Bill Text: GA HB121 | 2009-2010 | Regular Session | Introduced
Bill Title: Revenue and taxation; prepaid state fuel tax; provide exemption
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2009-04-21 - Effective Date [HB121 Detail]
Download: Georgia-2009-HB121-Introduced.html
09 LC 18
7781-EC/AP
House
Bill 121 (AS PASSED HOUSE AND SENATE)
By:
Representatives Cole of the
125th,
O`Neal of the
146th,
Roberts of the
154th,
Pruett of the
144th,
McCall of the
30th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 48 of the Official Code of Georgia Annotated, relating to revenue
and taxation, so as to provide for an exemption for a limited time with respect
to the collection of any rate of prepaid state taxes as defined in paragraph
(5.1) of Code Section 48-8-2 to the extent it differs from the rate levied as of
January 1, 2008, pursuant to Code Section 48-9-14 as it applies to sales of
motor fuel and aviation gasoline as those terms are defined in Code Section
48-9-2; to provide for legislative findings; to provide for procedures,
conditions, and limitations; to provide for powers, duties, and authority of
the state revenue commissioner with respect to the foregoing; to ratify
executive orders of the Governor suspending the collection of such taxes and
providing for a termination date of the suspension of the collection of such
taxes; to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
48 of the Official Code of Georgia Annotated, relating to revenue and taxation,
is amended by adding a new Code section to read as follows:
"48-8-17.
(a)
The General Assembly finds that:
(1)
Motor fuels and aviation gasoline are essential commodities used by Georgians
for transportation;
(2)
The price of gasoline has increased dramatically since the adjournment of the
2008 General Assembly, namely rising in price by approximately 10 percent from
one month ago and almost 24 percent since last year at this time;
(3)
The increases in the cost of gasoline and other motor fuels have and will
continue to impose significant financial burdens on all Georgians and Georgia's
businesses;
(4)
This inflated cost can prevent Georgians from spending on other necessary goods
and business expansion; and
(5)
The significant increase in motor fuel prices will result in a windfall to the
state in the form of surplus state taxes on these commodities.
(b)
The General Assembly of Georgia ratifies the Executive Order of the Governor
dated June 2, 2008, and filed in the official records of the Office of the
Governor as Executive Order 06.02.08.01 which suspended the collection of any
rate of prepaid state taxes as defined in paragraph (5.1) of Code Section 48-8-2
to the extent it differs from the rate levied as of January 1, 2008, pursuant to
Code Section 48-9-14 as it applies to sales of motor fuel and aviation gasoline
as those terms are defined in Code Section 48-9-2.
(c)
For the time period commencing on June 2, 2008, as specified in the Executive
Order of the Governor dated June 2, 2008, and filed in the official records of
the Office of the Governor as Executive Order 06.02.08.01, the collection of any
rate of prepaid state taxes as defined in paragraph (5.1) of Code Section 48-8-2
to the extent it differs from the rate levied as of January 1, 2008, pursuant
to Code Section 48-9-14 as it applies to sales of motor fuel and aviation
gasoline as those terms are defined in Code Section 48-9-2 shall be governed by
the provisions of this Code section notwithstanding any provisions of Code
Section 48-9-14 or any other law to the contrary.
(d)
The temporary prepaid state tax exemption provided for in this Code section
shall not apply to local prepaid taxes as defined in paragraph (5.2) of Code
Section 48-8-2.
(e)
The commissioner is authorized to prescribe forms and promulgate rules and
regulations deemed necessary in order to administer and effectuate this Code
section."
SECTION
2.
Said
title is further amended by adding a new Code section to read as
follows:
"48-8-17.1.
(a)
The General Assembly finds that:
(1)
Sonny Perdue, as Governor of Georgia, issued an Executive Order ('EO
06.02.08.01') that suspended the collection of any rate of prepaid taxes as
defined in paragraph (5.1) of Code Section 48-8-2 to the extent it differed from
the rate levied as of January 1, 2008, pursuant to Code Section 48-9-14 as it
applied to sales of motor fuel and aviation gasoline as those terms are defined
in Code Section 48-9-2 until the General Assembly acts upon the
suspension;
(2)
Such suspension maintained the rate of prepaid state taxes for motor fuel and
gasoline at the January 1, 2008, rate instead of allowing the rate to
increase;
(3)
Such suspension was warranted given the sharp increase in motor fuel and
gasoline prices;
(4)
Motor fuel and gasoline prices have recently declined such that ending the
suspension provided for in EO 06.02.08.01 on the last moment of December 31,
2008, will have resulted in a rate of prepaid state taxes on motor fuel and
gasoline being lower than if the suspension provided for in EO 06.02.08.01
remained in effect on January 1, 2009; and
(5)
Such reduced rate of taxation will continue to provide meaningful relief to the
taxpayers of Georgia.
(b)
The General Assembly of Georgia ratifies the Executive Order of the Governor
dated November 26, 2008, and filed in the official records of the Office of the
Governor as Executive Order 11.26.08.01 which terminated the suspension provided
for in EO 06.02.08.01 as of the last moment of December 31, 2008.
(c)
The suspension provided for in EO 06.02.08.01 terminated as of the last moment
of December 31, 2008."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.
