reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-703 - Terms, defined.

87-703.
Terms, defined.
For purposes of the Equipment Business Regulation Act:
(1) Continuing commercial relationship shall mean a relationship in which a dealer has been granted the right to sell and service equipment manufactured by a supplier;
(2) Controlling interest shall mean a combination of ownership or management interests which legally or in practical effect has the power to determine the policies under which a dealership is operated;
(3) Dealer or dealership shall mean an individual, partnership, limited liability company, corporation, association, or other form of business enterprise primarily engaged in the retail sale and service of equipment in this state pursuant to any oral or written agreement for a definite or indefinite period of time in which there is a continuing commercial relationship in the marketing of equipment and related services;
(4) Dealer agreement shall mean a contract or agreement, whether oral or written, between a supplier and dealer by which the dealer is granted the right to sell, distribute, and service the supplier's equipment and by which there is a continuing commercial relationship between the supplier and the dealer;
(5) Equipment shall mean any machine designed for or adapted and used for agricultural, horticultural, livestock, grazing, forestry, or industrial purposes; and
(6) Supplier shall mean the manufacturer, wholesaler, or distributor of the equipment to be sold by a dealer.
Source
Laws 1991, LB 123, § 3;
Laws 1993, LB 121, § 562.
Annotations
Pursuant to subsection (5) of this section, the Legislature did not intend for the Equipment Business Regulation Act to apply to business agreements between retail dealers of lawn and garden equipment and their suppliers. Fontenelle Equip. v. Pattlen Enters., 262 Neb. 129, 629 N.W.2d 534 (2001).
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-704 - Prohibited acts.

87-704.
Prohibited acts.
It shall be a violation of the Equipment Business Regulation Act for a supplier:
(1) To require a dealer to accept delivery of equipment, repair parts, or attachments that the dealer has not voluntarily ordered;
(2) To require a dealer to order or accept delivery of equipment with special features or attachments not included in the base list price of such equipment as publicly advertised by the supplier;
(3) To require a dealer to enter into any agreement, whether written or oral, amendatory or supplementary to an existing dealer agreement with the supplier unless such amendatory or supplementary agreement is imposed on similarly situated dealers;
(4) To take action terminating, canceling, failing to renew, or substantially changing the competitive circumstances intended by the dealer agreement due to the results of conditions beyond the dealer's control, including drought, flood, labor disputes, or economic recession. This subdivision shall not apply if the dealer is in default of a security agreement in effect with the supplier; and
(5) To condition the renewal or extension of a dealer agreement on (a) the dealer's substantial renovation of its place of business or the construction, purchase, acquisition, or rental of a new place of business by the dealer unless the supplier advises the dealer in writing of its demand for such renovation, construction, purchase, acquisition, or rental within a reasonable time prior to the effective date of the proposed renewal or extension, but in no case less than one year prior to such date, or (b) capital construction exceeding the terms of the dealer agreement in force and effect on May 2, 1991.
Source
Laws 1991, LB 123, § 4.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-708 - Death or incapacity of dealer; heirs or personal representative; rights and remedies.

87-708.
Death or incapacity of dealer; heirs or personal representative; rights and remedies.
(1) In the event of the death or incapacity of a dealer or the majority stockholder of a corporation operating as a dealer, the supplier shall, at the option of the heirs at law if the dealer or majority stockholder died intestate or the personal representative under the terms of the deceased dealer's or majority stockholder's last will and testament if the dealer or majority stockholder died testate, repurchase the inventory and specialized repair tools from the estate as provided in section 87-707 as if the supplier had terminated the dealer agreement. The heirs or personal representative shall have twelve months from the date of the death of the dealer or majority stockholder to exercise the option. Nothing in this section shall require the repurchase if the heirs or personal representative and the supplier enter into a new dealer agreement. Nothing in this section shall prevent the application of any provisions of the dealer agreement pertaining to death of the dealer or succession to the extent such provisions are not inconsistent with this section. Nothing in this section shall entitle an heir, devisee, or personal representative of a deceased dealer or majority stockholder to continue to operate the dealership without the consent of the supplier.
(2) This section shall be supplemental to any provisions of the dealer agreement covering the return of inventory or specialized repair tools which provide the dealer with greater protection. The heirs or personal representative may pursue either the contract remedy or the remedy provided in this section, and an election to pursue the contract remedy shall not bar pursuit of the remedy provided in this section as to inventory or tools not affected by the contract remedy. Nothing in this section shall preclude a price for the inventory or tools which is greater than the total provided for in section 87-707.
Source
Laws 1991, LB 123, § 8.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-709 - Dealer agreement; void and unenforceable; when; violations; remedies.

87-709.
Dealer agreement; void and unenforceable; when; violations; remedies.
(1) A term of a dealer agreement which is inconsistent with the terms of the Equipment Business Regulation Act shall be void and unenforceable and shall not waive any rights which are provided to a person by the act.
(2) A dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier's violation of the act together with the actual costs of the action, including reasonable attorney's fees. The dealer may also be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or change in competitive circumstances. The remedies authorized by this section shall not be exclusive and shall be in addition to any other remedies provided by law.
Source
Laws 1991, LB 123, § 9.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-710 - Obligations; applicability to successors.

87-710.
Obligations; applicability to successors.
The obligations of any supplier pursuant to the Equipment Business Regulation Act shall apply to any successor in interest of a supplier, including any purchaser of assets or stock, any surviving corporation resulting from merger, liquidation, or reorganization, any assignee, any receiver, or any trustee of the original supplier.
Source
Laws 1991, LB 123, § 10.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-711 - Act; applicability.

87-711.
Act; applicability.
The Equipment Business Regulation Act shall apply to all dealer agreements in effect on May 2, 1991, which have no expiration date and are continuing agreements and to all dealer agreements entered into or renewed on or after May 2, 1991. Any dealer agreement in effect on May 2, 1991, which will terminate on a subsequent date shall be governed by the law as it existed prior to May 2, 1991.
Source
Laws 1991, LB 123, § 11.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-801 - Act, how cited.

87-801.
Act, how cited.
Sections 87-801 to 87-808 shall be known and may be cited as the Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006.
Source
Laws 2006, LB 876, § 1;
Laws 2018, LB757, § 6.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-803 - Breach of security; investigation; notice to resident; notice to Attorney General.

87-803.
Breach of security; investigation; notice to resident; notice to Attorney General.
(1) An individual or a commercial entity that conducts business in Nebraska and that owns or licenses computerized data that includes personal information about a resident of Nebraska shall, when it becomes aware of a breach of the security of the system, conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal information has been or will be used for an unauthorized purpose. If the investigation determines that the use of information about a Nebraska resident for an unauthorized purpose has occurred or is reasonably likely to occur, the individual or commercial entity shall give notice to the affected Nebraska resident. Notice shall be made as soon as possible and without unreasonable delay, consistent with the legitimate needs of law enforcement and consistent with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the computerized data system.
(2) If notice of a breach of security of the system is required by subsection (1) of this section, the individual or commercial entity shall also, not later than the time when notice is provided to the Nebraska resident, provide notice of the breach of security of the system to the Attorney General.
(3) An individual or a commercial entity that maintains computerized data that includes personal information that the individual or commercial entity does not own or license shall give notice to and cooperate with the owner or licensee of the information of any breach of the security of the system when it becomes aware of a breach if use of personal information about a Nebraska resident for an unauthorized purpose occurred or is reasonably likely to occur. Cooperation includes, but is not limited to, sharing with the owner or licensee information relevant to the breach, not including information proprietary to the individual or commercial entity.
(4) Notice required by this section may be delayed if a law enforcement agency determines that the notice will impede a criminal investigation. Notice shall be made in good faith, without unreasonable delay, and as soon as possible after the law enforcement agency determines that notification will no longer impede the investigation.
Source
Laws 2006, LB 876, § 3;
Laws 2016, LB835, § 28.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-804 - Compliance with notice requirements; manner.

87-804.
Compliance with notice requirements; manner.
(1) An individual or a commercial entity that maintains its own notice procedures which are part of an information security policy for the treatment of personal information and which are otherwise consistent with the timing requirements of section 87-803, is deemed to be in compliance with the notice requirements of section 87-803 if the individual or the commercial entity notifies affected Nebraska residents and the Attorney General in accordance with its notice procedures in the event of a breach of the security of the system.
(2) An individual or a commercial entity that is regulated by state or federal law and that maintains procedures for a breach of the security of the system pursuant to the laws, rules, regulations, guidances, or guidelines established by its primary or functional state or federal regulator is deemed to be in compliance with section 87-803 if the individual or commercial entity notifies affected Nebraska residents and the Attorney General in accordance with the maintained procedures in the event of a breach of the security of the system.
Source
Laws 2006, LB 876, § 4;
Laws 2016, LB835, § 29.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-805 - Waiver; void and unenforceable.

87-805.
Waiver; void and unenforceable.
Any waiver of the provisions of the Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006 is contrary to public policy and is void and unenforceable.
Source
Laws 2006, LB 876, § 5.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-806 - Attorney General; powers; violation; how treated.

87-806.
Attorney General; powers; violation; how treated.
(1) For purposes of the Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006, the Attorney General may issue subpoenas and seek and recover direct economic damages for each affected Nebraska resident injured by a violation of section 87-803.
(2) A violation of section 87-808 shall be considered a violation of section 59-1602 and be subject to the Consumer Protection Act and any other law which provides for the implementation and enforcement of section 59-1602. A violation of section 87-808 does not give rise to a private cause of action.
Source
Laws 2006, LB 876, § 6;
Laws 2018, LB757, § 8.
Cross References
Consumer Protection Act, see section 59-1623.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-807 - Act; applicability.

87-807.
Act; applicability.
The Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006 applies to the discovery of or notification pertaining to a breach of the security of the system that occurs on or after July 14, 2006.
Source
Laws 2006, LB 876, § 7.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-808 - Security procedures and practices; disclosure of computerized data; contract provisions; compliance.

87-808.
Security procedures and practices; disclosure of computerized data; contract provisions; compliance.
(1) To protect personal information from unauthorized access, acquisition, destruction, use, modification, or disclosure, an individual or a commercial entity that conducts business in Nebraska and owns, licenses, or maintains computerized data that includes personal information about a resident of Nebraska shall implement and maintain reasonable security procedures and practices that are appropriate to the nature and sensitivity of the personal information owned, licensed, or maintained and the nature and size of, and the resources available to, the business and its operations, including safeguards that protect the personal information when the individual or commercial entity disposes of the personal information.
(2)(a) An individual or commercial entity that discloses computerized data that includes personal information about a Nebraska resident to a nonaffiliated, third-party service provider shall require by contract that the service provider implement and maintain reasonable security procedures and practices that:
(i) Are appropriate to the nature of the personal information disclosed to the service provider; and
(ii) Are reasonably designed to help protect the personal information from unauthorized access, acquisition, destruction, use, modification, or disclosure.
(b) This subsection does not apply to any contract entered into before July 19, 2018. Any such contract renewed on or after July 19, 2018, shall comply with the requirements of this subsection.
(3) An individual or a commercial entity complies with subsections (1) and (2) of this section if the individual or commercial entity:
(a) Complies with a state or federal law that provides greater protection to personal information than the protections that this section provides; or
(b) Complies with the regulations promulgated under Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. 6801 et seq., or the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d to 1320d-9, as such acts and sections existed on January 1, 2018, if the individual or commercial entity is subject to either or both of such acts or sections.
Source
Laws 2018, LB757, § 7.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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 delivery obligation means the obligation of a warehouse licensee or grain dealer to transfer title to warehouse-owned grain to a producer by an in-store transfer upon the delivery of direct delivery grain. A direct delivery obligation is treated as a grain dealer obligation until such time as it is satisfied by an in-store transfer;
(4) Grain means wheat, corn, oats, soybeans, barley, rye, flax, or sorghum which has not been processed or packaged for the purpose of distribution as seed, including, but not limited to, edible beans, whole corn plant pellets, alfalfa pellets, millet, sunflower seed, safflower seed, and any other bulk pelleted agricultural storable commodity;
(5) Grain dealer has the same meaning as in section 75-902;
(6) Grain in storage means any grain which has been received at any warehouse and to which title has not been transferred to the warehouseman by signed contract or priced scale ticket;
(7) In-store transfer means a method by which a warehouse licensee transfers title to warehouse-owned grain to any person in satisfaction of a direct delivery obligation between the warehouse licensee or grain dealer and the producer, and the grain remains in the warehouse;
(8) Post-direct delivery storage position means a storage position acquired through an in-store transfer in satisfaction of a direct delivery obligation;
(9) Warehouse means any grain elevator, mill, grist mill, building, or receptacle in which grain is held in storage for more than ten consecutive days;
(10) Warehouse licensee means any warehouseman who is licensed pursuant to the Grain Warehouse Act; and
(11) Warehouseman means any person, partnership, limited liability company, corporation, or association who (a) receives grain for storage or stores or offers to store grain for legal consideration for another person, partnership, limited liability company, corporation, or association in a warehouse where delivered or (b) receives grain for shipment to other points for storage, consignment, or resale either in or out of this state.
Source
Laws 1987, LB 164, § 2;
Laws 1993, LB 121, § 563;
Laws 2003, LB 735, § 8;
Laws 2005, LB 439, § 4.
Annotations
Notice of an in-store transfer is considered prima facie evidence that an in-store transfer occurred, but it is not the only evidence that can establish the occurrence of an in-store transfer. In re Claims Against Pierce Elevator, 291 Neb. 798, 868 N.W.2d 781 (2015).
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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 the commission. If the applicant is an individual, the application shall include the applicant's social security number. Such warehouses shall be inspected by the commission at least once every twelve months.
(2) If the commission determines that additional examinations are necessary after a regular examination is completed at a warehouse, the commission may charge such warehouse for the cost of the additional examinations according to the commission's fee schedule. Warehouses shall only be charged if such examinations are for reasons of irregularities from the previous examination or if financial conditions warrant additional examinations.
(3) The commission may make available to the United States Government or any of its agencies, including the Commodity Credit Corporation, the results of inspections made and inspection reports submitted by employees of the commission upon payment of such fees as may be determined by the commission. The fees shall cover the actual cost of the services rendered in regard to providing the information.
(4) The commission may charge for inspections conducted at the request of a warehouse licensee.
(5) The commission may assess a surveillance fee against the assets of a warehouse licensee for actual expenses incurred by the commission in suspending a license or terminating the operations of a warehouse licensee. The commission may enter into contracts for such purpose and shall keep a record of all surveillance fees collected. All surveillance fees collected by the commission shall be remitted to the State Treasurer for credit to the Nebraska Grain Warehouse Surveillance Cash Fund.
(6) The commission may enter into agreements and contracts with regulators in states which border Nebraska for the purpose of licensing or examining any public grain warehouseman which operates facilities in such states. The commission shall assume all jurisdiction over any warehouseman headquartered in Nebraska regarding his or her warehouse activity. A warehouseman headquartered and licensed in another state which acquires facilities in Nebraska is under the jurisdiction of the headquarter state under the terms of such agreement or contract.
Source
Laws 1987, LB 164, § 3;
Laws 1988, LB 872, § 1;
Laws 1996, LB 1123, § 5;
Laws 1997, LB 752, § 232;
Laws 1999, LB 172, § 1;
Laws 2003, LB 735, § 9;
Laws 2005, LB 492, § 5.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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 Grain Warehouse Act and shall include an audited or reviewed fiscal year-end financial statement prepared in accordance with accounting principles generally accepted by a person or firm which holds a permit granted by the Nebraska State Board of Public Accountancy. If the applicant files a reviewed fiscal year-end financial statement, the applicant shall also provide additional security pursuant to section 88-530 in such amount as the commission requires. If licensing as an individual, the financial statement shall be prepared in accordance with Other Comprehensive Basis of Accountancy, as filed with the board, for a personal financial statement, using historical cost and accrual basis of accounting. The financial statement shall include: (1) A balance sheet; (2) a statement of income showing profit or loss; (3) a statement of retained earnings; (4) a statement of changes in the financial position; and (5) the accountant's certifications, assurances, opinions, comments, and notes with regard to such financial statement. An applicant may also submit a valuation of assets by competent appraisal acceptable to the commission for inclusion in computing net worth for the purpose of meeting any net worth requirements imposed by the act or rules and regulations of the commission. If a valuation of assets is submitted, no more than seventy percent of appraised value shall be used in determining compliance with net worth requirements. Such application shall set forth the location of the warehouse to be used by the applicant, its relation to railroad trackage, its capacity, its general plan and equipment, and its ownership.
If an applicant for a license is a wholly owned subsidiary of a parent company and such a financial statement is not prepared for the subsidiary, the parent company shall submit its audited or reviewed fiscal year-end financial statement and shall execute an unconditional guarantee agreement as prescribed by the commission. A parent company may also submit a valuation of assets on behalf of an applicant that is a wholly owned subsidiary of the parent company.
Source
Laws 1987, LB 164, § 4;
Laws 2003, LB 735, § 10;
Laws 2005, LB 52, § 4;
Laws 2005, LB 439, § 5.
Cross References
Public accountant permit, see section 1-136.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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 the applicant is not an individual, the chief executive officer, president, or general manager; or (2) if the applicant is an individual, the individual. If the primary party has been subject to a check of his or her criminal history record information pursuant to this section on a prior application, he or she is not subject to another such check upon a subsequent application. If a primary party has been subject to a check of his or her criminal history record information pursuant to another law, the commission may waive such requirement under this section. A primary party shall furnish to the Nebraska State Patrol a full set of fingerprints to enable a criminal background investigation to be conducted. The primary party shall request that the Nebraska State Patrol submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The primary party shall pay the actual cost, if any, of the fingerprinting and check of his or her criminal history record information. The primary party shall authorize release of the national criminal history record check to the commission. The criminal history record information check shall be completed within ninety days after the date the application for a license is received in the commission's office, and if not, the application shall be returned to the applicant. The commission shall deny a warehouse license to any applicant whose primary party has been convicted of a felony financial crime.
Source
Laws 2003, LB 735, § 11;
Laws 2005, LB 52, § 5.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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
Fee
0
—
10,000
$ 45
10,001
—
25,000
57
25,001
—
50,000
68
50,001
—
75,000
78
75,001
—
100,000
90
100,001
—
150,000
102
150,001
—
200,000
113
200,001
—
250,000
125
250,001
—
300,000
135
300,001
—
350,000
147
350,001
—
400,000
156
400,001
—
450,000
170
450,001
—
500,000
180
500,001
—
600,000
192
600,001
—
700,000
203
700,001
—
800,000
215
800,001
—
900,000
225
900,001
—
1,000,000
237
1,000,001
—
2,000,000
338
2,000,001
—
3,000,000
395
3,000,001
—
4,000,000
450
4,000,001
—
5,000,000
507
5,000,001
—
6,000,000
563
6,000,001
—
7,000,000
620
7,000,001
—
8,000,000
675
8,000,001
—
9,000,000
732
9,000,001
—
10,000,000
788
10,000,001
—
11,000,000
845
11,000,001
—
15,000,000
1,070
15,000,001
—
20,000,000
1,350
20,000,001
—
25,000,000
1,632
25,000,001
—
30,000,000
1,913
30,000,001
—
40,000,000
2,475
40,000,001
or more
3,375
Source
Laws 1987, LB 164, § 5;
Laws 2003, LB 187, § 33.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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) a verified report of the total grain inventory or (2) an audited financial statement. A verified report of grain inventory or audited financial statement shall be prepared in accordance with accounting principles generally accepted by a person or firm which holds a permit granted by the Nebraska State Board of Public Accountancy.
Source
Laws 2003, LB 735, § 13;
Laws 2005, LB 52, § 6.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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 stored in such warehouses; and
(3) The warehouses are operated in conjunction with each other.
If the commission finds that enforcement of the Grain Warehouse Act or the interests of the storers requires that warehouses operated by the same licensee at separate locations be licensed separately, it may require separate licenses for such facilities pursuant to rules and regulations adopted and promulgated by the commission.
The license fee and security required of such warehouse licensee shall be computed on the basis of the separate capacities of each warehouse.
Source
Laws 1987, LB 164, § 7;
Laws 1989, LB 78, § 30.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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 effective date of the issuance or renewal of such license. A license may be kept in continuous force and effect if the warehouse licensee files a proper application for renewal and security which the commission can approve prior to the date of termination.
Notice of the security in the form prescribed by the commission shall be posted in a conspicuous place in each warehouse showing the amount of security on the stored grain. Each warehouse licensee shall also post in a conspicuous place in each warehouse office the storage fees and receiving and load-out fees charged for each type of grain stored.
Source
Laws 1987, LB 164, § 8;
Laws 1989, LB 78, § 31.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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 such reasonable amounts as may be prescribed by the commission.
Source
Laws 1987, LB 164, § 9.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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 shall contain all information prescribed by the commission. A scale ticket issued by a warehouse licensee shall be prima facie evidence of the holder's claim of title to the goods described in such ticket.
Source
Laws 1987, LB 164, § 11.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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, the name of the owner, and the grade, gross weight, dockage, and net weight of the grain represented in the receipt.
(2)(a) The commission shall prepare forms for such receipts and may adopt procedures for the electronic issuance of such receipts. All warehouse licensees shall either use forms prepared by the commission for such receipts or follow procedures adopted by the commission for electronic issuance of such receipts. Warehouse licensees that use forms prepared by the commission shall register such receipts with the commission.
(b) The commission shall fix charges to be assessed and collected for such warehouse receipt forms not to exceed the cost of printing, delivering, and handling. Payment of such charges shall be made in advance of delivery of such receipt forms and shall entitle each such receipt to registration without any further charge or fee. The commission may make refunds of such charges for such unused receipt forms as may be returned to the commission.
(c) All procedures for electronic filing of receipts adopted by the commission shall comply with section 86-611. The commission may adopt authentication procedures to verify receipts issued electronically. Compliance with the authentication procedures adopted by the commission shall have the same validity as a signature on any receipt.
(3) Any warehouse licensee may issue a receipt to himself or herself as the owner of grain stored in his or her own warehouse, which receipt shall be registered with the commission. Upon receiving any such grain warehouse receipt for registration and being satisfied that the provisions of the Grain Warehouse Act and any rules and regulations adopted and promulgated pursuant to the act have been complied with, the commission shall cause such receipt to be registered.
Source
Laws 1987, LB 164, § 12;
Laws 2003, LB 735, § 14.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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 be approved by the commission, conditioned to indemnify the warehouse licensee or any holder or other person entitled to the grain against all loss, liability, or expense which may be sustained by reason of such delivery. The delivery of the grain or the issuance of a duplicate receipt pursuant to the approval of the commission shall not relieve the warehouse licensee from liability to a person to whom the negotiable receipt has been or will be negotiated for value without notice of the proceedings before the commission or of the delivery of the grain or the issuance of the duplicate receipt pursuant to such proceedings.
Source
Laws 1987, LB 164, § 13.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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 an original receipt properly issued and uncanceled at the date of the issuance of the duplicate.
Source
Laws 1987, LB 164, § 14.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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 of the commission.
Source
Laws 1987, LB 164, § 15.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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 after such demand for delivery has been made and facilities for receiving and shipping the grain have been provided. If demand is made for only a part of the grain represented by any receipt, the amount delivered shall be entered in a proper blank upon the face of such receipt and delivery of such grain acknowledged on the receipt by the person holding such receipt. For any grain not delivered within twenty-four hours after such demand, the warehouse licensee shall be liable, upon his, her, or its security, to the owner in damages not exceeding one cent per bushel for each day's delay unless he, she, or it delivers to different owners in the order demanded as rapidly as can be done by ordinary diligence. If terminal delivery of grain is demanded, the warehouse licensee shall issue and deliver to the owner or his or her order a surrender receipt, which shall conform to the receipt issued for the grain under section 88-536, making such grain deliverable in its net amount at any terminal market or transit point designated by the owner of such receipt. Such grain shall be subject to the usual freight, weighing, and switching charges when it arrives at the terminal so designated, and the freight shall be computed on the basis of the gross weight of the grain represented by such surrender receipt. The owner of the receipt may, at his, her, or its option, order the car in which the grain covered by the surrender receipt is to be transported, in which case the grain shall be delivered when the car so ordered is placed at the warehouse.
Source
Laws 1987, LB 164, § 16.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 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, it shall enter a supplemental order fixing a different rate for such applicant. Such charges shall be full compensation for the receiving, handling, storing, delivering, and insuring of grain. No discrimination shall be made between different customers by any state-licensed grain warehouse either in facilities, charges, or handling of any grain, except that members of a cooperative may be given preference in storage facilities in warehouses of the cooperative. The rates charged to any governmental agency shall be exempt from commission regulation.
Source
Laws 1987, LB 164, § 17.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 88-543 - Prohibited acts; penalty.

88-543.
Prohibited acts; penalty.
(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 that the warehouse licensee or partner, limited liability company member, officer, or agent thereof has wrongfully removed grain, has wrongfully caused grain to be removed, or has issued receipts for grain not actually received, and has violated this section;
(b) Create a post-direct delivery storage position without issuing proper documentation consistent with rules and regulations adopted and promulgated by the commission;
(c) Create a post-direct delivery storage position at any time the warehouse licensee does not have sufficient warehouse-owned grain or grain in open storage to cover the storage position created for the benefit of the producer; or
(d) Record grain as being received or loaded out that has not been physically deposited in or physically removed from the warehouse.
(2) Any warehouse licensee or partner, limited liability company member, officer, or agent thereof who knowingly and willingly violates this section shall be guilty of a Class IV felony.
Source
Laws 1987, LB 164, § 19;
Laws 1989, LB 78, § 32;
Laws 1993, LB 121, § 564;
Laws 1994, LB 884, § 94;
Laws 2005, LB 439, § 6.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 88-544 - Storage; termination.

88-544.
Storage; termination.
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 regulations of the commission. Subject to such rules and regulations as the commission may adopt and promulgate, any storage contract on any or all such grain may be terminated by the owner at any time by the payment or tender of all legal charges and the surrender of the warehouse receipt, together with a demand for delivery of such grain or notice to sell the same.
Source
Laws 1987, LB 164, § 20;
Laws 1992, LB 366, § 63.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 88-545 - Commission; enforce act; rules and regulations; violation; penalty; damages; prosecution.

88-545.
Commission; enforce act; rules and regulations; violation; penalty; damages; prosecution.
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 be guilty of a Class IV felony, unless otherwise specifically provided, and shall be liable for any damages suffered by any person from such violation. Upon request of the commission, the Attorney General or any county attorney shall assist in the prosecution of any violations of the act.
Source
Laws 1987, LB 164, § 21;
Laws 1989, LB 78, § 33;
Laws 1993, LB 121, § 565;
Laws 1994, LB 884, § 95.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 88-545.01 - Commission; contracts for audit or examination work authorized; Grain Warehouse Auditing Fund; created; use; investment.

88-545.01.
Commission; contracts for audit or examination work authorized; Grain Warehouse Auditing Fund; created; use; investment.
(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 commission's primary responsibility of performing grain warehouse examinations within the prescribed statutory time.
(2) Fees from audit or examination contracts shall be remitted by the commission to the State Treasurer for credit to the Grain Warehouse Auditing Fund which is created. The fund shall be available to the commission to buy material and equipment for performing audits and examinations or to offset the cost of performing audits and examinations. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Grain Warehouse Auditing 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.
Source
Laws 1996, LB 1123, § 7;
Laws 2009, First Spec. Sess., LB3, § 99.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 88-546 - License; suspension or revocation; procedure.

88-546.
License; suspension or revocation; procedure.
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. The complaint shall state the grounds for suspension or revocation and shall be filed with the commission pursuant to the commission's rules of procedure. The commission shall serve the warehouse licensee with a copy of the complaint and a copy of the order of the commission stating the time for hearing, which time shall be at least twenty days from the date of service. If the commission determines that the public good requires it, the commission may, upon the filing of a complaint and without hearing, temporarily suspend a license pending the determination of the complaint.
Source
Laws 1987, LB 164, § 22.
2023 Nebraska Revised Statutes › Chapter 88 - Warehouses › 88-547 - Warehouse; closure; when; commission; powers.

88-547.
Warehouse; closure; when; commission; powers.
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 violation of any statute or rule or regulation adopted and promulgated by the commission, or if a warehouse is operated without a license, the commission may close the warehouse and do one or more of the following:
(1) Take title to all grain stored in the warehouse at that time in trust for distribution on a pro rata basis to all valid owners, depositors, or storers of grain who are holders of evidence of ownership of grain. No claim of the licensee for grain stored shall be honored until the claims of all other owners, depositors, and storers have been paid in full. Such distribution may be made in grain or in proceeds from the sale of grain. If the commission closes the warehouse and takes title to the grain, such action shall operate as a stay of the commencement or continuation, including the issuance or employment of process, of any judicial, administrative, or other action or proceeding to take title to the grain that was or could have been commenced before such action by the commission;
(2) After notice and hearing (a) determine the value of the shortage and the pro rata loss to each owner, depositor, or storer of grain, (b) require all or part of the warehouse security to be forfeited to the commission, and (c) distribute the security proceeds on such pro rata basis; or
(3) Commence a suit in district court for the benefit of owners, depositors, or storers of grain.
The commission may deposit the proceeds from the security forfeiture under subdivision (2) of this section or the sale of grain under subdivision (1) of this section in an interest-bearing trust account for the benefit of the valid owners, depositors, or storers of grain pending final determination of the valid owners, depositors, or storers and distribution of such proceeds.
Source
Laws 1987, LB 164, § 23;
Laws 1989, LB 78, § 34;
Laws 1992, LB 366, § 64;
Laws 2005, LB 492, § 6.
Annotations
When the Public Service Commission adjudicates claims under the Grain Warehouse Act, its objective is to determine those owners, depositors, storers, or qualified check holders at the time a warehouse is closed. In re Claims Against Pierce Elevator, 291 Neb. 798, 868 N.W.2d 781 (2015).