SB52: SB52 "Timberlands Recovery, Exemption, and Earnings Stability (TREES) Act"; enact

26 LC 59 0465S The House Committee on Ways & Means offers the following substitute to SB 52: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia An notated, relating to1 exemptions from state sales and use taxes, so as to provide for a definition relative to2 crossing state borders by common carriers; to provide for relat ed matters; to repeal3 conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from7 state sales and use taxes, is amended by revising paragraph (33) as follows:8 "(33)(A) The sale of aircraft, watercraft, railroad locomotives and rolling stock, motor9 vehicles, and major components of each, which will be used prin cipally to cross the10 borders of this state in the service of transporting passengers or cargo by common11 carriers and by carriers who hold common carrier and contract c arrier authority in12 interstate or foreign commerce under authority granted by the U nited States13 government. Replacement parts installed by carriers in such ai rcraft, watercraft,14 railroad locomotives and rolling stock, and motor vehicles which become an integral15 part of the craft, equipment, or vehicle shall also be exempt f rom all taxes under this16 S. B. 52 (SUB) - 1 - 26 LC 59 0465S article. For purposes of this subparagraph, the term 'used pri ncipally to cross the17 borders of this state' shall be determined based on the overall nature of a carrier's18 interstate operations and shall not be construed to require that a majority of the miles19 traveled by a motor vehicle occur outside this state, nor shall such term be determined20 solely by mileage, the location of terminals, dispatch facilities, maintenance operations,21 or any other similar administrative factor;22 (B) In lieu of any tax under this article which would apply to the purchase, sale, use,23 storage, or consumption of the tangible personal property described in this paragraph24 but for this exemption, the tax under this article shall apply with respect to all fuel25 purchased and delivered within this state by or to any common carrier and with respect26 to all fuel purchased outside this state and stored in this state irrespective, in either case,27 of the place of its subsequent use;"28 SECTION 2.29 All laws and parts of laws in conflict with this Act are repealed.30 S. B. 52 (SUB) - 2 -