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NebraskaLB894109th Legislature 1st and 2nd Sessionslegislature

Change provisions relating to the Grain Dealer Act and the Grain Warehouse Act

Sponsored By: Barry DeKay

Signed by Governor

Agriculture Committee

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 0 costs, 5 mixed.

Audited reports and standard receipts for dealers

Grain dealers must file a reviewed or audited year‑end financial statement by an independent CPA. Individuals use OCBOA; partnerships, corporations, and LLCs use GAAP. Statements must include income, balance sheet, cash flow, owner equity, and Nebraska grain purchase volumes and values. If you do not report purchase volume and value, you must file the maximum security. A wholly owned subsidiary without its own statement must provide the parent’s statement plus an unconditional parent guarantee. Dealers must use Commission‑prescribed forms for receipts and contracts when they take grain. The old statutory receipt‑content section is repealed, and Commission forms now set the content.

More dealers must license and bond

Warehouse licensees now count as grain dealers, so they must be licensed. The feeder exclusion for livestock and poultry stays. Dealers pay $100 each year until July 1, 2027; after that, the Commission sets the annual fee, up to $1,500 per license, with the schedule due by December 1, 2026. Dealers must post security as a bond, letter of credit, or CD set by the Commission between $35,000 and $1,000,000. Security is based on direct‑delivery purchases; same‑day in‑store transfers can be excluded. After a written demand with proof of delivery, payment is due within 10 business days; if unpaid 30 days after that due date, interest is owed. Claims on the security are limited to grain delivered and due when the Commission starts an administrative action.

New state fees and rules for warehouses

The Commission sets annual license fees for warehouses that are not federally licensed, starting July 1, 2027. The fee schedule is due by December 1, 2026, and each fee cannot exceed the 2025/2026 USDA AMS rate for the commodity. Federally licensed warehouses get a state license but do not pay the state annual fee. They may meet state filing duties by sending USDA filings, and the Commission cannot take action against them without USDA consent (except for the listed enforcement section). Warehouses without a federal license are inspected at least once every 12 months.

Only approved grain probes allowed

Warehouse licensees and grain dealers may not use end‑intake air probes unless the Commission approves them. The Commission sets rules for which probes are allowed. Using an unapproved probe is a Class I misdemeanor.

Dedicated fund for grain regulation

The state creates the Grain Dealer and Grain Warehouse Cash Fund, run by the Public Service Commission. Fees under the two Acts go into this fund, and the state may invest it and keep earnings. Money in the fund cannot be moved to the General Fund. The Legislature states license‑fee revenue should be no more than 25% of Commission costs to run the Acts. Warehouse fees paid before July 1, 2027 go to the General Fund; on or after July 1, 2027 they go to this dedicated fund.

Sponsors & Cosponsors

Sponsor

  • Barry DeKay

    Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 243 • No: 11

legislature vote • 4/9/2026

Final Reading

Yes: 44 • No: 3

legislature vote • 3/5/2026

Vote

Yes: 28 • No: 0 • Other: 21

legislature vote • 2/24/2026

Vote

Yes: 27 • No: 6 • Other: 16

legislature vote • 2/24/2026

Vote

Yes: 27 • No: 1 • Other: 21

legislature vote • 2/24/2026

Vote

Yes: 31 • No: 0 • Other: 18

legislature vote • Unknown

Vote

Yes: 27 • No: 1 • Other: 21

legislature vote • Unknown

Vote

Yes: 31 • No: 0 • Other: 18

legislature vote • Unknown

Vote

Yes: 28 • No: 0 • Other: 21

Actions Timeline

  1. Provisions/portions of LB895 amended into LB894 by AM2004

    4/17/2026legislature

  2. Approved by Governor on April 14, 2026

    4/14/2026legislature

  3. Presented to Governor on April 9, 2026

    4/9/2026legislature

  4. President/Speaker signed

    4/9/2026legislature

  5. Passed on Final Reading 44-3*-2

    4/9/2026legislature

  6. Dispensing of reading at large approved

    4/9/2026legislature

  7. Enrollment and Review ST60 recorded

    3/10/2026legislature

  8. Enrollment and Review ST60 filed

    3/10/2026legislature

  9. Placed on Final Reading with ST60

    3/10/2026legislature

  10. Advanced to Enrollment and Review for Engrossment

    3/5/2026legislature

  11. Cavanaugh, M. AM2467 adopted

    3/5/2026legislature

  12. Cavanaugh, M. AM2467 filed

    3/5/2026legislature

  13. Kauth FA534 withdrawn

    3/5/2026legislature

  14. Enrollment and Review ER129 adopted

    3/5/2026legislature

  15. Enrollment and Review ER129 filed

    3/3/2026legislature

  16. Placed on Select File with ER129

    3/3/2026legislature

  17. Advanced to Enrollment and Review Initial

    2/24/2026legislature

  18. Agriculture AM2004 adopted

    2/24/2026legislature

  19. DeKay AM2138 adopted

    2/24/2026legislature

  20. Agriculture priority bill

    2/19/2026legislature

  21. DeKay AM2138 to AM2004 filed

    2/18/2026legislature

  22. Agriculture AM2004 filed

    2/18/2026legislature

  23. Placed on General File with AM2004

    2/18/2026legislature

  24. Notice of hearing for February 03, 2026

    1/21/2026legislature

  25. Referred to Agriculture Committee

    1/12/2026legislature

Bill Text

  • Introduced

    1/8/2026

    PDF

  • Enrolled / Slip Law

    PDF

  • Final / Enacted

    PDF

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