A. Upon the submission of proof satisfactory to the department, a user of special fuel may submit and the department may allow a claim for refund of tax paid on special fuel used to propel a vehicle authorized by contract with the public education department or with a public school district as a school bus, to propel a vehicle off-road, to operate auxiliary equipment by a power take-off from the main engine or transmission of a vehicle or to operate a non-automotive apparatus mounted on a vehicle when the special fuel used for such purposes and the special fuel used to propel the vehicle on the highways are drawn from a common supply tank. The vehicle must be registered with the department. The user must be registered with the department for purposes of reporting and paying gross receipts tax.

B. No person may submit claims for refund pursuant to the provisions of this section more frequently than quarterly. No claim for refund may be submitted or allowed on less than one hundred gallons.

C. The department may prescribe the documents necessary to support a claim for refund pursuant to the provisions of this section. The department may prescribe the use of types of monitoring or measuring equipment.

D. This section applies to special fuel purchased on or after July 1, 2001, except for the refund for special fuel used to propel a school bus, which applies to special fuel purchased on or after July 1, 2005.

History: 1978 Comp., § 7-16A-13.1, enacted by Laws 2001, ch. 43, § 2; 2005, ch. 232, § 2; 2006, ch. 73, § 1; 2006, ch. 74, § 2.

2006 Multiple Amendments. — Laws 2006, ch. 73, § 1 and Laws 2006, ch. 74, § 2 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2006, ch. 74, § 2, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2006, ch. 73, § 1 and Laws 2006, ch. 74, § 2 are described below. To view the session laws in their entirety, see the 2006 session laws on NMOneSource.com.

Laws 2006, ch. 74, § 2, effective May 17, 2006, deleted the exception relating to a holder of a bulk storage user permit.

Laws 2006, ch. 73, § 1, effective July 1, 2006, added "or with a public school district" in Subsection A.

The 2005 amendment, effective July 1, 2005, in Subsection A, provided that the department may allow a claim for refund of tax paid on special fuel used to propel a vehicle authorized by contract with the public education department as a school bus; and in Subsection D, provided that the section applies to special fuel to propel a school bus that is purchased on or after July 1, 2005.