CHAPTER 290

FORMERLY

HOUSE BILL NO. 710

AN ACT TO AMEND CHAPTER 29, TITLE 30 OF THE DELAWARE CODE AND ENACTING ADDITIONAL PROVISIONS RELATING TO THE TAX ON WHOLESALERS AND RETAILERS OF PETROLEUM PRODUCTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend §2901(2)a., by striking the period (".") at the end of said paragraph, substituting therefor a semicolon ";" and adding thereafter the following phrase: or receipts derived from the sale of petroleum products provided such products were sold to the retailer by a person who is licensed under this chapter and such sale is described in the definition of 'gross receipts' with regard to such person.".

Section 2. Amend §2901, Chapter 29, Title 30 of the Delaware Code by adding thereto a new subsection (B) to read as follows: "(B) 'Petroleum product' means crude oil, or any portion thereof, that is liquid at 70 degrees Fahrenheit and at standard atmospheric pressures, and includes motor fuel, gasohol, other alcohol blended fuels, diesel fuel, aviation fuel, jet fuel, heating oil, motor oil and other petroleum based lubricants.".

Section 3. Amend §2902(c), Chapter 29, Title 30 of the Delaware Code by adding thereto a new paragraph (3) to read as follows:

"(3) There shall be added to the tax provided in paragraph (1) of this subsection an additional tax of .25% on all taxable gross receipts determined under this section which are derived from the sale of petroleum or petroleum products defined in §2901(8) of this Chapter.".

Section 4. Amend §2901(2)b., Chapter 29, Title 30 of the Delaware Code by striking the period "." at the end of said paragraph and by substituting therefor a semicolon ";" and by adding thereto the following phrase: "(111) receipts derived from the sale of any form of combustible petroleum product for heating or cooking which Is sold for ultimate consumption.".

Section 5. The Director of Revenue is authorized to issue whatever regulations, forms, certificates, etc., he deems necessary for the purpose of implementing this Act. Such regulations or other such requirements shall have the force and effect of law.

Section 6. This Act shall be effective with regard to receipts occurring after December 31, 1990.

Approved July 2, 1990.