41.01.010 Definitions
As used in this chapter, unless the context otherwise requires:
(a) "AGRICULTURAL PURPOSE" means the science, art, and business of farming. It includes raising crops, ranching, beekeeping, tree nurseries, agricultural units of colleges and universities, custom combining, manure spreading, and stack moving operations. Fuel used for an agricultural purpose includes fuel used in a vehicle, engine, or machine, movable or immovable, operated in whole or in part by internal combustion. It does not include fuel used to operate a licensed motor vehicle.
(b) "COMMISSIONER" means the Tribal Tax Commissioner.
(c) "CONSUMER" means any person importing motor vehicle fuel onto this reservation or purchasing motor vehicle fuel on this reservation for use a heating fuel or for an agricultural, industrial, or railroad purpose; or any person purchasing motor vehicle fuel on this reservation for use in recreational or any other types of motor vehicles. A user of motor vehicle fuel including any person purchasing motor vehicle fuel in the jurisdiction of the Turtle Mountain Reservation for use in a licensed motor vehicle. It does not include a person importing or purchasing motor vehicle fuel for resale.
(d) "DISTRIBUTOR" means a person, other than a retailer, who acquires motor vehicle fuel from a supplier for subsequent wholesale distribution in bulk or transport load by truck, railcar, or in a barrel, drum, or other receptacle.
(e) "EXPORTER" means a refiner, supplier, or distributor who exports motor vehicle fuel out of the jurisdiction of the Turtle Mountain Reservation in bulk or transport load by truck, railcar, or in a barrel, drum, or other receptacle.
(f) "GALLON" means a United States gallon [3.791iters] measured on a gross volume basis.
(g) "GROSS VOLUME" means measurement in United States gallons [3.791iters] without temperature or barometric adjustments.
(h) "IMPORTER" means a refiner, supplier, or distributor who imports motor vehicle fuel into the jurisdiction of the Turtle Mountain Reservation in bulk or transport load by truck, railcar, or in a barrel, drum, or other receptacle.
(i) "INDUSTRIAL PURPOSE" means:
(1) A manufacturing, warehousing, or loading dock operation;
(2) Construction;
(3) Sand and gravel processing;
(4) Well drilling, well testing, or well servicing;
(5) Maintenance of business premises, golf courses, or cemeteries;
(6) A commercial or contract painting operation;
(7) Electrical services;
(8) A refrigeration unit on a truck;
(9) A power-take-off unit; and
(10) Other similar business activity.
(11) Fuel used for an industrial purpose includes fuel used in a vehicle, engine, or machine, movable or immovable, operated in whole or in part by internal combustion. It does not include heating fuel, fuel used for an agricultural purpose, fuel used for a railroad purpose, or fuel used to operate a licensed motor vehicle.
(j) "LICENSED MOTOR VEHICLE" means any motor vehicle licensed for operation upon public roads or highways, but does not include a vehicle with a permanently mounted manure spreader or stack moving unit.
(k) "MOTOR VEHICLE" means a vehicle, engine, or machine, movable or immovable, operated in whole or in part by internal combustion using one or more of the motor vehicle fuels defined in this chapter, but does not include aircraft.
(l) "MOTOR VEHICLE FUEL" means all products commonly or commercially known or sold as gasoline, including casinghead and absorption or natural gasoline, regardless of their classifications or uses, and any liquid which, when subjected to distillation in accordance with the standard method of test for distillation of gasoline, naphtha, kerosene, and similar petroleum products (American society for testing materials designation 0-86), shows not less than ten percent distilled (recovered) below three hundred forty-seven degrees Fahrenheit [175 degrees Celsius] and not less than ninety-five percent distilled (recovered) below four hundred sixty four degrees Fahrenheit [240 degrees Celsius] but does not include aviation fuel. It includes agriculturally derived alcohol blended with gasoline, used in a pure state, or if blended with another agriculturally derived liquid.
(m) "PERSON" means every individual, partnership, firm, association, joint venture, corporation, limited liability company, estate, business trust, receiver, or any other group or combination acting as a unit.
(n) "PUBLIC ROAD OR HIGHWAY" means every way or place generally open to the use of the public as a matter of right, for the purpose of motor vehicle travel, notwithstanding that it may be temporarily closed or subject to restricted travel due to construction, reconstruction, repair, or maintenance.
(o) "RACK" means a mechanism used to dispense motor vehicle fuel from a terminal.
(p) "REFINER" means a person who produces, manufactures, or refines motor vehicle fuel in the jurisdiction of the Turtle Mountain Reservation or a person who produces alcohol, or alcohol derivative substances in the jurisdiction of the Turtle Mountain Reservation for blending with motor vehicle fuel.
(q) "RETAIL LOCATION" means a site at which motor vehicle fuel is dispensed through a pump from an underground or aboveground storage tank into the supply tank of a motor vehicle.
(r) "RETAILER" means a person who acquires motor vehicle fuel from a supplier or distributor for resale to a consumer at a retail location.
(s) "SALE" means, with respect to motor vehicle fuel, the transfer of title or possession, exchange, or barter, conditional or otherwise, in any manner or by any means for a consideration.
(t) "SUPPLIER" means a refiner who distributes motor vehicle fuel from a terminal in the jurisdiction of the Tribe, or a person who acquires motor vehicle fuel by pipeline from a state, territory, or possession of the United States or from a foreign country, for storage at and distribution from a terminal in the jurisdiction of the Tribe or a person who acquires motor vehicle fuel by truck or railcar for storage at and distribution from a terminal.
(u) "TAXPAYER" means a refiner, supplier, distributor, importer, exporter, terminal operator, or retailer.
(v) "RESERVATION" for purposes of this statute means all lands within the Turtle Mountain Indian Reservation.
(w) "TERMINAL" means a motor vehicle fuel storage and distribution facility that is supplied by a refinery or pipeline and from which the motor vehicle fuel may be removed from the rack.
(x) "TERMINAL OPERATOR" means a person who by ownership or contractual agreement is charged with the responsibility for, or physical control over, and operation of a terminal. If a terminal is owned by coventurers, ''terminal operator'' means the person appointed to exercise the responsibility for, or physical control over, and operation of the terminal.
(y) "TRIBE" means the Turtle Mountain Band of Chippewa Indians.
(z) "WHOLESALE DISTRIBUTION" means the sale of motor vehicle fuel by a supplier or distributor.
(aa) "COMMON CARRIER" or "CONTRACT CARRIER" means a carrier that is required by law to convey passengers or freight, without refusal, if the approved fare or charge is paid.
(bb) "DESTINATION STATE" means any state, territory, foreign county, or sovereign nation to which motor vehicle fuel is directed for delivery into a storage facility, receptacle, container, or any type of transportation equipment, for purposes of resale or use.
(cc) "EXPORT" means the delivery of motor vehicle fuel across the boundaries of this tribe from a place or origin in this tribe by or for a refiner, supplier or distributor.
(dd) "IMPORT" means the delivery of motor vehicle fuel across the boundaries of this tribe from a place of origin outside this tribe by a refiner, supplier or distributor.
(ee) "INTERSTATE MOTOR CARRIER" means any person importing motor vehicle fuel into this state in the fuel supply tank or tanks of any motor vehicle or combination of vehicles used, designed, or maintained for transportation of persons or property and; having two axles and a gross weight exceeding twenty-six thousand pounds [1179.3401 kilograms];or having three or more axles regardless of weight; or is used in combination when the weight of such combination exceeds twenty-six thousand pounds [1179.3401 kilograms] gross vehicle weight. In the case of motor vehicles that are leased or rented, the interstate motor carrier means the lessee or renter unless the director has designated the lessor, renter, or some other person as the interstate motor carrier.
(ff) "PHYSICAL INVENTORY READING" means a measurement of motor vehicle fuel available for distribution in a terminal, an underground storage tank, an aboveground storage tank, or in a tank wagon, bulk delivery vehicle, railcar, barrel, drum or other receptacle.
(gg) "POSITION HOLDER" means a person holding an inventory position of motor vehicle fuel in a terminal as reflected on the records of the terminal operator, a person holding the inventory position when that person has a contractual agreement with the terminal operator for the use of storage facilities or terminaling services at a terminal, and a terminal operator who owns motor vehicle fuel in a terminal.
