hb1106_LC_18_6956_a_2.html
08 LC 18 6956
House Bill 1106
By: Representatives Sims of the 169th, Jamieson of the 28th, Parrish of the 156th, and Stephens of the 164th

A BILL TO BE ENTITLED
AN ACT


To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of certain durable medical equipment prescribed by a physician; 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 state sales and use tax, is amended by adding a new paragraph to read as follows:
"(54.2) The sale or use of any durable medical equipment as defined under Titles XVIII and XIX of the federal Social Security Act which is paid for directly by funds of the State of Georgia or the United States under the medicare or Medicaid programs where state or federal law or regulation authorizing such payment prohibits the payment of sales and use tax in connection therewith. The commissioner shall specify by rule or regulation the durable medical equipment eligible for this exemption; prescribed by a physician that is not otherwise exempt under paragraph (54) or (54.1) of this Code section;"

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.