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H0426.........................................by TRANSPORTATION AND DEFENSE GASOHOL/DIESEL FUEL - TAX - Amends existing law to delete the preferential tax rate for gasohol and diesel fuel containing agricultural products; to define "biodiesel"; to provide a deduction for gasohol and biodiesel not exceeding ten percent of the total gallons of gasohol or biodiesel reported; and to clarify the three year statute of limitations on refund claims for motor fuel taxes. 01/15 House intro - 1st rdg - to printing 01/16 Rpt prt - to Transp 01/23 Rpt out - rec d/p - to 2nd rdg 01/24 2nd rdg - to 3rd rdg 01/28 3rd rdg - PASSED - 68-1-1 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, 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, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young, Mr. Speaker NAYS -- Sali Absent and excused -- Wood Floor Sponsor - Pischner Title apvd - to Senate 01/29 Senate intro - 1st rdg - to Transp 02/06 Rpt out - rec d/p - to 2nd rdg 02/07 2nd rdg - to 3rd rdg 02/11 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- Geddes, Richardson Floor Sponsor - Boatright Title apvd - to House 02/12 To enrol 02/13 Rpt enrol - Sp signed 02/14 Pres signed 02/15 To Governor 02/19 Governor signed Session Law Chapter 30 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 426 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO FUELS TAX LAW; AMENDING SECTION 63-2401, IDAHO CODE, TO DEFINE 3 "BIODIESEL" AND TO EXPAND THE DEFINITIONS OF "INTERNATIONAL FUEL TAX 4 AGREEMENT," "JURISDICTION" AND "PERSON"; AMENDING SECTION 63-2405, IDAHO 5 CODE, TO DELETE THE PREFERENTIAL TAX RATE FOR GASOHOL AND DIESEL FUEL CON- 6 TAINING AGRICULTURAL PRODUCTS; AMENDING SECTION 63-2407, IDAHO CODE, TO 7 PROVIDE A DEDUCTION FOR GASOHOL AND BIODIESEL NOT EXCEEDING TEN PERCENT OF 8 THE TOTAL GALLONS OF GASOHOL OR BIODIESEL REPORTED AND TO MAKE TECHNICAL 9 CORRECTIONS; AMENDING SECTION 63-2410, IDAHO CODE, TO CLARIFY THE THREE 10 YEAR STATUTE OF LIMITATION OF REFUND CLAIMS FOR MOTOR FUEL TAXES; AND 11 AMENDING SECTIONS 63-2421, 63-2438, 63-2440 AND 63-2441, IDAHO CODE, TO 12 DELETE OBSOLETE LANGUAGE IN REFERENCE TO TEMPORARY TRIP PERMITS. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 63-2401, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 63-2401. DEFINITIONS. In this chapter: 17 (1) "Aircraft engine fuel" means: 18 (a) Aviation gasoline, defined as any mixture of volatile hydrocarbons 19 used in aircraft reciprocating engines; and 20 (b) Jet fuel, defined as any mixture of volatile hydrocarbons used in 21 aircraft turbojet and turboprop engines. 22 (2) "Biodiesel" means any fuel or mixture of fuels that is: 23 (a) Derived in whole or in part from agricultural products or animal fats 24 or the wastes of such products; and 25 (b) Suitable for use as fuel in diesel engines. 26 (3) "Bond" means: 27 (a) A surety bond, in an amount required by this chapter, duly executed 28 by a surety company licensed and authorized to do business in this state 29 conditioned upon faithful performance of all requirements of this chapter, 30 including the payment of all taxes, penalties and other obligations aris- 31 ing out of the provisions of this chapter; or 32 (b) A deposit with the commission by any person required to be licensed 33 pursuant to this chapter under terms and conditions as the commission may 34 prescribe, of a like amount of lawful money of the United States or bonds 35 or other obligations of the United States, the state of Idaho, or any 36 county of the state; or 37 (c) An irrevocable letter of credit issued to the commission by a bank 38 doing business in this state payable to the state upon failure of the per- 39 son on whose behalf it is issued to remit any payment due under the provi- 40 sions of this chapter. 41 (34) "Commercial motor boat" means any boat, equipped with a motor, which 42 is wholly or partly used in a profit-making enterprise or in an enterprise 43 conducted with the intent of making a profit. 2 1 (45) "Commission" means the state tax commission of the state of Idaho. 2 (56) "Distributor" means any person who receives gasoline, special fuels, 3 and/or aircraft fuel in this state, and includes a special fuels dealer. Any 4 person who sells or receives gaseous fuels will not be considered a distribu- 5 tor unless the gaseous fuel is delivered into the fuel supply tank or tanks of 6 a motor vehicle not then owned or controlled by him. 7 (67) "Dyed fuel" means diesel fuel that is dyed pursuant to requirements 8 of the internal revenue service, or the environmental protection agency. 9 (78) "Exported" means delivered by truck or rail across the boundaries of 10 this state by or for the seller or purchaser from a place of origin in this 11 state. 12 (89) "Gasohol" means gasoline containing a mixture of no more than ten 13 percent (10%) blend anhydrous ethanol. 14 (910) "Gasoline" means any mixture of volatile hydrocarbons suitable as a 15 fuel for the propulsion of motor vehicles or motor boats. "Gasoline" also 16 means aircraft engine fuels when used for the operation or propulsion of motor 17 vehicles or motor boats and includes gasohol, but does not include special 18 fuels. 19 (101) "Highways" means every place of whatever nature open to the use of 20 the public as a matter of right for the purpose of vehicular travel which is 21 maintained by the state of Idaho or an agency or taxing subdivision or unit 22 thereof or the federal government or an agency or instrumentality thereof. 23 Provided, however, if the cost of maintaining a roadway is primarily borne by 24 a special fuels user who operates motor vehicles on that roadway pursuant to a 25 written contract during any period of time that a special fuels tax liability 26 accrues to the user, such a roadway shall not be considered a "highway" for 27 any purpose related to calculating that user's special fuel's tax liability or 28 refund. 29 (112) "Imported" means delivered by truck or rail across the boundaries of 30 this state by or for the seller or purchaser from a place of origin outside 31 this state. 32 (123) "International fuel tax agreement" and "IFTA" mean the international 33 fuel tax agreement required by the intermodal surface transportation effi- 34 ciency act of 1991, Public Law 102-240, 105 Stat. 1914, and referred to in 35 title 49, U.S.C., section 31701, including subsequent amendments to that 36 agreement. 37 (134) "Jurisdiction" means a state of the United States, the District of 38 Columbia,ora province or territory of Canada, or a state, territory or 39 agency of Mexico in the event that the state, territory or agency participates 40 in the international fuel tax agreement. 41 (145) "Licensed distributor" means any distributor who has obtained a 42 license under the provisions of section 63-2427A, Idaho Code. 43 (156) "Motor fuel" means gasoline, special fuels, aircraft engine fuels or 44 any other fuels suitable for the operation or propulsion of motor vehicles, 45 motor boats or aircraft. 46 (167) "Motor vehicle" means every self-propelled vehicle designed for 47 operation, or required to be licensed for operation, upon a highway. 48 (178) "Person" means any individual, firm, fiduciary, copartnership, asso- 49 ciation, limited liability company, corporation, governmental instrumentality 50 including the state and all of its agencies and political subdivisions, or any 51 other group or combination acting as a unit, and the plural as well as the 52 singular number, unless the intent to give a more limited meaning is disclosed 53 by the context. Whenever used in any clause prescribing and imposing a fine or 54 imprisonment, or both, the term "person" as applied to an association means 55 the partners or members, and as applied to corporations, the officers. 3 1 (189) "Recreational vehicle" means a snowmobile as defined in section 2 67-7101, Idaho Code; a motor driven cycle or motorcycle as defined in section 3 49-114, Idaho Code; and any vehicular type unit either as an integral part of, 4 or required for the movement of, units defined in section 39-4105(15), Idaho 5 Code. 6 (1920) "Retail dealer" means any person engaged in the retail sale of 7 motor fuels to the public or for use in the state. 8 (201) "Special fuels" means: 9 (a) All fuel suitable as fuel for diesel engines; 10 (b) A compressed or liquified gas obtained as a byproduct in petroleum 11 refining or natural gasoline manufacture, such as butane, isobutane, pro- 12 pane, propylene, butylenes, and their mixtures; and 13 (c) Natural gas, either liquid or gas, and hydrogen, used for the genera- 14 tion of power for the operation or propulsion of motor vehicles. 15 (212) "Special fuels dealer" means "distributor" under subsection (56) of 16 this section. 17 (223) "Special fuels user" means any person who uses or consumes special 18 fuels for the operation or propulsion of motor vehicles owned or controlled by 19 him upon the highways of this state. 20 (234) "Use" means either: 21 (a) The receipt, delivery or placing of fuels by a licensed distributor 22 or a special fuels dealer into the fuel supply tank or tanks of any motor 23 vehicle not owned or controlled by him while the vehicle is within this 24 state; or 25 (b) The consumption of fuels in the operation or propulsion of a motor 26 vehicle on the highways of this state. 27 SECTION 2. That Section 63-2405, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 63-2405. IMPOSITION OF TAX.(1)An excise tax is hereby imposed on all 30 gasoline received. The tax is to be paid by the licensed distributor, and mea- 31 sured by the total number of gallons of gasoline received by him, at the rate 32 of twenty-five cents (25) per gallon. That tax, together with any penalty 33 and/or interest due, shall be remitted with the monthly distributor's report 34 required in section 63-2406, Idaho Code. 35(2) The excise tax rate set forth in this section shall, when applied to36gasohol or to special fuels designed for use in diesel engines, be reduced by37the same percentage that the quantity of denatured anhydrous ethanol contained38in the gasoline or, in the case of special fuels the quantity of such special39fuel which is derived from agricultural products or the wastes of such prod-40ucts, bears to the total fuel subject to tax. Provided however, in no event41shall the rate set forth in this section be reduced more than ten percent42(10%).43 SECTION 3. That Section 63-2407, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 63-2407. DEDUCTIONS AUTHORIZED. Each licensed distributor shall deduct 46 from his monthly report: 47 (1) Motor fuel exported from this state other than in the supply tanks of 48 motor vehicles, motor boats or aircraft when supported by a shipping document, 49 an invoice signed by the purchaser, or other proper documents approved by the 50 commission but only if: 51 (a)tThe purchaser is not a licensed distributor and the seller can 4 1 establish that any tax due in the jurisdiction to which the motor fuel is 2 destined is paid,; or 3 (b)tThe purchaser is a licensed distributor in the jurisdiction to which 4 the motor fuel is destined. 5 (2) Motor fuel returned to a licensed distributor's refinery or pipeline 6 terminal storage when supported by proper documents approved by the commis- 7 sion. 8 (3) Motor fuel lost or destroyed by fire, lightning, flood, tornado, 9 windstorm, explosion, or other accidental casualty, after presenting to the 10 commission satisfactory proof of loss. 11 (4) The number of gallons which would be equal to oneper centpercent 12 (1%) of the total number of gallons received during the reporting period, less 13 the total number of gallons deducted under subsections (1) through (3) of this 14 section, which credit is granted to the licensed distributor to reimburse him 15 for the expense incurred on behalf of the state of Idaho in collecting and 16 remitting motor fuel tax moneys, maintaining necessary records for the state, 17 preparing necessary reports and remittances in compliance with this chapter, 18 and for loss from evaporation, handling, spillage and shrinkage, except losses 19 caused by casualty as provided in subsection (3) of this section. The licensed 20 distributor may, in addition to the above, deduct the number of gallons equal 21 to oneper centpercent (1%) of the total number of gallons received during 22 the preceding calendar month, less the total number of gallons deducted under 23 subsections (1) through (3) of this section, to cover shrinkage, evaporation, 24 spillage and handling losses of a retail dealer. The latter deductions are to 25 be allowed only upon filing with the commission satisfactory evidence as may 26 be prescribed by it indicating the credit allowance has been made in favor of 27 the retail dealer or paid to him. The evidence shall be submitted together 28 with the report wherein this portion of the deduction is claimed. A licensed 29 distributor who sells and delivers motor fuel directly to the consumer and not 30 for resale shall, with respect to those sales, be deemed a retail dealer for 31 the purposes of this section. 32 (5) Motor fuel sold to the Idaho national guard for use in aircraft and 33 in vehicles used off public highways provided, however, such deduction is sup- 34 ported by an exemption certificate signed by an authorized officer of the 35 Idaho national guard. 36 (6) For sales made on or after July 1, 1995, taxes previously paid on 37 gallons represented by accounts found to be worthless and actually charged-off 38 for income tax purposes may be credited upon a subsequent payment of the tax 39 provided in this chapter or, if no such tax is due, refunded. If such accounts 40 are thereafter collected, the tax per gallon shall be paid based upon the 41 amount actually received divided by the price per gallon of the original sale 42 multiplied by the appropriate tax rate. 43 (7) In the case of motor fuel received during the reporting period and 44 included in the report that is: 45 (a) Gasohol, deduct the number of gallons of denatured anhydrous ethanol 46 contained in the gasohol. 47 (b) Biodiesel, in whole or in part, deduct the number of gallons of agri- 48 cultural products or animal fats or the wastes of such products contained 49 in the fuel. 50 The deduction provided in this subsection shall not exceed ten percent (10%) 51 of (i) the volume of gasohol reported on the report or (ii) the special fuel 52 which is or contains biodiesel. 53 SECTION 4. That Section 63-2410, Idaho Code, be, and the same is hereby 54 amended to read as follows: 5 1 63-2410. REFUND OF GASOLINE TAX PROCEDURE. (1) Any person who shall pur- 2 chase fifty (50) gallons or more, and use the gasoline in motor vehicles 3 operated on highways outside of the state of Idaho where a duplicate tax is 4 assessed for the same gasoline, shall be entitled to refund when a claim is 5 presented to the commission in the manner required in subsection (5)(c) of 6 this section. Claimant shall present to the commission a statement accompanied 7 by a verification of the use determined by an audit of his operations con- 8 ducted as prescribed by the tax commission; or his claim may be verified by 9 the filing of a receipt or proof showing the payment of tax on the gasoline 10 used in any other state. 11 (2) Any person who shall purchase within any one (1) calendar year fifty 12 (50) gallons or more of gasoline used for the purposes described in this sub- 13 section shall be entitled to be refunded the amount of gasoline tax previously 14 paid on that gasoline. Exempt uses are: 15 (a) Operating stationary gasoline engines; 16 (b) Propelling equipment or vehicles which are not licensed to be oper- 17 ated on a highway; and 18 (c) Operating commercial motor boats. 19 (3) No refund of gasoline tax shall be allowed for any gasoline which is: 20 (a) Used in motor vehicles required to be licensed or used in any motor 21 vehicle exempt from registration by reason of the ownership or residence; 22 or 23 (b) Aircraft engine fuel placed in aircraft, provided however, if tax has 24 been paid at the rate provided in section 63-2405, Idaho Code, on any 25 motor fuel placed in the fuel supply tank of an aircraft the user of the 26 fuel may apply for a refund of the difference between the tax paid on the 27 fuel and the tax imposed in section 63-2408, Idaho Code; or 28 (c) Gasoline used in recreational vehicles; or 29 (d) Gasoline used in noncommercial motor boats or in boats operated by a 30 governmental entity. 31 (4) Any licensed distributor paying the gasoline tax and/or aircraft 32 engine fuel tax to the state of Idaho erroneously shall be allowed a credit or 33 refund of the amount of tax paid by him if a written claim for refund is filed 34 with the commission within three (3) years after the date those taxes were 35 paid. Such credit or refund shall include interest at the rate established in 36 section 63-3045, Idaho Code, computed from the date taxes to be refunded or 37 credited were paid to the commission. 38 (5) (a) All claims for refund of gasoline taxes arising under subsection 39 (1), (2) or (3)(b) of this section shall be filed in conjunction with the 40 claimant's income tax return due pursuant to chapter 30, title 63, Idaho 41 Code. The gasoline tax refund claimed shall be tax paid on gasoline actu- 42 ally purchased during the taxable year to which the income tax return 43 relates. The gasoline tax refund due shall be offset against any other 44 taxes, penalties or interest due before any balance is refunded by the 45 commission to the claimant. Subject to a limitation as to the amount of 46 refund to be claimed as the commission may provide by rule, refund claims 47 may be submitted and paid on a monthly basis and reconciled on the income 48 tax return when it is filed. 49 (b) If a claimant is not required to file an income tax return, the 50 refund claim shall be made on forms and in the manner as the commission 51 may provide. The claim shall relate to taxes paid on gasoline actually 52 purchased in the calendar year preceding the filing and the claim shall be 53fileddue on or before April 15 following the close of the calendar year. 54 (c) Claims for refunds under subsection (1) or (2) of this section shall 55 be filedwithin the time andin the manner prescribed in section 63-3072, 6 1 Idaho Code. Such credit or refund shall include interest at the rate 2 established in section 63-3045, Idaho Code, computed from sixty (60) days 3 following the later of the due date of the claimed refund under subsection 4 (5)(a) or (5)(b) of this section or the filing of the claim. No refund 5 shall be paid under this section unless a written claim for such refund 6 has been filed with the commission within three (3) years after the due 7 date, including extensions, of the income tax return in regard to which 8 the claim relates or the due date of the claim established in paragraph 9 (b) of this subsection (5). 10 (d) The commission may require that all claims be accompanied by the 11 original signed invoice or invoices issued to the claimant, showing the 12 total amount of gasoline on which a refund is claimed and the reason, the 13 amount of the tax and any additional information required by the commis- 14 sion. Each separate delivery shall constitute a purchase and a separate 15 invoice shall be prepared, at least in duplicate, to cover the delivery. 16 All invoices, except those prepared by a computer or similar machine, 17 shall be prepared in ink or double-spaced carbon shall be used between the 18 original and first duplicate. 19 (6) (a) Should the commission find that the claim contains errors, it may 20 correct the claim and approve it as corrected, or the commission may 21 require the claimant to file an amended claim. The commission may require 22 any person who makes a claim for refund to furnish a statement under oath, 23 giving his occupation, description of the machine or equipment in which 24 the gasoline was used, the place where used and any other information as 25 the commission may require. If the commission determines that any claim 26 has been fraudulently presented, or is supported by an invoice or invoices 27 fraudulently made or altered, or that any statement in the claim or affi- 28 davit is willfully false and made for the purpose of misleading, the com- 29 mission may reject the claim in full. If the claim is rejected, the com- 30 mission may suspend the claimant's right to any refund for purchases made 31 during a period not to exceed one (1) year beginning with the date the 32 rejected claim was filed, and it shall take all other action deemed appro- 33 priate. 34 (b) The commission has authority, in order to establish the validity of 35 any claim, to examine the books and records of the claimant for that pur- 36 pose, and failure of the claimant to accede to the demand for the examina- 37 tion may constitute a waiver of all rights to the refund claimed. 38 (7) In the event of the loss or destruction of the original invoice or 39 invoices, the person claiming a refund may submit a duplicate copy of the 40 invoice certified by the vendor, but payment based on the duplicate invoice 41 shall not be made until one (1) year after the date on which the gasoline was 42 purchased. 43 SECTION 5. That Section 63-2421, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 63-2421. RETURNS AND PAYMENT OF USE TAX BY CONSUMERS. (1) Any person who 46 consumes special fuels in a motor vehicle licensed or required to be licensed 47 by the laws of this state, except for motor vehicles licensed under IFTA or 48 operating with a temporarytrippermit under section 49-432, Idaho Code, which 49 is subject to the tax imposed by section 63-2416, Idaho Code, shall report the 50 amount of tax liability and pay the taxes due in conjunction with his income 51 or franchise tax return due under the provisions of chapter 30, title 63, 52 Idaho Code, in the manner and form prescribed by the commission. Payment of 53 special fuels taxes shall be made in conjunction with any other taxes due on 7 1 that return and special fuels taxes due may be offset against refunds of any 2 other taxes shown on the return to be due the taxpayer. 3 (2) In the case of a person other than one who consumes special fuels in 4 a motor vehicle described in the exception in subsection (1) of this section 5 and not required to file a return under chapter 30, title 63, Idaho Code, who 6 is subject to the tax imposed by section 63-2416, Idaho Code, the tax shall be 7 paid annually, on a calendar year basis, in the manner and form required by 8 the commission. The return and payment for each calendar year shall be due on 9 or before April 15 of the immediately succeeding calendar year. 10 SECTION 6. That Section 63-2438, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 63-2438. INTERNATIONAL FUEL TAX AGREEMENT (IFTA) LICENSE. (1) It shall be 13 unlawful for any person to consume special fuels in the operation or propul- 14 sion of a motor vehicle over twenty-six thousand (26,000) pounds maximum gross 15 weight on the highways of this state unless such motor vehicle is: 16 (a) Licensed under the provisions of the international fuels tax agree- 17 ment; or 18 (b) Operating under a temporarytrippermit under section 49-432, Idaho 19 Code; or 20 (c) Registered solely for operation in this state under section 49-434, 21 Idaho Code, and is not a vehicle proportionally registered under section 22 49-435, Idaho Code. 23 (2) The application for an Idaho IFTA license shall be made to the com- 24 mission upon a form prepared and furnished by the commission and containing 25 such information as the commission deems necessary. Carriers based in other 26 IFTA jurisdictions must apply to their base jurisdiction to obtain an IFTA 27 license. 28 (3) No IFTA license shall be transferable. 29 (4) The commission may collect a fee for issuance of the IFTA license and 30 decal, which fee shall not exceed the cost of issuance. 31 SECTION 7. That Section 63-2440, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 63-2440. EXEMPTIONS FROM INTERNATIONAL FUEL TAX AGREEMENT LICENSE AND 34 REPORTS AND TEMPORARYTRIPPERMITS. (1) In lieu of obtaining an IFTA license, 35 any person operating a motor vehicle over twenty-six thousand (26,000) pounds 36 maximum gross weight, propelled by special fuels in this state, shall secure a 37 temporarytrippermit under section 49-432, Idaho Code, authorizing the opera- 38 tion of such vehicle in the state.for a period not to exceed ninety-six (96)39hours.The temporarytrippermit shall be obtained through the Idaho transpor- 40 tation department. The fees shall be those provided by section 49-432, Idaho 41 Code, and the revenues shall be distributed as provided by section 40-701, 42 Idaho Code. 43 (2) A motor vehicle owned or operated by another state of the United 44 States or an agency or political subdivision thereof shall be exempt from the 45 requirements of sections 63-2438 and 63-2439, Idaho Code, if the state where 46 the vehicle is owned grants a substantially similar exemption to vehicles 47 owned by the state of Idaho, its agencies or political subdivisions. 48 (3) Recreational vehicles, as defined in section 63-2401, Idaho Code, and 49 buses used exclusively for personal pleasure by an individual shall be exempt 50 from the requirements of sections 63-2438 and 63-2439, Idaho Code. A recre- 51 ational vehicle used in connection with any business or institutional endeavor 8 1 shall not qualify for the exemption under this subsection. 2 SECTION 8. That Section 63-2441, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 63-2441. PENALTIES. It shall be unlawful for any person to consume any 5 special fuels in the propulsion of a motor vehicle over twenty-six thousand 6 (26,000) pounds maximum gross weight on the highways of this state except as 7 provided in section 63-2438, Idaho Code, unless such person is exempt from 8 such requirement under section 63-2440, Idaho Code, or other provision of 9 state or federal law or, in the case of vehicles using gaseous fuel, has com- 10 plied with section 63-2424, Idaho Code. Such unlawful operation or the display 11 of any fictitious or counterfeit IFTA cab card or decal or any fictitious or 12 counterfeit temporarytrippermit or display of an IFTA cab card or decal 13 issued to a person other than the owner or operator or lessee of the vehicle 14 on which it is displayed shall be a misdemeanor and any person convicted 15 thereof may be punished in the manner provided by law.
STATEMENT OF PURPOSE R.S. 11467 This bill proposes several technical and other adjustments to the motor fuels tax laws. The preferential tax rates for gasohol and for diesel fuel containing agricultural products are changed to deductions. This provides distributors the same benefit but in a way that is administrable under the International Fuels Tax Agreement (IFTA). Fuel containing mixtures of agricultural and animal fats used in diesel engines is defined as "biodiesel." A single three-year statute of limitations on all claims for refunds of motor fuels taxes is provided. Provision is made for the potential inclusion of Mexican governments in IFTA in the event of implementation of the trucking provisions of the North American Free Trade Agreement. Conforming amendments are made to the definitions of "International Fuels Tax Agreement," and "person." References to temporary trip permits are changed to reflect last session's extension of these permits from 96 to 120 hours. FISCAL NOTE None. Name: Dan John / Ted Spangler Agency: State Tax Commission Phone: 334-7530 STATEMENT OF PURPOSE/FISCAL NOTE H 426