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2010 SESSION

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10104046D
HOUSE BILL NO. 1362 Offered January 22, 2010 A BILL to amend and reenact § 58.1-2204 of the Code of Virginia, relating to motor fuels tax licensees. ---------- Patron-- Pollard ---------- Referred to Committee on Finance ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 58.1-2204 of the Code of Virginia is amended and reenacted as follows:

§ 58.1-2204. Persons required to be licensed.

A. A person shall obtain a license issued by the Commissioner before conducting the activities of:

1. A refiner, who shall be licensed as a supplier;

2. A supplier;

3. A terminal operator;

4. An importer;

5. An exporter;

6. A blender;

7. A motor fuel transporter;

8. A bulk user of undyed diesel fuel;

9. A retailer of undyed diesel fuel;

10. An aviation consumer;

11. A bonded importer;

12. An elective supplier; or

13. A fuel alcohol provider.

B. A person who is engaged in more than one activity for which a license is required shall have a separate license for each activity, except as provided in subsection C.

C. 1. A person who is licensed as a supplier shall not be required to obtain a separate license for any other activity for which a license is required and shall be considered to have a license as a distributor.

2. A person who is licensed as an occasional importer shall not be required to obtain a license as a distributor.

3. A person who is licensed as a distributor shall not be required to obtain a separate license as an importer if the distributor acquires fuel for import only from an elective supplier or permissive supplier. Such licensed distributor shall not be required to obtain a separate license as an exporter.

4. A person who is licensed as a distributor or a blender shall not be required to obtain a separate license as a motor fuel transporter if he does not transport motor fuel for others for hire.

5. A person who is licensed as a distributor shall not be required to obtain a separate license as a retailer of undyed diesel fuel.

D. The Commissioner may at any time revoke the license that has been issued to any person in accordance with the provisions of this article who is found guilty of violating or of noncompliance with any of the provisions of this chapter or any of the rules of the Department adopted and promulgated under authority of this chapter.