07 LC 14
9734S
The
Senate Finance Committee offered the following substitute to HB
186:
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 tax, so as to provide for a temporary exemption
regarding the sale of tangible personal property to, or used in or for the
construction of, a new alternative fuel facility primarily dedicated to the
processing and production of ethanol, biodiesel, and butanol; to provide for
definitions; to provide for powers, duties, and authority of the state revenue
commissioner with respect to the foregoing; 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 tax, is amended by adding a new paragraph as
follows:
"(34.4)(A)
Notwithstanding any provision of Code Section 48-8-63 to the contrary, sales of
tangible personal property to, or used in or for the construction of, a new
alternative fuel facility primarily dedicated to the production and processing
of ethanol, biodiesel, butanol, and their by-products, when such fuels are
derived from biomass materials such as agricultural products, or from animal
fats, or the wastes of such products or fats.
(B)
As used in this paragraph, the term:
(i)
'Alternative fuel facility' means any new facility located in this state which
is primarily dedicated to the production and processing of ethanol, biodiesel,
butanol, and their by-products for sale where construction has begun on or after
the effective date of this paragraph.
(ii)
'Used in or for the construction' means any tangible personal property
incorporated into a new alternative fuel facility that loses its character of
tangible personal property. Such term does not mean tangible personal property
that is temporary in nature, leased or rented, tools, or other items not
incorporated into the facility.
(C)
Any person making a sale of tangible personal property for the purpose specified
in this paragraph shall collect the tax imposed on this sale unless the
purchaser furnishes an exemption certificate issued by the commissioner
certifying that the purchaser is entitled to purchase the tangible personal
property without payment of tax.
(D)
Any corporation, partnership, limited liability company, or any other entity or
person that qualifies for this exemption must conduct at least a majority of its
business with entities or persons with which it has no affiliation.
(E)
The exemption provided for under subparagraph (A) of this paragraph shall not
apply to sales of tangible personal property that occur after the production and
processing of biodiesel, ethanol, butanol, and their by-products has begun at
the alternative fuel facility.
(F)
The exemption provided for under subparagraph (A) of this paragraph shall apply
only to sales occurring during the period July 1, 2007, through June 30,
2012.
(G)
The commissioner shall promulgate any rules and regulations necessary to
implement and administer this paragraph."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.