FORTY-THIRD LEGISLATURE
FIRST SESSION
March 16, 1997
HOUSE FLOOR AMENDMENT number ___1___ to HOUSE BILL 1257, as amended
Amendment sponsored by Representative Jerry W. Sandel
1. Strike House Taxation and Revenue Committee Amendment 2.
2. On page 1, line 13, after "ACT" strike the remainder of the
line, strike all of line 14 and strike line 15 up to the semicolon.
3. On page 2, line 18, strike "a rack operator or".
4. On page 7, between lines 21 and 22, insert the following
subsection:
"N. "received" means:
(1)
(a) gasoline that is produced, refined,
manufactured, blended or compounded at a refinery in this state or
stored at a pipeline terminal in this state by any person is "received"
by such person when it is loaded there into tank cars, tank trucks,
tank wagons or other types of transportation equipment, or when it is
placed into any tank or other container from which sales or deliveries
not involving transportation are made;
(b) when, however, such gasoline is delivered at the
refinery or pipeline terminal to another person registered as a
distributor under the Gasoline Tax Act, then it is "received" by the
distributor to whom it is so delivered;
(c) when such gasoline is delivered at the refinery
or pipeline terminal to another person not registered as a distributor
under the Gasoline Tax Act for the account of a person that is so
registered, it is "received" by the distributor for whose account it is
delivered; and
(d) when gasoline is shipped to a distributor, or
for the account of a distributor, away from the refinery or pipeline
terminal, it is "received" by the distributor where it is unloaded;
(2) notwithstanding the provisions of Paragraph (1) of
this subsection, when gasoline is shipped or delivered from a refinery
or pipeline terminal to another refinery or pipeline terminal, such
gasoline is not "received" by reason of such shipment or delivery;
(3) any product other than gasoline that is blended to
produce gasoline other than at a refinery or pipeline terminal in this
state is "received" by a person who is the owner thereof at the time
and place the blending is completed; and
(4) except as otherwise provided, gasoline is "received"
at the time and place it is first unloaded in this state and by the
person who is the owner thereof immediately preceding the unloading,
unless the owner immediately after the unloading is a registered
distributor, in which case such registered distributor is considered as
having received the gasoline;".
5. Reletter the succeeding subsections accordingly.
6. On page 8, line 6, strike "and" and between lines 6 and 7,
insert the following subsection:
"R. "unloaded" means removal of gasoline from tank cars, tank
trucks, tank wagons or other types of transportation equipment into a
nonmobile container at the place at which the unloading takes place;
and".
7. Reletter the succeeding subsection accordingly.
8. On pages 8 through 10, strike Section 2 in its entirety.
9. Renumber the succeeding sections accordingly.
10. On page 11, strike lines 13 through 25 and on page 12, strike
lines 1 through 3.
11. Renumber the succeeding sections accordingly.
___________________________
Jerry W. Sandel
Adopted ___________________ Not Adopted ___________________________
(Chief Clerk) (Chief Clerk)
Date ________________