HLS 12RS-1241 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2012 HOUSE BILL NO. 714 BY REPRESENTATIVE LAMBERT TAX/TAX REBATES: Authorizes a rebate for purchases of automated external defibrillator devices by certain dentists AN ACT1 To enact Chapter 3 of Subtitle VII of Title 47 of the Louisiana Revised Statutes of 1950, to2 be comprised of R.S. 47:6301, relative to rebates; to authorize a rebate for certain3 purchases by dentists; to provide for definitions, requirements, and limitations; to4 provide for the amount, and issuance of rebates; to provide for an effective date; and5 to provide for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. Chapter 3 of Subtitle VII of Title 47 of the Louisiana Revised Statutes of8 1950, comprised of R.S. 47:6301, is hereby enacted to read as follows: 9 ยง6301. Rebates; purchases of automated external defibrillators or AEDs by dentists10 A. There shall be allowed a rebate for purchases of automated external11 defibrillators or AEDs in compliance with requirements set forth by the Louisiana12 State Board of Dentistry by dentists licensed in Louisiana or dental corporations13 which employ dentists licensed to practice in Louisiana. In order to qualify for the14 rebate, the purchase shall be made by a taxpayer who files a Louisiana income tax15 return. The amount of the rebate shall be equal to the cost of purchasing the16 automated external defibrillator or AED.17 B. For purposes of this Section, the term "automated external defibrillator"18 and "AED" shall mean a medical device heart monitor and defibrillator that has19 received approval of its pre-market notification filed pursuant to 21 U.S.C. 360(k)20 HLS 12RS-1241 ORIGINAL HB NO. 714 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. from the United States Food and Drug Administration; is capable of recognizing the1 presence or absence of ventricular fibrillation or rapid ventricular tachycardia and2 is capable of determining whether defibrillation should be performed; upon3 determining that defibrillation should be performed, automatically charges and4 requests delivery of an electrical impulse to an individual's heart; and is capable of5 delivering the electrical impulse to an individual's heart.6 C. The Department of Revenue shall provide a standardized form for a7 taxpayer to indicate the value of the automated external defibrillator purchased by8 the dentist or dental corporation. The Department of Revenue shall require a9 taxpayer to provide a copy of this receipt when claiming the rebate authorized by this10 Section.11 D. Notwithstanding any provision of law to the contrary, the secretary of the12 Department of Revenue shall make the rebate authorized pursuant to the provisions13 of this Section from the current collections of the taxes imposed by Title 47 of the14 Louisiana Revised Statutes of 1950, as amended.15 Section 2. This Act shall become effective upon signature by the governor or, if not16 signed by the governor, upon expiration of the time for bills to become law without signature17 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18 vetoed by the governor and subsequently approved by the legislature, this Act shall become19 effective on the day following such approval.20 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Lambert HB No. 714 Abstract: Authorizes a rebate for purchases of automated external defibrillators or AEDs by dentists or dental corporations. Proposed law authorizes a rebate for purchases of automated external defibrillators or AEDs in compliance with requirements set forth by the La. State Board of Dentistry by dentists licensed in La. or dental corporations which employ dentists licensed to practice in La. In order to qualify for the rebate, the purchase shall be made by a taxpayer who files a La. income tax return. The amount of the rebate shall be equal to the actual cost of purchasing the AED. HLS 12RS-1241 ORIGINAL HB NO. 714 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law defines an "AED" as a medical device heart monitor and defibrillator that has received approval of its pre-market notification filed pursuant to federal law from the U.S. Food and Drug Administration; is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining whether defibrillation should be performed; upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart; and is capable of delivering the electrical impulse to an individual's heart. Proposed law requires DOR to approve a standardized form for a taxpayer to indicate the value of the AED. Requires a taxpayer to provide a copy of this receipt when claiming the rebate authorized by proposed law. Proposed law requires DOR to pay rebates from the current collections of the taxes imposed by present law. Effective upon signature of governor or lapse of time for gubernatorial action. (Adds R.S. 47:6301)