(Reprinted with amendments adopted on April 17, 2003)

 

Assembly Bill No. 346–Assemblyman Carpenter
(by request)

 

March 17, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Revises provisions governing operation or maintenance of vehicles on highways in this state using dyed special fuel. (BDR 32‑180)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to special fuel; revising the provisions governing the operation or maintenance of a vehicle on a highway in this state using dyed special fuel; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 366.203 is hereby amended to read as follows:

1-2  366.203  1.  Special fuel, other than compressed natural gas,

1-3  liquefied petroleum gas or kerosene, which is exempt from the tax

1-4  pursuant to subsection 3 or 4 of NRS 366.200 must be dyed before it

1-5  is removed for distribution from a rack. The dye added to the

1-6  exempt special fuel must be of the color and concentration required

1-7  by the regulations adopted by the Secretary of the Treasury pursuant

1-8  to 26 U.S.C. § 4082.

1-9  2.  Except as otherwise provided in subsections 3 [and 4,] , 4

1-10  and 5, a person shall not operate or maintain on any highway in this

1-11  state a motor vehicle which contains in the fuel tank of that vehicle

1-12  special fuel which has been dyed.

1-13      3.  A person who, pursuant to subsection 2, 3 or 4 of NRS

1-14  366.200 , is exempt from the tax imposed by this chapter[,] may

1-15  operate or maintain a motor vehicle on a highway in this state which

2-1  contains in the fuel tank of that vehicle special fuel which has been

2-2  dyed.

2-3  4.  [A] To the extent permitted by federal law, a person may

2-4  operate or maintain on a highway in this state any special mobile

2-5  equipment or farm equipment that contains in the fuel tank of the

2-6  special mobile equipment or farm equipment special fuel which has

2-7  been dyed. As used in this subsection:

2-8  (a) “Farm equipment” means any self-propelled machinery or

2-9  motor vehicle that is designed solely for tilling soil or for

2-10  cultivating, harvesting or transporting crops or other agricultural

2-11  products from a field or other area owned or leased by the operator

2-12  of the farm equipment and in which the crops or agricultural

2-13  products are grown, to a field, yard, silo, cellar, shed or other facility

2-14  which is:

2-15          (1) Owned or leased by the operator of the farm equipment;

2-16  and

2-17          (2) Used to store or process the crops or agricultural

2-18  products.

2-19  The term includes a tractor, baler or swather or any implement used

2-20  to retrieve hay.

2-21      (b) “Highway” does not include a controlled-access highway as

2-22  defined in NRS 484.041.

2-23      5.  To the extent authorized by federal law, a person may

2-24  operate or maintain a motor vehicle on a highway in this state that

2-25  contains in the fuel tank special fuel which has been dyed if the

2-26  motor vehicle is used only to cross the highway to travel from one

2-27  parcel of land owned or controlled by the person to another parcel

2-28  of land owned or controlled by the person.

2-29      6. There is a rebuttable presumption that all special fuel which

2-30  has not been dyed and which is sold or distributed in this state is for

2-31  the purpose of propelling a motor vehicle.

2-32      Sec. 2.  This act becomes effective on July 1, 2003.

 

2-33  H