07 HB 148/AP
House
Bill 148 (AS PASSED HOUSE AND SENATE)
By:
Representatives Burkhalter of the
50th
and Smith of the
113th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to
exemptions from sales and use taxes, so as to provide for a partial exemption
for a limited period of time from state sales and use tax only with respect to
the sale or use of natural or artificial gas, No. 2 fuel oil, No. 6 fuel oil,
propane, and coal used directly or indirectly in the manufacture or processing
of tangible personal property primarily for resale, and the fuel cost recovery
component of retail electric rates used directly or indirectly in the
manufacture or processing of tangible personal property primarily for resale; to
change certain provisions regarding the exemption with respect to the sale of
tangible property to or in construction of an aquarium in this state for a
limited period of time and provide for an exemption with respect to expansion of
such aquarium; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions
from sales and use taxes, is amended by adding a new paragraph to read as
follows:
"(70.1)(A)
For the period commencing July 1, 2007, and concluding on December 31, 2009, the
sale of natural or artificial gas, No. 2 fuel oil, No. 6 fuel oil, propane, and
coal used directly or indirectly in the manufacture or processing of tangible
personal property primarily for resale, and the fuel cost recovery component of
retail electric rates used directly or indirectly in the manufacture or
processing of tangible personal property primarily for resale.
(B)
The exemption provided for in subparagraph (A) of this paragraph shall not apply
to the first $7.55 per decatherm of the sales price or cost price of natural or
artificial gas, the first $1.77 per gallon of the sales price or cost price of
No. 2 fuel oil, the first $1.02 per gallon of the sales price or cost price of
No. 6 fuel oil, the first $1.07 per gallon of the sales price or cost price of
propane, the first $45.00 per ton of coal, or the first 3.67¢ per kilowatt
hour of the fuel cost recovery component of retail electricity rates whether
such fuel recovery charges are charged separately or are embedded in such
electric rates.
(C)(i)
For the purposes of this paragraph, the term 'local sales and use tax' shall
mean any sales tax, use tax, or local sales and use tax which is levied and
imposed in an area consisting of less than the entire state, however authorized,
including, but not limited to, such taxes authorized by or pursuant to
constitutional amendment; by or pursuant to Section 25 of an Act approved March
10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid
Transit Authority Act of 1965'; by or pursuant to Article 2, 2A, 3, or 4 of this
chapter.
(ii)
The exemption provided for in subparagraph (A) of this paragraph shall not apply
to any local sales and use tax levied or imposed at any time.
(D)
Any person making a sale of items qualifying for exemption under
subparagraph (A) of this paragraph shall be relieved of the burden of
proving such qualification if the person receives in good faith a certificate
from the purchaser certifying that the purchase is exempt under this
paragraph;"
SECTION
2.
Said
Code section is further amended by revising paragraph (76) as
follows:
"(76)(A)
Notwithstanding any provision of Code Section 48-8-63 to the contrary, from
the
effective date of this paragraph
June 4,
2003, until January 1, 2007, sales of
tangible personal property to, or used in the construction of, an aquarium
in this
state owned or operated by an organization
which is exempt from taxation under Section 501(c)(3) of the Internal Revenue
Code.
(B)
Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the
effective date of this subparagraph until January 1, 2011, sales of tangible
personal property to, or used in the expansion of, an aquarium in this state
owned or operated by an organization which is exempt from taxation under Section
501(c)(3) of the Internal Revenue
Code;"
SECTION
3.
(a)
Except as otherwise provided in subsection (b) of this section, this Act shall
become effective upon its approval by the Governor or upon its becoming law
without such approval.
(b)
Section 1 of this Act shall become effective on July 1, 2007.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.