LB 894 — Change provisions relating to the Grain Dealer Act and the Grain Warehouse Act

ER129 ER129 LB894 LB894 MLU2026 -LEGISLATIVE 03/03/2026BILL MLU894 -Approved 03/03/2026by Ethe ANDGovernor RApril AMENDMENTS14, TO2026 LB 894   Introduced by Guereca,DeKay, 7,40; Chairman Enrollment and Review 1.

StrikeBrandt, the32; original sections and all amendments thereto and insert the following new sections:

SectionDeBoer, 1.10.

  A BILL FOR AN ACT relating to grain;

to amend sections 75-901, 75-904, 88-527, 88-529, 88-548, and 88-551, Reissue Revised Statutes of Nebraska, and sections 75-902 and 75-903, Revised Statutes Cumulative Supplement, 2024;

to redefine a term;

to change provisions relating to fees and licensure requirements, create a fund, state legislative intent, and change and eliminate provisions relating to a grain dealer's security under the Grain Dealer Act;

to change provisions relating to fees, licensure requirements, certain federal licensees, and the use of certain grain probes under the Grain Warehouse Act;

to harmonize provisions;

to repeal the original sections;

and to outright repeal section 75-905, Reissue Revised Statutes of Nebraska.

Be it enacted by the people of the State of Nebraska, Section 1.

(5)(a) Grain dealer means any person, partnership, limited liability company, corporation, or association that (i) buys grain from the producer of the grain within this state for purposes of selling such grain or (ii) acts as an employee or agent of a buyer or seller for -1- ER129 ER129 LB894 LB894 MLU - 03/03/2026 MLU - 03/03/2026 purposes of collective bargaining in the marketing of grain.

-2- ER129 ER129 LB894 LB894 MLU - 03/03/2026 MLU - 03/03/2026 and (c) File a reviewed or audited fiscal year-end financial statement prepared by an independent certified public accounting firm as required in subsection (3) of this section.

(2)(a) The security required under subdivision (1)(b) of this section which may be a bond issued by a corporate surety company and payable to the commission, an irrevocable letter of credit, or a certificate of deposit, subject to the approval of the commission, for the benefit of any producer who -1- LB894 LB894 2026 files a valid claim arising from a sale to a grain dealer.

(ii) If a licensee fails to pay for any grain that such licensee has purchased within thirty days after such payment is due under subdivision (c)(i) of this subsection, such licensee shall be liable to the seller -3- ER129 ER129 LB894 LB894 MLU - 03/03/2026 MLU - 03/03/2026 for interest on the unpaid amount pursuant to section 45-103.

Any seller holding a deferred-deferred-pricing, pricing, price-later, or similar contract under which title has passed but no payment obligation has yet matured shall not be eligible to claim against the security unless the payment obligation became due prior to the date of such administrative action.

-4- ER129 ER129 LB894 LB894 MLU - 03/03/2026 MLU - 03/03/2026 (vi) The (f) the volume and dollar value of transactions in which direct delivery grain is exchanged for a post-direct delivery storage position and the post-direct delivery storage position is not created by an in-store transfer on the same date as the delivery of the direct delivery grain;

It is the intent of the Legislature to appropriate all money in the fund to the commission -5- ER129 ER129 LB894 LB894 MLU - 03/03/2026 MLU - 03/03/2026 for the purpose of defraying the expenses of administering the Grain Dealer Act and the Grain Warehouse Act.

All money derived from investment earnings of money in the fund shall be credited to the Grain Dealer and Grain -2- LB894 LB894 2026 Warehouse Cash Fund.

Money in the fund shall not be transferred to the General Fund or any other legislatively created fund.

It is the intent of the Legislature that the revenue generated by the license fees established by the commission shall not exceed twenty-five percent of the commission costs to implement the Grain Dealer Act and the Grain Warehouse Act.

-6- ER129 ER129 LB894 LB894 MLU - 03/03/2026 MLU - 03/03/2026 (b) If the applicant is an individual, the application shall include the applicant's social security number.

The commission shall assume all jurisdiction over any warehouse operator headquartered in Nebraska regarding his or -7- ER129 ER129 LB894 LB894 MLU - 03/03/2026 MLU - 03/03/2026 her warehouse activity.

Capacity in Bushels Fee 0 — 10,000 $ 45 10,001 — 25,000 57 25,001 — 50,000 68 -3- LB894 LB894 2026 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 -8- ER129 ER129 LB894 LB894 MLU - 03/03/2026 MLU - 03/03/2026 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 (3)(a) On or before December 1, 2026, the commission shall establish the annual license fees that apply beginning July 1, 2027, to warehouses that are not licensed under the federal United States Warehouse Act and electronically submit a schedule of such fees to the Clerk of the Legislature.

(c) An annual license fee that is established or modified under this -9- ER129 ER129 LB894 LB894 MLU - 03/03/2026 MLU - 03/03/2026 subsection shall not exceed the fee established for the applicable commodity in the 2025/2026 Rates Charged for AMS Services notice for entities with a Commodity Credit Corporation agreement, as such notice existed on January 1, 2026, that was published by the Agricultural Marketing Service of the United States Department of Agriculture.

-4- LB894 LB894 2026 Sec.

88-551 Except88-551 Except as provided in sections 88-527, 88-529, 88-545.01, and -10- ER129 ER129 LB894 LB894 MLU - 03/03/2026 MLU - 03/03/2026 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 General Fund.

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On page 1, strike beginning with "grain" in line 1 through line 9 and insert "grain;

to amend sections 75-901, 75-904, 88-527, 88-529, 88-548, and 88-551, Reissue Revised Statutes of Nebraska, and sections 75-902 and 75-903, Revised Statutes Cumulative Supplement, 2024;

to redefine a term;

to change provisions relating to fees and licensure requirements, create a fund, and change and eliminate provisions relating to a grain dealer's security under the Grain Dealer Act;

to change provisions relating to fees, licensure requirements, certain federal licensees, and the use of certain grain probes under the Grain Warehouse Act;

to harmonize provisions;

to repeal the original sections;

and to outright repeal section 75-905, Reissue Revised Statutes of Nebraska.".

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