§ 66-482 — Terms, defined

Nebraska § 66-482

• Jurisdiction: Nebraska
• Ch. 66: Oils, Fuels, and Energy

Text

For purposes of sections 66-482 to 66-4,149 :
(1) Agricultural ethyl alcohol means ethyl alcohol produced from cereal grains or agricultural commodities grown within the continental United States and which is a finished product that is a nominally anhydrous ethyl alcohol meeting American Society for Testing and Materials D4806 standards. For the purpose of sections 66-482 to 66-4,149 , the purity of the ethyl alcohol shall be determined excluding denaturant, and the volume of alcohol blended with gasoline for motor vehicle fuel shall include the volume of any denaturant required pursuant to law;
(2) Alcohol blend means a blend of agricultural ethyl alcohol in gasoline or other motor vehicle fuel, such blend to contain not less than five percent by volume of alcohol;
(3) Biodiesel means mono-alkyl esters of long-chain fatty acids derived from vegetable oils or animal fats which conform to American Society for Testing and Materials D6751 specifications for use in diesel engines. Biodiesel refers to the pure fuel before blending with diesel fuel;
(4) Biodiesel facility means a plant which produces biodiesel;
(5) Biomass feedstock means sugar, starch, polysaccharide, glycerin, lignin, fat, grease, or oil derived from plants, animals, or algae or a protein capable of being converted to a building block chemical by means of a biological or chemical conversion process;
(6) Commercial electric vehicle charging station has the same meaning as in section 70-1001.01 ;
(7) Commercial electric vehicle charging station operator has the same meaning as in section 70-1001.01 ;
(8) Compressed fuel has the same meaning as in section 66-6,100 ;
(9) Department means the Department of Revenue;
(10) Diesel fuel means all combustible liquids and biodiesel which are suitable for the generation of power for diesel-powered vehicles, except that diesel fuel does not include kerosene;
(11) Distributor means any person who acquires ownership of motor fuels directly from a producer or supplier at or from a barge, barge line, pipeline terminal, or ethanol or biodiesel facility in this state;
(12) Ethanol facility means a plant which produces agricultural ethyl alcohol;
(13) Exporter means any person who acquires ownership of motor fuels from any licensed producer, supplier, distributor, wholesaler, or importer exclusively for use or resale in another state;
(14) Gross gallons means measured gallons without adjustment or correction for temperature or barometric pressure;
(15) Highway means every way or place generally open to the use of the public for the purpose of vehicular travel, even though such way or place may be temporarily closed or travel thereon restricted for the purpose of construction, maintenance, repair, or reconstruction;
(16) Importer means any person who owns motor fuels at the time such fuels enter the State of Nebraska by any means other than barge, barge line, or pipeline. Importer does not include a person who imports motor fuels in a tank directly connected to the engine of a motor vehicle, train, watercraft, or airplane for purposes of providing fuel to the engine to which the tank is connected;
(17) Kerosene means kerosene meeting the specifications as found in the American Society for Testing and Materials publication D3699 entitled Standard Specification for Kerosene;
(18) Motor fuels means motor vehicle fuel, diesel fuel, aircraft fuel, or compressed fuel;
(19) Motor vehicle has the same meaning as in section 60-339 ;
(20) Motor vehicle fuel includes all products and fuel commonly or commercially known as gasoline, including casing head or natural gasoline, and includes any other liquid and such other volatile and inflammable liquids as may be produced, compounded, or used for the purpose of operating or propelling motor vehicles, motorboats, or aircraft or as an ingredient in the manufacture of such fuel. Motor vehicle fuel includes agricultural ethyl alcohol produced for use as a motor vehicle fuel. Motor vehicle fuel does not include the products commonly known as methanol, kerosene oil, kerosene distillate, crude petroleum, naphtha, and benzine with a boiling point over two hundred degrees Fahrenheit, residuum gas oil, smudge oil, leaded automotive racing fuel with an American Society of Testing Materials research method octane number in excess of one hundred five, and any petroleum product with an initial boiling point under two hundred degrees Fahrenheit, a ninety-five percent distillation (recovery) temperature in excess of four hundred sixty-four degrees Fahrenheit, an American Society of Testing Materials research method octane number less than seventy, and an end or dry point of distillation of five hundred seventy degrees Fahrenheit maximum;
(21) Person means any individual, firm, partnership, limited liability company, company, agency, association, corporation, state, county, municipality, or other political subdivision. Whenever a fine or imprisonment is prescribed or imposed in sections 66-482 to 66-4,149 , the word person as applied to a partnership, a limited liability company, or an association means the partners or members thereof;
(22) Producer means any person who manufactures agricultural ethyl alcohol or biodiesel at an ethanol or biodiesel facility in this state;
(23) Retailer means any person who acquires motor fuels from a producer, supplier, distributor, wholesaler, or importer for resale to consumers of such fuel;
(24) Semiannual period means either the period which begins on January 1 and ends on June 30 of each year or the period which begins on July 1 and ends on December 31 of each year;
(25) Supplier means any person who owns motor fuels imported by barge, barge line, or pipeline and stored at a barge, barge line, or pipeline terminal in this state; and
(26) Wholesaler means any person, other than a producer, supplier, distributor, or importer, who acquires motor fuels for resale.

Legislative History

Source: Laws 1925, c. 172, § 1, p. 448; Laws 1929, c. 150, § 1, p. 525; C.S.1929, § 66-401; Laws 1935, c. 3, § 15, p. 63; Laws 1935, Spec. Sess., c. 13, § 1, p. 86; Laws 1939, c. 86, § 1, p. 366; C.S.Supp.,1941, § 66-401; R.S.1943, § 66-401; Laws 1955, c. 246, § 1, p. 777; Laws 1963, c. 377, § 1, p. 1214; Laws 1963, c. 375, § 2, p. 1206; Laws 1981, LB 360, § 1; Laws 1987, LB 523, § 5; Laws 1988, LB 1039, § 1; R.S.1943, (1990), § 66-401; Laws 1991, LB 627, § 9; Laws 1993, LB 121, § 395; Laws 1994, LB 1160, § 55; Laws 1995, LB 182, § 28; Laws 1996, LB 1121, § 1; Laws 1998, LB 1161, § 14; Laws 2004, LB 479, § 1; Laws 2004, LB 983, § 5; Laws 2005, LB 274, § 267; Laws 2008, LB846, § 2; Laws 2014, LB851, § 6; Laws 2019, LB512, § 3; Laws 2024, LB937, § 64; Laws 2024, LB1317, § 63. Cross References: For additional definitions, see section 66-712. Annotations: Motor fuels tax law is constitutional. State v. Cheyenne County, 127 Neb. 619, 256 N.W. 67 (1934). Dry cleaner's solvents capable of use for operating motor vehicles are subject to tax. Pantorium v. McLaughlin, 116 Neb. 61, 215 N.W. 798 (1927). The Nebraska gasoline tax is an excise tax upon use of gasoline, and is collected for convenience from the dealer. Standard Oil Co. v. Kurtz, 330 F.2d 178 (8th Cir. 1964).