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2015 Regular Session
SENATE BILL NO. 271
BY SENATORS WHITE AND ADLEY AND REPRESENTATIVE ST. GERMAIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TAX/TAXATION. Provides for equivalency of the special fuels tax with the gasoline tax
on motor vehicles that operate on the highways using liquefied natural gas, liquefied
petroleum gas, or compressed natural gas. (7/1/15)
1 AN ACT
2 To amend and reenact R.S. 3:4602(12.1) and 4684, the introductory paragraph of R.S.
3 47:818.2, and R.S. 47:818.2(18), (22), (43), (44), (58), and (63), and 818.22(A) and
4 (B), to enact R.S. 3:4690.1 and R.S. 47:818.111 through 818.132, and to repeal R.S.
5 47:818.101 through 104, relative to taxes on petroleum products; to provide for taxes
6 on special fuels; to levy taxes on special fuels according to energy content
7 equivalencies; to provide for licensing, inspection, tax collection, and enforcement;
8 to reduce certain discounts on petroleum products; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. The introductory paragraph of R.S. 47:818.2 and R.S. 47:818.2(18), (22),
11 (43), (44), (58), and (63), and 818.22(A) and (B) are hereby amended and reenacted and R.S.
12 47:818.111 through 818:132 are hereby enacted to read as follows:
13 §818.2. Definitions
14 As used in this Part, unless the context requires otherwise, the following
15 terms have the meaning meanings ascribed herein:
16 * * *
17 (18) "Compressed natural gas" means natural gas that has been compressed
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1 and dispensed into motor fuel storage containers and is advertised, offered for sale,
2 suitable for use, sold, or used as an engine motor fuel.
3 * * *
4 (22) "Distributor" means any person who purchases their motor fuel from a
5 supplier, permissive supplier, or licensed distributor in this state for subsequent sale
6 and distribution at wholesale to a licensed distributor, retail dealer, or bulk consumer.
7 * * *
8 (43) "Liquefied natural gas" means natural gas that has been cooled to about
9 a negative 160 degrees Celsius for storage or shipment as a liquid in high-pressure
10 cryogenic containers a liquid state and is advertised, offered for sale, sold,
11 suitable for use, or used as an engine motor fuel.
12 (44) "Liquefied petroleum gas" means the gas derived from petroleum or
13 natural gas which is in a gaseous state at normal atmospheric temperature and
14 pressure and maintained in the liquid state at normal atmospheric temperature by
15 means of suitable pressure and which is dispensed into motor fuel storage containers
16 and is advertised, offered for sale, sold, suitable for use, or used as an engine motor
17 fuel. The term "liquified petroleum gas" or "LPG" as used in this Part means
18 propane.
19 * * *
20 (58) "Retail dealer" or "dealer" means a person who sells motor fuel at retail
21 or dispenses motor fuel at a retail location to the ultimate consumer.
22 * * *
23 (63) "Special fuel decal user" means the owner or operator of a motor vehicle
24 that is propelled by an internal combustion engine or motor capable of using
25 liquefied natural gas, liquefied petroleum gas, or compressed natural gas as fuel.
26 "Special fuel fleet dealer" means a person who produces or purchases
27 compressed natural gas, liquefied natural gas, or liquefied petroleum gas and
28 who maintains storage facilities for such fuels and delivers all or part of the fuel
29 produced or stored into the fuel supply tank of a motor vehicle.
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1 * * *
2 §818.22. Deductions and discounts allowed
3 A. The supplier or permissive supplier that files a timely return and remits
4 a timely payment may deduct from the amount of tax shown payable on the return
5 an administrative discount in an amount equivalent to one and one-half percent of
6 the tax due on gasoline and diesel fuels. The allowance shall not be deductible unless
7 the supplier or permissive supplier allows a deduction of one-third of one percent
8 to a purchaser with a valid distributor or importer license. However, the allowance
9 shall not be deductible by the supplier or permissive supplier unless the return is
10 filed and payment of the tax is made on or before the twenty-second day of the
11 month as required by this Subpart.
12 B. A licensed distributor or importer that pays the tax due a supplier or
13 permissive supplier by the date required in this Subpart shall be allowed to deduct
14 from the amount due a discount of one-third of one percent of the amount of tax
15 payable. The supplier or permissive supplier may not directly or indirectly deny this
16 allowance to a licensed distributor or importer that pays the tax due the supplier or
17 permissive supplier by the date specified.
18 * * *
19 §818.111. Taxes levied; rates; unit of measurement
20 A. There is hereby levied a tax of sixteen cents per gallon or gallon
21 equivalent on all special fuels including compressed natural gas as defined by
22 R.S. 47:818.2(18), liquefied natural gas as defined by R.S. 47:818.2(43), and
23 liquefied petroleum gas as defined by R.S. 47:818.2(44) sold, used, or consumed
24 in the state of Louisiana for the operation of motor vehicles licensed or required
25 to be licensed for highway use.
26 B. The taxes herein levied are in addition to the tax levied in R.S.
27 47:820.1 or any other tax which may be levied on special fuels by any other
28 provision of law.
29 C. The tax is to be computed, collected, reported, and paid as provided
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1 in this Subpart.
2 D. Until June 30, 2015, the tax levied pursuant to the provisions of this
3 Section shall be assessed per gallon. Beginning July 1, 2015, the tax levied
4 pursuant to the provisions of this Section shall be converted from a tax levied
5 per gallon on such fuel to a tax levied per gallon equivalent determined by the
6 special fuel's energy content as follows:
7 (1) Gasoline gallon equivalent for compressed natural gas. The gasoline
8 gallon equivalent for compressed natural gas shall be equal to 5.660 pounds of
9 compressed natural gas and shall be the unit of measurement for purposes of
10 the tax levied pursuant to the provisions of this Section if the natural gas
11 dispenser lists the price in gasoline gallon equivalents and the natural gas is
12 supplied to the dispenser from a pipeline or other nonliquefied source.
13 (2) Diesel gallon equivalent for liquefied natural gas. The diesel gallon
14 equivalent for liquefied natural gas shall be equal to 6.060 pounds of liquefied
15 natural gas and shall be the unit of measurement for purposes of the tax levied
16 pursuant to the provisions of this Section if the natural gas dispenser lists the
17 price in diesel gallon equivalents and the natural gas is supplied to the dispenser
18 from a liquefied source.
19 (3) Gasoline gallon equivalent for liquefied petroleum gas. The gasoline
20 gallon equivalent for liquefied petroleum gas shall be equal to 3.066 pounds of
21 liquefied petroleum gas and shall be the unit of measurement for purposes of
22 the tax levied pursuant to the provisions of this Section if the petroleum gas
23 dispenser lists the price in diesel gallon equivalents and the petroleum gas is
24 supplied to the dispenser from a liquefied source.
25 E. Beginning July 1, 2015, the tax levied pursuant to the provisions of
26 this Section shall be levied and collected in the manner set forth in this Subpart
27 and shall not be levied or collected pursuant to a decal program or on an annual
28 basis.
29 §818.112. Imposition of tax
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1 A.(1) A tax is imposed on the sale of compressed natural gas, liquefied
2 natural gas, or liquefied petroleum gas delivered into the fuel supply tank of a
3 motor vehicle in connection with a sale of the compressed natural gas, liquefied
4 natural gas, or liquefied petroleum gas. Any person or entity delivering
5 compressed natural gas, liquefied natural gas, or liquefied petroleum gas into
6 the fuel supply tank of a motor vehicle shall be considered a dealer for purposes
7 of imposition of the tax levied on such fuels and shall be the party liable for the
8 tax imposed in this Subpart. The dealer shall add the amount of the tax to the
9 selling price of the fuel so that the tax is paid by the ultimate consumer or
10 purchaser of the fuel. The amount of the tax shall become part of the sales price
11 of the fuel, it shall be considered a debt of the purchaser to the dealer, and, if
12 unpaid, it shall be recoverable at law in the same manner as the original sales
13 price. The dealer shall provide an invoice or receipt to the purchaser that states
14 the rate and amount of tax added to the selling price or that indicates that no
15 tax was added to the selling price.
16 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection,
17 no person or entity shall deliver compressed natural gas, liquefied natural gas,
18 or liquefied petroleum gas into the fuel supply tank of a motor vehicle in
19 connection with a sale unless the person obtains a license as provided for in this
20 Subpart.
21 B. A tax is imposed on the delivery of compressed natural gas, liquefied
22 natural gas, or liquefied petroleum gas into the fuel supply tank of a motor
23 vehicle by a special fuel fleet dealer or other dealer not in connection with a sale
24 of the compressed natural gas, liquefied natural gas, or liquefied petroleum gas.
25 The special fuel fleet dealer or other dealer shall be liable for the tax imposed
26 under this Subpart.
27 §818.113. Presumption of use; backup tax
28 A. All compressed natural gas, liquefied natural gas, and liquefied
29 petroleum gas sold by a special fuels dealer and delivered into the fuel supply
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1 tank of a motor vehicle is presumed to be subject to taxation, and the dealer is
2 liable for the tax unless the dealer maintains adequate records to establish that
3 the fuel was exempt from the tax.
4 B. All compressed natural gas, liquefied natural gas, and liquefied
5 petroleum gas delivered into the fuel supply tank of a motor vehicle by a special
6 fuel fleet dealer or other special fuels dealer not in connection with a sale is
7 presumed to be subject to taxation, and the special fuel fleet dealer or other
8 dealer is liable for the tax unless the special fuel fleet dealer or other dealer
9 maintains adequate records to establish that the fuel was exempt from the tax.
10 C. The tax levied pursuant to the provisions of this Subpart shall be due
11 in all of the following circumstances:
12 (1) If a person obtains a refund of tax on compressed natural gas,
13 liquefied natural gas, or liquefied petroleum gas by claiming the fuel was used
14 for an exempt purpose, but actually used the fuel for a taxable purpose.
15 (2) If a person operates a motor vehicle on a highway using compressed
16 natural gas, liquefied natural gas, or liquefied petroleum gas and the tax has not
17 been paid on the special fuel. If the person operating the motor vehicle is not
18 the owner or lessee of the motor vehicle, both the owner or lessee and the
19 operator are liable for the tax.
20 (3) If a person sells or delivers compressed natural gas, liquefied natural
21 gas, or liquefied petroleum gas that is delivered into the fuel supply tank of a
22 motor vehicle, on which tax was not paid, and the person knew or had reason
23 to know that the fuel would be used for a taxable purpose. The tax due pursuant
24 to the provisions of this Paragraph shall also be imposed on the ultimate
25 consumer.
26 D. The tax liability imposed by this Section shall be in addition to any
27 other penalty imposed under this Subpart.
28 §818.114. Dealer's license; application procedure
29 A. A person may not sell or deliver compressed natural gas, liquefied
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1 natural gas, or liquefied petroleum gas that is delivered into the fuel supply tank
2 of a motor vehicle and on which tax is imposed unless the person holds a
3 compressed natural gas, liquefied natural gas, or liquefied petroleum gas special
4 fuel dealer's license issued by the secretary.
5 B. In order to apply for a special fuel dealer's license, an applicant shall
6 submit an application to the Department of Revenue on a form provided by the
7 secretary and shall furnish a bond as required in R.S. 47:818.117 in an amount
8 applicable to the license for which the applicant is applying. Applications shall
9 include all of the following:
10 (1) The legal name of the applicant and name under which the applicant
11 transacts or intends to transact business.
12 (2) The mailing and physical address of the applicant's principal office,
13 residence, or place of business in this state, or other location of the applicant.
14 (3) The applicant's federal employer identification number or, if an
15 individual, the social security number in the absence of the federal employer
16 identification number.
17 (4) The applicant's Louisiana revenue account number, if already
18 assigned.
19 (5) If the applicant is not an individual, the names and social security
20 numbers of the principal officers of an applicant corporation or the members
21 of an applicant partnership or limited liability company, the managers of the
22 facility, and the office, street, and post office box addresses of each.
23 (6) Any other information required by the secretary.
24 C. Upon approval of the bond required in R.S. 47:818.117, the secretary
25 shall issue the appropriate license or licenses to the applicant.
26 D. A special fuel dealer's license for compressed natural gas, liquefied
27 natural gas, or liquefied petroleum gas is not transferable and shall remain in
28 effect until surrendered, canceled, or revoked. The license shall be posted in a
29 conspicuous place or kept available for inspection at the principal place of
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1 business of the license holder. A copy of the license shall be kept at each place
2 of business or other place of storage from which compressed natural gas,
3 liquefied natural gas, or liquefied petroleum gas is sold, distributed, or used and
4 in each motor vehicle used by the license holder to transport compressed
5 natural gas, liquefied natural gas, or liquefied petroleum gas purchased by the
6 license holder for resale, distribution, or use.
7 E. A compressed natural gas, liquefied natural gas, or liquefied
8 petroleum gas special fuel dealer's license is permanent and shall be valid
9 during the period the license holder has in force and effect the required bond
10 or security and furnishes timely reports and supplements as required by the
11 secretary, or until the license is surrendered by the license holder or canceled
12 by the secretary. The secretary may cancel a license if the license holder has not
13 reported a delivery of compressed natural gas, liquefied natural gas, or
14 liquefied petroleum gas during the previous nine months.
15 F. The secretary shall maintain a record of all persons to whom a license
16 has been issued under this Subpart and all persons holding a current license
17 issued under this Subpart by license category.
18 §818.115. Grounds for denial of a license
19 A. The secretary may refuse to issue a license under this Subpart if any
20 of the following conditions apply to the applicant or any principal of the
21 applicant:
22 (1) A license or registration issued under this Subpart was canceled by
23 the secretary for any reason set forth in R.S. 47:818.42 or 818.116.
24 (2) A license or registration issued by another state was revoked, denied,
25 or canceled for cause.
26 (3) A federal certificate of registry issued under 26 U.S.C. 4101 and the
27 regulations adopted thereunder, or a similar federal authorization, was
28 revoked.
29 (4) The applicant or any principal of the applicant has been convicted of
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1 any offense involving fraud or misrepresentation or has been convicted of any
2 other offense that indicates that the applicant or any principal of the applicant
3 may not comply with this Subpart if issued a license.
4 (5) The applicant or any principal of the applicant is in arrears to the
5 state for any taxes.
6 (6) The applicant or any principal of the applicant is determined not to
7 be the real party in interest.
8 (7) The applicant or any principal of the applicant's agents, officers, or
9 employees has a prior conviction for motor fuel tax evasion in this state or in
10 any state, federal, or foreign jurisdiction.
11 (8) For good cause as determined by the secretary.
12 B. The secretary shall be prohibited from issuing a license when an
13 applicant or anyone connected with the applicant's business has been previously
14 convicted of any violation of this Subpart or of any felony under the laws of this
15 state or of the United States.
16 §818.116. License revocation; cancellation
17 A. The secretary may revoke the license of any person licensed under this
18 Subpart, upon written notice sent by certified mail to the licensee's last known
19 address, for any of the following reasons:
20 (1) Filing by the licensee of a false return, or a false report of the data or
21 information required by this Subpart.
22 (2) Failure, refusal, or neglect of the licensee to file a return, report or
23 information required by this Subpart.
24 (3) Failure of the licensee to pay the full amount of all taxes due or to pay
25 any penalties or interest due required by this Subpart.
26 (4) Failure of the licensee to keep accurate records of the quantities of
27 compressed natural gas, liquefied natural gas, or liquefied petroleum gas
28 received, produced, refined, manufactured, compounded, sold, or used in
29 Louisiana.
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1 (5) Failure to file a new, larger, or additional surety bond as required by
2 the secretary pursuant to R.S. 47:818.117.
3 (6) Conviction of the licensee, licensee's agents, officers, or employees, or
4 a principal of the licensee for any act prohibited under this Subpart.
5 (7) Failure, refusal, or neglect of a licensee to comply with any other
6 provision of this Subpart or any rule promulgated pursuant to this Subpart.
7 (8) Having a license or registration issued by another state canceled for
8 cause.
9 (9) The licensee is determined not to be the real party in interest.
10 (10) Any prior license of the real party in interest has been revoked for
11 cause.
12 (11) The licensee, or any of the licensee's agents, officers, or employees,
13 has a prior conviction for motor fuel tax evasion in this state or any state,
14 federal, or foreign jurisdiction and the conviction was not disclosed on the
15 application.
16 B. The secretary shall be prohibited from granting a license and shall be
17 required to suspend any license previously granted for a period of at least thirty
18 days, or until such time as the applicant supplies the secretary with evidence to
19 the contrary, where there is prima facie evidence that the applicant, in the
20 discretion of the secretary, is not a person of good moral character, or has
21 violated the provisions of this Subpart or any rules, regulations, or instructions
22 issued in connection with issuance of a license. The period of suspension set
23 forth in this Section shall not exceed ninety calendar days from the date of
24 suspension, unless at the end of the ninety-day period the secretary determines
25 that the reason for the suspension still exists. In such instances, the secretary
26 may continue the period of suspension until sufficient evidence has been
27 provided by the licensee that the reason for suspension no longer exists.
28 C. The secretary shall cancel any license upon the written request of the
29 licensee or upon a change in ownership or control of the licensed business.
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1 D. Upon revocation or cancellation of a license, the license shall be
2 surrendered to the secretary and the tax levied in accordance with the
3 provisions of this Subpart shall become due and payable within fifteen days on
4 all untaxed compressed natural gas, liquefied natural gas, and liquefied
5 petroleum gas held in storage or otherwise in the possession of the licensee and
6 all compressed natural gas, liquefied natural gas, and liquefied petroleum gas
7 sold, delivered, or used prior to the revocation or cancellation on which the tax
8 has not been paid.
9 E. If the secretary revokes a license, the secretary shall be prohibited
10 from issuing a new license to the same applicant for a period of three years from
11 the date of revocation.
12 §818.117. Bond requirements; amounts
13 A. Upon approval of the application by the secretary, the applicant shall
14 file a surety bond executed in favor of the secretary in an amount as follows:
15 (1) For a compressed natural gas dealer, liquefied natural gas dealer, or
16 liquefied petroleum gas special fuel dealer, the amount of the bond shall be the
17 greater of fifty thousand dollars or an amount equal to three months' tax
18 liability.
19 (2) Only one surety bond shall be required for a person requiring
20 multiple licenses and for any such person the minimum bond shall be the
21 highest bond level required.
22 B. The secretary may require an additional bond amount from the
23 licensee when liability upon the previous bond is discharged or reduced by a
24 judgment rendered, a payment made, or another disposition, the licensee no
25 longer meets the conditions for waiver of bond as set forth in Subsection F of
26 this Section, or if , in the opinion of the secretary, any surety on the previous
27 bond becomes unsatisfactory.
28 C. The licensee shall file the additional bond amount within thirty days
29 after the date on the notice is mailed by the secretary. The secretary may
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1 immediately revoke the licensee's license upon the expiration of the thirty-day
2 period if the licensee fails to provide the additional bond amount required.
3 D. The surety must be authorized to engage in business within this state.
4 The surety bond shall be conditioned upon faithful compliance with the
5 provisions of this Part, including the filing of the returns and payment of all
6 taxes prescribed by this Subpart. The surety bond shall be approved by the
7 secretary as to sufficiency and form and shall indemnify the state against any
8 loss arising from the failure of the licensee for any cause whatever to pay the tax
9 levied by this Subpart.
10 E. Any surety on an existing bond furnished by a person required to be
11 licensed may notify the secretary in writing of its intent to cancel the bond. The
12 secretary shall immediately notify the licensee of the intent of the surety to
13 cancel, and the licensee shall have thirty days after the date on the notice mailed
14 by the secretary to provide a sufficient replacement bond. The secretary may
15 immediately cancel the licensee's license upon expiration of the thirty-day
16 period set out in this Subsection if the licensee fails to provide a new
17 replacement bond. The surety requesting cancellation shall remain liable for
18 any liability already accrued or which accrues during the thirty-day period set
19 out in this Subsection but shall not be responsible for any liability which accrues
20 after the thirty-day period.
21 F. The secretary is authorized to waive the furnishing of the surety bond
22 by any licensee who meets all the following:
23 (1) Has and agrees to maintain assets in Louisiana of a net value of not
24 less than one hundred twenty-five percent of the amount of the bond which
25 would otherwise be required.
26 (2) Has not been delinquent in remitting taxes accrued or accruing under
27 this Subpart during the three-year period immediately preceding the filing of
28 an application for waiver of the bond.
29 (3) Has a current permit issued by the Louisiana Propane Gas
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1 Commission.
2 G. If any licensee whose bond has been waived by the secretary becomes
3 delinquent in remitting taxes due under this Subpart, the secretary may require
4 that the licensee furnish a bond in the amount required in this Section, and such
5 licensee shall not be eligible for a waiver of the bond for a period of three years
6 from the date the bond is furnished.
7 §818.118. Duties of persons holding tax payments as trustees
8 A. A person who receives or collects tax due in accordance with the
9 provisions of this Subpart shall hold the amount received or collected in trust
10 for the benefit of the state and shall have a fiduciary duty to remit the amount
11 of taxes received or collected to the secretary in the manner required pursuant
12 to the provisions of this Subpart.
13 B. A dealer who receives a payment of tax under this Subpart may not
14 apply the payment of tax to a debt that the person making the payment owes for
15 compressed natural gas, liquefied natural gas, or liquefied petroleum gas
16 purchased from the dealer.
17 C. A person required to receive or collect a tax under this Subpart is
18 liable for and shall pay the tax in the manner provided by this Subpart.
19 §818.119. Returns and payments; discounts; penalties for failure to file
20 A. A licensed dealer shall file a monthly return no later than the
21 twentieth day of the month. If a licensed dealer files a return and remits the tax
22 due on or before the due date, one percent of the tax due is allocated to the
23 licensed dealer for the expense of collecting, accounting for, reporting, and
24 timely remitting the taxes collected and for keeping the records. The licensed
25 dealer shall deduct the allocated amount from the tax due when paying the tax
26 to the state. A licensed dealer who has not made taxable deliveries during the
27 reporting period shall file a return with the secretary that includes those facts
28 or that information. A return shall be filed with the secretary on forms
29 provided for that purpose and shall contain the total gallons or gallon
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1 equivalents sold and used and other information required by the secretary.
2 B. A licensed dealer may take a credit on a filed return if the dealer paid
3 the taxes imposed by this Subpart on compressed natural gas, liquefied natural
4 gas, or liquefied petroleum gas sold on account and the dealer determines that
5 the account is uncollectible and worthless. The credit authorized by this Section
6 shall be applicable only if the licensed dealer writes off the account as a bad
7 debt on the dealer's accounting books. The return on which the credit shall be
8 taken shall state, if applicable, the name of the person whose account has been
9 written off as a bad debt or who failed to remit the tax and any other
10 information required by the secretary. The amount of the credit may equal, but
11 shall not exceed, the amount of taxes paid on the compressed natural gas,
12 liquefied natural gas, or liquefied petroleum gas to which the written-off
13 account applies. If, after a credit is taken, the account on which the credit was
14 based is paid, or if the secretary otherwise determines that the credit was not
15 authorized, the dealer who took the credit shall pay the unpaid taxes plus a
16 penalty of ten percent of the amount of the unpaid taxes and interest. Interest
17 shall accrue beginning on the day the return showing the credit was filed and
18 ending on the date the taxes and penalty are paid.
19 C. The provisions of this Section shall not apply to a sale of compressed
20 natural gas, liquefied natural gas, or liquefied petroleum gas for which payment
21 is made through the use and acceptance of a credit card. The credit granted
22 pursuant to the provisions of this Section shall be taken at the time the account
23 is written off as a bad debt but before the tax reporting period prescribes. The
24 secretary may take action against a person in relation to whom a dealer has
25 taken a credit for collection of the tax owed and for penalty and interest.
26 D. Failure to file any informational report or return within thirty days
27 of the due date of the report or return shall result in a penalty of one hundred
28 dollars and may result in a revocation of the license.
29 §818.120. Credit for certain taxes paid; school bus operators
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1 A. The owner of any school bus, including school-board owned buses,
2 used to transport Louisiana students and propelled by an internal combustion
3 engine or motor capable of using liquefied natural gas, liquefied petroleum gas,
4 or compressed natural gas as fuel shall pay the tax levied on such fuel but shall
5 be entitled to a credit equal to fifty percent of the taxes paid. The credit
6 provided for in this Section shall be claimed on a return filed for the period in
7 which a fuel purchase occurred.
8 B. The right to claim a credit pursuant to the provisions of this Section
9 shall not be assignable.
10 C. Claims for refund by school bus owners shall be submitted annually
11 by the first day of August of each year on forms provided by the secretary and
12 shall list the taxes paid during the academic school year ending no later than
13 June thirtieth of the year for which the credit is being filed. The refund
14 provided for in this Subsection shall be paid from the Parish Transportation
15 Fund allocable to the parish from which the credit is claimed if the credit is
16 from a public school district in this state and the fuel was delivered into the fuel
17 supply tank of a school bus operated exclusively by the district.
18 D. The secretary may promulgate rules and regulations in accordance
19 with the provisions of the Administrative Procedure Act specifying procedures
20 and requirements to be fulfilled in order to file for and receive the credit.
21 §818.121. Refund claims
22 A. All claims for a refund shall be filed on a form provided by the
23 secretary, shall be supported by the original invoice issued by the dealer, and
24 shall contain all of the following:
25 (1) The stamped or preprinted name and address of the dealer.
26 (2) The name of the purchaser or person who received the delivery of the
27 fuel.
28 (3) The date of delivery of the fuel or the date the invoice was issued, if
29 different from the date the fuel was delivered.
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1 (4) The number of gasoline or diesel gallon equivalents of compressed
2 natural gas, liquefied natural gas, or liquefied petroleum gas delivered.
3 (5) The rate and amount of tax, separately stated from the selling price.
4 (6) The type of vehicle or equipment into which the fuel is delivered.
5 B. The purchaser or person who received the delivery of compressed
6 natural gas, liquefied natural gas, or liquefied petroleum gas shall obtain the
7 original invoice from the dealer not later than the thirtieth day after the date
8 the fuel was delivered. If the purchase or delivery of fuel is made through an
9 automated method in which the purchase or delivery is automatically applied
10 to the purchaser's or recipient's account, one invoice may be issued at the time
11 of billing that covers multiple purchases or deliveries made during a thirty-day
12 billing cycle.
13 C. The secretary may pay a refund to a person other than a school bus
14 driver who files a valid refund claim. After examining the refund claim and
15 before issuing the refund to the dealer, the secretary shall deduct from the
16 amount of the refund, the one percent originally deducted by the dealer
17 pursuant to R.S. 47:818.118.
18 D. A person who files a claim for a tax refund on compressed natural
19 gas, liquefied natural gas, or liquefied petroleum gas used for a purpose for
20 which a tax refund is not authorized or who files an invoice supporting a refund
21 claim on which the date, figures, or any material information has been falsified
22 or altered, shall forfeit his right to the entire amount of the refund claim filed
23 unless the claimant provides satisfactory proof to the secretary that the
24 incorrect refund claim filed was due to a clerical or mathematical calculation
25 error.
26 §818.122. Records required to be maintained; inspection by the secretary
27 A. A dealer shall keep a record of all of the following:
28 (1) Compressed natural gas, liquefied natural gas, and liquefied
29 petroleum gas inventories at the first of each month.
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1 (2) The amount of natural gas compressed by the dealer, the amount of
2 natural gas liquefied by the dealer, and the amount of petroleum gas liquefied
3 by the dealer.
4 (3) All compressed natural gas, liquefied natural gas, and liquefied
5 petroleum gas purchased or received, showing the name of the seller and the
6 date of each purchase or receipt.
7 (4) All compressed natural gas, liquefied natural gas, and liquefied
8 petroleum gas sold and delivered into the fuel supply tank of a motor vehicle,
9 including the date of each sale.
10 (5) All compressed natural gas, liquefied natural gas, and liquefied
11 petroleum gas sold but not delivered into the fuel supply tank of a motor
12 vehicle, including the date of each sale.
13 (6) All compressed natural gas, liquefied natural gas, and liquefied
14 petroleum gas delivered into the fuel supply tank of a motor vehicle not in
15 connection with a sale, including the date of each delivery.
16 (7) All compressed natural gas, liquefied natural gas, and liquefied
17 petroleum gas delivered into the fuel supply tank of a motor vehicle or other
18 equipment exempt from tax or sold to the operator of a motor vehicle or owner
19 of equipment exempt from the tax, including the name of the operator of the
20 vehicle or the owner of the equipment and the date of the delivery or sale.
21 (8) All compressed natural gas, liquefied natural gas, and liquefied
22 petroleum gas lost by fire, theft, or accident.
23 B. The records required to be kept pursuant to the provisions of this
24 Section shall be kept until the fourth anniversary of the date they were created
25 and shall be open to inspection at all times by the secretary or his designee. In
26 addition to the records specifically required by this Section, a licensee or a
27 person required to hold a license shall keep any other records required by the
28 secretary.
29 §818.123. Notice of discontinuance, sale, or transfer of business
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1 A. Prior to discontinuing any business issued a license pursuant to the
2 provisions of this Subpart, the licensee shall notify the secretary in writing at
3 least thirty days prior to the effective date of the discontinuance, sale, or
4 transfer and shall surrender the license to the secretary. The notice shall state
5 the effective date of the discontinuance and, if the licensee has transferred the
6 business or otherwise relinquished control to another person by sale or
7 otherwise, the date of the sale or transfer and the name and address of the
8 person to whom the business was transferred or relinquished. The notice shall
9 also include any other information required by the secretary.
10 B. If a licensee liable for any tax, interest, or penalty levied in accordance
11 with this Subpart sells or transfers the business or quits the business, the
12 licensee shall make a final return and payment within fifteen days after the date
13 of selling, transferring, or quitting the business. The successor, successors, or
14 assigns, if any, shall withhold sufficient amounts of the purchase monies to
15 cover the amount of taxes, interest, and penalties due and unpaid until such
16 time as the former owner shall produce a receipt from the secretary showing
17 that all taxes, interest, and penalties have been paid, or a certificate stating that
18 no taxes, interest, or penalties are due. If the purchaser of a business fails to
19 withhold purchase money, the purchaser shall be personally liable for the
20 payment of the taxes, interest, and penalties accrued and unpaid on the account
21 of the operation of the business by any former owner, owners, or successors or
22 assigns.
23 C. In the case of a licensee who has quit a business but who subsequently
24 opens another similar business under the same ownership, whether that
25 ownership is individual, partnership, corporation, or other, that licensee shall
26 be liable for any tax, interest, or penalty owed by the original business.
27 §818.124. Engaging in business without a license; penalty
28 Any person who engages in or performs any business activity for which
29 a license is required by this Subpart without having first obtained and
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1 subsequently retained a valid license shall be subject to a penalty of ten
2 thousand dollars for a first violation. For each subsequent violation, the penalty
3 shall be determined by multiplying the penalty for the first violation times the
4 total of all prior violations and the current violation. Penalties prescribed
5 under this Section shall be assessed, collected, and paid in the same manner as
6 the tax.
7 §818.125. Failure to pay tax or furnish bond; subject to attachment; suit to
8 enjoin further pursuit of business
9 A. Failure to pay any tax levied in this Subpart or any interest, penalties,
10 or applicable costs or failure to furnish bond as provided in this Subpart shall
11 ipso facto and without demand or putting in default, make the tax, penalties,
12 and interest delinquent and shall be construed as an attempt to avoid the
13 payment of the tax, penalties, and interest, which shall be sufficient grounds for
14 attachment of the compressed natural gas, liquefied natural gas, or liquefied
15 petroleum gas, wherever fuel may be located or found, whether the delinquent
16 taxpayer is a resident or nonresident of this state and whether the compressed
17 natural gas, liquefied natural gas, or liquefied petroleum gas is in the possession
18 of the delinquent taxpayer or in the possession of other persons. Each
19 compressed natural gas, liquefied natural gas, or liquefied petroleum gas
20 licensee shall be responsible for the payment of the applicable tax levied in this
21 Subpart, together with any interest, penalties, and costs accruing thereon, and
22 the secretary may attach, seize, or sequester any compressed natural gas,
23 liquefied natural gas, or liquefied petroleum gas subject to tax under this
24 Subpart when a tax is not paid when it was due and payable. The procedure
25 prescribed by law shall be followed except that the secretary shall not be
26 required to provide a bond.
27 B. When a licensee fails to pay any tax levied under this Subpart, or any
28 interest, penalties, or applicable costs or fails to furnish bond as provided in this
29 Subpart, the secretary may file a rule on the licensee, by motion in a court of
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1 competent jurisdiction, to show cause as to why the licensee should not be
2 ordered to cease from further pursuit of business as a licensee. The rule shall
3 be heard by the court not less than two days nor more than ten days, exclusive
4 of holidays, after service of the rule on the licensee. The rule may be tried out
5 of term and in chambers, and shall always be tried by preference. In case the
6 rule is made absolute, the order rendered by the court shall be considered a
7 judgment in favor of the state prohibiting the licensee from the further pursuit
8 of the business until the licensee has paid the delinquent tax, penalties, and
9 interest and has furnished the bond required by this Subpart. Each violation
10 of the injunction shall be considered a contempt of court and shall be
11 punishable in accordance with the law.
12 C. When a bond has been furnished by the licensee, the surety on the
13 bond may be joined in the rule with the licensee and may be held liable in solido
14 for the amount of tax, interest, penalties, attorney fees, and costs.
15 §818.126. Power to stop and investigate vehicles; fines, collection, and
16 enforcement
17 A. The secretary, his authorized designee, any weights and standards
18 police officer, or any motor carrier safety police officer shall be empowered to
19 stop any commercial motor vehicle which appears to be operating with
20 compressed natural gas, liquefied natural gas, or liquefied petroleum gas for the
21 purpose of examining the invoices and for any other investigative purposes
22 reasonably necessary to determine whether the taxes imposed by this Subpart
23 have been paid or whether the vehicle is being operated in compliance with the
24 provisions of this Subpart.
25 B. If, after examination or investigation, it is determined that the tax
26 imposed by this Subpart has not been paid with respect to the compressed
27 natural gas, liquefied natural gas, or liquefied petroleum gas being used in the
28 vehicle, the secretary, his authorized designee, the weights and standards police
29 officer, or the motor carrier safety police officer may assess the tax due together
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1 with the applicable penalty provided in this Subpart, to the owner or operator
2 of the vehicle.
3 C. The secretary, his authorized designee, the weights and standards
4 police officer, or the motor carrier safety police officer may impound any
5 vehicle found to be operating in violation of this Subpart or any vehicle for
6 which inspection has been refused until such time as an inspection has been
7 completed or any tax, interest, penalties, and other charges assessed as provided
8 in this Subpart have been paid.
9 §818.127. Authorization to search; seizure of equipment for evidence
10 A. The secretary may search and examine any warehouse, boat, store,
11 storeroom, automobile, truck, conveyance, vehicle, any and all places of storage,
12 and any and all means of transportation, when there is probable cause to believe
13 the terms of this Subpart have been, or are being, violated.
14 B. The transport of compressed natural gas, liquefied natural gas, or
15 liquefied petroleum gas on which the tax levied pursuant to this Subpart has not
16 been paid shall be prohibited. The means used in the transportation of the
17 compressed natural gas, liquefied natural gas, or liquefied petroleum gas on
18 which the tax levied pursuant to this Subpart has not been paid shall be subject
19 to seizure, forfeiture, and sale as provided in this Subpart.
20 §818.128. Inspection of records, storage facilities; penalty
21 A. The secretary may examine the books, records, and other documents
22 of all companies, agencies, or firms operating in this state, whether the
23 companies, agencies, or firms conduct their business by rail, water, or
24 otherwise, in order to identify licensees that are importing or otherwise shipping
25 compressed natural gas, liquefied natural gas, or liquefied petroleum gas which
26 are liable for tax under this Part. The examination by the secretary authorized
27 by this Section shall be conducted during reasonable business hours of the
28 licensee.
29 B. Any person who refuses to permit an inspection of records or storage
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1 facilities or refuses to permit an audit shall be subject to a penalty of five
2 thousand dollars in addition to any other penalty imposed in accordance with
3 provisions of this Subtitle.
4 §818.129. Unlawful importing, transportation, delivery, storage, or sale of
5 compressed natural gas, liquefied natural gas, or liquefied
6 petroleum; sale to enforce assessment
7 A. Upon the discovery of any compressed natural gas, liquefied natural
8 gas, or liquefied petroleum gas illegally imported into or illegally transported,
9 delivered, stored, or sold within this state, the secretary shall order the tank or
10 other storage receptacle in which the compressed natural gas, liquefied natural
11 gas, or liquefied petroleum gas is located to be seized and locked or sealed until
12 the tax, interest, and penalties levied or imposed in accordance with the
13 provisions of this Subpart are assessed and paid.
14 B. If the tax is not paid within thirty days of the assessment, the secretary
15 may, in addition to other remedies authorized in this Subpart, sell the
16 compressed natural gas, liquefied natural gas, or liquefied petroleum gas and
17 use the proceeds of the sale to satisfy the assessment due. Any funds collected
18 from the sale that exceed the assessment and costs of the sale shall be returned
19 to the owner of the compressed natural gas, liquefied natural gas, or liquefied
20 petroleum gas.
21 C. All compressed natural gas, liquefied natural gas, or liquefied
22 petroleum gas, and any property, corporeal or incorporeal, found on the person
23 or in any vehicle that the person is using, including the vehicle itself, to aid in
24 the transportation or sale of illegally transported, delivered, stored, sold,
25 imported, or acquired compressed natural gas, liquefied natural gas, or
26 liquefied petroleum gas, and any property found in the immediate vicinity of
27 any place where the illegally transported, delivered, stored, sold, imported, or
28 acquired compressed natural gas, liquefied natural gas, or liquefied petroleum
29 gas is located, including motor vehicles, tanks, and other storage devices, used
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1 to aid in the illegal transportation or sale of compressed natural gas, liquefied
2 natural gas, or liquefied petroleum gas shall be subject to seizure, forfeiture,
3 and sale by the secretary in the manner provided for in this Subpart.
4 §818.130. Procedure for forfeiture and sale
5 A. The secretary may, in a summary proceeding or by an action against
6 the owner or operator of any automobile, truck, boat, conveyance, vehicle, or
7 other means of transportation used to transport any compressed natural gas,
8 liquefied natural gas, or liquefied petroleum gas on which a tax is levied by this
9 Subpart, and on which the tax has not been paid in the manner herein provided,
10 demand the forfeiture and sale of the automobile, truck, boat, conveyance,
11 vehicle, or other means of transportation used in the illegal transportation.
12 B. In all cases where it is made to appear by affidavit that the residence
13 of the owner of the automobile, truck, boat, conveyance, vehicle, or other means
14 of transportation is out of state or is unknown to the affiant, the court having
15 jurisdiction of the proceeding shall appoint an attorney to represent the absent
16 owner against whom the rule shall be tried contradictorily within ten days after
17 the filing of the rule. The affidavit may be made by the secretary, or by one of
18 his assistants or the attorney representing the secretary, if it is not convenient
19 to obtain the affidavit from the secretary. The attorney appointed to represent
20 the absent owner may waive service and citation of the petition or rule but shall
21 not waive time or any legal defense.
22 C. If it is established during the trial that the automobile, truck, boat,
23 conveyance, vehicle, or other means of transportation was used to transport
24 compressed natural gas, liquefied natural gas, or liquefied petroleum gas on
25 which the tax had not been paid, then the court shall order the forfeiture of the
26 automobile, truck, boat, conveyance, vehicle, or other means of transportation.
27 The court shall also order the sale of the item subject to forfeiture after ten days
28 notice by advertisement in the official parish paper where the seizure was made.
29 The sale shall be made by the civil sheriff of the parish of Orleans, or by the
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1 sheriff of the parish in which the seizure is made, at public auction at the
2 courthouse to the highest bidder for cash and without appraisal. It is the intent
3 and purpose of this Section to afford the owner of the automobile, truck, boat,
4 conveyance, vehicle, or other means of transportation a fair opportunity for a
5 court hearing and that the forfeiture and sale of the automobile, truck, boat,
6 conveyance, vehicle, or other means of transportation shall operate as a penalty
7 for the violation of this Subpart by illegal transportation. The payment of the
8 tax due at the moment of the seizure or thereafter shall not prevent, abate,
9 discontinue, or defeat the forfeiture and sale of the seized property.
10 D. All funds collected from the seized and forfeited property shall be
11 paid into the state treasury and credited to the same fund or funds that would
12 have received credit for the tax on the product illegally transported.
13 E. The court shall fix the fee of the attorney representing the owner when
14 appointed by the court, at a nominal sum not to exceed ten percent of the
15 amount at issue in the summary proceeding. The attorney fees shall be taxed
16 as costs and shall be paid out of the proceeds of the sale of the property.
17 §818.131. Commission of prohibited acts; misdemeanors; felonies; penalties
18 A. Any person who commits any of the following offenses is guilty of a
19 misdemeanor, and upon conviction shall be fined not less than one thousand
20 dollars nor more than five thousand dollars or imprisoned for not more than
21 two years, or both:
22 (1) Failure to maintain any record required by this Subpart.
23 (2) Making a tax-free sale or delivery of compressed natural gas,
24 liquefied natural gas, or liquefied petroleum gas into the fuel supply tank of a
25 motor vehicle.
26 (3) Making a false statement in a license application, return, invoice,
27 statement, or any other document required under this Subpart.
28 (4) Making a false statement in an application for a refund.
29 (5) Failure to make a required disclosure of the correct amount of
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1 compressed natural gas, liquefied natural gas, or liquefied petroleum gas sold
2 or used in this state.
3 (6) Failure to file a new, replacement, larger, or additional surety bond
4 as required under this Subpart.
5 (7) Interference with or refusal to permit seizures authorized by this
6 Subpart.
7 (8) Operating a liquefied gas-propelled motor vehicle that is required to
8 be licensed in this state, including a motor vehicle equipped with dual
9 carburetion, and without displaying a multi-state fuels tax agreement decal.
10 (9) Refusal to permit the secretary or his designee or the Louisiana
11 Liquefied Petroleum Gas Commission or its designee to measure or gauge the
12 contents of or take samples from a storage tank or container on premises where
13 compressed natural gas, liquefied natural gas, or liquefied petroleum gas is
14 produced, processed, stored, sold, delivered, or used.
15 (10) Transporting compressed natural gas, liquefied natural gas, or
16 liquefied petroleum gas under a false cargo manifest or shipping document, or
17 transporting compressed natural gas, liquefied natural gas, or liquefied
18 petroleum gas to a location without delivering a shipping document relating to
19 that shipment.
20 B. Any person who commits any of the following offenses with the intent
21 either to evade or to circumvent the tax levied by this Subpart or to assist any
22 other person in efforts to evade or to circumvent the tax levied by this Subpart
23 shall be guilty of a felony, and upon conviction shall be fined not less than five
24 thousand dollars nor more than an amount commensurate with the amount of
25 tax combined with interest and penalties lost to the state due to the illegal
26 actions or imprisoned with or without hard labor for not less than two nor more
27 than ten years, or both:
28 (1) Altering, manipulating, replacing, or in any other manner tampering
29 or interfering with, or causing to be altered, manipulated, replaced, tampered,
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1 or interfered with, a totalizer attached to compressed natural gas, liquefied
2 natural gas, or liquefied petroleum gas to measure the dispensing of compressed
3 natural gas, liquefied natural gas, or liquefied petroleum gas.
4 (2) Failure to pay compressed natural gas, liquefied natural gas, or
5 liquefied petroleum gas taxes and diversion of the tax proceeds for other
6 purposes.
7 (3) As a licensee or the agent or representative of a licensee, conversion
8 or attempting to convert compressed natural gas, liquefied natural gas, or
9 liquefied petroleum gas tax proceeds for the use of the licensee or the licensee's
10 agent or representative with the intent to defraud the state.
11 (4) Collection of compressed natural gas, liquefied natural gas, or
12 liquefied petroleum gas taxes when not authorized or licensed by the secretary
13 to do so.
14 (5) Selling or delivering compressed natural gas, liquefied natural gas,
15 or liquefied petroleum gas on which the person knows the tax is required to be
16 collected, if at the time the sale is made the person does not hold a valid dealer's
17 license.
18 (6) Importing compressed natural gas, liquefied natural gas, or liquefied
19 petroleum gas into this state in contravention of this Subpart.
20 (7) Conspiring with any person or persons to engage in an act, plan, or
21 scheme to defraud this state of compressed natural gas, liquefied natural gas,
22 or liquefied petroleum gas tax proceeds.
23 (8) Concealing compressed natural gas, liquefied natural gas, or liquefied
24 petroleum gas with the intent of engaging in any conduct prohibited by this
25 Subpart.
26 (9) Refusal to make sales of compressed natural gas, liquefied natural
27 gas, or liquefied petroleum gas on the volume-corrected basis prescribed by this
28 Subpart.
29 (10) Failure to remit any tax levied pursuant to this Subpart to the
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1 secretary, if the person has added or represented that the tax was added to the
2 sales price of the compressed natural gas, liquefied natural gas, or liquefied
3 petroleum gas and has collected the amount of the tax.
4 C. Each offense shall be subject to a separate penalty.
5 §818.132. Collaboration with commissioner of agriculture
6 Notwithstanding any provision of law to the contrary, the commissioner
7 of agriculture shall have the duty and authority to assist the secretary of the
8 Department of Revenue in collecting the taxes and any interest or penalties due
9 pursuant to the provisions of this Subpart, and the provisions of Subpart E of
10 Part II of Chapter 30 of Title 3 of the Louisiana Revised Statutes of 1950 that
11 are not inconsistent with this duty shall apply for such purposes. Subject to the
12 oversight of the House Committee on Ways and Means and the Senate
13 Committee on Revenue and Fiscal Affairs, the commissioner, in consultation
14 with the secretary, shall promulgate rules pursuant to the Administrative
15 Procedure Act to provide procedures and processes for the orderly regulation
16 and enforcement of the laws governing taxation of compressed natural gas,
17 liquefied natural gas, and liquefied petroleum gas.
18 Section 2. R.S. 3:4602(12.1) and 4684 are hereby amended and reenacted and R.S.
19 3:4690.1 is hereby enacted to read as follows:
20 §4602. Definitions
21 As used in this Chapter, the following terms shall have the following
22 meanings:
23 * * *
24 (12.1) "Petroleum (a) Except as provided in Subparagraph (b) of this
25 Paragraph, "petroleum product" means any refined hydrocarbon mixture including
26 motor oil, kerosene, gasoline, gasohol, diesel fuel, aviation fuel, heating kerosene,
27 and any blend of two or more refined hydrocarbon mixtures except liquefied
28 petroleum gas and natural gas.
29 (b) For purposes of enforcement of the provisions of R.S. 47:818.111 et
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1 seq. regarding taxes on special fuels, "petroleum product" shall include
2 compressed natural gas, liquefied natural gas, and liquefied petroleum gas as
3 those terms are defined in R.S. 47:818.2.
4 * * *
5 §4684. Fee to be collected for testing, etc.
6 A. For the purpose of defraying the expenses connected with the inspection,
7 testing, and analyzing of petroleum products in this state and enforcement of this
8 Chapter, there shall be collected by the secretary of the Department of Revenue a fee
9 of four thirty-seconds of one cent per gallon on all petroleum products except
10 liquefied petroleum gas and compressed or liquefied natural gas, distributed,
11 sold, or offered or exposed for sale or use or consumption in the state or used or
12 consumed in the state which shall be paid before delivery to agents, dealers, or
13 consumers in the state. The fee provided for in this Subsection does not include
14 liquefied petroleum gas, natural gas, or bulk sale or transfers. Excluding bulk sales
15 or transfers, the fee will be imposed upon the removal from an Internal Revenue
16 Service approved terminal using the terminal rack. The position holder shall collect
17 the fee imposed from the person who orders the withdrawal at the terminal rack.
18 Exports out of the state shall not be subject to the fee. A fee is also imposed on the
19 above-referenced fuel upon import to the state excluding bulk sale or transfer for
20 delivery within the state. This fee shall be paid by the first importer. However, no fee
21 shall be due on fuels that are eligible for tax refunds under the provisions of R.S.
22 47:818.15(A)(5) or that are sold for use in or distributed to seagoing vessels as
23 defined in R.S. 3:4602.
24 B. The secretary of the Department of Revenue is authorized to seize and
25 hold these products on which the fee has not been paid until such time as the fee has
26 been paid. Any expense incurred in the seizure and holding of any product so seized
27 shall be assessed in addition to the fee and collected at the same time the fee is
28 collected.
29 * * *
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1 §4690.1. Enforcement of certain tax provisions
2 Notwithstanding any provision of law to the contrary, the commissioner
3 shall have the duty and authority to assist the secretary of the Department of
4 Revenue in collecting the taxes and any interest or penalties due pursuant to the
5 provisions of R.S. 47:818.111 et seq., and the provisions of this Subpart that are
6 not inconsistent with this duty shall apply for such purposes. Subject to the
7 oversight of the House Committee on Ways and Means and the Senate
8 Committee on Revenue and Fiscal Affairs, the commissioner, in consultation
9 with the secretary, shall promulgate rules pursuant to the Administrative
10 Procedure Act to provide procedures and processes for the orderly regulation
11 and enforcement of the laws governing taxation of compressed natural gas,
12 liquefied natural gas, and liquefied petroleum gas.
13 Section 3. R.S. 47:818.101 through 104 are hereby repealed.
14 Section 4. If the Act which originated as HB736 of the 2015 Regular Session of the
15 Legislature, or any other Act of such session, increases the tax on gasoline or special fuels,
16 then the provisions of such Act shall apply to R.S. 47:818.111 as enacted in this Act.
17 Section 5. This Act shall become effective on July 1, 2015; if vetoed by the governor
18 and subsequently approved by the legislature, this Act shall become effective on July 1,
19 2015, or on the day following such approval by the legislature, whichever is later.
The original instrument was prepared by Laura Gail Sullivan. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Nancy Vicknair.
DIGEST
SB 271 Re-Reengrossed 2015 Regular Session White
Present law provides for taxation of special fuels - including compressed natural gas,
liquified natural gas, and liquified petroleum gas - sold, used, or consumed in La. for the
operation of motor vehicles licensed or required to be licensed for highway use at the rate
of 16¢ per gallon.
Proposed law retains present law.
Present law provides for administrative discount to supplier for filing returns and remitting
payment timely. Proposed law reduces rate from one and one-half percent to one-half
percent.
Present law allows supplier to allow purchaser who is a validly licensed distributor or
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importer a deduction. Proposed law reduces deduction from one percent to one-third of one
percent.
Present law allows validly licensed distributor or importer that pays the tax due a supplier
timely to deduct a discount from the amount due. Proposed law reduces amount of discount
from one percent to one-third of one percent.
Present law specifies that present law 16-cent-per-gallon tax does not apply to compressed
natural gas, liquefied natural gas, or liquefied petroleum gas sold to, delivered to, or used by
any person who pays an annual fuel tax levied under other provisions of present law
enforced by requiring the taxpayer to obtain a decal on his motor vehicle, which is to be
enforced when the vehicle is inspected.
Proposed law deletes this exception and method of taxation and removes the provisions
allowing for an annual fuel tax enforced by the decal.
Proposed law provides for determinations of a special fuel's energy content in relation to a
gallon of gasoline or diesel beginning July 1, 2015. Specifies that for purposes of levying
the 16-cent-per-gallon tax:
(1)The gasoline gallon equivalent shall be 5.660 pounds of compressed natural gas.
(2)The diesel gallon equivalent shall be 6.060 pounds of liquified natural gas.
(3)The gasoline gallon equivalent shall be 3.066 pounds of liquified petroleum gas.
Proposed law requires the tax to be collected by any person or entity upon the delivery of
the fuel into the fuel supply tank of a motor vehicle. However, requires any person or entity
to obtain a license for utilizing, delivering, or selling such fuels and otherwise provides for
requirements for collection of the per-gallon tax by the licensed users, dealers, and sellers;
application, suspension, cancellation, and revocation of licenses; bond requirements; returns,
payments, credits, refunds, and fines, penalties, and interest for failure to pay associated with
the tax; records retention and inspection; and investigative and enforcement authority,
including authorization for search and seizure and criminal penalties for certain prohibited
acts.
Proposed law authorizes and requires the Commissioner of Agriculture to assist the secretary
of the Dept. of Revenue in collecting the taxes and any interest or penalties due pursuant to
the provisions of proposed law. Requires the commissioner, in consultation with the
secretary, to promulgate rules pursuant to the Administrative Procedure Act to provide
procedures and processes for the orderly regulation and enforcement of the laws governing
taxation of compressed natural gas, liquified natural gas, and liquified petroleum gas.
Proposed law makes such fuels subject to any other tax which may be levied on special fuels
by any other provision of law and specifies that it is subject to the Act which originated as
HB736 of the 2015 Regular Session of the Legislature, or any other Act of such session,
which increases the tax on gasoline or special fuels.
Effective July 1, 2015.
(Amends R.S. 3:4602(12.1) and 4684 and R.S. 47:818.2(intro para), (18), (22), (43), (44),
(58), and (63), and 818.22(A) and (B); adds R.S. 3:4690.1 and R.S. 47:818.111-818.132;
repeals R.S. 47:818.101-104)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 271
SLS 15RS-503 RE-REENGROSSED
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Revenue and Fiscal
Affairs to the original bill
1. Subjects the fuels to a fee of four thirty-seconds of one cent per gallon.
2. Changes the effective date from January 1, 2016 to July 1, 2015.
3. Proposed law makes such fuels subject to any other tax which may be levied
on special fuels by any other provision of law.
4. Requires the tax to be collected by any person or entity upon the delivery of
the fuel into the fuel supply tank of a motor vehicle.
Committee Amendments Proposed by Senate Committee on Finance to the
engrossed bill
1. Reduces administrative discount to supplier for filing returns and remitting
payment timely from one and one-half percent to one-half percent.
2. Reduces deduction supplier allows to purchaser who is a validly licensed
distributor or importer from one percent to one-third of one percent.
3. Reduces amount of discount validly licensed distributor or importer who
pays supplier timely may deduct from one percent to one-third of one
percent.
4. Removes language regarding fee on special fuels and removes the
requirement for the fee to be collected upon the delivery of the fuel into the
fuel supply tank of a motor vehicle and remitted to the department.
Senate Floor Amendments to reengrossed bill
1. Makes technical changes.
2. Authorizes, rather than requires, the secretary to cancel a dealer's license if
the license holder has not reported a delivery during the previous nine
months.
3. Changes the term "diesel gallon equivalent" to "gasoline gallon equivalent"
and provides that the gasoline gallon equivalent for liquefied petroleum gas
is 3.066 pounds.
4. Adds requirement that a licensee must have a current permit by the La.
Propane Gas Commission in order to obtain a waiver of the surety bond.
Page 31 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.