RS 3:4684 Fee to be collected for testing, etc. - Louisiana Statutes

§4684.  Fee to be collected for testing, etc.

NOTE:  §4684 eff. until July 1, 2006.  See Acts 2005, No. 252, §3.

For the purpose of defraying the expenses connected with the inspection, testing, and analyzing of petroleum products in this state and enforcement of this Chapter, there shall be collected by the secretary of the Department of Revenue a fee of four thirty-seconds of one cent per gallon on all petroleum products distributed, sold, or offered or exposed for sale or use or consumption in the state or used or consumed in the state which shall be paid before delivery to agents, dealers, or consumers in the state.  The fee does not include liquefied petroleum gas, natural gas, or bulk sale or transfers.  Excluding bulk sales or transfers, the fee will be imposed upon the removal from an Internal Revenue Service approved terminal using the terminal rack.  The position holder shall collect the fee imposed from the person who orders the withdrawal at the terminal rack.  Exports out of the state shall not be subject to the fee.  A fee is also imposed on the above-referenced fuel upon import to the state excluding bulk sale or transfer for delivery within the state.  This fee shall be paid by the first importer.  However, no fee shall be due on special fuels that are eligible for tax refunds under the provisions of R.S. 47:802.2 or that are sold for use in or distributed to seagoing vessels as defined in R.S. 3:4602.  The secretary of the Department of Revenue is authorized to seize and hold these products on which the fee has not been paid until such time as the fee has been paid.  Any expense incurred in the seizure and holding of any product so seized shall be assessed in addition to the fee and collected at the same time the fee is collected.

NOTE:  §4684 as amended by Acts 2005, No. 252, §3, eff. July 1, 2006:

For the purpose of defraying the expenses connected with the inspection, testing, and analyzing of petroleum products in this state and enforcement of this Chapter, there shall be collected by the secretary of the Department of Revenue a fee of four thirty-seconds of one cent per gallon on all petroleum products distributed, sold, or offered or exposed for sale or use or consumption in the state or used or consumed in the state which shall be paid before delivery to agents, dealers, or consumers in the state.  The fee does not include liquefied petroleum gas, natural gas, or bulk sale or transfers.  Excluding bulk sales or transfers, the fee will be imposed upon the removal from an Internal Revenue Service approved terminal using the terminal rack.  The position holder shall collect the fee imposed from the person who orders the withdrawal at the terminal rack.  Exports out of the state shall not be subject to the fee.  A fee is also imposed on the above-referenced fuel upon import to the state excluding bulk sale or transfer for delivery within the state.  This fee shall be paid by the first importer.  However, no fee shall be due on fuels that are eligible for tax refunds under the provisions of R.S. 47:818.15(A)(5) or that are sold for use in or distributed to seagoing vessels as defined in R.S. 3:4602.  The secretary of the Department of Revenue is authorized to seize and hold these products on which the fee has not been paid until such time as the fee has been paid.  Any expense incurred in the seizure and holding of any product so seized shall be assessed in addition to the fee and collected at the same time the fee is collected.

Acts 2003, No. 139, §1, eff. May 28, 2003; Acts 2004, No. 47, §1, eff. May 21, 2004; Acts 2005, No. 252, §3, eff. July 1, 2006.