HLS 13RS-668 ENGROSSED Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2013 HOUSE BILL NO. 182 BY REPRESENTATIVE ANDERS Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. TAX/SALES & USE: Provides relative to the promulgation of guidelines for determining the definition of "sale at retail" for purposes of the exemption from the sales and use tax for certain agricultural commodities utilized in preparing crops or animals for market AN ACT1 To amend and reenact R.S. 47:301(10)(e), relative to sales and use taxes; to provide relative2 to the definition of "sale at retail" for purposes of the exemption for certain3 agricultural commodities used in preparing crops or animals for market; to provide4 relative to the promulgation of rules by the Department of Agriculture and Forestry;5 and to provide for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 47:301(10)(e) is hereby amended and reenacted to read as follows:8 ยง301. Definitions9 As used in this Chapter the following words, terms, and phrases have the10 meaning ascribed to them in this Section, unless the context clearly indicates a11 different meaning:12 * * *13 (10)14 * * *15 (e) The term "sale at retail" does not include the sale of raw agricultural16 commodities, including but not limited to feed, seed, and fertilizer, to be utilized in17 preparing, finishing, manufacturing, or producing crops or animals for market. The18 Department of Agriculture and Forestry shall may develop and promulgate19 HLS 13RS-668 ENGROSSED HB NO. 182 Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. guidelines to determine who meets this definition. Any person meeting such1 guidelines shall receive a certificate from the Department of Agriculture and Forestry2 indicating that such person is eligible to purchase such items without paying tax3 thereon. The guidelines promulgated pursuant to this Paragraph shall not become4 effective prior to January 1, 1995.5 * * *6 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)] Anders HB No. 182 Abstract: Changes the requirement that the Dept. of Agriculture and Forestry promulgate guidelines regarding the exemption from the sales and use tax for raw agricultural commodities used in preparing crops or animals for market from a mandatory requirement to a permissive one. Present law provides relative to the definition of "sale at retail" for purposes of the sales and use tax. Present law provides that the term "sale at retail" does not include the sale of raw agricultural commodities, including feed, seed, and fertilizer, used in preparing, finishing, manufacturing, or producing crops or animals for market. Present law requires the Dept. of Agriculture and Forestry to develop and promulgate guidelines to determine who meets the definition. Proposed law retains present law but changes the requirement regarding the promulgation of guidelines from a mandatory requirement to a permissive one. (Amends R.S. 47:301(10)(e))