88-502.02 – Transferred to section 88-552.

88-502.02. Transferred to section 88-552.

88-525 – Act, how cited.

88-525. Act, how cited. Sections 88-525 to 88-552 shall be known and may be cited as the Grain Warehouse Act. Source Laws 1987, LB 164, § 1; Laws 1996, LB 1123, § 4; Laws 2003, LB 735, § 7; Laws 2005, LB 492, § 2.

88-526 – Terms, defined.

88-526. Terms, defined. 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 the licensed warehouse facilities; (3) Direct […]

88-527 – Warehouses; warehouseman; license required; inspection; commission; powers and duties; fees; agreements with bordering states.

88-527. Warehouses; warehouseman; license required; inspection; commission; powers and duties; fees; agreements with bordering states. (1) No person shall operate a warehouse nor act as a warehouseman without a license issued pursuant to the Grain Warehouse Act. Warehouses, except warehouses which are licensed under the United States Warehouse Act, shall be licensed and regulated by […]

88-528 – License; application; criminal background check; financial statement.

88-528. License; application; criminal background check; financial statement. 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 under the […]

88-528.01 – Criminal history record information check; fingerprinting; when.

88-528.01. Criminal history record information check; fingerprinting; when. For each application filed under section 88-528 after January 1, 2004, 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 […]

88-529 – License fees.

88-529. License fees. The commission shall charge an annual license fee for each warehouse to be operated, except as provided in section 88-531. The fee for any license issued for less than twelve months shall be prorated based on its duration. The annual license fee shall be as provided in this section. Capacity in Bushels […]

88-530 – Financial requirements; security; requirements; liability of surety.

88-530. Financial requirements; security; requirements; liability of surety. 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 bond, a certificate of deposit, […]

88-530.01 – Commission; additional financial documents required; when.

88-530.01. Commission; additional financial documents required; when. 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 forth in commission rules and regulations, require (1) […]

88-531 – License; multiple warehouses; license fee; how computed.

88-531. License; multiple warehouses; license fee; how computed. 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 […]

88-532 – License; issuance; expiration; renewal; posting requirements.

88-532. License; issuance; expiration; renewal; posting requirements. 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 months after the […]

88-533 – Increase in storage capacity; requirements; fees.

88-533. Increase in storage capacity; requirements; fees. 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 changes in the license in […]

88-534 – Payment for grain; when.

88-534. Payment for grain; when. 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. Source Laws 1987, LB 164, § 10.

88-535 – Scale ticket; issuance; prima facie evidence.

88-535. Scale ticket; issuance; prima facie evidence. 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 […]

88-536 – Receipts; issuance; requirements; commission; powers and duties; registration.

88-536. Receipts; issuance; requirements; commission; powers and duties; registration. (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, […]

88-537 – Duplicate receipt; issuance; requirements; liability.

88-537. Duplicate receipt; issuance; requirements; liability. 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 surety, to […]

88-538 – Duplicate receipt; issuance; effect.

88-538. Duplicate receipt; issuance; effect. 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 accurate copy of […]

88-539 – Supervisor of warehouses; appointment; powers and duties.

88-539. Supervisor of warehouses; appointment; powers and duties. 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 subject to the approval […]

88-540 – Delivery of grain; damages; surrender receipt.

88-540. Delivery of grain; damages; surrender receipt. 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 […]

88-541 – Storage rates.

88-541. Storage rates. Not less than once each year, the commission shall by order fix reasonable storage rates, and no warehouse licensee shall charge a lesser or greater rate, except upon application to and a hearing before the commission. If, after a hearing, the commission finds that a lesser or greater rate should be ordered, […]