2001 Montana Legislature

About Bill -- Links

SENATE BILL NO. 58

INTRODUCED BY M. HALLIGAN

Montana State Seal

AN ACT RELATING TO CIVIL AND CRIMINAL PENALTIES FOR VIOLATION OF THE PROVISIONS OF MOTOR FUELS LAWS; ALLOWING THE DEPARTMENT OF TRANSPORTATION TO IMPOSE CIVIL PENALTIES FOR VIOLATION OF GASOLINE AND SPECIAL FUEL LAWS; REDUCING THE MAXIMUM FINE FOR A CRIMINAL VIOLATION OF THE SPECIAL FUEL LAWS; AMENDING SECTIONS 15-70-330 AND 15-70-336, MCA; AND PROVIDING AN EFFECTIVE DATE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Civil penalty. The department may, after giving notice and holding a hearing, if requested, pursuant to Title 2, chapter 4, part 6, impose a civil penalty not to exceed $100 for any violation of this part. The civil penalty may be in addition to the criminal penalties imposed under 15-70-232.



     Section 2.  Civil penalty. The department may, after giving notice and holding a hearing, if requested, pursuant to Title 2, chapter 4, part 6, impose a civil penalty not to exceed $100 for any violation of this part. The civil penalty may be in addition to the criminal penalties imposed under 15-70-330, 15-70-336, and 15-70-366.



     Section 3.  Section 15-70-330, MCA, is amended to read:

     "15-70-330.  Special fuel penalties. (1) In the case of a special fuel user who refuses or fails to file a return required by this part within the time prescribed by 15-70-103 and 15-70-325, there is imposed a penalty of $25 or a sum equal to 10% of the tax due, whichever is greater, together with interest at the rate of 1% on the tax due for each calendar month or fraction of a month during which the refusal or failure continues. However, if any special fuel user establishes to the satisfaction of the department that the failure to file a return within the time prescribed was due to reasonable cause, the department shall waive the penalty provided by this section.

     (2)  Whenever a special fuel user files a return but fails to pay in whole or in part the tax due under this part, interest at the rate of 1% per a month or fraction of a month from the date on which the tax was due to the date of payment in full must be added to the amount due and unpaid.

     (3)  (a) A special fuel user may not use dyed special fuel to operate a motor vehicle upon the public roads and highways of this state unless the fuel is subject to taxation under 15-70-321(1)(b) or the use is permitted pursuant to rules adopted under subsection (3)(b). The purposeful or knowing use of dyed special fuel in a motor vehicle operating upon the public roads and highways of this state in violation of this subsection is subject to the civil penalty imposed under [section 2] for the first offense. A subsequent offense is a misdemeanor punishable by a fine not to exceed $500 upon conviction for the first offense, not to exceed $1,000 upon conviction for the second offense, and not to exceed $2,000 for each subsequent conviction as provided in 15-70-336. Each use is a separate offense.

     (b)  The department shall adopt and enforce reasonable rules for the movement of off-highway vehicles traveling from one location to another on public highways, public roads, or streets when using dyed fuel or nontaxed fuel.

     (4)  The operator of the vehicle is liable for the tax imposed in 15-70-321. If the operator refuses or fails to pay the tax, in whole or in part, the seller of the special fuel is jointly and severally liable for the tax imposed under 15-70-321 and for the penalties described in this section if the seller knows or has reason to know that the fuel will be used for a taxable purpose."



     Section 4.  Section 15-70-336, MCA, is amended to read:

     "15-70-336.  Criminal penalties. (1) Any A person violating any provision of 15-70-101 or this part, except 15-70-311 through 15-70-314 and 15-70-321, is guilty of a misdemeanor unless the act is by any other law of this state declared to be a felony and upon conviction is punishable by a fine of not less than $100 or more than $2,000 $1,000 or by imprisonment for not less than 30 days or more than 6 months, or by both such fine and imprisonment.

     (2)  The fine and imprisonment provided for in this section shall be is in addition to any other penalty imposed by any other provision of this part."



     Section 5.  Codification instruction. (1) [Section 1] is intended to be codified as an integral part of Title 15, chapter 70, part 2, and the provisions of Title 15, chapter 70, part 2, apply to [section 1].

     (2) [Section 2] is intended to be codified as an integral part of Title 15, chapter 70, part 3, and the provisions of Title 15, chapter 70, part 3, apply to [section 2].



     Section 6.  Effective date. [This act] is effective July 1, 2001.

- END -




Latest Version of SB 58 (SB0058.ENR)
Processed for the Web on March 12, 2001 (11:17AM)

New language in a bill appears underlined, deleted material appears stricken.

Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.

Status of this Bill | 2001 Legislature | Leg. Branch Home
All versions of this bill (PDF Format)
Authorized print version w/line numbers (PDF format)

Prepared by Montana Legislative Services

(406)444-3064