Chapter 88 — WAREHOUSES
200 sections in this chapter.
Neb. Rev. Stat. § 88-525 Act, how cited.
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Sections 88-525 to 88-552 shall be known and may be cited as the Grain Warehouse Act.
Neb. Rev. Stat. § 88-526 Terms, defined.
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As used in the Grain Warehouse Act, unless the context otherwise requires: (1) Commission means the Public Service Commission; (2) Direct delivery grain means all grain that is bought, sold, or transported in the name of a warehouse licensee, other than grain that is received at …
Neb. Rev. Stat. § 88-527 Warehouse operator; warehouses; license required; inspection; commission; powers and duties; fees; agreements with bordering states.
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(1) No person shall act as a warehouse operator without a license issued pursuant to the Grain Warehouse Act, including warehouses that are licensed under the federal United States Warehouse Act. (2)(a) The commission shall issue a license under the Grain Warehouse Act to each wa…
Neb. Rev. Stat. § 88-528 License; application; criminal background check; financial statement.
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Each applicant for a license and each warehouse licensee shall annually file an application with the commission and shall submit to a criminal background check as set forth in section 88-528.01. The application shall be in the form prescribed by the commission to do business unde…
Neb. Rev. Stat. § 88-528.01 Criminal history record information check; fingerprinting; when.
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For each application filed under section 88-528, one of the following primary parties shall be subject to fingerprinting and a check of his or her criminal history record information maintained by the Federal Bureau of Investigation through the Nebraska State Patrol: (1) If the a…
Neb. Rev. Stat. § 88-529 License fees.
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(1)(a) The commission shall charge an annual license fee for each warehouse that is not licensed under the federal United States Warehouse Act, except as provided in section 88-531. Such fee is due on or before the date established by the commission for each license. The fee for …
Neb. Rev. Stat. § 88-530 Financial requirements; security; requirements; liability of surety.
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Each applicant shall show sufficient net worth or stockholders' equity to conform with the financial requirements which the commission shall establish by the adoption and promulgation of rules and regulations. Applicants shall file with the commission security in the form of a bo…
Neb. Rev. Stat. § 88-530.01 Commission; additional financial documents required; when.
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In addition to the reviewed fiscal year-end financial statement required by section 88-528 and to detect noncompliance with financial requirements established by the commission pursuant to section 88-530, the commission shall, for good cause shown as determined by criteria set fo…
Neb. Rev. Stat. § 88-531 License; multiple warehouses; license fee; how computed.
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Only one license may be required for the operation of all warehouses operated by one warehouse licensee if: (1) Only one set of books is kept for the warehouses; (2) Cost slips, scale tickets, warehouse receipts, and checks are issued in one series for grain received or stored in…
Neb. Rev. Stat. § 88-532 License; issuance; expiration; renewal; posting requirements.
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Upon payment of the license fee and approval by the commission of the application and the bond, certificate of deposit, irrevocable letter of credit, or other security described in section 88-530, the license shall be issued. A new or renewed license shall expire twelve calendar …
Neb. Rev. Stat. § 88-533 Increase in storage capacity; requirements; fees.
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No warehouse licensee shall increase storage capacity without first obtaining the approval of the commission and effecting such revisions in its security as may be required by the commission. Additional fees may be imposed for increases in storage capacity or for any other change…
Neb. Rev. Stat. § 88-534 Payment for grain; when.
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Payment to the seller for grain purchased by a warehouse licensee shall be made upon demand by the seller except as otherwise provided by written or oral contract between the parties.
Neb. Rev. Stat. § 88-535 Scale ticket; issuance; prima facie evidence.
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Each warehouse licensee shall, at the time of the delivery of grain to or the shipment of grain from a warehouse, issue a lawful scale ticket to the owner or consignee of such grain, except when the delivery or shipment is by rail or water. The scale tickets shall contain all inf…
Neb. Rev. Stat. § 88-536 Receipts; issuance; requirements; commission; powers and duties; registration.
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(1) Within fifteen days after demand by the owner or deliverer of any grain to a warehouse for storage, the warehouse licensee shall issue a lawful negotiable or nonnegotiable receipt to such owner or deliverer of such grain. The receipt shall state the date of delivery, the name…
Neb. Rev. Stat. § 88-537 Duplicate receipt; issuance; requirements; liability.
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When a negotiable warehouse receipt has been lost or destroyed, the commission may approve the delivery of the grain or the issuance of a duplicate receipt upon satisfactory proof of such loss or destruction if the party who requests it furnishes a bond with corporate or personal…
Neb. Rev. Stat. § 88-538 Duplicate receipt; issuance; effect.
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A duplicate receipt shall not be issued by any warehouse licensee without prior approval by the commission. A receipt so issued, upon the face of which the word duplicate is plainly placed, shall be a representation and warranty by the warehouse licensee that such receipt is an a…
Neb. Rev. Stat. § 88-539 Supervisor of warehouses; appointment; powers and duties.
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For the proper enforcement of the Grain Warehouse Act, the commission shall designate and appoint a person experienced in the handling of grain as supervisor of warehouses. The supervisor may perform all duties required of the commission pursuant to the Grain Warehouse Act subjec…
Neb. Rev. Stat. § 88-540 Delivery of grain; damages; surrender receipt.
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Upon demand, presentation of receipts, and payment of lawful charges, the grain represented by such receipts or any part of such grain shall be immediately delivered to the owner or his or her order, and the part delivered shall not be subject to any further charge for storage af…
Neb. Rev. Stat. § 88-541 Schedule of storage rates and charges; requirements.
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(1) Each warehouse licensee shall file with the commission a schedule of the licensee's storage rates and charges existing as of the date of filing, and each applicant for a warehouse license shall file with the commission a schedule of the applicant's storage rates and charges e…
Neb. Rev. Stat. § 88-542 Inspections authorized.
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The property, books, records, accounts, papers, and proceedings of every warehouse shall, at all times during business hours, be subject to inspection by the commission.
Neb. Rev. Stat. § 88-543 Prohibited acts; penalty.
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(1) No warehouse licensee or partner, limited liability company member, officer, or agent thereof shall: (a) Issue a receipt for grain not actually received. If at any time there is less grain in a warehouse than outstanding receipts issued for grain, there shall be a presumption…
Neb. Rev. Stat. § 88-543.01 Civil penalty.
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The commission may assess a civil penalty, pursuant to section 75-156, against any person who violates the Grain Warehouse Act.
Neb. Rev. Stat. § 88-544 Storage; termination.
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At the election of the warehouse licensee and under rules and regulations adopted and promulgated by the commission, storage in a warehouse operated by such licensee may be terminated on application to the commission and upon good cause shown according to the rules and regulation…
Neb. Rev. Stat. § 88-545 Commission; enforce act; rules and regulations; violation; penalty; damages; prosecution.
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The commission shall enforce the Grain Warehouse Act and shall adopt and promulgate rules and regulations to aid in the administration of the act. Any person or partner, limited liability company member, officer, or agent of any person who violates the Grain Warehouse Act shall b…
Neb. Rev. Stat. § 88-545.01 Commission; contracts for audit or examination work authorized; Grain Warehouse Auditing Fund; created; use; investment.
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(1) The commission may enter into contracts with public or private entities which provide a benefit for both parties for purposes of performing audit or examination work. The commission shall conduct the work as time permits and shall not allow the work to conflict with the commi…
Neb. Rev. Stat. § 88-546 License; suspension or revocation; procedure.
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The commission may, upon complaint filed by it or any person and after a hearing, suspend or revoke the license of any warehouse licensee for failure to comply with the requirements of the Grain Warehouse Act or any rule or regulation adopted and promulgated pursuant to such act.…
Neb. Rev. Stat. § 88-547 Warehouse; closure; when; commission; powers.
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If the commission determines that a shortage of grain exists or that the quality of grain in storage is insufficient to meet the obligations at a warehouse, if a license expires and is not renewed, if a license is surrendered to or canceled or revoked by the commission for violat…
Neb. Rev. Stat. § 88-547.01 Deposit of grain; how treated; priority of liens; effect.
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(1) For purposes of the Grain Warehouse Act, whenever any grain is physically deposited into any public warehouse and a scale ticket or warehouse receipt is issued therefor, such deposit shall be grain in storage. Such deposit does not constitute a sale of the grain, except grain…
Neb. Rev. Stat. § 88-547.02 Judicial proceeding; notice required.
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Prior to or within ten days after any creditor of the warehouse licensee commences a judicial proceeding to reduce to judgment, foreclose, or otherwise enforce any claim on a creditor's lien or security interest attached to grain contained in the warehouse, the creditor shall ser…
Neb. Rev. Stat. § 88-548 Federal licensee; duties; commission; grain probe; duties; violation; penalty.
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(1) Any grain dealer, person, firm, corporation, or association in this state licensed under the federal United States Warehouse Act shall (a) annually notify the commission in writing of such license and shall notify the commission at once in writing if the license is terminated…
Neb. Rev. Stat. § 88-549 Warehouse; notice to person storing grain; restriction on storage rates and charges; violation; penalty.
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(1) At least once each calendar year and not later than one year from the date of receipt of the previous written notice, each warehouse licensee shall send written notice to each person who stores grain in such warehouse at such person's last-known address specifying the type an…
Neb. Rev. Stat. § 88-550 Grain dust inspections; Department of Water, Energy, and Environment; commission; duties.
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The Department of Water, Energy, and Environment and the commission shall, during the course of their regular inspections required by law, inspect warehouses for conditions which are or may be conducive to grain dust explosions. Such conditions shall include, but not be limited t…
Neb. Rev. Stat. § 88-551 Fees; where credited.
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Except as provided in sections 88-527, 88-529, 88-545.01, and 88-552, all fees collected pursuant to the Grain Warehouse Act shall be paid to the State Treasurer and credited to the Grain Dealer and Grain Warehouse Cash Fund.
Neb. Rev. Stat. § 88-552 Nebraska Grain Warehouse Surveillance Cash Fund; created; use; investment.
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There is hereby created in the state treasury a fund to be known as the Nebraska Grain Warehouse Surveillance Cash Fund. Such fund shall be used solely for disbursing funds and receiving reimbursement for services performed by the commission in the suspension or termination of a …
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]
Repealed. Laws 1989, LB 36, § 1.
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[Repealed or reserved.]