§ 88-527. Warehouse operator; warehouses; license required; inspection; commission; powers and duties; fees; agreements with bordering states.

(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 warehouse that is licensed under the federal United States Warehouse Act. (b) A warehouse that is licensed under the Grain Warehouse Act and the federal United States Warehouse Act: (i) Shall submit to the commission copies of all regulatory filings that such warehouse has submitted to or received from the United States Department of Agriculture, including regulatory filings relating to securities, insurance, yearly audits, and licenses; and (ii) Shall not be required by the commission to submit any regulatory filing that is not described in subdivision (b)(i) of this subsection. (c) Except to enforce this section, the commission shall not take any administrative action against a warehouse that is licensed under the federal United States Warehouse Act without the written consent of the United States Department of Agriculture. (3)(a) A warehouse that is not licensed under the federal United States Warehouse Act shall be licensed and regulated by the commission as provided in this subsection. (b) 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. (c) 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. (d) 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. (e) The commission may charge for inspections conducted at the request of a warehouse licensee. (f) 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. (g) 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 warehouse operator which operates facilities in such states. The commission shall assume all jurisdiction over any warehouse operator headquartered in Nebraska regarding his or her warehouse activity. A warehouse operator 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. History: 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; Laws 2024, LB262, § 43; Laws 2026, LB894, § 6.