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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 895
Introduced by DeKay, 40; DeBoer, 10.
Read first time January 08, 2026
Committee: Agriculture
A BILL FOR AN ACT relating to the Grain Warehouse Act; to amend sections1
88-527, 88-529, and 88-548, Reissue Revised Statutes of Nebraska; to2
change applicability of the act; to change provisions relating to3
license requirements and annual license fees for warehouses; and to4
repeal the original sections. 5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Section 88-527, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
88-527 (1) No person shall act as a warehouse operator without a3
license issued pursuant to the Grain Warehouse Act. Warehouses, including4
except warehouses that which are licensed under the United States5
Warehouse Act, shall be licensed and regulated by the commission. The6
commission shall establish a streamlined process for applicants that hold7
a valid license under the United States Warehouse Act to apply for a8
license under the Grain Warehouse Act. Such streamlined process shall9
provide for reduced application and oversight requirements as determined10
by the commission. If the applicant is an individual, the application11
shall include the applicant's social security number. Such warehouses12
shall be inspected by the commission at least once every twelve months.13
(2) If the commission determines that additional examinations are14
necessary after a regular examination is completed at a warehouse, the15
commission may charge such warehouse for the cost of the additional16
examinations according to the commission's fee schedule. Warehouses shall17
only be charged if such examinations are for reasons of irregularities18
from the previous examination or if financial conditions warrant19
additional examinations. 20
(3) The commission may make available to the United States21
Government or any of its agencies, including the Commodity Credit22
Corporation, the results of inspections made and inspection reports23
submitted by employees of the commission upon payment of such fees as may24
be determined by the commission. The fees shall cover the actual cost of25
the services rendered in regard to providing the information.26
(4) The commission may charge for inspections conducted at the27
request of a warehouse licensee. 28
(5) The commission may assess a surveillance fee against the assets29
of a warehouse licensee for actual expenses incurred by the commission in30
suspending a license or terminating the operations of a warehouse31
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licensee. The commission may enter into contracts for such purpose and1
shall keep a record of all surveillance fees collected. All surveillance2
fees collected by the commission shall be remitted to the State Treasurer3
for credit to the Nebraska Grain Warehouse Surveillance Cash Fund.4
(6) The commission may enter into agreements and contracts with5
regulators in states which border Nebraska for the purpose of licensing6
or examining any public grain warehouse operator which operates7
facilities in such states. The commission shall assume all jurisdiction8
over any warehouse operator headquartered in Nebraska regarding his or9
her warehouse activity. A warehouse operator headquartered and licensed10
in another state which acquires facilities in Nebraska is under the11
jurisdiction of the headquarter state under the terms of such agreement12
or contract. 13
Sec. 2. Section 88-529, Reissue Revised Statutes of Nebraska, is14
amended to read: 15
88-529 The commission shall charge an annual license fee for each16
warehouse to be operated, except as provided in section 88-531. The fee17
for any license issued for less than twelve months shall be prorated18
based on its duration. The annual license fee shall be established by the19
commission but shall not exceed the fees established for applicable20
commodities in the 2025/2026 Rates Charged for AMS Services notice for21
entities with a Commodity Credit Corporation agreement, as such notice22
existed on January 1, 2026, that was published by the Agricultural23
Marketing Service of the United States Department of Agriculture. Such24
fees are due on or before the date established by the commission for each25
license. as provided in this section. 26
Capacity in Bushels 27 Fee
0 28 — 10,000 $ 45
10,001 29 — 25,000 57
25,001 30 — 50,000 68
50,001 31 — 75,000 78
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75,001 1 — 100,000 90
100,001 2 — 150,000 102
150,001 3 — 200,000 113
200,001 4 — 250,000 125
250,001 5 — 300,000 135
300,001 6 — 350,000 147
350,001 7 — 400,000 156
400,001 8 — 450,000 170
450,001 9 — 500,000 180
500,001 10 — 600,000 192
600,001 11 — 700,000 203
700,001 12 — 800,000 215
800,001 13 — 900,000 225
900,001 14 — 1,000,000 237
1,000,001 15 — 2,000,000 338
2,000,001 16 — 3,000,000 395
3,000,001 17 — 4,000,000 450
4,000,001 18 — 5,000,000 507
5,000,001 19 — 6,000,000 563
6,000,001 20 — 7,000,000 620
7,000,001 21 — 8,000,000 675
8,000,001 22 — 9,000,000 732
9,000,001 23 — 10,000,000 788
10,000,001 24 — 11,000,000 845
11,000,001 25 — 15,000,000 1,070
15,000,001 26 — 20,000,000 1,350
20,000,001 27 — 25,000,000 1,632
25,000,001 28 — 30,000,000 1,913
30,000,001 29 — 40,000,000 2,475
40,000,001 30 or more 3,375
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Sec. 3. Section 88-548, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
88-548 (1) Any grain dealer, person, firm, corporation, or3
association in this state licensed under the United States Warehouse Act4
shall be exempt from the Grain Warehouse Act, except that each licensee5
under the United States Warehouse Act shall (a) annually notify the6
commission in writing of such license and shall notify the commission at7
once in writing if the license is terminated, canceled, or suspended and8
(b) post notification of such licensee's bond under the United States9
Warehouse Act in a conspicuous place of business listing the total amount10
of bond on the stored grain. 11
(2) No warehouse licensee, licensee under the United States12
Warehouse Act, or grain dealer licensed pursuant to section 75-903 shall13
use end-intake air probes which use a vacuum to collect a sample from a14
load of grain to determine foreign material content. The commission shall15
adopt and promulgate rules and regulations regarding approval of grain16
probes. Any person who violates this subsection shall be guilty of a17
Class I misdemeanor. 18
Sec. 4. Original sections 88-527, 88-529, and 88-548, Reissue19
Revised Statutes of Nebraska, are repealed. 20
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