09 LC
18 8255S
The
House Committee on Ways and Means offers the following substitute to HB
129:
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 from
state sales and use tax 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.
(D)
For purposes of this paragraph, the term 'local sales and use tax' means 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'; or by or pursuant to Article 2, 2A, 3, or 4 of this
chapter.
(E)
The exemption provided for in this paragraph shall not apply to any local sales
and use tax levied or imposed at any
time."
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.