09 LC
18 8308S/AP
House
Bill 129 (AS PASSED HOUSE AND SENATE)
By:
Representatives Lindsey of the
54th,
Kaiser of the
59th,
Ashe of the
56th,
and Rynders of the
152nd
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 an exemption for a
limited period of time with respect to sales of certain tangible personal
property used for and in the renovation or expansion of a zoological
institution; to provide for a definition; to provide for procedures, conditions,
and limitations; 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 deleting "or" at the end of paragraph
(85), by replacing the period at the end of paragraph (86) with "; or", and by
adding a new paragraph to read as follows:
"(87)(A)
Notwithstanding any provision of Code Section 48-8-63 to the contrary, from
July 1, 2009, until June 30, 2011, sales of tangible personal property used for
and in the renovation or expansion of a zoological institution.
(B)
As used in this Code section, the term 'zoological institution' means a
nonprofit wildlife park, terrestrial institution, or facility which
is:
(i)
Open to the public, that exhibits and cares for a collection consisting
primarily of animals other than fish, and has received accreditation from the
Association of Zoos and Aquariums; and
(ii)
Located in this state and owned or operated by an organization which is exempt
from taxation under Section 501(c)(3) of the Internal Revenue Code.
(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 such person with an exemption determination letter issued by
the commissioner certifying that the purchaser is entitled to purchase the
tangible personal property without paying the
tax."
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laws and parts of laws in conflict with this Act are repealed.