66-495.01. Diesel fuels; restrictions on use; inspections authorized; violations; penalties; government vehicles; treatment.
(1) Except as provided in subsection (5) of this section, the fuel supply tank of a motor vehicle registered or required to be registered for operation on the highway shall not contain or be used with undyed diesel fuel that has not been taxed or diesel fuel which contains any evidence of the dye or chemical marker added pursuant to the regulations promulgated under 26 U.S.C. 4082 or 42 U.S.C. 7545 indicating untaxed low-sulphur or high-sulphur diesel fuel.
(2) No retailer of diesel fuel shall sell or offer to sell diesel fuel that contains any evidence of the dye or chemical marker added pursuant to the regulations promulgated under 26 U.S.C. 4082 or 42 U.S.C. 7545 indicating untaxed low-sulphur or high-sulphur diesel fuel unless the fuel dispensing device is clearly marked with a notice that the fuel is dyed or chemically marked.
(3) Any law enforcement officer, any carrier enforcement officer, or any agent of the department who has reasonable grounds to suspect a violation of this section may inspect the fuel in the fuel supply tank of any motor vehicle or the fuel storage facilities and dispensing devices of any diesel fuel retailer to determine compliance with this section. Fuel inspections may also be conducted in the course of safety or other inspections authorized by law.
(4) Any person who violates any provision of this section or who refuses to permit an inspection authorized by this section shall be guilty of a Class IV misdemeanor and shall be subject to an administrative penalty of two hundred fifty dollars for the first such violation. If the person had another violation under this section within the last five years, the person shall be subject to an administrative penalty of one thousand dollars for the current violation. If the person had two or more violations under this section within the last five years, the person shall be subject to an administrative penalty of two thousand five hundred dollars for the current violation. All such penalties shall be assessed against the owner of the vehicle as of the date of the violation. The penalty shall be assessed and collected by the department. All such penalties collected shall be remitted to the State Treasurer for credit to the Highway Trust Fund.
(5) Any motor vehicle owned or leased by any state, county, municipality, or other political subdivision may be operated on the highways of this state with dyed diesel fuel, except high-sulphur diesel fuel dyed in accordance with regulations promulgated by the Administrator of the Environmental Protection Agency pursuant to 42 U.S.C. 7545, if the taxes imposed by sections 66-482 to 66-4,149 are paid to the department by the state, county, municipality, or other political subdivision. The state, county, municipality, or other political subdivision shall pay the tax and file a return concerning the tax to the department in like manner and form as is required under sections 66-489.02, 66-4,105, and 66-4,106.
(6) For purposes of this section:
(a) Owner means registered owner, titleholder, lessee entitled to possession of the motor vehicle, or anyone otherwise maintaining a possessory interest in the motor vehicle, but does not include anyone who, without participating in the use or operation of the motor vehicle and otherwise not engaged in the purpose for which the motor vehicle is being used, holds indicia of ownership primarily to protect his or her security interest in the motor vehicle or who acquired ownership of the motor vehicle pursuant to a foreclosure of a security interest in the motor vehicle; and
(b) Use means to operate, fuel, or otherwise employ.
Source
Structure Nebraska Revised Statutes
Chapter 66 - Oils, Fuels, and Energy
66-103 - Gasoline and other explosives; sale; containers or portable tanks; type required.
66-103.01 - Containers or portable tanks, defined.
66-105 - Kerosene; delivery; container or portable tank prohibited.
66-106 - Kerosene; use or storage; container or portable tank prohibited.
66-203 - Rebate for qualified clean-burning motor vehicle fuel property.
66-204 - Clean-burning Motor Fuel Development Fund; created; use; investment.
66-303 - Department of Environment and Energy; duties; report; contents; legislative vote.
66-304 - State plan; submit to Legislature.
66-401 - Transferred to section 66-482.
66-402 - Transferred to section 66-483.
66-403 - Transferred to section 66-484.
66-404 - Transferred to section 66-485.
66-407 - Transferred to section 66-486.
66-408 - Transferred to section 66-487.
66-409 - Transferred to section 66-488.
66-410 - Transferred to section 66-489.
66-410.01 - Transferred to section 66-490.
66-410.02 - Transferred to section 66-491.
66-410.03 - Transferred to section 66-492.
66-410.04 - Transferred to section 66-493.
66-410.05 - Transferred to section 66-494.
66-411 - Transferred to section 66-495.
66-412 - Transferred to section 66-496.
66-414 - Transferred to section 66-497.
66-415 - Transferred to section 66-498.
66-418.02 - Transferred to section 66-449.01.
66-420 - Transferred to section 66-4,103.
66-421 - Transferred to section 66-499.
66-423.01 - Transferred to section 66-4,101.
66-423.02 - Transferred to section 66-4,102.
66-424 - Transferred to section 66-4,100.
66-426.01 - Transferred to section 66-4,104.
66-428 - Transferred to section 66-4,105.
66-429 - Transferred to section 66-4,106.
66-433 - Transferred to section 66-4,107.
66-434 - Transferred to section 66-4,108.
66-435 - Transferred to section 66-4,109.
66-436 - Transferred to section 66-4,110.
66-437 - Transferred to section 66-4,111.
66-438 - Transferred to section 66-4,112.
66-439 - Transferred to section 66-4,113.
66-440 - Transferred to section 66-4,117.
66-441 - Transferred to section 66-4,114.
66-442 - Transferred to section 66-4,115.
66-444 - Transferred to section 66-4,116.
66-445 - Transferred to section 66-4,118.
66-446 - Transferred to section 66-4,119.
66-447 - Transferred to section 66-4,120.
66-448 - Transferred to section 66-4,121.
66-449 - Transferred to section 66-4,122.
66-449.01 - Transferred to section 66-4,130.
66-450 - Transferred to section 66-4,123.
66-452 - Transferred to section 66-4,124.
66-458 - Transferred to section 66-4,125.
66-459 - Transferred to section 66-4,126.
66-460 - Transferred to section 66-4,127.
66-461 - Transferred to section 66-4,128.
66-461.01 - Transferred to section 66-4,129.
66-462 - Transferred to section 66-4,131.
66-465 - Transferred to section 66-4,132.
66-467 - Transferred to section 66-4,133.
66-467.01 - Transferred to section 66-4,134.
66-468 - Transferred to section 66-4,135.
66-469 - Transferred to section 66-4,136.
66-470 - Transferred to section 66-4,137.
66-471 - Transferred to section 66-4,138.
66-472 - Transferred to section 66-4,139.
66-473 - Transferred to section 66-4,140.
66-474 - Transferred to section 66-4,141.
66-474.01 - Transferred to section 66-4,142.
66-475 - Transferred to section 66-4,143.
66-476 - Transferred to section 66-4,144.
66-477 - Transferred to section 66-4,145.
66-478 - Transferred to section 66-4,146.
66-479 - Transferred to section 66-4,147.
66-480 - Transferred to section 66-4,148.
66-481 - Transferred to section 66-4,149.
66-484 - Producer, supplier, distributor, wholesaler, importer, or exporter; license required.
66-485 - Producer, supplier, distributor, wholesaler, exporter, or importer; security.
66-486 - Motor fuel tax; collection; commission.
66-487 - Producer, supplier, distributor, wholesaler, exporter, and importer; records required.
66-488 - Producer, supplier, distributor, wholesaler, importer, and exporter; return; contents.
66-489.01 - Motor fuels blending agent or fuel expander; when taxed.
66-496 - Stored fuel; payment of tax; when; reports.
66-498 - Tax previously paid; credit allowed; when.
66-4,100 - Highway Cash Fund; Roads Operations Cash Fund; created; use; investment.
66-4,101 - Highway Allocation Fund; share of counties and municipalities; how used.
66-4,102 - Highway Allocation Fund; street intersection, defined.
66-4,103 - Interstate commerce exemption.
66-4,104 - Transferred to section 66-525.
66-4,105 - Motor fuels; use; excise tax; amount; use, defined.
66-4,106 - Excise tax; payment; report; duty to collect.
66-4,107 - Transferred to section 66-526.
66-4,108 - Transferred to section 66-527.
66-4,109 - Transferred to section 66-528.
66-4,110 - Transferred to section 66-529.
66-4,111 - Transferred to section 66-530.
66-4,112 - Transferred to section 66-531.
66-4,113 - Transferred to section 66-719.01.
66-4,114 - Motor fuels; importation; liable for tax; exception.
66-4,116 - Motor fuels; transportation; interstate commerce exempt.
66-4,117 - Motor vehicle fuel tax law; enforcement; rules and regulations.
66-4,124.01 - Tax credit gasoline; certain purchases; repeal of section, effect.
66-4,140 - Motor fuels; excise tax; disposition; payment.
66-4,141 - Excise tax; tax rate per gallon; computations.
66-4,143 - Materiel administrator; submit report; contents.
66-4,145 - Additional excise tax.
66-4,146 - Fuels; use; additional excise tax.
66-4,146.01 - Floor-stocks tax on agricultural ethyl alcohol; rate; payment.
66-4,147 - Receipts from excise tax; disposition.
66-4,147.01 - Taxes, interest, and penalties; disposition.
66-4,148 - Highway Allocation Fund; distribution of funds.
66-4,149 - Rules and regulations.
66-501 - Sections, purpose; how construed.
66-502 - Liquid fuel carriers license; issuance.
66-502.01 - Motor vehicle equipped with cargo tank; restrictions.
66-505 - Motor fuel transportation; vehicles; display required; rules and regulations.
66-512 - Unlawful acts; prohibited.
66-526 - Motor vehicle fuel or diesel fuel; unlawful transportation; vehicle declared nuisance.
66-528 - Unlawful transportation; conviction; effect.
66-529 - Unlawful transportation; conviction; sale of vehicle.
66-530 - Unlawful transportation; no arrest; sale of fuel and vehicle; procedure.
66-531 - Unlawful transportation; delay in proceedings; intervention by lienor or owner of vehicle.
66-610.01 - Transferred to section 66-733.
66-610.02 - Transferred to section 66-734.
66-610.03 - Transferred to section 66-735.
66-610.04 - Transferred to section 66-736.
66-610.06 - Transferred to section 66-737.
66-639 - Transferred to section 66-601.01.
66-699 - Definitions, where found.
66-6,100 - Compressed fuel, defined.
66-6,101 - Department, defined.
66-6,102 - Gallon equivalent, defined.
66-6,103 - Motor vehicle, defined.
66-6,106 - Retailer's license; application; issuance; security requirements.
66-6,107 - Excise tax; amount.
66-6,108 - Excise tax; amount; credits and refunds; allocation.
66-6,109 - Excise tax; amount.
66-6,110 - Retailer; return; filing requirements.
66-6,112 - Taxes, interest, and penalties; disposition.
66-6,113 - Compressed fuel tax; collection; commission.
66-6,115 - Prohibited acts; violation; penalty; transport and delivery vehicles.
66-6,116 - Enforcement; rules and regulations.
66-713 - Retailer; license required; when; records.
66-716 - Motor fuel distribution, sale, or delivery; license; when required; records.
66-718 - Report, return, or other statement; department; powers; electronic filing.
66-719 - Prohibited acts; financial penalties; department; powers; waiver of interest.
66-719.01 - Unlawful transportation; violations; reward for disclosure.
66-720 - License or permit; suspension; grounds; procedure; cancellation; reinstatement fee.
66-721 - Notices; mailing requirements.
66-722 - Returns; review by department; deficiency determination; procedure.
66-724 - Deficiency; late payment; interest.
66-725 - Department; examination of records; investigations.
66-726 - Refund; when allowed; procedures.
66-727 - Prohibited acts; criminal penalties.
66-729 - Permit or license; issuance; when; department; powers and duties.
66-731 - Department; computer system; shared information.
66-732 - Department of Revenue, Attorney General, and Nebraska State Patrol; duties.
66-734 - Cash bond; contribution; how collected.
66-735 - Trust fund; use; delinquency; certification; State Treasurer; duties.
66-736 - Cash bond; contribution; refund; return of trust fund.
66-739 - Motor Fuel Tax Enforcement and Collection Cash Fund; created; use; investment.
66-741 - Federally recognized Indian tribe; agreement with state; authorized.
66-820 - Transferred to section 66-1338.
66-822 - Department; motor vehicles; use of gasohol.
66-823 - Department; gasohol; storage and dispensing facilities.
66-824 - Department; gasohol; use; conditions.
66-901 - Legislative findings.
66-902 - Definitions; where found.
66-902.01 - Decommissioning security, defined.
66-903 - Solar energy, defined.
66-904 - Solar energy collector, defined.
66-905 - Solar energy system, defined.
66-906 - Passive solar energy system, defined.
66-909 - Solar agreement, defined.
66-909.01 - Wind energy, defined.
66-909.02 - Wind energy conversion system, defined.
66-909.04 - Wind agreement, defined.
66-910 - Solar agreement; wind agreement; manner granted.
66-912 - Solar agreement; wind agreement; how enforced.
66-912.01 - Solar agreement; wind agreement; initial term; limitation; termination.
66-912.02 - Interest in wind or solar resource; restriction on severance from surface estate.
66-913 - Counties or municipalities; zoning regulations, ordinances, and plans; considerations.
66-1001 - Energy conservation and efficiency; legislative findings.
66-1002 - Definitions, sections found.
66-1004 - Energy conservation measure, defined.
66-1007 - Utility; initiate and administer loans.
66-1008 - Utility; loans; restrictions.
66-1010 - Utilities; supplemental powers.
66-1011 - Loan; use; limitation.
66-1060 - Legislative findings.
66-1061 - Section and repeal of section, how construed.
66-1063 - Governmental unit; energy financing contracts; authorized.
66-1064 - Governmental unit; powers and duties.
66-1065 - Energy financing contract; contents; energy service company; bond requirements.
66-1066 - Energy financing contract; terms.
66-1101 - Legislative findings.
66-1103 - Severance of mineral estate; right to develop geothermal resource; attaches; exception.
66-1104 - Owner of mineral estate; right of entry; lease of state-owned geothermal resources.
66-1106 - Development and production of geothermal resources; provisions applicable.
66-1214 - Motor fuel dispensers; label requirements; penalty.
66-1225 - Reformulated gasoline; requirements for sale.
66-1227 - Methyl tertiary butyl ether; restriction.
66-1301 - Transferred to section 66-1330.
66-1303 - Transferred to section 66-1333.
66-1315 - Transferred to section 66-1339.
66-1316 - Transferred to section 66-1340.
66-1321.01 - Transferred to section 66-1341.
66-1324 - Transferred to section 66-1342.
66-1325 - Transferred to section 66-1343.
66-1326 - Transferred to section 66-1344.
66-1327 - Transferred to section 66-1345.
66-1328 - Transferred to section 66-1346.
66-1329 - Transferred to section 66-1347.
66-1331 - Legislative findings.
66-1334 - Agricultural Alcohol Fuel Tax Fund; created; use; investment.
66-1335 - Nebraska Ethanol Board; established; terms; vacancy; meetings; expenses.
66-1337 - Board; administrative powers.
66-1338 - National ethanol promotion group; board; powers.
66-1339 - Federal funds; solicitation; use.
66-1340 - Board; accept property; powers.
66-1341 - Application; information confidential.
66-1342 - Repayment of loan; other funds; remittance.
66-1344 - Ethanol tax credits; conditions; limitations; Department of Revenue; powers and duties.
66-1344.01 - Ethanol tax credits; agreement required; contents.
66-1345 - Ethanol Production Incentive Cash Fund; created; use; investment; transfers; duties.
66-1345.05 - Funds received by the Department of Revenue; disposition.
66-1348 - Investment agreements; act; how construed.
66-1349 - Ethanol facility eligible for tax credits or incentives; employ residents.
66-1351 - Treated seed; use prohibited; when.
66-1352 - Toxic chemicals; University of Nebraska conduct assessment.
66-1404 - Cooperative fuel tax agreements; local reciprocal exemption agreements; authorized.
66-1405 - Tax rate; how determined; setoff authorized.
66-1406 - Agreements; provisions.
66-1406.01 - License required; when.
66-1406.02 - License; director; powers.
66-1407 - Excess tax paid; credit.
66-1409 - Director; disclose information; when.
66-1410 - Rules and regulations.
66-1411 - Legal remedies; appeals; rules and regulations.
66-1411.01 - Director; enforcement powers.
66-1412 - Agreement; controlling provisions.
66-1413 - Contract to administer act; authorized.
66-1415 - Decal fee; Motor Carrier Division Cash Fund; use.
66-1416 - Sections; purpose; terms, defined.
66-1417 - Trip permit or payment of motor fuels taxes; required; violation; penalty.
66-1418 - Trip permits; issuance; fees.
66-1420 - Department; powers and duties.
66-1421 - Filing of amended return; interest; waiver of penalty; waiver of interest.
66-1424 - Department; examine return; deficiency; final assessment; challenge; extension.
66-1428 - Taxes, interest, and penalties; remittance.
66-1502 - Statement of purpose.
66-1503 - Definitions, where found.
66-1504 - Department, defined.
66-1513 - Remedial action, defined.
66-1514 - Responsible person, defined.
66-1514.01 - Supplier, defined.
66-1515.01 - Third-party claim, defined.
66-1516 - Responsibility for release or third-party claim; avoidance; prohibited; when.
66-1517 - Reimbursement for remedial actions and third-party claims; act; how construed.
66-1518 - Rules and regulations; schedule of rates; use.
66-1519 - Petroleum Release Remedial Action Cash Fund; created; use; investment.
66-1520 - Owner of registered tank; petroleum release remedial action fee; amount.
66-1523 - Reimbursement; amount; limitations; Prompt Payment Act applicable.
66-1524 - State not liable; when; payment of principal and interest on unpaid applications.
66-1526 - Reimbursement; not subject to legal process or attachment; when.
66-1527 - Failure to complete remedial action; reimburse fund.
66-1528 - Person receiving conveyance; action; not barred.
66-1529 - Reimbursement; assignment; authorized.
66-1529.01 - Remedial action; fixtures and tangible personal property; treatment.
66-1529.02 - Remedial actions by department; third-party claims; recovery of expenses.
66-1530 - Department; federal funding; duty.
66-1531 - Claim under State Miscellaneous Claims Act authorized; procedure; limitations.
66-1603 - Definitions, where found.
66-1608 - Industry trade association, defined.
66-1609 - Manufacturer and distributor of liquefied petroleum gas equipment, defined.
66-1610 - Odorized propane, defined.
66-1613 - Qualified industry organization, defined.
66-1615 - Retail marketer, defined.
66-1616 - Wholesaler, supplier, or importer, defined.
66-1617 - Propane Education and Research Council; referendum for creation; approval.
66-1618 - Council; members; appointment; terms.
66-1619 - Council; powers and duties; rules and regulations.
66-1620 - Council; implement act; use of funds.
66-1621 - Propane education and research fee; collection and use.
66-1624 - Council; suspension or termination; referendum.
66-1625 - Price of propane; legislative intent.
66-1803 - Exemptions from act; conditions; action to determine.
66-1804 - Commission; powers; act, how construed.
66-1805 - Rules and regulations; commission; additional powers; Attorney General; duties.
66-1806 - Jurisdictional utilities; filings required.
66-1807 - Commission; powers; how construed.
66-1808 - Rate changes; term or condition of service; when effective.
66-1809 - Commission; investigations authorized; hearing; powers.
66-1811 - Complaint; investigation; hearing; where held; commission; powers.
66-1812 - Rate proceeding; intervention by county or city.
66-1813 - Proceedings for review; parties; rights and privileges.
66-1814 - Action of commission; review.
66-1815 - Jurisdictional utility; reports; failure to file; penalty.
66-1816 - Jurisdictional utility; ownership of competitor; prohibited; when.
66-1817 - Completion and dedication of property.
66-1818 - Commission; examinations and audits; authorized.
66-1819 - Nonregulated private enterprise; how treated.
66-1820 - Franchise ordinances; requirements.
66-1821 - Franchise or certificate of convenience; restrictions.
66-1822 - Prohibited acts; penalty.
66-1823 - Criminal and civil proceedings to compel compliance.
66-1824 - Federal actions; commission; powers.
66-1825 - Rates; requirements.
66-1826 - Payment of dividends; limitation.
66-1827 - Encumbrance of property; limitation.
66-1828 - Reorganization or change of control; approval required.
66-1829 - Disclosure of information; limitations.
66-1830 - Office of public advocate; created; duties; appointment; qualifications.
66-1831 - Public advocate; powers.
66-1832 - Office of public advocate; administration.
66-1833 - Public advocate; access to information; limitations.
66-1834 - Public advocate; records; how kept.
66-1835 - Public advocate; ex parte communications.
66-1836 - Investigations; powers.
66-1837 - Commission; contract for services.
66-1838 - General rate filings; requirements.
66-1840 - Commission; investigation expenses; assessment against jurisdictional utility; procedure.
66-1842 - Public Service Commission Regulation Fund; created; use; investment.
66-1843 - Jurisdictional utility; failure to pay assessment; procedure.
66-1844 - Jurisdictional utility; objections to assessment; procedure.
66-1845 - Jurisdictional utility; assessment; action to recover.
66-1846 - Action to recover assessment; requirements.
66-1847 - Public natural gas utilities; requirements.
66-1848 - Competitive natural gas providers and aggregators; terms, defined.
66-1850 - Act; enforcement; prior law; applicability.
66-1851 - Jurisdictional utility; customer choice or other programs; how treated.
66-1852 - Extension of natural gas mains or other services; limitations.
66-1853 - Certificate of public convenience; requirements.
66-1854 - Cost of gas supply; effect on rate schedules; procedure.
66-1855 - Banded rates; commission; powers.
66-1856 - Construction of new facilities; prior approval not required.
66-1857 - Rights and remedies; how construed.
66-1858 - Metropolitan utilities district; solicitations prohibited; proposals authorized; when.
66-1859 - Enlargement or extension of area; applicability of sections.
66-1860 - Enlargement or extension of area; considerations.
66-1861 - Enlargement or extension of area; rebuttable presumptions.
66-1862 - Duplicative gas mains or services; prohibited.
66-1863 - Enlargement or extension of area; review by Public Service Commission; when required.
66-1864 - Enlargement or extension of area; records; open to public; use.
66-2101 - Legislative declaration.
66-2103 - City; utilization of funds; powers.
66-2104 - Rural infrastructure development; jurisdictional utility; powers.
66-2105 - Jurisdictional utility; consider factors.
66-2106 - Jurisdictional utility; applicability of other law.
66-2107 - Sections; applicability.
66-2202 - Renewable Fuel Infrastructure Program; created.
66-2203 - Grant; application; ethanol infrastructure project; eligibility for grant.
66-2204 - Application; contents.
66-2205 - Department; determine amount of grants; cost-share agreement; award; limitation.
66-2206 - Retail motor fuel site; requirements.
66-2207 - Renewable Fuel Infrastructure Fund; created; use; investment.
66-2301 - Nebraska Hydrogen Hub Industry Work Group; members; duties.