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8-17-84
Section 8-17-84 Records to be kept; preservation and inspection of records; regulations as
to keeping of records. (a) Each person required to be licensed under Section 40-17-332(a),
(b), or (f) for gasoline, or permitted under Section 8-17-96 for dyed diesel fuel, dyed kerosene,
or lubricating oil, and each bulk user and retailer shall keep and maintain all records pertaining
to the petroleum products received, produced, manufactured, refined, compounded, used, sold,
imported, or delivered, together with delivery tickets, invoices, bills of lading, and other
pertinent records and papers required by the Department of Revenue for the reasonable administration
of this article, for a period of no less than three years. (b) All such records shall be preserved
for a period of three years and shall at all times during the business hours of the day be
subject to inspection by the Revenue Commissioner or his or her agents or representatives.
(c) The Revenue Commissioner may prescribe...
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40-23-130
Section 40-23-130 Calculation of municipal or county gross receipts tax. Any gross receipts
tax imposed by a municipality or county on the sale of gasoline and motor fuel shall be based
on the gross receipts from the sale of gasoline and motor fuel minus any taxes imposed on
the sale of gasoline and motor fuel by the state, federal, or local governments. (Acts 1994,
1st Ex. Sess., No. 94-792, p. 98, §1.)...
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40-17-274
Section 40-17-274 Disbursement. (a) The proceeds of the tax herein levied accruing to the State
of Alabama, less the actual costs of collection, shall be paid by the department to the State
Treasurer for disbursement as follows: (1) That portion of the tax that is attributable to
the use of motor fuel subject to the gasoline tax shall be disbursed in the manner provided
by law for the disbursement of the proceeds of the gasoline tax. (2) That portion of the tax
that is attributable to the use of motor fuel subject to the diesel fuel tax shall be disbursed
in the manner provided by law for the disbursement of the proceeds of the diesel fuel tax.
(b) The cost of collection shall be the sum of money appropriated each year by law to the
department with which to pay salaries and the cost of operation of the department related
to the taxes collected pursuant to this article, which shall be deducted, as a first charge
from the taxes collected pursuant to this article. The expenditure of the...
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40-17-146
Section 40-17-146 Disposition of proceeds of tax; appropriations. The proceeds of the tax hereby
imposed shall be disbursed as follows: That portion thereof that is attributable to the use
of motor fuel subject to the gasoline tax shall be disbursed in the manner provided by law
for the disbursement of the proceeds of the gasoline tax; and that portion thereof that is
attributable to the use of motor fuel subject to the diesel fuel tax shall be disbursed in
the manner provided by law for the disbursement of the proceeds of the diesel fuel tax. The
cost of administering and enforcing this article for each fiscal year shall be paid to the
state Department of Revenue, to be allotted and budgeted under Article 4 of Chapter 4 of Title
41, in addition to the regular appropriation to such department. (Acts 1961, No. 674, p. 925,
§7; Acts 1965, No. 750, p. 1357, §4.)...
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40-17-330
Section 40-17-330 Refund petitions and claims. (a) Any person entitled to a refund pursuant
to Section 40-17-329 within two years of the date that the motor fuel was purchased shall
present to the department a petition accompanied by the original or duplicate original sales
slip, invoice, or any other documentation approved by the department showing the gallons of
motor fuel purchased and the taxes paid. The petition shall be in a format prescribed by the
commissioner, shall be accompanied by supporting records, and sworn to by the applicant under
the penalty of perjury. (b) The licensed distributor filing a refund claim pursuant to subsection
(b) of Section 40-17-329 shall be eligible for an administrative allowance of two cents ($.02)
on each gallon of gasoline and diesel fuel covered by the claim. (c) The right to receive
any refund under this section is not assignable and any assignment thereof is void and of
no effect. (d) Any applicant for a refund who willfully files an...
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45-28-244
Section 45-28-244 Taxes authorized. (a) The Etowah County Commission is hereby authorized and
empowered to levy either a county gasoline tax that would remain in effect indefinitely in
all areas of the county in an amount not to exceed two cents ($0.02) per gallon on gasoline
and motor fuel and substitutes therefor or to levy a one cent ($0.01) county sales and use
tax in all areas of the county that would only be in effect from its date of imposition until
December 31, 1995, at which time such sales and use tax would expire and no longer be in effect.
(b) Should the county commission choose to impose a gasoline tax under subsection (a), such
tax shall be levied on persons, corporations, copartnerships, companies, agencies, and associations
engaged in the business of selling, distributing, storing, or withdrawing from storage, for
any purpose whatever, gasoline, motor fuels, and substitutes therefor anywhere in Etowah County.
Such gasoline and motor fuel taxes levied under this section...
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45-45-175.01
Section 45-45-175.01 Location - Proximity to fire department. (a)(1) In Madison County, any
petroleum product tank farm shall be within five miles of and served by a full-time paid fire
department. The site of any petroleum product tank farm shall be approved by resolution of
the county commission if located outside of the corporate limits of a municipality or by either
resolution of the municipal governing body or by compliance with applicable zoning laws if
located within the corporate limits of a municipality. The petroleum product tank farm operator
shall provide periodic training and fire protection equipment to the fire department staff,
at no cost, for specific risks of fire and spills that could occur. In addition, the petroleum
product tank farm operator shall do all of the following: a. Include all fire protection equipment
required by the National Fire Protection Association Code for petroleum products terminals.
b. Participate in a mutual aid group within the community to...
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8-22-4
Section 8-22-4 Definitions. The following terms shall have the meanings ascribed to them in
this section unless otherwise stated and unless the context or subject matter clearly indicates
otherwise: (1) PERSON. Any person, firm, association, organization, partnership, business
trust, joint stock company, company, corporation, or legal entity. (2) MOTOR FUEL. Those products
upon which the state excise tax levied, or defined, in Sections 40-17-1 through 40-17-52 and
40-17-170, as amended, is imposed. (3) WHOLESALER. Includes any person qualified as a wholesaler
of motor fuel with the state Revenue Commissioner, and shall also mean and include any person,
other than a buying pool defined herein, wherever resident or located, who brings or causes
to be brought into this state motor fuel purchased directly from the manufacturer thereof.
(4) WHOLESALE DISTRIBUTION. Any person, or the act of any person, including any affiliate
of such person, in commerce within the state, who purchases motor...
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23-6-10
Section 23-6-10 Revenues of corporation. For the purpose of providing funds to enable the corporation
to pay the principal of, premium, if any, and interest on any bonds issued by it under the
provisions of this chapter, and to accomplish the purposes and objects of its creation, there
hereby are irrevocably pledged to such purpose and appropriated so much as may be necessary
for such purpose of the following: The State Department of Transportation's portion of the
four cent per gallon excise tax levied on gasoline, motor fuel, and lubricating oil under
the provisions of Title 40, Chapter 17, Article 6. All moneys hereby appropriated and pledged
shall constitute a sinking fund for the purpose of paying the principal of, premium, if any,
and the interest on bonds of the corporation. (Acts 1985, No. 85-549, p. 833, §10.)...
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40-17-141
Section 40-17-141 Levy; amount of tax. Every motor carrier shall pay an excise tax upon motor
fuels used in its operations within this state at the same rate per gallon as shall be currently
in effect for the classifications of fuels so used under applicable statutes levying the gasoline
tax and diesel fuel tax, as such terms are defined in subdivisions (6) and (7) of Section
40-17-140. (Acts 1961, No. 674, p. 925, §2.)...
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