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H0167.........................................by TRANSPORTATION AND DEFENSE MOTOR FUELS TAX - Amends existing law regarding motor fuel taxes to allow certain special fuel users who primarily bear the cost of maintaining certain roads to exclude those roads as highways for all vehicles under their control; to clarify that certain motor vehicles not licensed for highway use are entitled to a refund; and to authorize the State Tax Commission to reduce or eliminate certain reporting requirements from fuel importers and pipeline terminal operators. 02/07 House intro - 1st rdg - to printing 02/08 Rpt prt - to Transp 02/13 Rpt out - rec d/p - to 2nd rdg 02/14 2nd rdg - to 3rd rdg 02/16 3rd rdg - PASSED - 66-0-4 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Black, Boe, Marley, Wheeler Floor Sponsor -- Cuddy Title apvd - to Senate 02/19 Senate intro - 1st rdg - to Transp 03/02 Rpt out - rec d/p - to 2nd rdg 03/05 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 30-0-5 AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson, Cameron, Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stennett, Thorne, Wheeler, Whitworth NAYS -- None Absent and excused -- Burtenshaw, Darrington, Ipsen, Stegner, Williams Floor Sponsor -- Thorne Title apvd - to House 03/19 To enrol 03/20 Rpt enrol - Sp signed 03/21 Pres signed - to Governor 03/22 Governor signed Session Law Chapter 104 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 167 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO MOTOR FUELS TAX; AMENDING SECTION 63-2401, IDAHO CODE, TO MODIFY 3 THE DEFINITION OF "HIGHWAY" TO ALLOW CERTAIN OPERATORS TO EXCLUDE CERTAIN 4 ROADS AS HIGHWAYS; AMENDING SECTION 63-2410, IDAHO CODE, TO CLARIFY THE 5 EXEMPTION FOR FUEL USED IN UNLICENSED VEHICLES; AND AMENDING SECTION 6 63-2436, IDAHO CODE, TO AUTHORIZE THE STATE TAX COMMISSION TO REDUCE 7 INFORMATION REPORTING FROM CERTAIN CARRIERS; AND AMENDING SECTION 63-2437, 8 IDAHO CODE, TO AUTHORIZE THE STATE TAX COMMISSION TO REDUCE INFORMATION 9 REPORTING FROM FUEL TERMINALS. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 63-2401, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 63-2401. DEFINITIONS. In this chapter: 14 (1) "Aircraft engine fuel" means: 15 (a) Aviation gasoline, defined as any mixture of volatile hydrocarbons 16 used in aircraft reciprocating engines; and 17 (b) Jet fuel, defined as any mixture of volatile hydrocarbons used in 18 aircraft turbojet and turboprop engines. 19 (2) "Bond" means: 20 (a) A surety bond, in an amount required by this chapter, duly executed 21 by a surety company licensed and authorized to do business in this state 22 conditioned upon faithful performance of all requirements of this chapter, 23 including the payment of all taxes, penalties and other obligations aris- 24 ing out of the provisions of this chapter; or 25 (b) A deposit with the commission by any person required to be licensed 26 pursuant to this chapter under terms and conditions as the commission may 27 prescribe, of a like amount of lawful money of the United States or bonds 28 or other obligations of the United States, the state of Idaho, or any 29 county of the state; or 30 (c) An irrevocable letter of credit issued to the commission by a bank 31 doing business in this state payable to the state upon failure of the per- 32 son on whose behalf it is issued to remit any payment due under the provi- 33 sions of this chapter. 34 (3) "Commercial motor boat" means any boat, equipped with a motor, which 35 is wholly or partly used in a profit-making enterprise or in an enterprise 36 conducted with the intent of making a profit. 37 (4) "Commission" means the state tax commission of the state of Idaho. 38 (5) "Distributor" means any person who receives gasoline, special fuels, 39 and/or aircraft fuel in this state, and includes a special fuels dealer. Any 40 person who sells or receives gaseous fuels will not be considered a distribu- 41 tor unless the gaseous fuel is delivered into the fuel supply tank or tanks of 42 a motor vehicle not then owned or controlled by him. 43 (6) "Dyed fuel" means diesel fuel that is dyed pursuant to requirements 2 1 of the internal revenue service, or the environmental protection agency. 2 (7) "Exported" means delivered by truck or rail across the boundaries of 3 this state by or for the seller or purchaser from a place of origin in this 4 state. 5 (8) "Gasohol" means gasoline containing a mixture of no more than ten 6 percent (10%) blend anhydrous ethanol. 7 (9) "Gasoline" means any mixture of volatile hydrocarbons suitable as a 8 fuel for the propulsion of motor vehicles or motor boats. "Gasoline" also 9 means aircraft engine fuels when used for the operation or propulsion of motor 10 vehicles or motor boats and includes gasohol, but does not include special 11 fuels. 12 (10) "Highways" means every place of whatever nature open to the use of 13 the public as a matter of right for the purpose of vehicular travel which is 14 maintained by the state of Idaho or an agency or taxing subdivision or unit 15 thereof or the federal government or an agency or instrumentality thereof. 16 Provided, however, if the cost of maintaining a roadway is primarily borne by 17 a special fuels user who operates motor vehiclesover twenty-six thousand18(26,000) pounds maximum gross weighton that roadway pursuant to a written 19 contract during any period of time that a special fuels tax liability accrues 20 to the user, such a roadway shall not be considered a "highway" for any pur- 21 pose related to calculating that user's special fuel's tax liability or 22 refund. 23 (11) "Imported" means delivered by truck or rail across the boundaries of 24 this state by or for the seller or purchaser from a place of origin outside 25 this state. 26 (12) "International fuel tax agreement" and "IFTA" mean the international 27 fuel tax agreement required by the intermodal surface transportation effi- 28 ciency act of 1991, Public Law 102-240, 105 Stat. 1914, including subsequent 29 amendments to that agreement. 30 (13) "Jurisdiction" means a state of the United States, the District of 31 Columbia, or a province or territory of Canada. 32 (14) "Licensed distributor" means any distributor who has obtained a 33 license under the provisions of section 63-2427A, Idaho Code. 34 (15) "Motor fuel" means gasoline, special fuels, aircraft engine fuels or 35 any other fuels suitable for the operation or propulsion of motor vehicles, 36 motor boats or aircraft. 37 (16) "Motor vehicle" means every self-propelled vehicle designed for oper- 38 ation, or required to be licensed for operation, upon a highway. 39 (17) "Person" means any individual, firm, fiduciary, copartnership, asso- 40 ciation, corporation, governmental instrumentality including the state and all 41 of its agencies and political subdivisions, or any other group or combination 42 acting as a unit, and the plural as well as the singular number, unless the 43 intent to give a more limited meaning is disclosed by the context. Whenever 44 used in any clause prescribing and imposing a fine or imprisonment, or both, 45 the term "person" as applied to an association means the partners or members, 46 and as applied to corporations, the officers. 47 (18) "Recreational vehicle" means a snowmobile as defined in section 48 67-7101, Idaho Code; a motor driven cycle or motorcycle as defined in section 49 49-114, Idaho Code; and any vehicular type unit either as an integral part of, 50 or required for the movement of, units defined in section 39-4105(15), Idaho 51 Code. 52 (19) "Retail dealer" means any person engaged in the retail sale of motor 53 fuels to the public or for use in the state. 54 (20) "Special fuels" means: 55 (a) All fuel suitable as fuel for diesel engines; 3 1 (b) A compressed or liquified gas obtained as a byproduct in petroleum 2 refining or natural gasoline manufacture, such as butane, isobutane, pro- 3 pane, propylene, butylenes, and their mixtures; and 4 (c) Natural gas, either liquid or gas, and hydrogen, used for the genera- 5 tion of power for the operation or propulsion of motor vehicles. 6 (21) "Special fuels dealer" means "distributor" under subsection (5) of 7 this section. 8 (22) "Special fuels user" means any person who uses or consumes special 9 fuels for the operation or propulsion of motor vehicles owned or controlled by 10 him upon the highways of this state. 11 (23) "Use" means either: 12 (a) The receipt, delivery or placing of fuels by a licensed distributor 13 or a special fuels dealer into the fuel supply tank or tanks of any motor 14 vehicle not owned or controlled by him while the vehicle is within this 15 state; or 16 (b) The consumption of fuels in the operation or propulsion of a motor 17 vehicle on the highways of this state. 18 SECTION 2. That Section 63-2410, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 63-2410. REFUND OF GASOLINE TAX PROCEDURE. (1) Any person who shall pur- 21 chase fifty (50) gallons or more, and use the gasoline in motor vehicles oper- 22 ated on highways outside of the state of Idaho where a duplicate tax is 23 assessed for the same gasoline, shall be entitled to refund when a claim is 24 presented to the commission in the manner required in subsection (5)(c) of 25 this section. Claimant shall present to the commission a statement accompanied 26 by a verification of the use determined by an audit of his operations con- 27 ducted as prescribed by the tax commission; or his claim may be verified by 28 the filing of a receipt or proof showing the payment of tax on the gasoline 29 used in any other state. 30 (2) Any person who shall purchase within any one (1) calendar year fifty 31 (50) gallons or more of gasoline used for the purposes described in this sub- 32 section shall be entitled to be refunded the amount of gasoline tax previously 33 paid on that gasoline. Exempt uses are: 34 (a) Operating stationary gasoline engines; 35 (b) Propelling equipment or vehicles, other than motor vehicles,which 36 are not licensed to be operated on a highway; and 37 (c) Operating commercial motor boats. 38 (3) No refund of gasoline tax shall be allowed for any gasoline which is: 39 (a) Used in motor vehicles required to be licensed or used in any motor 40 vehicle exempt from registration by reason of the ownership or residence; 41 or 42 (b) Aircraft engine fuel placed in aircraft, provided however, if tax has 43 been paid at the rate provided in section 63-2405, Idaho Code, on any 44 motor fuel placed in the fuel supply tank of an aircraft the user of the 45 fuel may apply for a refund of the difference between the tax paid on the 46 fuel and the tax imposed in section 63-2408, Idaho Code; or 47 (c) Gasoline used in recreational vehicles; or 48 (d) Gasoline used in noncommercial motor boats or in boats operated by a 49 governmental entity. 50 (4) Any licensed distributor paying the gasoline tax and/or aircraft 51 engine fuel tax to the state of Idaho erroneously shall be allowed a credit or 52 refund of the amount of tax paid by him if a written claim for refund is filed 53 with the commission within three (3) years after the date those taxes were 4 1 paid. Such credit or refund shall include interest at the rate established in 2 section 63-3045, Idaho Code, computed from the date taxes to be refunded or 3 credited were paid to the commission. 4 (5) (a) All claims for refund of gasoline taxes arising under subsection 5 (1), (2) or (3)(b) of this section shall be filed in conjunction with the 6 claimant's income tax return due pursuant to chapter 30, title 63, Idaho 7 Code. The gasoline tax refund claimed shall be tax paid on gasoline actu- 8 ally purchased during the taxable year to which the income tax return 9 relates. The gasoline tax refund due shall be offset against any other 10 taxes, penalties or interest due before any balance is refunded by the 11 commission to the claimant. Subject to a limitation as to the amount of 12 refund to be claimed as the commission may provide by rule, refund claims 13 may be submitted and paid on a monthly basis and reconciled on the income 14 tax return when it is filed. 15 (b) If a claimant is not required to file an income tax return, the 16 refund claim shall be made on forms and in the manner as the commission 17 may provide. The claim shall relate to taxes paid on gasoline actually 18 purchased in the calendar year preceding the filing and the claim shall be 19 filed on or before April 15 following the close of the calendar year. 20 (c) Claims for refunds under subsection (1) or (2) of this section shall 21 be filed within the time and in the manner prescribed in section 63-3072, 22 Idaho Code. Such credit or refund shall include interest at the rate 23 established in section 63-3045, Idaho Code, computed from sixty (60) days 24 following the later of the due date of the claimed refund under subsection 25 (5)(a) or (5)(b) of this section or the filing of the claim. 26 (d) The commission may require that all claims be accompanied by the 27 original signed invoice or invoices issued to the claimant, showing the 28 total amount of gasoline on which a refund is claimed and the reason, the 29 amount of the tax and any additional information required by the commis- 30 sion. Each separate delivery shall constitute a purchase and a separate 31 invoice shall be prepared, at least in duplicate, to cover the delivery. 32 All invoices, except those prepared by a computer or similar machine, 33 shall be prepared in ink or double-spaced carbon shall be used between the 34 original and first duplicate. 35 (6) (a) Should the commission find that the claim contains errors, it may 36 correct the claim and approve it as corrected, or the commission may 37 require the claimant to file an amended claim. The commission may require 38 any person who makes a claim for refund to furnish a statement under oath, 39 giving his occupation, description of the machine or equipment in which 40 the gasoline was used, the place where used and any other information as 41 the commission may require. If the commission determines that any claim 42 has been fraudulently presented, or is supported by an invoice or invoices 43 fraudulently made or altered, or that any statement in the claim or affi- 44 davit is willfully false and made for the purpose of misleading, the com- 45 mission may reject the claim in full. If the claim is rejected, the com- 46 mission may suspend the claimant's right to any refund for purchases made 47 during a period not to exceed one (1) year beginning with the date the 48 rejected claim was filed, and it shall take all other action deemed appro- 49 priate. 50 (b) The commission has authority, in order to establish the validity of 51 any claim, to examine the books and records of the claimant for that pur- 52 pose, and failure of the claimant to accede to the demand for the examina- 53 tion may constitute a waiver of all rights to the refund claimed. 54 (7) In the event of the loss or destruction of the original invoice or 55 invoices, the person claiming a refund may submit a duplicate copy of the 5 1 invoice certified by the vendor, but payment based on the duplicate invoice 2 shall not be made until one (1) year after the date on which the gasoline was 3 purchased. 4 SECTION 3. That Section 63-2436, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 63-2436. REPORTS OF IMPORTATIONS BY CARRIER -- CONTENTS. The commission 7 may require aAny railroad or other common carrier, or contract carrier, or any 8 person, other than a licensee, who makes delivery in this state of any gaso- 9 line, aircraft engine fuel or special fuelsshallto report in writing to the 10 commission, not later than the last day of each calendar month, all the deliv- 11 eries for the preceding calendar month. The commission may require information 12 in the reportsshallto include the place of origin and place of destination 13 of the gasoline, aircraft engine fuel or special fuels delivered, the names 14 and addresses of consignors and consignees, loading ticket numbers, number of 15 gallons delivered, and any other information the commission may require. 16 SECTION 4. That Section 63-2437, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 63-2437. INSTATE PIPELINE TERMINAL AND STORAGE REPORTS. The commission 19 may require aAmonthly reportforfrom each pipeline terminal located in this 20 stateshall be submitted to the commissionnot later than the last day of the 21samenext succeeding calendar month. The commission may require information in 22 the reportshallto include the date of withdrawal, bill of lading number, 23 manifest number, or loading ticket number and the origin, consignee, con- 24 signor, transportation company, and number of gallons separately indicated of 25 gasoline, aircraft engine fuel and special fuels and any other information as 26 the commission may require.
STATEMENT OF PURPOSE R.S. 10467 This bill makes changes to the motor fuels tax statutes: 1. It modifies the definition of "highway" to allow loggers who pay the cost of maintaining logging road to exclude such roads as highways for all vehicles and not just for those over 26,000 pounds. 2. It modifies the provision for refunds of tax paid on fuel used off-highway to more clearly distinguish between licensed and unlicensed motor vehicles. As presently worded the statute appears to deny refunds of unlicensed motor vehicles used off- road. 3. Authorizes the State Tax Commission to reduce or eliminate reports currently mandated by statutes from fuel terminal operators and carriers importing fuel. FISCAL NOTE None CONTACT Name: Dan John/Ted Spangler Agency: State Tax Commission Phone: 334-7530 STATEMENT OF PURPOSE/FISCAL NOTE H 16