FIFTY-SECOND LEGISLATURESB 386/a

FIRST SESSION, 2015



February 19, 2015


Mr. President:


    Your FINANCE COMMITTEE, to whom has been referred


SENATE BILL 386


has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:


    1. On page 1, line 13, before the period, insert "; PROVIDING A REFUND OF THE PETROLEUM PRODUCTS LOADING FEE ON PRODUCTS PREVIOUSLY LOADED FROM A SOURCE OTHER THAN A REFINER OR PIPELINE TERMINAL".


    2. On page 2, line 5, after "allow", insert a comma and strike the comma after "claim".


    3. On page 2, between lines 16 and 17, insert the following new section:


    "SECTION 2. A new section of the Petroleum Products Loading Fee Act is enacted to read:


    "[NEW MATERIAL] CLAIM FOR REFUND OF PETROLEUM PRODUCTS LOADING FEE ON PRODUCTS PREVIOUSLY LOADED FROM A SOURCE OTHER THAN A REFINER OR PIPELINE TERMINAL.--


         A. Upon the submission of proof satisfactory to the department, a distributor may claim, and the department may allow, a claim for refund of a New Mexico tax paid on petroleum products previously loaded in New Mexico from a source other than a refiner or pipeline terminal in this state and placed in a terminal from which it will be loaded into tank cars, tank trucks, tank wagons or other types of transportation equipment.


         B. No person may submit claims for refund pursuant to this section more frequently than quarterly. No claim for refund may be submitted or allowed on less than one hundred gallons.


         C. The department may prescribe the documents necessary to support a claim for refund pursuant to the provisions of this section."".


    4. Renumber the succeeding sections accordingly.


    5. On page 3, line 7, after "allow", insert a comma and strike the comma after "claim".





                               Respectfully submitted,




                               ___________________________________

                               John Arthur Smith, Chairman




Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)



                  Date ________________________



The roll call vote was 10 For 0 Against

Yes:     10

No:      0

Excused: None

Absent:  None



SB0386FC1.wpd                                              .200467.1