1998 Regular Session
By: Senator(s) Little (By Request)
Senate Bill 2795
AN ACT TO AMEND SECTION 27-61-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE LIABILITY FOR THE COMMERCIAL CARRIERS MOTOR FUEL TAX MAY BE DISCHARGED BY HAVING A VALID CREDENTIAL ISSUED BY ANY MEMBER JURISDICTION OF THE INTERNATIONAL FUEL TAX AGREEMENT AND COMPLYING FULLY WITH THE INTERNATIONAL FUEL TAX AGREEMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-61-7, Mississippi Code of 1972, is amended as follows:
27-61-7. The liability for the tax levied and imposed by this chapter shall arise and accrue at the time and place where any motor vehicle owned or operated by any carrier specified in this chapter shall go or enter upon any highway of this state. The amount of tax for which any owner or operator is liable shall be paid and the tax liability of such owner or operator shall be discharged by one (1) of the following methods:
(a) By the purchase of a sufficient amount or quantity of fuel from a wholesale or retail dealer or distributor to operate such motor vehicle in this state; provided, however, that at the time of the purchase of such fuel, the owner or operator of such motor vehicle shall obtain, from the dealer or distributor from whom purchased, an invoice or sales ticket on forms approved by the commission, which shall contain such information as the commission shall deem reasonably necessary for the administration of this chapter. Said invoices shall remain in the motor vehicle for the remainder of the trip over the highways of this state, and thereafter shall be preserved and retained by the owner or operator for a period of not less than three (3) years, and shall be produced for the inspection and examination of the commission at any reasonable time and place, either within or without this state, upon proper demand therefor.
(b) By having a valid credential issued by any member jurisdiction of the International Fuel Tax Agreement and complying fully with the International Fuel Tax Agreement.
* * *
For the purposes of paragraph (a) * * * of this section, the quantity of fuel needed to operate a motor vehicle in this state shall be determined by dividing the average miles per gallon allowed for each type of classification of motor vehicle into the number of miles such vehicle is deemed to have traveled in the state.
There shall be no credit allowed or adjustment made for any fuel consumed in auxiliary equipment when the fuel consumed by such equipment is supplied by the same fuel tank or tanks that supply fuel for the operation of the motor vehicle. Provided further that no credit shall be allowed or adjustments made for fuel used in power-take-off operations, loading or offloading or for idle time.
SECTION 2. This act shall take effect and be in force from and after its passage.