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
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 thereto1-2
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 or1-4
store fuel, including, without limitation, a fuel tank on a motor vehicle1-5
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 the1-7
greater of $1000 or $10 per gallon of special fuel based on the maximum1-8
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 which1-10
the person selling or storing such fuel knows, or has reason to know, is a1-11
taxable use of the fuel;1-12
2. Willfully alters or attempts to alter the strength or composition of1-13
any dye in any special fuel intended to be used for a taxable purpose; or1-14
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 fuel1-16
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 or1-18
intended to operate interstate:2-1
(a) Obtain an identifying device issued pursuant to a cooperative2-2
agreement entered into pursuant to NRS 366.175; and2-3
(b) Conspicuously display that identifying device on the exterior of the2-4
motor vehicle in such location as is required pursuant to the cooperative2-5
agreement.2-6
2. At any time he is using special fuel in this state, ensure that his2-7
license, or a reproduction of the license that is authorized by the2-8
department, is located in the motor vehicle.2-9
Sec. 5. NRS 366.020 is hereby amended to read as follows: 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, and2-12
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: 366.150 1. The department or its authorized agents may:2-15
(a) Examine the books, papers, records and equipment of any special2-16
fuel supplier, special fuel dealer, special fuel user or person transporting or2-17
storing special fuel as defined in NRS 366.060;2-18
(b) Investigate the character of the disposition which any person makes2-19
of2-20
(c) Stop and inspect a motor vehicle that is using or transporting2-21
special fuel,2-22
to determine whether all excise taxes due pursuant to this chapter are being2-23
properly reported and paid.2-24
2. The fact that2-25
described in paragraph (a) of subsection 1 are not maintained in this state2-26
at the time of demand does not cause the department to lose any right of2-27
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: 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 fuel2-33
dealer or special fuel supplier without being the holder of a license to2-34
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 statement2-37
required by this chapter;2-38
5. Refuses to permit the department or any authorized agent to examine2-39
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 this2-42
state as required by this chapter;3-1
7. Makes any false statement in connection with an application for the3-2
refund of any money or taxes provided in this chapter3-3
8. Violates the provisions of section 4 of this act;3-4
9. Fails or refuses to stop his motor vehicle for an inspection to3-5
determine if all excise taxes due pursuant to the provisions of this3-6
chapter are being properly reported and paid; or3-7
10. Refuses to allow the department or an authorized agent to inspect3-8
a motor vehicle to determine whether all excise taxes due pursuant to the3-9
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: 366.740 1.3-13
act, the department may impose an administrative fine, not to exceed3-14
$2,500, for a violation of any provision of this chapter, or any regulation or3-15
order adopted or issued pursuant thereto.3-16
2. The department shall afford to any person3-17
this section or section 3 of this act an opportunity for a hearing pursuant to3-18
the provisions of NRS 233B.121.3-19
3-20
subsection 1 or section 3 of this act must be deposited with the state3-21
treasurer to the credit of the state highway fund.3-22
3-23
department may compel compliance with any provision of this chapter and3-24
any regulation or order adopted or issued pursuant thereto by injunction or3-25
other appropriate remedy. The department may institute and maintain in the3-26
name of the State of Nevada any such enforcement proceedings.3-27
Sec. 9. The amendatory provisions of this act do not apply to offenses3-28
that were committed before July 1, 1999.3-29
Sec. 10. This act becomes effective on July 1, 1999.~