Senate Bill No. 349–Senator Jacobsen

March 10, 1999

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Referred to Committee on Taxation

 

SUMMARY—Makes various changes to provisions governing special fuels. (BDR 32-1073)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the tax on special fuel; authorizing the department of motor vehicles and public safety or its authorized agent to stop and inspect a motor vehicle that is using or transporting special fuel in violation of certain provisions; authorizing the department to impose an administrative fine under certain circumstances; providing a penalty; 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. Chapter 366 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2, 3 and 4 of this act.

1-3 Sec. 2. "Storage tank" means any container designed to transport or

1-4 store fuel, including, without limitation, a fuel tank on a motor vehicle

1-5 that is used to supply fuel for the propulsion of the motor vehicle.

1-6 Sec. 3. The department may impose an administrative fine of the

1-7 greater of $1000 or $10 per gallon of special fuel based on the maximum

1-8 storage capacity of the storage tank if a person:

1-9 1. Sells or stores any special fuel that has been dyed for a use which

1-10 the person selling or storing such fuel knows, or has reason to know, is a

1-11 taxable use of the fuel;

1-12 2. Willfully alters or attempts to alter the strength or composition of

1-13 any dye in any special fuel intended to be used for a taxable purpose; or

1-14 3. Uses special fuel that has been dyed for a taxable purpose.

1-15 Sec. 4. A special fuel user who is required to hold a special fuel

1-16 user’s license pursuant to the provisions of this chapter shall:

1-17 1. If he uses special fuel in a motor vehicle that is operated or

1-18 intended to operate interstate:

2-1 (a) Obtain an identifying device issued pursuant to a cooperative

2-2 agreement entered into pursuant to NRS 366.175; and

2-3 (b) Conspicuously display that identifying device on the exterior of the

2-4 motor vehicle in such location as is required pursuant to the cooperative

2-5 agreement.

2-6 2. At any time he is using special fuel in this state, ensure that his

2-7 license, or a reproduction of the license that is authorized by the

2-8 department, is located in the motor vehicle.

2-9 Sec. 5. NRS 366.020 is hereby amended to read as follows:

2-10 366.020 As used in this chapter, unless the context otherwise requires,

2-11 the words and terms defined in NRS 366.025 to 366.100, inclusive, and

2-12 section 2 of this act have the meanings ascribed to them in those sections.

2-13 Sec. 6. NRS 366.150 is hereby amended to read as follows:

2-14 366.150 1. The department or its authorized agents may:

2-15 (a) Examine the books, papers, records and equipment of any special

2-16 fuel supplier, special fuel dealer, special fuel user or person transporting or

2-17 storing special fuel as defined in NRS 366.060; [and]

2-18 (b) Investigate the character of the disposition which any person makes

2-19 of [that fuel,] special fuel; and

2-20 (c) Stop and inspect a motor vehicle that is using or transporting

2-21 special fuel,

2-22 to determine whether all excise taxes due pursuant to this chapter are being

2-23 properly reported and paid.

2-24 2. The fact that [those] the books, papers, records and equipment

2-25 described in paragraph (a) of subsection 1 are not maintained in this state

2-26 at the time of demand does not cause the department to lose any right of

2-27 examination pursuant to this chapter at the time and place those books,

2-28 papers, records and equipment become available.

2-29 Sec. 7. NRS 366.720 is hereby amended to read as follows:

2-30 366.720 Any person who:

2-31 1. Fails or refuses to pay the tax imposed by this chapter;

2-32 2. Engages in business in this state as a special fuel user, special fuel

2-33 dealer or special fuel supplier without being the holder of a license to

2-34 engage in that business;

2-35 3. Fails to make any of the reports required by this chapter;

2-36 4. Makes any false statement in any application, report or statement

2-37 required by this chapter;

2-38 5. Refuses to permit the department or any authorized agent to examine

2-39 records as provided by this chapter;

2-40 6. Fails to keep proper records of quantities of special fuel received,

2-41 produced, refined, manufactured, compounded, used or delivered in this

2-42 state as required by this chapter; [or]

3-1 7. Makes any false statement in connection with an application for the

3-2 refund of any money or taxes provided in this chapter [,] ;

3-3 8. Violates the provisions of section 4 of this act;

3-4 9. Fails or refuses to stop his motor vehicle for an inspection to

3-5 determine if all excise taxes due pursuant to the provisions of this

3-6 chapter are being properly reported and paid; or

3-7 10. Refuses to allow the department or an authorized agent to inspect

3-8 a motor vehicle to determine whether all excise taxes due pursuant to the

3-9 provisions of this chapter are being properly reported and paid,

3-10 is guilty of a misdemeanor.

3-11 Sec. 8. NRS 366.740 is hereby amended to read as follows:

3-12 366.740 1. [The] Except as otherwise provided in section 3 of this

3-13 act, the department may impose an administrative fine, not to exceed

3-14 $2,500, for a violation of any provision of this chapter, or any regulation or

3-15 order adopted or issued pursuant thereto.

3-16 2. The department shall afford to any person [so] fined pursuant to

3-17 this section or section 3 of this act an opportunity for a hearing pursuant to

3-18 the provisions of NRS 233B.121.

3-19 [2.] 3. All administrative fines collected by the department pursuant to

3-20 subsection 1 or section 3 of this act must be deposited with the state

3-21 treasurer to the credit of the state highway fund.

3-22 [3.] 4. In addition to any other remedy provided by this chapter, the

3-23 department may compel compliance with any provision of this chapter and

3-24 any regulation or order adopted or issued pursuant thereto by injunction or

3-25 other appropriate remedy. The department may institute and maintain in the

3-26 name of the State of Nevada any such enforcement proceedings.

3-27 Sec. 9. The amendatory provisions of this act do not apply to offenses

3-28 that were committed before July 1, 1999.

3-29 Sec. 10. This act becomes effective on July 1, 1999.

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