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33 U.S.C. § 555aPetroleum product information

submitted 40 years ago by Pub. L. 99-662 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 440 words · no verdicts yet

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The Secretary may disclose petroleum-product information to a State tax agency for administering State tax laws only after a proper written request and only with confidentiality protections.

(a) The Secretary must disclose petroleum product information to a State taxing agency that requests it under (b), only for and only as much as needed to administer State tax laws. (b) Disclosure is allowed only on a written request from the agency head and only to representatives named in that request to inspect or receive the information. Each representative must be an agency employee or legal representative. (c)(1) The Secretary prescribes how, when, and where requests and disclosures occur. (2) Information may be supplied as documents, reproductions, or another method the Secretary finds necessary or appropriate. The Secretary may charge a reasonable fee. (3) A reproduction made under this subsection has the same legal status as the original and, when properly authenticated, is admissible in judicial or administrative proceedings as the original, whether or not the original exists. (d) The Secretary may disclose only if the State has laws that: (1) exempt the information from a State public-disclosure law; or (2) otherwise protect its confidentiality. This does not bar a State officer or employee from sharing information with another State or political-subdivision officer or employee as needed to administer State tax laws. (e) “Petroleum product information” means information about petroleum products transported by vessel and received by the Secretary under section 555 or another legal authority. “State taxing agency” means a State agency, body, commission, or legal representative responsible under State law for administering State tax laws. This section does not define those quoted terms beyond these descriptions. (f) Omitted.
the actual law source: uscode.house.gov ↗public domain
(a) Disclosure to States

The Secretary shall disclose petroleum product information to any State taxing agency making a request under subsection (b). Such information shall be disclosed for the purpose of, and only to the extent necessary in, the administration of State tax laws.

(b) Requests for disclosure

Disclosure of information under this section shall be permitted only upon written request by the head of the State taxing agency and only to the representatives of such agency designated in such written request as the individuals who are to inspect or to receive the information on behalf of such agency. Any such representative shall be an employee or legal representative of such agency.

(c) Modes of disclosure
(1)

Requests for the disclosure of information under this section, and such disclosure, shall be made in such manner and at such time and place as shall be prescribed by the Secretary.

(2)

Information disclosed to any person under this section may be provided in the form of written documents or reproductions of such documents, or by any other mode or means which the Secretary determines necessary or appropriate. A reasonable fee may be prescribed for furnishing such information.

(3)

Any reproduction of any document or other matter made in accordance with this subsection shall have the same legal status as the original, and any such reproduction shall, if properly authenticated, be admissible in evidence in any judicial or administrative proceeding as if it were the original, whether or not the original is in existence.

(d) Confidentiality of disclosed information

The Secretary shall not disclose information to a State taxing agency of a State under this section unless such State has in effect provisions of law which—

(1)

exempt such information from disclosure under a State law requiring agencies of the State to make information available to the public, or

(2)

otherwise protect the confidentiality of the information.

Nothing in the preceding sentence shall be construed to prohibit the disclosure by an officer or employee of a State of information to another officer or employer of such State (or political subdivision of such State) to the extent necessary in the administration of State tax laws.

(e) Definitions

For purposes of this section, the term—

(1)

“petroleum product information” means information relating to petroleum products transported by vessel which is received by the Secretary (A) under section 555 of this title, or (B) under any other legal authority; and

(2)

“State taxing agency” means any State agency, body, or commission, or its legal representative, which is charged under the laws of such State with responsibility for the administration of State tax laws.

(f) Omitted

Source credit: (Pub. L. 99–662, title IX, § 919, Nov. 17, 1986, 100 Stat. 4192.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-662 · 100 Stat. 4192

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-662 on 1986-11-17.

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