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LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 8
Introduced by Blood, 3.
Read first time January 05, 2023
Committee: Judiciary
1 A BILL FOR AN ACT relating to mobile homes; to amend sections 60-166,
2 60-192, 76-1450, 76-1453, 76-1457, 76-1475, 76-1491, 76-1494,
3 76-1495, 76-14,104, 76-14,105, 76-14,106, and 76-14,109, Reissue
4 Revised Statutes of Nebraska, and section 60-149, Revised Statutes
5 Cumulative Supplement, 2022; to change and eliminate provisions
6 under the Mobile Home Landlord and Tenant Act relating to rules and
7 regulations, prohibited acts, termination of tenancy, landlord
8 remedies, retaliatory conduct, and abandonment; to provide for in-
9 park sales; to create liens for landlords as prescribed and provide
10 for certificates of title, priority, enforcement, and challenges; to
11 eliminate obsolete provisions; to provide for applicability; to
12 define terms; to harmonize provisions; to repeal the original
13 sections; and to outright repeal section 76-14,101, Revised Statutes
14 Cumulative Supplement, 2022.
15 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 60-149, Revised Statutes Cumulative Supplement,
2 2022, is amended to read:
3 60-149 (1)(a) If a certificate of title has previously been issued
4 for a vehicle in this state, the application for a new certificate of
5 title shall be accompanied by the certificate of title duly assigned
6 except as otherwise provided in the Motor Vehicle Certificate of Title
7 Act.
8 (b) Except for manufactured homes or mobile homes as provided in
9 subsection (2) of this section, if a certificate of title has not
10 previously been issued for the vehicle in this state or if a certificate
11 of title is unavailable, the application shall be accompanied by:
12 (i) A manufacturer's or importer's certificate except as otherwise
13 provided in subdivision (viii) of this subdivision;
14 (ii) A duly certified copy of the manufacturer's or importer's
15 certificate;
16 (iii) An affidavit by the owner affirming ownership in the case of
17 an all-terrain vehicle, a utility-type vehicle, or a minibike;
18 (iv) A certificate of title from another state;
19 (v) A court order issued by a court of record, a manufacturer's
20 certificate of origin, or an assigned registration certificate, if the
21 law of the state from which the vehicle was brought into this state does
22 not have a certificate of title law;
23 (vi) Evidence of ownership as provided for in section 30-24,125,
24 sections 52-601.01 to 52-605, sections 60-1901 to 60-1911, or sections
25 60-2401 to 60-2411;
26 (vii) Documentation prescribed in section 60-142.01, 60-142.02,
27 60-142.04, 60-142.05, 60-142.09, or 60-142.11 or documentation of
28 compliance with section 76-1607;
29 (viii) A manufacturer's or importer's certificate and an affidavit
30 by the owner affirming ownership in the case of a minitruck; or
31 (ix) In the case of a motor vehicle, a trailer, an all-terrain
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1 vehicle, a utility-type vehicle, or a minibike, an affidavit by the
2 holder of a motor vehicle auction dealer's license as described in
3 subdivision (11) of section 60-1406 affirming that the certificate of
4 title is unavailable and that the vehicle (A) is a salvage vehicle
5 through payment of a total loss settlement, (B) is a salvage vehicle
6 purchased by the auction dealer, or (C) has been donated to an
7 organization operating under section 501(c)(3) of the Internal Revenue
8 Code as defined in section 49-801.01.
9 (c) If the application for a certificate of title in this state is
10 accompanied by a valid certificate of title issued by another state which
11 meets that state's requirements for transfer of ownership, then the
12 application may be accepted by this state.
13 (d) If a certificate of title has not previously been issued for the
14 vehicle in this state and the applicant is unable to provide such
15 documentation, the applicant may apply for a bonded certificate of title
16 as prescribed in section 60-167.
17 (2)(a) If the application for a certificate of title for a
18 manufactured home or a mobile home is being made in accordance with
19 subdivision (4)(b) of section 60-137 or if the certificate of title for a
20 manufactured home or a mobile home is unavailable, the application shall
21 be accompanied by proof of ownership in the form of:
22 (i) A duly assigned manufacturer's or importer's certificate;
23 (ii) A certificate of title from another state;
24 (iii) A court order issued by a court of record;
25 (iv) Evidence of ownership as provided for in section 30-24,125,
26 sections 52-601.01 to 52-605, sections 60-1901 to 60-1911, or sections
27 60-2401 to 60-2411, or section 18 or 22 of this act, or documentation of
28 compliance with section 76-1607; or
29 (v) Assessment records for the manufactured home or mobile home from
30 the county assessor and an affidavit by the owner affirming ownership.
31 (b) If the applicant cannot produce proof of ownership described in
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1 subdivision (a) of this subsection, he or she may submit to the
2 department such evidence as he or she may have, and the department may
3 thereupon, if it finds the evidence sufficient, issue the certificate of
4 title or authorize the county treasurer to issue a certificate of title,
5 as the case may be.
6 (3) For purposes of this section, certificate of title includes a
7 salvage certificate, a salvage branded certificate of title, or any other
8 document of ownership issued by another state or jurisdiction for a
9 salvage vehicle. Only a salvage branded certificate of title shall be
10 issued to any vehicle conveyed upon a salvage certificate, a salvage
11 branded certificate of title, or any other document of ownership issued
12 by another state or jurisdiction for a salvage vehicle. A previously
13 salvage branded certificate of title may be issued if, prior to
14 application, the applicant's vehicle has been repaired and inspected as
15 provided in section 60-146.
16 (4) The county treasurer shall retain the evidence of title
17 presented by the applicant and on which the certificate of title is
18 issued.
19 (5)(a) If an affidavit is submitted under subdivision (1)(b)(ix) of
20 this section, the holder of a motor vehicle auction dealer's license
21 shall certify that (i) it has made at least two written attempts and has
22 been unable to obtain the properly endorsed certificate of title to the
23 property noted in the affidavit from the owner and (ii) thirty days have
24 expired after the mailing of a written notice regarding the intended
25 disposition of the property noted in the affidavit by certified mail,
26 return receipt requested, to the last-known address of the owner and to
27 any lien or security interest holder of record of the property noted in
28 the affidavit.
29 (b) The notice under subdivision (5)(a)(ii) of this section shall
30 contain a description of the property noted in the affidavit and a
31 statement that title to the property noted in the affidavit shall vest in
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1 the holder of the motor vehicle auction dealer's license thirty days
2 after the date such notice was mailed.
3 (c) The mailing of notice and the expiration of thirty days under
4 subdivision (5)(a)(ii) of this section shall extinguish any lien or
5 security interest of a lienholder or security interest holder in the
6 property noted in the affidavit, unless the lienholder or security
7 interest holder has claimed such property within such thirty-day period.
8 The holder of a motor vehicle auction dealer's license shall transfer
9 possession of the property noted in the affidavit to the lienholder or
10 security interest holder claiming such property.
11 Sec. 2. Section 60-166, Reissue Revised Statutes of Nebraska, is
12 amended to read:
13 60-166 (1)(a) This subsection applies prior to the implementation
14 date designated by the Director of Motor Vehicles pursuant to subsection
15 (2) of section 60-1508.
16 (b) In the event of (i) the transfer of ownership of a vehicle by
17 operation of law as upon inheritance, devise, bequest, order in
18 bankruptcy, insolvency, replevin, or execution sale or as provided in
19 sections 30-24,125, 52-601.01 to 52-605, 60-1901 to 60-1911, and 60-2401
20 to 60-2411, (ii) the engine of a vehicle being replaced by another
21 engine, (iii) a vehicle being sold to satisfy storage or repair charges
22 or under section 76-1607, or (iv) repossession being had upon default in
23 performance of the terms of a chattel mortgage, trust receipt,
24 conditional sales contract, or other like agreement, the county treasurer
25 of any county or the department, upon the surrender of the prior
26 certificate of title or the manufacturer's or importer's certificate, or
27 when that is not possible, upon presentation of satisfactory proof of
28 ownership and right of possession to such vehicle, and upon payment of
29 the appropriate fee and the presentation of an application for
30 certificate of title, may issue to the applicant a certificate of title
31 thereto.
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1 (2)(a) This subsection applies beginning on the implementation date
2 designated by the director pursuant to subsection (2) of section 60-1508.
3 (1)(a) (b) In the event of (i) the transfer of ownership of a
4 vehicle by operation of law as upon inheritance, devise, bequest, order
5 in bankruptcy, insolvency, replevin, or execution sale or as provided in
6 section 30-24,125, sections 52-601.01 to 52-605, sections 60-1901 to
7 60-1911, and sections 60-2401 to 60-2411, (ii) the engine of a vehicle
8 being replaced by another engine, (iii) a vehicle being sold to satisfy
9 storage or repair charges or under section 76-1607, or (iv) repossession
10 being had upon default in performance of the terms of a chattel mortgage,
11 trust receipt, conditional sales contract, or other like agreement, and
12 upon acceptance of an electronic certificate of title record after
13 repossession, in addition to the title requirements in this section, the
14 county treasurer of any county or the department, upon the surrender of
15 the prior certificate of title or the manufacturer's or importer's
16 certificate, or when that is not possible, upon presentation of
17 satisfactory proof of ownership and right of possession to such vehicle,
18 and upon payment of the appropriate fee and the presentation of an
19 application for certificate of title, may issue to the applicant a
20 certificate of title thereto.
21 (b) Upon application under section 18 or 22 of this act and upon
22 payment of the fee prescribed in section 60-154, the department or the
23 county treasurer may issue the applicant a certificate of title for a
24 mobile home.
25 (2) (3) If the prior certificate of title issued for such vehicle
26 provided for joint ownership with right of survivorship, a new
27 certificate of title shall be issued to a subsequent purchaser upon the
28 assignment of the prior certificate of title by the surviving owner and
29 presentation of satisfactory proof of death of the deceased owner.
30 (3)(a) Except as provided in subdivision (3)(b) of this section,
31 only (4) Only an affidavit by the person or agent of the person to whom
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1 possession of such vehicle has so passed, setting forth facts entitling
2 him or her to such possession and ownership, together with a copy of a
3 court order or an instrument upon which such claim of possession and
4 ownership is founded, shall be considered satisfactory proof of ownership
5 and right of possession, except that if the applicant cannot produce such
6 proof of ownership, he or she may submit to the department such evidence
7 as he or she may have, and the department may thereupon, if it finds the
8 evidence sufficient, issue the certificate of title or authorize any
9 county treasurer to issue a certificate of title, as the case may be.
10 (b) This subsection does not apply to an application for a
11 certificate of title under section 18 or 22 of this act.
12 (4) (5) If from the records of the county treasurer or the
13 department there appear to be any liens on such vehicle, such certificate
14 of title shall comply with section 60-164 or 60-165 regarding such liens
15 unless the application is accompanied by proper evidence of their
16 satisfaction or extinction.
17 Sec. 3. Section 60-192, Reissue Revised Statutes of Nebraska, is
18 amended to read:
19 60-192 (1) The transferor of any motor vehicle described in
20 subsection (2) of this section, which was equipped with an odometer by
21 the manufacturer, shall provide to the transferee a statement, signed by
22 the transferor, setting forth:
23 (a) The mileage on the odometer at the time of transfer; and
24 (b)(i) A statement that, to the transferor's best knowledge, such
25 mileage is that actually driven by the motor vehicle;
26 (ii) A statement that the transferor has knowledge that the mileage
27 shown on the odometer is in excess of the designated mechanical odometer
28 limit; or
29 (iii) A statement that the odometer reading does not reflect the
30 actual mileage and should not be relied upon because the transferor has
31 knowledge that the odometer reading differs from the actual mileage and
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1 that the difference is greater than that caused by odometer calibration
2 error.
3 (2) This Prior to January 1, 2021, this section applies to the
4 transfer of any motor vehicle of an age of less than ten years. Beginning
5 January 1, 2021, this section applies to the transfer of any motor
6 vehicle with a manufacturer's model year designation of 2011 or newer and
7 an age of less than twenty years.
8 (3) If a discrepancy exists between the odometer reading and the
9 actual mileage, a warning notice to alert the transferee shall be
10 included with the statement. The transferor shall retain a true copy of
11 such statement for a period of five years from the date of the
12 transaction.
13 (4) If Beginning on the implementation date designated by the
14 director pursuant to subsection (2) of section 60-1508, if motor vehicle
15 ownership has been transferred by operation of law pursuant to
16 repossession under subdivision (1)(a)(iv) (2)(b)(iv) of section 60-166,
17 the mileage shall be listed as the odometer reading at the time of the
18 most recent transfer of ownership prior to the repossession of the motor
19 vehicle. The adjustment shall not be deemed a violation of section
20 60-190.