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H0684.........................................by TRANSPORTATION AND DEFENSE FUEL TAX REFUND - Amends existing law to provide that no refund of special fuels tax shall be paid on special fuels used while idling a registered motor vehicle; and to define "idling." 02/13 House intro - 1st rdg - to printing 02/16 Rpt prt - to Transp 02/17 Rpt out - rec d/p - to 2nd rdg 02/18 2nd rdg - to 3rd rdg 02/23 3rd rdg - PASSED - 68-1-1 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Kulczyk Absent and excused -- Gagner Floor Sponsor - Ridinger Title apvd - to Senate 02/24 Senate intro - 1st rdg - to Transp 03/05 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/17 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Noble Floor Sponsor - Keough Title apvd - to House 03/18 To enrol - Rpt enrol - Sp signed 03/19 Pres signed - To Governor 03/23 Governor signed Session Law Chapter 265 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 684 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO FUELS TAX CREDITS AND REFUNDS TO CONSUMERS; AMENDING SECTION 3 63-2401, IDAHO CODE, TO DEFINE "IDLING" AND TO MAKE A TECHNICAL CORREC- 4 TION; AND AMENDING SECTION 63-2423, IDAHO CODE, TO PROVIDE THAT NO REFUND 5 OF SPECIAL FUELS TAX SHALL BE PAID ON SPECIAL FUELS USED WHILE IDLING A 6 REGISTERED MOTOR VEHICLE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 63-2401, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 63-2401. DEFINITIONS. In this chapter: 11 (1) "Aircraft engine fuel" means: 12 (a) Aviation gasoline, defined as any mixture of volatile hydrocarbons 13 used in aircraft reciprocating engines; and 14 (b) Jet fuel, defined as any mixture of volatile hydrocarbons used in 15 aircraft turbojet and turboprop engines. 16 (2) "Biodiesel" means any fuel or mixture of fuels that is: 17 (a) Derived in whole or in part from agricultural products or animal fats 18 or the wastes of such products; and 19 (b) Suitable for use as fuel in diesel engines. 20 (3) "Bond" means: 21 (a) A surety bond, in an amount required by this chapter, duly executed 22 by a surety company licensed and authorized to do business in this state 23 conditioned upon faithful performance of all requirements of this chapter, 24 including the payment of all taxes, penalties and other obligations aris- 25 ing out of the provisions of this chapter; or 26 (b) A deposit with the commission by any person required to be licensed 27 pursuant to this chapter under terms and conditions as the commission may 28 prescribe, of a like amount of lawful money of the United States or bonds 29 or other obligations of the United States, the state of Idaho, or any 30 county of the state; or 31 (c) An irrevocable letter of credit issued to the commission by a bank 32 doing business in this state payable to the state upon failure of the per- 33 son on whose behalf it is issued to remit any payment due under the provi- 34 sions of this chapter. 35 (4) "Commercial motor boat" means any boat, equipped with a motor, which 36 is wholly or partly used in a profit-making enterprise or in an enterprise 37 conducted with the intent of making a profit. 38 (5) "Commission" means the state tax commission of the state of Idaho. 39 (6) "Distributor" means any person who receives motor fuel in this state, 40 and includes a special fuels dealer. Any person who sells or receives gaseous 41 fuels will not be considered a distributor unless the gaseous fuel is deliv- 42 ered into the fuel supply tank or tanks of a motor vehicle not then owned or 43 controlled by him. 2 1 (7) "Dyed fuel" means diesel fuel that is dyed pursuant to requirements 2 of the internal revenue service, or the environmental protection agency. 3 (8) "Exported" means delivered by truck or rail across the boundaries of 4 this state by or for the seller or purchaser from a place of origin in this 5 state. 6 (9) "Gasohol" means gasoline containing a mixture of no more than ten 7 percent (10%) blend anhydrous ethanol. 8 (10) "Gasoline" means any mixture of volatile hydrocarbons suitable as a 9 fuel for the propulsion of motor vehicles or motor boats. "Gasoline" also 10 means aircraft engine fuels when used for the operation or propulsion of motor 11 vehicles or motor boats and includes gasohol, but does not include special 12 fuels. 13 (11) "Highways" means every place of whatever nature open to the use of 14 the public as a matter of right for the purpose of vehicular travel which is 15 maintained by the state of Idaho or an agency or taxing subdivision or unit 16 thereof or the federal government or an agency or instrumentality thereof. 17 Provided, however, if the cost of maintaining a roadway is primarily borne by 18 a special fuels user who operates motor vehicles on that roadway pursuant to a 19 written contract during any period of time that a special fuels tax liability 20 accrues to the user, such a roadway shall not be considered a "highway" for 21 any purpose related to calculating that user's special fuels'stax liability 22 or refund. 23 (12) "Idling" means the period of time greater than twenty-five hundredths 24 (.25) of an hour when a motor vehicle is stationary with the engine operating 25 at less than one thousand two hundred (1,200) revolutions per minute (RPM), 26 without the power take-off (PTO) unit engaged, with the transmission in the 27 neutral or park position, and with the parking brake set. 28 (13) "Imported" means delivered by truck or rail across the boundaries of 29 this state by or for the seller or purchaser from a place of origin outside 30 this state. 31 (134) "International fuel tax agreement" and "IFTA" mean the international 32 fuel tax agreement required by the intermodal surface transportation effi- 33 ciency act of 1991, Public Law 102-240, 105 Stat. 1914, and referred to in 34 title 49, U.S.C., section 31701, including subsequent amendments to that 35 agreement. 36 (145) "Jurisdiction" means a state of the United States, the District of 37 Columbia, a province or territory of Canada, or a state, territory or agency 38 of Mexico in the event that the state, territory or agency participates in the 39 international fuel tax agreement. 40 (156) "Licensed distributor" means any distributor who has obtained a 41 license under the provisions of section 63-2427A, Idaho Code. 42 (167) "Motor fuel" means gasoline, special fuels, aircraft engine fuels or 43 any other fuels suitable for the operation or propulsion of motor vehicles, 44 motor boats or aircraft. 45 (178) "Motor vehicle" means every self-propelled vehicle designed for 46 operation, or required to be licensed for operation, upon a highway. 47 (189) "Person" means any individual, firm, fiduciary, copartnership, asso- 48 ciation, limited liability company, corporation, governmental instrumentality 49 including the state and all of its agencies and political subdivisions, or any 50 other group or combination acting as a unit, and the plural as well as the 51 singular number, unless the intent to give a more limited meaning is disclosed 52 by the context. Whenever used in any clause prescribing and imposing a fine or 53 imprisonment, or both, the term "person" as applied to an association means 54 the partners or members, and as applied to corporations, the officers. 55 (1920) "Recreational vehicle" means a snowmobile as defined in section 3 1 67-7101, Idaho Code; a motor driven cycle or motorcycle as defined in section 2 49-114, Idaho Code; and any recreational vehicle as defined in section 49-119, 3 Idaho Code. 4 (201) "Retail dealer" means any person engaged in the retail sale of motor 5 fuels to the public or for use in the state. 6 (212) "Special fuels" means: 7 (a) All fuel suitable as fuel for diesel engines; 8 (b) A compressed or liquified gas obtained as a byproduct in petroleum 9 refining or natural gasoline manufacture, such as butane, isobutane, pro- 10 pane, propylene, butylenes, and their mixtures; and 11 (c) Natural gas, either liquid or gas, and hydrogen, used for the genera- 12 tion of power for the operation or propulsion of motor vehicles. 13 (223) "Special fuels dealer" means "distributor" under subsection (6) of 14 this section. 15 (234) "Special fuels user" means any person who uses or consumes special 16 fuels for the operation or propulsion of motor vehicles owned or controlled by 17 him upon the highways of this state. 18 (245) "Use" means either: 19 (a) The receipt, delivery or placing of fuels by a licensed distributor 20 or a special fuels dealer into the fuel supply tank or tanks of any motor 21 vehicle not owned or controlled by him while the vehicle is within this 22 state; or 23 (b) The consumption of fuels in the operation or propulsion of a motor 24 vehicle on the highways of this state. 25 SECTION 2. That Section 63-2423, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 63-2423. CREDITS AND REFUNDS TO CONSUMERS. (1) Any person who has paid 28 his special fuels tax directly to the vendor from whom it was purchased shall 29 be refunded the amount of: 30 (a) Except as provided in subsection (2) of this section, aAny special 31 fuels tax paid on special fuels used for purposes other than operation or 32 propulsion of motor vehicles upon the highways in the state of Idaho; 33 (b) Any tax paid on special fuels used in motor vehicles owned or leased 34 and operated by an instrumentality of the federal government or of the 35 state of Idaho, including the state and all of its political subdivisions; 36 (c) Any tax paid on special fuels used in motor vehicles to which gaseous 37 special fuel is delivered and which displays a valid gaseous special fuels 38 permit under section 63-2424, Idaho Code; 39 (d) Any special fuels tax paid on special fuels exported for use outside 40 the state of Idaho. Special fuels carried from the state in the fuel tank 41 of a motor vehicle will not be deemed to be exported from the state unless 42 it is subject to a like or similar tax in the jurisdiction to which it is 43 taken and that tax is actually paid to the other jurisdiction; and 44 (e) Any tax, penalty or interest erroneously or illegally paid or col- 45 lected. 46 (2) No refund of special fuels tax shall be paid on: 47 (a) Special fuels used in a recreational vehicle; or 48 (b) Special fuels used in noncommercial motor boats or in motor boats 49 operated by a governmental entity; or 50 (c) Special fuels used while idling a registered motor vehicle, pursuant 51 to the definition of "idling" as provided in section 63-2401, Idaho Code. 52 (3) Refunds authorized in this section shall be claimed in the same man- 53 ner as applies to refunds of gasoline tax under section 63-2410, Idaho Code, 4 1 and shall be subject to interest computed pursuant to subsection (5) of that 2 section.
STATEMENT OF PURPOSE RS 13993 This legislation defines an engine idling activity and eliminates the potential for a consumer to claim a fuels tax refund when the special fuel is used to idle a registered vehicle, for an extended period of time, at a specified level of RPMs. This legislation will not change current special fuel exemptions for nontaxable miles or power take-off credits. FISCAL IMPACT This proposal has no fiscal impact, if the potential for an off- road idle time refund is eliminated. If this law change is not made there could be a negative impact on revenue to the Highway Distribution Account. If consumers met the current documentation requirements of Idaho Code Section 63- 2410 (5)(6) and claimed a refund for off-highway idling according to Idaho Code Section 63-2423 (1)(a), the Tax Commission would be required by law to pay the refunds. Making this law change would eliminate the refund possibility and prevent any negative impact on the Highway Distribution Account. Contact Name: Rep. Tim Ridinger, Phone: 332-1000 Name: Clay Handy, Governor Motor Carrier Advisory Committee STATEMENT OF PURPOSE/FISCAL NOTE H 684