07 LC
14 9745S
The
Senate Finance Committee offered the following substitute to HB
193:
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 taxation, so as to provide for a partial exemption
from the state sales and use tax on certain sales or uses of jet fuel; to
provide for an exemption from a certain local sales and use tax on certain sales
or uses of jet fuel; to provide for related matters; to provide for an effective
date and applicability; 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 taxation, is amended by adding a new paragraph (33.2) as
follows:
"(33.2)(A)
The sale or use of jet fuel to or by a qualifying airline at a qualifying
airport, to the extent provided in subparagraphs (B), (C), and (D) of this
paragraph.
(B)
The sale or use of jet fuel to or by a qualifying airline at a qualifying
airport shall be exempt from the first 1.80 percent of the 4 percent state sales
and use tax imposed by this chapter and shall be subject to the remaining 2.20
percent of the 4 percent state sales and use tax imposed by this
chapter.
(C)
The sale or use of jet fuel to or by a qualifying airline at a qualifying
airport shall also be exempt from the sales or use tax levied and imposed as
authorized pursuant to Part 1 of Article 3 of this chapter.
(D)
Except as provided for in subparagraph (C) of this paragraph, this exemption
shall not apply to any other local sales and use tax levied or imposed at
anytime in any area consisting of less than the entire state, however
authorized, including, but not limited to, such taxes authorized 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,' or such
taxes as authorized by or pursuant to Part 2 of Article 3 or Article 2, 2A, or 4
of this chapter.
(E)
For purposes of this paragraph, a 'qualifying airline' shall mean any person
which is authorized by the Federal Aviation Administration or appropriate agency
of the United States to operate as an air carrier under an air carrier operating
certificate and which provides regularly scheduled flights for the
transportation of passengers or cargo for hire.
(F)
For purposes of this paragraph, a 'qualifying airport' shall mean any airport in
the state that has had more than 750,000 takeoffs and landings during a calendar
year.
(G)
The commissioner shall adopt rules and regulations to carry out the provisions
of this paragraph.
(H)
The exemption provided for in this paragraph shall apply only as to transactions
occurring on or after July 1, 2007, and prior to July 1, 2009."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall be applicable to transactions
occurring on or after July 1, 2007, and prior to July 1, 2009.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.