authorization under subdivision (1)(a) of this11
section and the manufacturer or distributor refuses or fails to make such12
authorization within ten business days after receiving the notification13
described in subsection (1) of this section; or 14
(b) The dealer does not take delivery of the recreational vehicle.15
(3) A dealer that takes custody of a recreational vehicle described16
in subsection (1) of this section shall exercise due care with such17
recreational vehicle, but such dealer shall have no other obligations,18
financial or otherwise, with respect to such recreational vehicle.19
(4)(a) For purposes of this subsection, unreasonable amount of miles20
means any amount determined by the dealer that is not less than the sum21
of: 22
(i) For recreational vehicles delivered from a manufacturer, one23
hundred miles plus the shortest distance over paved roads beginning at24
the location where the recreational vehicle was manufactured and ending25
at the dealership location; or 26
(ii) For recreational vehicles delivered from a distributor, one27
hundred miles plus the shortest distance over paved roads beginning from28
the location where the recreational vehicle was manufactured, through the29
location of the distributor, and ending at the dealership location.30
(b) A dealer may choose to not take delivery of any new recreational31
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vehicle if the odometer for such recreational vehicle indicates an1
unreasonable amount of miles. The ownership of such recreational vehicle2
shall revert to the manufacturer or distributor. 3
Sec. 32. (1) For purposes of this section, coerce includes, but is4
not limited to: 5
(a) Threatening to initiate a termination action or not renew a6
manufacturer-dealer agreement without good cause; 7
(b) Threatening to withhold any product as an inducement to amending8
the manufacturer-dealer agreement; and 9
(c) Delaying the delivery of any product as an inducement to10
amending the manufacturer-dealer agreement. 11
(2) A manufacturer or distributor shall not coerce or attempt to12
coerce any dealer to: 13
(a) Purchase any product that the dealer did not order;14
(b) Enter into any agreement with the manufacturer or distributor;15
(c) Take any action that is unfair or unreasonable to the dealer;16
(d) Enter into any agreement that requires the dealer to submit to17
binding arbitration or otherwise waive any right or responsibility18
provided under the Recreational Vehicle Industry Regulation Act; or19
(e) Forego exercising a right authorized by a manufacturer-dealer20
agreement or any law governing the manufacturer, distributor, or dealer.21
(3) The dealer bears the burden of proof regarding any coercive22
action by a manufacturer or distributor that is prohibited under this23
section. 24
Sec. 33. (1)(a) A dealer, manufacturer, distributor, or warrantor25
that is injured by a violation of the Recreational Vehicle Industry26
Regulation Act may bring a civil action to recover actual damages.27
(b) Venue for any civil action under this section shall be brought:28
(i) If only one dealer is a party to the civil action, in the county29
court of the county where the dealership is located;30
(ii) If more than one dealer is a party to the civil action, in any31
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county court of a county where a dealer that is a party to the action is1
located; or 2
(iii) If no party to the civil action is a dealer, in any county3
court with relevant jurisdiction. 4
(c) The court shall award attorney's fees and costs to the5
prevailing party in such action. 6
(2)(a) Before bringing a civil action under this section, the party7
that is bringing the civil action for an alleged violation shall serve a8
written demand for mediation upon the offending party.9
(b) The demand for mediation shall be served upon the offending10
party via certified mail at the address: 11
(i) Stated within the manufacturer-dealer agreement between the12
parties; 13
(ii) If there is no manufacturer-dealer agreement between the14
parties or if the address described in subdivision (b)(i) of this15
subsection does not exist or is no longer valid, the address specified by16
the offending party in such party's license application under the17
Recreational Vehicle Industry Regulation Act. 18
(c) The demand for mediation shall contain a brief statement of the19
dispute and the relief sought by the party serving the demand.20
(d) Within twenty days after the date a demand for mediation is21
served upon the offending party, the parties shall mutually select an22
independent mediator and meet with the mediator for the purpose of23
attempting to resolve the dispute. The meeting place shall be in this24
state in a location selected by the mediator. The mediator may extend the25
date of the mediation for good cause shown by either party or upon26
stipulation of both parties. 27
(e) The service of a demand for mediation under this subsection28
stays any statute of limitations or statute of repose for the filing of29
any complaint, petition, protest, or action under the Recreational30
Vehicle Industry Regulation Act until representatives of all parties have31
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met with a mutually selected mediator for the purpose of attempting to1
mediate the dispute. If a complaint, petition, protest, or action is2
filed before such mediation, the court shall enter an order suspending3
the proceeding or action until the mediation has occurred and may, upon4
written stipulation of all parties to the proceeding or action that the5
parties wish to continue to mediate under this subsection, enter an order6
suspending the proceeding or action until a date that the court considers7
appropriate. A suspension order issued under this subdivision may be8
revoked by the court. 9
(f) The parties to the mediation shall bear their own costs for10
attorney's fees and divide equally the cost of the mediator.11
Sec. 34. (1)(a) A dealer, manufacturer, distributor, or warrantor12
may bring a civil action in county court to seek injunctive relief13
relating to a violation or a potential violation of the Recreational14
Vehicle Industry Regulation Act or a manufacturer-dealer agreement.15
(b) Venue for any civil action under this section shall be brought:16
(i) If only one dealer is a party to the civil action, in the county17
court of the county where the dealership is located;18
(ii) If more than one dealer is a party to the civil action, in any19
county court of a county where a dealer that is a party to the action is20
located; or 21
(iii) If no party to the civil action is a dealer, in any county22
court with relevant jurisdiction. 23
(2) After a hearing and if cause has been shown, the court may issue24
a temporary or permanent injunction, or both, that restrains any person25
from violating the Recreational Vehicle Industry Regulation Act or a26
manufacturer-dealer agreement. 27
(3) Such injunction shall be issued without bond.28
(4) A single act in violation of the Recreational Vehicle Industry29
Regulation Act is sufficient to authorize the issuance of an injunction30
under this section. 31
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Sec. 35. (1) The board may suspend or revoke the license of any1
licensee under the Recreational Vehicle Industry Regulation Act upon a2
finding that any such licensee has violated the Recreational Vehicle3
Industry Regulation Act. 4
(2) The board may impose and collect a civil penalty against any5
licensee if the board finds that such licensee has violated the6
Recreational Vehicle Industry Regulation Act. Such civil penalty shall7
not exceed one thousand dollars for each violation of the Recreational8
Vehicle Industry Regulation Act. All civil penalties received by the9
board shall be remitted to the State Treasurer for distribution in10
accordance with Article VII, section 5, of the Constitution of Nebraska.11
(3) Any suspension, revocation, or imposition under this section may12
be appealed by the licensee pursuant to the Administrative Procedure Act.13
Sec. 36. Section 60-1402, Reissue Revised Statutes of Nebraska, is14
amended to read: 15
60-1402 (1) The There is hereby established the Nebraska Motor16
Vehicle Industry Licensing Board is created. 17
(2) The Board which shall consist of the Director of Motor Vehicles,18
who shall be the chairperson of the board, and the following eleven nine19
members appointed by the Governor as follows: 20
(a) One factory representative; , 21
(b) One one member of the general public; , 22
(c) One and one motorcycle dealer ; , all of whom shall be appointed23
from the state at large, 24
(d) One one new motor vehicle dealer from each of the three25
congressional districts of the state as the districts existed are26
constituted on October 19, 1963; , 27
(e) Two and two used motor vehicle dealers . Not and one trailer28
dealer or combination motor vehicle or trailer dealer, not more than one29
used motor vehicle dealer shall be being appointed from the same30
congressional district as such districts existed they are constituted on31
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October 19, 1963; , 1
(f) One and the trailer dealer or combination motor vehicle or2
trailer dealer; being appointed from the state at large.3
(g) One recreational vehicle dealer that is licensed under the4
Recreational Vehicle Industry Regulation Act; and 5
(h) One recreational vehicle manufacturer that is licensed under the6
Recreational Vehicle Industry Regulation Act. 7
(3) No member of the board shall participate in any manner in a8
proceeding before the board involving his or her licensed business.9
(4)(a) (2) On October 19, 1963, the Governor shall appoint a new10
motor vehicle dealer and a trailer dealer or combination motor vehicle or11
trailer dealer to the board. In making the appointments, the Governor12
shall appoint one of the new members for one year and one for two years13
as designated by the Governor in making the appointments.14
(b) On January 1, 1972, the Governor shall appoint one factory15
representative and one member of the general public to the board,16
designating one to serve for a term of one year and one for a term of two17
years. 18
(c) On January 1, 1974, the Governor shall appoint one motorcycle19
dealer to serve for a term of three years. 20
(d) No later than January 1, 2027, the Governor shall appoint the21
members described in subdivisions (2)(g) and (h) of this section. Such22
members shall be appointed for terms of three years. Such three-year23
terms shall begin on January 1, 2027. 24
(5)(a) At the expiration of the term of any appointed member of the25
board, the Governor shall appoint a successor for a term of three years.26
(b) In the event of a vacancy on the board, the Governor shall fill27
such vacancy by appointing a member to serve during the unexpired term of28
the member whose office has become vacant. 29
(c) No member appointed shall serve more than two consecutive terms.30
(6) The action of the majority of the members of the board shall be31
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deemed the action of the board. 1
(7) All appointments made to the board, except the Director of Motor2
Vehicles, shall be confirmed by the Legislature if in session. In the3
event the Legislature is not in session all appointments including4
appointments to fill a vacancy shall be temporary appointments until the5
next meeting of the Legislature when the Governor shall nominate some6
person to fill the office. Any person so nominated who is confirmed by7
the Legislature shall hold office during the remainder of the term.8
(8) No appointed person may act as a member of the board while9
holding any other elective or appointive state or federal office except10
the Director of Motor Vehicles. 11
(9) All appointed members of the board shall be paid fifty dollars12
for each day actually engaged in the performance of their duties and be13
entitled to their reasonable traveling expenses in the performance of14
their duties. 15
Sec. 37. Section 60-1438.01, Revised Statutes Cumulative Supplement,16
2024, is amended to read: 17
60-1438.01 (1) For purposes of this section, manufacturer or18
distributor includes (a) a factory representative or a distributor19
representative or (b) a person who is affiliated with a manufacturer or20
distributor or who, directly or indirectly through an intermediary, is21
controlled by, or is under common control with, the manufacturer or22
distributor. A person is controlled by a manufacturer or distributor if23
the manufacturer or distributor has the authority directly or indirectly,24
by law or by agreement of the parties, to direct or influence the25
management and policies of the person. A franchise agreement with a26
Nebraska-licensed dealer which conforms to and is subject to the Motor27
Vehicle Industry Regulation Act is not control for purposes of this28
section. 29
(2) Except as provided in this section, a manufacturer or30
distributor shall not directly or indirectly: 31
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(a) Own an interest in a franchise, franchisee, or consumer care or1
service facility, except that a manufacturer or distributor may hold2
stock in a publicly held franchise, franchisee, or consumer care or3
service facility so long as the manufacturer or distributor does not by4
virtue of holding such stock operate or control the franchise,5
franchisee, or consumer care or service facility; 6
(b) Operate or control a franchise, franchisee, or consumer care or7
service facility; 8
(c) Act in the capacity of a franchisee or motor vehicle dealer; or9
(d) Own, operate, or control any consumer care or service facility10
or perform warranty or nonwarranty work on any vehicle manufactured by11
such manufacturer or distributor, unless such manufacturer or12
distributor: 13
(i) Manufactures and distributes electric vehicles; and14
(ii) Is not nor has ever been a franchisor in this state.15
(3) A manufacturer or distributor may own an interest in a16
franchisee or otherwise control a franchise for a period not to exceed17
twelve months after the date the manufacturer or distributor acquires the18
franchise if: 19
(a) The person from whom the manufacturer or distributor acquired20
the franchise was a franchisee; and 21
(b) The franchise is for sale by the manufacturer or distributor.22
(4) For purposes of broadening the diversity of its franchisees and23
enhancing opportunities for qualified persons who lack the resources to24
purchase a franchise outright, but for no other purpose, a manufacturer25
or distributor may temporarily own an interest in a franchise if the26
manufacturer's or distributor's participation in the franchise is in a27
bona fide relationship with a franchisee and the franchisee:28
(a) Has made a significant investment in the franchise, which29
investment is subject to loss; 30
(b) Has an ownership interest in the franchise; and31
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(c) Operates the franchise under a plan to acquire full ownership of1
the franchise within a reasonable time and under reasonable terms and2
conditions. 3
(5) On a showing of good cause by a manufacturer or distributor, the4
board may extend the time limit set forth in subsection (3) of this5
section. An extension may not exceed twelve months. An application for an6
extension after the first extension is granted is subject to protest by a7
franchisee of the same line-make whose franchise is located in the same8
community as the franchise owned or controlled by the manufacturer or9
distributor. 10
(6) The prohibition in subdivision (2)(b) of this section shall not11
apply to any manufacturer of manufactured housing , recreational12
vehicles, or trailers. 13
(7) The prohibitions set forth in subsection (2) of this section14
shall not apply to a manufacturer that: 15
(a) Does not own or operate more than two such dealers or dealership16
locations in this state; 17
(b) Owned, operated, or controlled a warranty repair or service18
facility in this state as of January 1, 2016; 19
(c) Manufactures engines for installation in a motor-driven vehicle20
with a gross vehicle weight rating of more than sixteen thousand pounds21
for which motor-driven vehicle evidence of title is required as a22
condition precedent to registration under the laws of this state, if the23
manufacturer is not otherwise a manufacturer of motor vehicles; and24
(d) Provides to dealers on substantially equal terms access to all25
support for completing repairs, including, but not limited to, parts and26
assemblies, training and technical service bulletins, and other27
information concerning repairs that the manufacturer provides to28
facilities owned, operated, or controlled by the manufacturer.29
Sec. 38. Section 60-2701, Reissue Revised Statutes of Nebraska, is30
amended to read: 31
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60-2701 As used in sections 60-2701 to 60-2709, unless the context1
otherwise requires: 2
(1) Consumer means shall mean the purchaser, other than for purposes3
of resale, of a motor vehicle normally used for personal, family,4
household, or business purposes, any person to whom such motor vehicle is5
transferred for the same purposes during the duration of an express6
warranty applicable to such motor vehicle, and any other person entitled7
by the terms of such warranty to enforce the obligations of the warranty;8
(2) Motor vehicle means shall mean a new motor vehicle as defined in9
section 60-1401.30 that which is sold in this state, excluding10
recreational vehicles as defined in section 4 of this act section 60-347;11
and 12
(3) Manufacturer's express warranty means shall mean the written13
warranty, so labeled, of the manufacturer of a new motor vehicle.14
Sec. 39. Section 71-4603, Revised Statutes Cumulative Supplement,15
2024, is amended to read: 16
71-4603 For purposes of the Uniform Standard Code for Manufactured17
Homes and Recreational Vehicles, unless the context otherwise requires:18
(1) Camping trailer means a vehicular portable unit mounted on19
wheels and constructed with collapsible partial side walls which fold for20
towing by another vehicle and unfold at the campsite to provide temporary21
living quarters for recreational, camping, or travel use;22
(2) Commission means the Public Service Commission;23
(3) Dealer means any of the following a person licensed by the state24
pursuant to the Motor Vehicle Industry Regulation Act as a dealer in25
manufactured homes or recreational vehicles or any other person, other26
than a manufacturer, who sells, offers to sell, distributes, or leases27
manufactured homes or recreational vehicles primarily to persons who in28
good faith purchase or lease a manufactured home or recreational vehicle29
for purposes other than resale: ; 30
(a) A person licensed by the state pursuant to the Motor Vehicle31
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Industry Regulation Act as a dealer in manufactured homes;1
(b) A person licensed by the state pursuant to the Recreational2
Vehicle Industry Regulation Act as a dealer in recreational vehicles; or3
(c) Any other person, other than a manufacturer;4
(4) Defect means a failure to conform to an applicable construction5
standard that renders the manufactured home or recreational vehicle or6
any component of the manufactured home or recreational vehicle not fit7
for the ordinary use for which it was intended but does not result in an8
unreasonable risk of injury or death to occupants; 9
(5) Distributor means any person engaged in the sale and10
distribution of manufactured homes or recreational vehicles for resale;11
(6) Failure to conform means a defect, a serious defect,12
noncompliance, or an imminent safety hazard related to the code;13
(7) Fifth-wheel trailer means a unit mounted on wheels, designed to14
provide temporary living quarters for recreational, camping, or travel15
use, of such size or weight as not to require a special highway movement16
permit, and designed to be towed by a motorized vehicle that contains a17
towing mechanism that is mounted above or forward of the tow vehicle's18
rear axle; 19
(8) Gross trailer area means the total plan area measured on the20
exterior to the maximum horizontal projections of exterior wall in the21
setup mode and includes all siding, corner trims, moldings, storage22
spaces, expandable room sections regardless of height, and areas enclosed23
by windows but does not include roof overhangs. Storage lofts contained24
within the basic unit shall have ceiling heights less than five feet and25
shall not constitute additional square footage. Appurtenances, as defined26
in subdivision (2)(k) of section 60-6,288, shall not be considered in27
calculating the gross trailer area as provided in such subdivision;28
(9) Imminent safety hazard means a hazard that presents an imminent29
and unreasonable risk of death or severe personal injury;30
(10) Manufactured home means a structure, transportable in one or31
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more sections, which in the traveling mode is eight body feet or more in1
width or forty body feet or more in length or when erected on site is2
three hundred twenty or more square feet and which is built on a3
permanent chassis and designed to be used as a dwelling with or without a4
permanent foundation when connected to the required utilities and5
includes the plumbing, heating, air conditioning, and electrical systems6
contained in the structure, except that manufactured home includes any7
structure that meets all of the requirements of this subdivision other8
than the size requirements and with respect to which the manufacturer9
voluntarily files a certification required by the United States Secretary10
of Housing and Urban Development and complies with the standards11
established under the National Manufactured Housing Construction and12
Safety Standards Act of 1974, as such act existed on September 1, 2001,13
42 U.S.C. 5401 et seq.; 14
(11) Manufactured-home construction means all activities relating to15
the assembly and manufacture of a manufactured home, including, but not16
limited to, activities relating to durability, quality, and safety;17
(12) Manufactured-home safety means the performance of a18
manufactured home in such a manner that the public is protected against19
any unreasonable risk of the occurrence of accidents due to the design or20
construction of such manufactured home or any unreasonable risk of death21
or injury to the user or to the public if such accidents do occur;22
(13) Manufacturer means any person engaged in manufacturing,23
assembling, or completing manufactured homes or recreational vehicles;24
(14) Motor home means a vehicular unit primarily designed to provide25
temporary living quarters which are built into an integral part of, or26
permanently attached to, a self-propelled motor vehicle chassis or van,27
containing permanently installed independent life-support systems that28
meet the state standard for recreational vehicles and providing at least29
four of the following facilities: Cooking; refrigeration or ice box;30
self-contained toilet; heating, air conditioning, or both; a potable31
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water supply system including a faucet and sink; separate one-hundred-1
twenty-nominal-volt electrical power supply; or LP gas supply;2
(15) Noncompliance means a failure to comply with an applicable3
construction standard that does not constitute a defect, a serious4
defect, or an imminent safety hazard; 5
(16) Park model recreational vehicle means a vehicular unit which6
meets the following criteria: 7
(a) Is designed and marketed as temporary living quarters for8
recreational, camping, travel, or seasonal use; 9
(b) Is not permanently affixed to real property for use as a10
permanent dwelling; 11
(c) Is built on a single chassis mounted on wheels with a gross12
trailer area not exceeding four hundred square feet in the set up mode;13
and 14
(d) Is certified by the manufacturer as complying with the ANSI15
A119.5 Park Model Recreational Vehicle Standard of the American National16
Standards Institute, 2020 edition; 17
(17) Person means any individual, partnership, limited liability18
company, company, corporation, or association engaged in manufacturing,19
selling, offering to sell, or leasing manufactured homes or recreational20
vehicles; 21
(18) Purchaser means the first person purchasing a manufactured home22
or recreational vehicle in good faith for purposes other than resale;23
(19) Recreational vehicle means a vehicular type unit primarily24
designed as temporary living quarters for recreational, camping, or25
travel use, which unit either has its own motive power or is mounted on26
or towed by another vehicle. Recreational vehicle includes, but is not27
limited to, travel trailer, park model recreational vehicle, camping28
trailer, truck camper, motor home, and van conversion;29
(20) Seal means a device or insignia issued by the Department of30
Health and Human Services Regulation and Licensure prior to May 1, 1998,31
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or by the Public Service Commission on or after May 1, 1998, to be1
displayed on the exterior of a manufactured home or recreational vehicle2
to evidence compliance with state standards. The federal manufactured-3
home label shall be recognized as a seal; 4
(21) Serious defect means a failure to conform to an applicable5
construction standard that renders the manufactured home or recreational6
vehicle or any component of the manufactured home or recreational vehicle7
not fit for the ordinary use for which it was intended and which results8
in an unreasonable risk of injury or death to the occupants;9
(22) Travel trailer means a vehicular unit mounted on wheels,10
designed to provide temporary living quarters for recreational, camping,11
or travel use of such size or weight as not to require special highway12
movement permits when towed by a motorized vehicle;13
(23) Truck camper means a portable unit constructed to provide14
temporary living quarters for recreational, travel, or camping use,15
consisting of a roof, floor, and sides and designed to be loaded onto and16
unloaded from the bed of a pickup truck; and 17
(24) Van conversion means a completed vehicle permanently altered18
cosmetically, structurally, or both which has been recertified by the19
state as a multipurpose passenger vehicle but which does not conform to20
or otherwise meet the definition of a motor home in this section and21
which contains at least one plumbing, heating, or one-hundred-twenty-22
nominal-volt electrical component subject to the provisions of the state23
standard for recreational vehicles. Van conversion does not include any24
such vehicle that lacks any plumbing, heating, or one-hundred-twenty-25
nominal-volt electrical system but contains an extension of the low-26
voltage automotive circuitry. 27
Sec. 40. This act becomes operative on October 1, 2026.28
Sec. 41. Original sections 60-1402 and 60-2701, Reissue Revised29
Statutes of Nebraska, and sections 60-1438.01 and 71-4603, Revised30
Statutes Cumulative Supplement, 2024, are repealed.31
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