2005 Nebraska State Statutes
Auctions & Auctioneers
Nebraska Sales Tax Regulations and permit application
Contact: Your City or County Clerk
***************************************************************************
Chapter 10. Bonds.
Political subdivision; Internet auction system; authorized.
10-145. Any political subdivision may, at the
discretion of the governing body of the subdivision, sell bonds
which the political subdivision is authorized to issue under any
provision of law using an Internet auction system. The governing
body shall comply with all other statutory requirements for the
issuance of the bonds.
___________________________________________________________________________
Chapter 15. Cities of the Primary Class. (Lincoln)
Auctions; licensing; regulation.
15-217. A city of the primary class shall have power
to regulate, license, or prohibit the sale of domestic animals,
goods, wares, and merchandise at public auction in the streets,
alleys, highways, or any public grounds within the city, and to
regulate or license the auctioneering of goods, wares, and
merchandise. If the applicant is an individual, an application
for a license shall include the applicant's social security
number.
___________________________________________________________________________
Chapter 16. Cities of the First Class. (5,000-100,000 pop.)
Property; sale at auction; regulation.
16-237. A city of the first class by ordinance may
regulate, license, or prohibit the sale of domestic animals or of
goods, wares, and merchandise at public auction on the streets,
alleys, highways, or any public grounds within the city; and
regulate or license the auctioneering of goods, wares, domestic
animals, and merchandise. If the applicant is an individual, an
application for a license shall include the applicant's social
security number.
___________________________________________________________________________
Chapter 36. Fraud.
Auctioneer's memorandum, how construed.
36-203. Whenever goods shall be sold at public
auction, and the auctioneer shall, at the time of the sale, enter
in a sale book a memorandum specifying the nature and price of
the property sold, the terms of sale, the name of the purchaser,
and the name of the person on whose account the sale is made,
such memorandum shall be deemed a note of the contract of sale
within the meaning of section 2-201, Uniform Commercial Code.
___________________________________________________________________________
Chapter 37. Game and Parks.
Captive wildlife auction permit; issuance; fee; prohibited acts.
37-478. (1) To conduct an auction in this state of
captive wild birds, captive wild mammals, or captive wildlife as
specified in subsection (1) of section 37-477, a person shall
apply to the commission on a form prescribed by the commission
for a captive wildlife auction permit. An applicant for a permit
shall specify the dates of the auction and shall apply for a
permit for each auction to be held in the state. The application
for the permit shall include the applicant's social security
number. The fee for such permit shall be not less than fifty
dollars and not more than sixty-five dollars, as established by
the commission pursuant to section 37-327. The commission shall
adopt and promulgate rules and regulations specifying application
requirements and procedures, reporting and inspection
requirements, and other requirements related to auction
activities.
(2) A permitholder shall not (a) take wild birds, wild
mammals, or other wildlife from the wild in Nebraska or (b)
purchase wild birds, wild mammals, or other wildlife from any
person other than the commission or a person authorized to
propagate and dispose of wild birds, wild mammals, or other
wildlife. A permit under this section is not required for an
auction of domesticated cervine animals as defined in section
54-701.03.
___________________________________________________________________________
Chapter 54. Livestock.
Livestock Auction Market Board; creation; appointment of members;
term; compensation; meetings; general powers.
54-1160. There is hereby created in the Department of
Agriculture a Livestock Auction Market Board consisting of three
members. The board shall consist of the Director of Agriculture,
the State Veterinarian, and a livestock auction market operator
to be appointed by the Governor. The Director of Agriculture
shall be chairperson of the board. The term of office of the
appointed member shall be four years. The appointed member shall
receive as compensation for his or her services the sum of fifty
dollars per day or twenty-five dollars per half day and actual
expenses incurred while in the discharge of his or her duties.
The board shall meet for the ordinary transaction of official
business and at the call of the director. A majority affirmative
vote of the board shall be necessary to constitute an official
act.
The board shall have power and duty to:
(1) Administer the Livestock Auction Market Act in
respect to recommending the issuance, suspensions, and
revocations of market licenses;
(2) Prescribe and adopt the forms of application for
market licenses, the forms of notice of hearings on market
license applications, and such other forms as necessary to
perform and carry out its functions;
(3) Adopt and promulgate rules subject to the approval
of the director governing the conduct of hearings before it for
applications for market licenses, transfers, suspensions, and
revocations consistent with the Livestock Auction Market Act and
not contrary to the general laws of Nebraska governing hearings
before administrative boards; and
(4) Administer section 54-1166 relating to terminations
of market licenses and hearings regarding such terminations.
Livestock auction markets; license personal to holder; transfer;
termination.
54-1166. Except as otherwise provided in this section,
each market license shall be personal to the holder and the
facilities covered thereby and transferable without a hearing.
The market license covering any livestock auction market which
does not hold a sale for a period of one year shall terminate
automatically one year from the date of the last sale conducted
by the livestock auction market and the license holder whose
license is so terminated may request a hearing by filing a
written request for such hearing within twenty days after the
termination of the license.
Livestock Auction Market Board; complaint; notice of hearing;
process; hearings; findings; suspension or revocation of license.
54-1169. The board may, upon its own motion, whenever
it has reason to believe the provisions of the Livestock Auction
Market Act have been violated, or upon verified complaint of any
person in writing, investigate the actions of any market license
holder, and if it finds probable cause to do so, shall file a
complaint against the market license holder which shall be set
down for hearing before the board upon fifteen days' notice
served upon such market license holder either by personal service
upon him or her or by registered or certified mail or telegram
prior to such hearing.
The director shall have the power to administer oaths,
certify to all official acts, and subpoena and bring before the
board any person in this state as a witness, to compel the
producing of books and papers, and to take the testimony of any
person on deposition in the same manner as is prescribed by law
in the procedure before the courts of this state in civil cases.
Processes issued by the director shall extend to all parts of the
state and may be served by any person authorized to serve
processes. Each witness who shall appear by the order of the
director at any hearing before the board shall receive for such
attendance the same fees allowed by law to witnesses in civil
cases appearing in the district court and mileage at the same
rate provided in section 81-1176, which amount shall be paid by
the party at whose request such witness is subpoenaed. When any
witness has not been required to attend at the request of any
party, but has been subpoenaed by the director, his or her fees
and mileage shall be paid by the director in the same manner as
other expenses of the board are paid.
All powers of the director as provided in this section
shall likewise be applicable to hearings held on applications for
the issuance of a market license.
Formal finding by the board after due hearing that any
market license holder: (1) Has ceased to conduct a livestock
auction market business; (2) has been guilty of fraud or
misrepresentation as to the titles, charges, number, brands,
weights, proceeds of sale, or ownership of livestock; (3) has
violated any of the provisions of the Livestock Auction Market
Act; or (4) has violated any of the rules or regulations adopted
and published by the board, shall be sufficient cause for the
suspension or revocation of the market license of the offending
livestock auction market operator.
Livestock Auction Market Fund; creation; use; investment.
54-1172. Salaries and expenses of employees, costs of
hearings, and all other costs of the board in the administration
of the Livestock Auction Market Act shall be paid from the
Livestock Auction Market Fund which is hereby created. Any money
in the Livestock Auction Market Fund available for investment
shall be invested by the state investment officer pursuant to the
Nebraska Capital Expansion Act and the Nebraska State Funds
Investment Act.
Livestock Auction Market Fund; license and permit fees;
occupation tax; unexpended balance; disposition.
54-1173. The license and permit fees collected as
provided by the Livestock Auction Market Act are an occupation
tax and shall be remitted to the State Treasurer for credit to
the Livestock Auction Market Fund. All money so collected shall
be appropriated to the uses of the Department of Agriculture for
the purpose of administering such act and shall be paid out only
on vouchers approved by the director and upon the warrant or
warrants issued by the Director of Administrative Services. Any
unexpended balance in such fund at the close of any biennium
shall, when reappropriated, be available for the uses and
purposes of the fund for the succeeding biennium; otherwise it
shall lapse into the General Fund.
Livestock auction market or packing plant; brand inspection;
election to provide.
54-1183. The owner or operator of any livestock
auction market or packing plant located in any county outside the
brand inspection area created in section 54-1,109 may voluntarily
elect to provide brand inspection for all cattle brought to such
livestock auction market or packing plant from within the brand
inspection area upon compliance with sections 54-1183 to 54-1185.
Livestock auction market or packing plant; election; how made.
54-1184. The election provided for by section 54-1183
shall be made by (1) filing with the Secretary of State, in form
to be prescribed by the secretary, a written notice of such
election and agreement to be bound by section 54-1185 and (2)
posting conspicuously on the premises a notice of the fact that
brand inspection is provided at such livestock auction market or
packing plant.
Livestock auction market or packing plant; brand inspection; how
conducted; fees; guarantee.
54-1185. Inspection provided for in sections 54-1183
to 54-1185 shall be conducted in the manner established by the
Livestock Brand Act. The owner or operator making such election
may be required to guarantee to the Nebraska Brand Committee that
inspection fees derived from such livestock auction market or
packing plant will be sufficient, in each twelve-month period, to
pay the per diem and mileage of the inspectors required and that
he or she will reimburse the committee for any deficit incurred
in any such twelve-month period. Such guarantee shall be secured
by a corporate surety bond, to be approved by the Secretary of
State, in a penal sum to be established by the Nebraska Brand
Committee.
Sheep; auction markets; requirements.
54-1404. All sheep released from auction markets must
be accompanied by form P-10 Nebraska permit to move livestock
provided by the Department of Agriculture on which shall be
designated the number of animals, purpose and destination of the
shipment. An original and one copy of this form must be mailed
to the Bureau of Animal Industry.
Any auction market that handles sheep to be sold for
purposes other than direct to slaughter must maintain approved
dipping facilities.
If yarding facilities are maintained which are
sufficient to prevent commingling with other sheep and these
facilities are not used for any other purpose, sheep from
counties within an area designated as scabies free may be
released without dipping. Sheep dipped within ten days prior to
arrival at auction markets and where such dipping is supported by
approved certification, may be released without further dipping.
Sheep not in the above two categories must be dipped in a
permitted dip maintained at a required strength under the
supervision of a state or federal inspector in accordance with
the directions issued by the Department of Agriculture, Bureau of
Animal Industry within ten days of release.
___________________________________________________________________________
Chapter 57. Minerals, Oil, and Gas.
Oil and gas leases; sale at public auction; notice.
57-220. No such lease shall be sold except at public
auction and after notice of the time and place of such sale, by
publication two consecutive weeks in a legal newspaper published
in the county where the land to be leased is situated and such
other notice, if any, as the governing board may require. If no
legal newspaper is published in the county where the land is
situated said notice shall be published in a newspaper of general
circulation therein. The purchaser of any such lease shall pay
the cost of publishing the notice required hereunder.
___________________________________________________________________________
Chapter 60. Motor Vehicles.
Auction dealer; records; requirements; sale on consignment;
title; exception.
60-1417.01. (1)(a) Each auction dealer shall establish
and retain at the primary place of business a record of the
following information for each motor vehicle or trailer coming
into his or her possession as an auction dealer: (i) The name of
the most recent owner, other than the auction dealer; (ii) the
name of the buyer; (iii) the vehicle identification number; (iv)
the odometer reading on the date on which the auction dealer took
possession of the motor vehicle or trailer; and (v) a bill of
sale or other transaction document signed by the seller or the
seller's agent and the buyer or the buyer's agent.
(b) The dealer shall maintain the information in a
manner that permits systematic retrieval for five years following
the date of sale of each vehicle or trailer. The information may
be maintained in a tangible medium or stored in an electronic or
other medium that is retrievable in perceivable form.
(c) The auction dealer shall be responsible for
insuring that the information required in subdivisions (1)(a)(i),
(iii), and (iv) of this section is available to all prospective
buyers at the time a vehicle or trailer is offered for sale at
auction and shall give the bill of sale or other transaction
document required in subdivision (1)(a)(v) of this section to the
buyer purchasing the vehicle or trailer at auction.
(2) When any dealer, except an auction dealer selling
at auction, sells any unit on consignment, he or she shall take
title to such unit in his or her own name, except that any dealer
or other person, other than the owner of a used mobile home,
selling a used mobile home shall not be required to take title
but shall complete a buyer's information form approved by the
board. The seller of the used mobile home shall be responsible
for insuring that a copy of the form is delivered to the buyer
prior to closing the sale of the used mobile home. The form
shall include the (a) name and address of the record owner of the
mobile home, (b) model, (c) year, and (d) serial number.
Auction; registration of seller.
60-1417.02. (1) Any person who engages in or attempts
to engage in the selling of motor vehicles or trailers at an
auction licensed pursuant to Chapter 60, article 14, shall
register to do so. Registration shall be made on a form provided
by the auction dealer and approved by the board. A copy of the
registration shall serve as proof of registration for the
calendar year. The registration information shall be made
available and accessible to the board by the auction dealer
within seventy-two hours after the registrant has met the
registration requirements and such registration is issued. Such
registration information shall be maintained and made accessible
to the board by the auction dealer for two years. It shall be
the duty of the auction dealer to ensure that no seller
participates in any sales activities until and unless
registration has been received by the auction dealer or unless
such seller is otherwise licensed under Chapter 60, article 14.
(2) The information required on the registration form
shall include, but not be limited to, the following: (a) The
legal name of the registrant; (b) the registrant's current
mailing address and telephone number; (c) the business name and
address of the person with whom the registrant is associated; and
(d) whether or not the registrant is bonded.
(3) The registration form shall be signed by the
registrant and an authorized representative of the auction and
shall be notarized by a notary public.
(4) Any person who is convicted of any violation of
Chapter 60, article 14, pursuant to section 60-1411.02, may be
denied the right to be registered at all licensed auctions of
this state following a hearing before the board as prescribed in
section 60-1413.
___________________________________________________________________________
Chapter 69. Personal Property.
Security interest; personal property; sale by auctioneer; no
liability under conditions specified.
69-109.01. The auctioneer, who in good faith and
without notice of a security interest therein, sells personal
property at auction, which is in fact subject to a security
interest, for a principal whose identity has been disclosed, in
which property the auctioneer has no interest but acts only as an
intermediary of the owner is not liable to the holder of the
security interest for any damage sustained as a result of such
sale.
Sale at auction; containers; labels; statement required.
69-1002. When commercial chicks are offered for sale
or sold at public auction, each box, crate, coop, or other
container, shall be labeled with the sworn statement of the owner
offering such chicks for sale at public auction, designating the
number of live chicks in each such container, the breed and
variety, the date on which such chicks were hatched, and the name
and location of the commercial hatchery where hatched, whether
such chicks were sexed, or unsexed, and if sexed, such sworn
statement shall designate whether contents are cockerel chicks or
pullet chicks, and any other representation made at or prior to
the time of the sale relative to the breed and variety, and such
tests as shall have been made on the parent stock for pullorum
disease.
Sale at auction; false statements; liability.
69-1003. The owner of commercial chicks desiring to
sell them at public auction shall furnish to the person who
conducts the sale a duplicate of the sworn statement required by
section 69-1002, which shall be retained by the person conducting
the sale. When such copy of the sworn statement has been
furnished to him, the person conducting the sale shall be
relieved from any responsibility or liability concerning
incorrect or false statements made in regard to such commercial
chicks.
Sale at auction by carrier; when act inapplicable.
69-1004. The provisions of sections 69-1001 to 69-1005
shall not apply to baby chicks in the custody of a common carrier
upon which the freight has been prepaid, and which must be sold
at public auction because delivery thereof cannot be effected
beyond the control of such common carrier.
___________________________________________________________________________
Chapter 72. Public Lands, Buildings, and Funds.
School lands; sale; public auction required.
72-212. No lands now owned or hereafter acquired by
the state for educational purposes shall be sold except at public
auction.
b The Board of Educational Lands and Funds may
sell timber on educational lands whenever the board deems it for
the best interest of school funds. Said timber shall be sold at
public auction in accordance with rules and regulations adopted
by the board.
Lease; sale; public auction required; notice; publication costs;
payment.
72-907. No lease shall be sold except at public
auction, to be held at the office of the Board of Educational
Lands and Funds, after notice of the time and place of such sale
by publication two consecutive weeks in a newspaper of general
circulation in the State of Nebraska, and such other notice, if
any, as the board may require. Proof of such publication shall
be made by an affidavit of the publisher, manager, or foreman of
such newspaper, to be filed in the office of the board. Subject
to the board's right to reject all bids, such lease shall be sold
to the highest and best bidder. The purchaser of such lease
shall pay the cost of publishing the notice herein provided for.
Should the lease not be sold following the publishing of such
notice, the one who filed application for lease shall pay the
publication costs, and, to secure the payment thereof, the board
may require the applicant to furnish satisfactory security
therefor.
___________________________________________________________________________
Chapter 76. Real Property.
Sale of trust property; public auction; bids; postponement of
sale.
76-1009. On the date and at the time and place
designated in the notice of sale, the trustee shall sell the
property at public auction to the highest bidder. The attorney
for the trustee may conduct the sale. Any person, including the
beneficiary, may bid at the sale. Every bid shall be deemed an
irrevocable offer. If the purchaser refuses to pay the amount bid
by him or her for the property struck off to him or her at the
sale, the trustee may again sell the property at any time to the
highest bidder, except that notice of the sale shall be given
again in the same manner as the original notice of sale was
required to be given. The party refusing to pay shall be liable
for any loss occasioned thereby, and the trustee may also, in his
or her discretion, thereafter reject any other bid of such
person.
The person conducting the sale may, for any cause he or
she deems expedient, postpone the sale of all or any portion of
the property from time to time until it is completed and, in
every such case, notice of postponement shall be given by public
declaration thereof by such person at the time and place last
appointed for the sale. No other notice of the postponed sale
need be given unless the sale is postponed for longer than
forty-five days beyond the day designated in the notice of sale
in which event notice thereof shall be given in the same manner
as the original notice of sale is required to be given.
___________________________________________________________________________
Chapter 81. State Administrative Departments.
Auctioneers; nonresident; reciprocity.
81-887.01. Auctioneers of any state, which admits
auctioneers of this state to conduct public auction sales in such
state without license or other regulation, shall be permitted to
conduct public sales in this state upon the same terms.
Auctioneers of any state, which requires auctioneers of this
state to secure a license or imposes other regulations for
authority to conduct public sales within such state, shall be
subject to the same requirements as apply to auctioneers of this
state who seek to conduct public sales in such state.
Auctioneers; nonresident; license; application; county clerk;
fee; disposition.
81-887.02. Auctioneers of such foreign state, which
requires a license or imposes regulations upon auctioneers of
this state, who desire to conduct public sales in this state
shall, before conducting any such sale, apply to the county clerk
of any county in this state for a license to do so. The
application shall include the applicant's social security number.
Upon considering such application, the county clerk shall issue a
license upon the payment of the same fee and compliance with the
other requirements required of auctioneers of this state in such
foreign state. Such fee shall be deposited with the county
treasurer and credited to the general fund of the county.
Auctioneers; nonresident; additional requirements.
81-887.03. Nothing contained in sections 81-887.01 to
81-887.03 shall be construed to permit any person to conduct a
sale of real estate without first complying with the requirements
of sections 81-867 to 81-887.
___________________________________________________________________________
Uniform Commercial Code.
Sale by auction.
U2-328.
(1) In a sale by auction if goods are put up in lots
each lot is the subject of a separate sale.
(2) A sale by auction is complete when the auctioneer
so announces by the fall of the hammer or in other customary
manner. Where a bid is made while the hammer is falling in
acceptance of a prior bid the auctioneer may in his discretion
reopen the bidding or declare the goods sold under the bid on
which the hammer was falling.
(3) Such a sale is with reserve unless the goods are in
explicit terms put up without reserve. In an auction with
reserve the auctioneer may withdraw the goods at any time until
he announces completion of the sale. In an auction without
reserve, after the auctioneer calls for bids on an article or
lot, that article or lot cannot be withdrawn unless no bid is
made within a reasonable time. In either case a bidder may
retract his bid until the auctioneer's announcement of completion
of the sale, but a bidder's retraction does not revive any
previous bid.
(4) If the auctioneer knowingly receives a bid on the
seller's behalf or the seller makes or procures such a bid, and
notice has not been given that liberty for such bidding is
reserved, the buyer may at his option avoid the sale or take the
goods at the price of the last good faith bid prior to the
completion of the sale. This subsection shall not apply to any
bid at a forced sale.
Return to Nebraska Business Statutes
Return to Nebraska Business Toolkit