(1) No warehouse licensee or partner, limited liability company member, officer, or agent thereof shall:
Terms Used In Nebraska Statutes 88-543
- Commission: means the Public Service Commission. See Nebraska Statutes 88-526
- Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Felony: A crime carrying a penalty of more than a year in prison.
- 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. See Nebraska Statutes 88-526
- Warehouse: means any grain elevator, mill, grist mill, building, or receptacle in which grain is held in storage for more than ten consecutive days. See Nebraska Statutes 88-526
(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.
- 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.