HLS 161ES-189 ENGROSSED 2016 First Extraordinary Session HOUSE BILL NO. 101 BY REPRESENTATIVE JACKSON TAX/SALES-USE, STATE: Provides for the extent of applicability of various exclusions and exemptions from state sales and use tax (Item #36) 1 AN ACT 2To amend and reenact R.S. 47:301(3) through (17) and (18)(d)(ii), (h), (i) through (l), and 3 (o), 302(A), (B), and (C)(1), 305(A)(2), (C), (D)(1)(b) through (d) and (g) through 4 (i), (F), (H)(introductory paragraph), and (I), 305.1(A) and (B), 305.6, 305.7, 305.9, 5 305.13, 305.14(A)(1), 305.16, 305.17, 305.18, 305.19, 305.20(A), (C)(introductory 6 paragraph), and (G), 305.26, 305.28(A), 305.33, 305.39, 305.40, 305.41(A), 305.42, 7 305.43, 305.44(A)(introductory paragraph), 305.45(A)(introductory paragraph) and 8 (B), 305.49, 305.50(A)(1) and (2)(a)(introductory paragraph) and (F), 305.51(A), 9 305.56, 305.57(A), 305.59, 305.60, 305.61(A), 305.64(A)(1), (B), and (C), 10 305.65(A) and (C), 305.68, 305.70, 305.71, and 315.2 and to enact R.S. 47:302(V), 11 321(L), and 331(S), relative to state sales and use taxes; to provide with respect to 12 the rate of state sales and use taxes; to increase the rates of state sales and use taxes; 13 to provide with respect to the applicability of exclusions and exemptions from sales 14 and use taxes; to provide for effectiveness; and to provide for related matters. 15Be it enacted by the Legislature of Louisiana: 16 Section 1. R.S. 47:301(3) through (17) and (18)(d)(ii), (h), (i) through (l), and (o), 17302(A), (B), and (C)(1), 305(A)(2), (C), (D)(1)(b) through (d) and (g) through (i), (F), 18(H)(introductory paragraph), and (I), 305.1(A) and (B), 305.6, 305.7, 305.9, 305.13, 19305.14(A)(1), 305.16, 305.17, 305.18, 305.19, 305.20(A), (C)(introductory paragraph), and 20(G), 305.26, 305.28(A), 305.33, 305.39, 305.40, 305.41(A), 305.42, 305.43, Page 1 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1305.44(A)(introductory paragraph), 305.45(A)(introductory paragraph) and (B), 305.49, 2305.50(A)(1) and (2)(a)(introductory paragraph) and (F), 305.51(A), 305.56, 305.57(A), 3305.59, 305.60, 305.61(A), 305.64(A)(1), (B), and (C), 305.65(A) and (C), 305.68, 305.70, 4305.71, and 315.2 are hereby amended and reenacted and R.S. 47:302(V), 321(L), and 5331(S) are hereby enacted to read as follows: 6 ยง301. Definitions 7 As used in this Chapter the following words, terms, and phrases have the 8 meaning ascribed to them in this Section, unless the context clearly indicates a 9 different meaning: 10 * * * 11 (3)(a) "Cost price" means the actual cost of the articles of tangible personal 12 property without any deductions therefrom on account of the cost of materials used, 13 labor, or service cost, except those service costs for installing the articles of tangible 14 personal property if such cost is separately billed to the customer at the time of 15 installation, transportation charges, or any other expenses whatsoever, or the 16 reasonable market value of the tangible personal property at the time it becomes 17 susceptible to the use tax, whichever is less. 18 (b) In the case of tangible personal property which has acquired a tax situs 19 in a taxing jurisdiction and is thereafter transported outside the taxing jurisdiction for 20 repairs performed outside the taxing jurisdiction and is thereafter returned to the 21 taxing jurisdiction, the cost price shall be deemed to be the actual cost of any parts 22 and/or materials used in performing such repairs, if applicable labor charges are 23 separately stated on the invoice. If the applicable labor charges are not separately 24 stated on the invoice, it shall be presumed that the cost price is the total charge 25 reflected on the invoice. 26 (c) "Cost price" shall not include the supplying and installation of board 27 roads to oil field operators if the installation charges are separately billed to the 28 customer at the time of installation. Page 2 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (d)(i) In the case of interchangeable components located in Louisiana, a 2 taxpayer may elect to determine the cost price of such components as follows: 3 (aa) The taxpayer shall send to the secretary written notice of the calendar 4 month selected by the taxpayer as the first month for the determination of cost price 5 under this Paragraph (the "First Month"). The taxpayer may select any month. The 6 taxpayer shall send to the secretary notice of an election to designate a First Month 7 on the first day of the designated First Month, or ninety days from July 1, 1990, 8 whichever is later. 9 (bb) For the First Month and each month thereafter, cost price shall be based 10 and use tax shall be paid only on one-sixtieth of the aggregate cost price of the 11 interchangeable components deployed and earning revenue within Louisiana during 12 the month, without regard to any credit or other consideration for Louisiana state, 13 political subdivision, or school board use tax previously paid on such 14 interchangeable components. 15 (cc) Any election made under this Paragraph shall be irrevocable for a period 16 of sixty consecutive months inclusive of the First Month. If at any time after the 17 sixty-month period the taxpayer revokes its election, no credit or other consideration 18 for use taxes paid pursuant thereto shall be applied to any use tax liability arising 19 after such revocation. 20 (ii)(aa) For purposes of this Paragraph, "interchangeable component" means 21 a component that is used or stored for use in measurement-while-drilling instruments 22 or systems manufactured or assembled by the taxpayer, which measurement-while- 23 drilling instruments or systems collectively generate eighty percent or more of their 24 annual revenue from their use outside of the state. 25 (bb) "Measurement-while-drilling instruments or systems" means 26 instruments or systems which measure information from a downhole location in a 27 borehole, transmit the information to the surface during the process of drilling the 28 borehole using a wireless technique, and receive and decode the information on the 29 surface. Page 3 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (iii) The method for determining cost price of interchangeable components 2 provided for in this Paragraph shall apply to any use taxes imposed by a local 3 political subdivision or school board. For purposes of that application, the words 4 "political subdivision" or "school board" as the case may be, shall be substituted for 5 the words "Louisiana" or "State" in each instance where those words appear in this 6 Paragraph and an appropriate official of the local political subdivision or school 7 board shall be designated to receive the notices required by this Paragraph. 8 (e) "Cost price" shall not include any amount designated as a cash discount 9 or a rebate by a vendor or manufacturer of any new vehicle subject to the motor 10 vehicle license tax. For purposes of this Paragraph "rebate" means any amount 11 offered by the vendor or manufacturer as a deduction from the listed retail price of 12 the vehicle. 13 (f) The "cost price" of refinery gas shall be fifty-two cents per thousand 14 cubic feet multiplied by a fraction the numerator of which shall be the posted price 15 for a barrel of West Texas Intermediate Crude Oil on December first of the preceding 16 calendar year and the denominator of which shall be twenty-nine dollars, and 17 provided further that such cost price shall be the maximum value placed upon 18 refinery gas by the state and by any political subdivision under any authority or grant 19 of power to levy and collect use taxes. 20 (g) "Cost price", for purposes of the use tax imposed by the state and its 21 political subdivisions, shall exclude any amount that a manufacturer pays directly to 22 a dealer of the manufacturer's product for the purpose of reducing and that actually 23 results in an equivalent reduction in the retail "cost price" of that product. This 24 exclusion shall not apply to the value of the coupons that dealers accept from 25 purchasers as part payment of the "sales price" and that are redeemable by the 26 dealers through manufacturers or their agents. The value of such coupons is deemed 27 to be part of the "cost price" of the product purchased through the use of the coupons. Page 4 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (h)(i) For purposes of a publishing business which distributes its news 2 publications at no cost to readers and pays unrelated third parties to print such news 3 publications, the term "cost price" shall mean only the lesser of the following costs: 4 (aa) The printing cost paid to unrelated third parties to print such news 5 publications, less any itemized freight charges for shipping the news publications 6 from the printer to the publishing business and any itemized charges for paper and 7 ink. 8 (bb) Payments to a dealer or distributor as consideration for distribution of 9 the news publications. 10 (ii) The definition of "cost price" provided for in this Subparagraph shall be 11 applicable to taxes levied by all tax authorities in the state any political subdivision. 12 (i)(i) For purposes of the imposition of the use tax levied by the state and any 13 political subdivision whose boundaries are coterminous with those of the state, the 14 cost price of machinery and equipment used by a manufacturer in a plant facility 15 predominately and directly in the actual manufacturing for agricultural purposes or 16 the actual manufacturing process of an item of tangible personal property, which is 17 for ultimate sale to another and not for internal use, at one or more fixed locations 18 within Louisiana, shall be reduced as follows: 19 (aa) For the period ending on June 30, 2005, the cost price shall be reduced 20 by five percent. 21 (bb) For the period beginning July 1, 2005, and ending on June 30, 2006, the 22 cost price shall be reduced by nineteen percent. 23 (cc) For the period beginning July 1, 2006, and ending on June 30, 2007, the 24 cost price shall be reduced by thirty-five percent. 25 (dd) For the period beginning July 1, 2007, and ending on June 30, 2008, the 26 cost price shall be reduced by fifty-four percent. 27 (ee) For the period beginning July 1, 2008, and ending on June 30, 2009, the 28 cost price shall be reduced by sixty-eight percent. Page 5 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (ff) For all periods beginning on or after July 1, 2009, the cost price shall be 2 reduced by one hundred percent. 3 (ii) For purposes of this Subparagraph, the following definitions shall apply: 4 (aa) "Machinery and equipment" means tangible personal property or other 5 property that is eligible for depreciation for federal income tax purposes and that is 6 used as an integral part in the manufacturing of tangible personal property for sale. 7 "Machinery and equipment" shall also mean tangible personal property or other 8 property that is eligible for depreciation for federal income tax purposes and that is 9 used as an integral part of the production, processing, and storing of food and fiber 10 or of timber. 11 (I) Machinery and equipment, for purposes of this Subparagraph, also 12 includes but is not limited to the following: 13 (aaa) Computers and software that are an integral part of the machinery and 14 equipment used directly in the manufacturing process. 15 (bbb) Machinery and equipment necessary to control pollution at a plant 16 facility where pollution is produced by the manufacturing operation. 17 (ccc) Machinery and equipment used to test or measure raw materials, the 18 property undergoing manufacturing or the finished product, when such test or 19 measurement is a necessary part of the manufacturing process. 20 (ddd) Machinery and equipment used by an industrial manufacturing plant 21 to generate electric power for self consumption or cogeneration. 22 (eee) Machinery and equipment used primarily to produce a news 23 publication whether it is ultimately sold at retail or for resale or at no cost. Such 24 machinery and equipment shall include but not be limited to all machinery and 25 equipment used primarily in composing, creating, and other prepress operations, 26 electronic transmission of pages from prepress to press, pressroom operations, and 27 mailroom operations and assembly activities. The term "news publication" shall 28 mean any publication issued daily or regularly at average intervals not exceeding 29 three months, which contains reports of varied character, such as political, social, Page 6 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 cultural, sports, moral, religious, or subjects of general public interest, and 2 advertising supplements and any other printed matter ultimately distributed with or 3 a part of such publications. 4 (II) Machinery and equipment, for purposes of this Subparagraph, does not 5 include any of the following: 6 (aaa) A building and its structural components, unless the building or 7 structural component is so closely related to the machinery and equipment that it 8 houses or supports that the building or structural component can be expected to be 9 replaced when the machinery and equipment are replaced. 10 (bbb) Heating, ventilation, and air-conditioning systems, unless their 11 installation is necessary to meet the requirements of the manufacturing process, even 12 though the system may provide incidental comfort to employees or serve, to an 13 insubstantial degree, nonproduction activities. 14 (ccc) Tangible personal property used to transport raw materials or 15 manufactured goods prior to the beginning of the manufacturing process or after the 16 manufacturing process is complete. 17 (ddd) Tangible personal property used to store raw materials or 18 manufactured goods prior to the beginning of the manufacturing process or after the 19 manufacturing process is complete. 20 (bb) "Manufacturer" means: 21 (I) A person whose principal activity is manufacturing, as defined in this 22 Subparagraph, and who is assigned by the Louisiana Workforce Commission a North 23 American Industrial Classification System code within the agricultural, forestry, 24 fishing, and hunting Sector 11, the manufacturing Sectors 31-33, the information 25 Sector 511110 as they existed in 2002, or industry code 423930 as a recyclable 26 material merchant wholesaler engaged in manufacturing activities, which must 27 include shredding facilities, as determined by the secretary of the Department of 28 Revenue. Page 7 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (II) A person whose principal activity is manufacturing and who is not 2 required to register with the Louisiana Workforce Commission for purposes of 3 unemployment insurance, but who would be assigned a North American Industrial 4 Classification System code within the agricultural, forestry, fishing, and hunting 5 Sector 11, the manufacturing Sectors 31-33, the information Sector 511110 as they 6 existed in 2002, as determined by the Louisiana Department of Revenue from federal 7 income tax data, if he were required to register with the Louisiana Workforce 8 Commission for purposes of unemployment insurance. 9 (cc) "Manufacturing" means putting raw materials through a series of steps 10 that brings about a change in their composition or physical nature in order to make 11 a new and different item of tangible personal property that will be sold to another. 12 Manufacturing begins at the point at which raw materials reach the first machine or 13 piece of equipment involved in changing the form of the material and ends at the 14 point at which manufacturing has altered the material to its completed form. Placing 15 materials into containers, packages, or wrapping in which they are sold to the 16 ultimate consumer is part of this manufacturing process. Manufacturing, for 17 purposes of this Subparagraph, does not include any of the following: 18 (I) Repackaging or redistributing. 19 (II) The cooking or preparing of food products by a retailer in the regular 20 course of retail trade. 21 (III) The storage of tangible personal property. 22 (IV) The delivery of tangible personal property to or from the plant. 23 (V) The delivery of tangible personal property to or from storage within the 24 plant. 25 (VI) Actions such as sorting, packaging, or shrink wrapping the final 26 material for ease of transporting and shipping. 27 (dd) "Manufacturing for agricultural purposes" means the production, 28 processing, and storing of food and fiber and the production, processing, and storing 29 of timber. Page 8 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (ee) "Plant facility" means a facility, at one or more locations, in which 2 manufacturing, referred to in Sectors 11 and 31-33 of the North American Industrial 3 Classification system as of 2002, of a product of tangible personal property takes 4 place. 5 (ff) "Used directly" means used in the actual process of manufacturing or 6 manufacturing for agricultural purposes. 7 (iii) No person shall be entitled to purchase, use, lease, or rent machinery or 8 equipment as defined herein without payment of the tax imposed by R.S. 47:302, 9 321, and 331 before receiving a certificate of exclusion from the secretary of the 10 Department of Revenue certifying that he is a manufacturer as defined herein. 11 (iv) The secretary of the Department of Revenue is hereby authorized to 12 adopt rules and regulations in order to administer the exclusion provided for in this 13 Subparagraph. 14 (j) For the purpose of the sales and use taxes imposed by the state or any 15 political subdivision whose boundaries are coterminous with those of the state, the 16 "cost price" of electric power or energy, or natural gas for the period beginning July 17 1, 2007 and thereafter, purchased or used by paper or wood products manufacturing 18 facilities shall not include any of such cost. 19 (k)(i) For purposes of the imposition of the sales and use tax levied by the 20 state or any political subdivision whose boundaries are coterminous with those of the 21 state, the tax on the cost price of tangible property consumed in the manufacturing 22 process, such as fuses, belts, felts, wires, conveyor belts, lubricants, and motor oils 23 and the tax on the cost price of repairs and maintenance of manufacturing machinery 24 and equipment shall be reduced as follows: 25 (aa) For the period beginning July 1, 2010, and ending on June 30, 2011, the 26 state sales and use tax on the cost price shall be reduced by twenty-five percent. 27 (bb) For the period beginning July 1, 2011, and ending June 30, 2012, the 28 state sales and use tax on the cost price shall be reduced by fifty percent. Page 9 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (cc) For the period beginning July 1, 2012, and ending June 30, 2013, the 2 state sales and use tax on the cost price shall be reduced by seventy-five percent. 3 (dd) For all periods beginning on and after July 1, 2013, the state sales and 4 use tax on the cost price shall be reduced by one hundred percent. 5 (ii) For purposes of this Subparagraph, "manufacturer" means a person 6 whose principal activity is manufacturing and who is assigned an industry group 7 designation by the United States Census of 3211 through 3222 or 113310 pursuant 8 to the North American Industry Classification System of 2007. 9 (4) "Dealer" includes every person who manufactures or produces tangible 10 personal property for sale at retail, for use, or consumption, or distribution, or for 11 storage to be used or consumed in a taxing jurisdiction. "Dealer" is further defined 12 to mean: 13 (a) Every person who imports, or causes to be imported, tangible personal 14 property from any other state, foreign country, or other taxing jurisdiction for sale 15 at retail, for use, or consumption, or distribution, or for storage to be used or 16 consumed in a taxing jurisdiction. 17 (b) Every person who sells at retail, or who offers for sale at retail, or who 18 has in his possession for sale at retail, or for use, or consumption, or distribution, or 19 storage to be used or consumed in the taxing jurisdiction, tangible personal property 20 as defined herein. 21 (c) Any person who has sold at retail, or used, or consumed, or distributed, 22 or stored for use or consumption in the taxing jurisdiction, tangible personal property 23 and who cannot prove that the tax levied by this Chapter has been paid on the sale 24 at retail, the use, the consumption, the distribution, or the storage of said tangible 25 personal property. 26 (d)(i) Any person who leases or rents tangible personal property for a 27 consideration, permitting the use or possession of the said property without 28 transferring title thereto. Page 10 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (ii) However, a person who leases or rents tangible personal property to 2 customers who provide information to such person that they will use the property 3 only offshore beyond the territorial limits of the state shall not be included in the 4 term "dealer" for purposes of the collection of the rental or lease tax of the state, 5 statewide political subdivisions, and other political subdivisions on such lease or 6 rental contracts. For purposes of this Item, "use" means the operational or functional 7 use of the property and not other uses related to its possession such as transportation, 8 maintenance, and repair. It is the intention of this Item that the customers of such 9 persons shall remit any tax due on the lease or rental of such property directly to the 10 state and local taxing bodies to whom they are due. 11 (e) Any person who is the lessee or rentee of tangible personal property and 12 who pays to the owner of such property a consideration for the use or possession of 13 such property without acquiring title thereto. 14 (f) Any person, who sells or furnishes any of the services subject to tax under 15 this Chapter. 16 (g) Any person, as used in this act, who purchases or receives any of the 17 services subject to tax under this Chapter. 18 (h) Any person engaging in business in the taxing jurisdiction. "Engaging in 19 business in the taxing jurisdiction" means and includes any of the following methods 20 of transacting business: maintaining directly, indirectly, or through a subsidiary, an 21 office, distribution house, sales house, warehouse, or other place of business or by 22 having an agent, salesman, or solicitor operating within the taxing jurisdiction under 23 the authority of the seller or its subsidiary irrespective of whether such place of 24 business, agent, salesman, or solicitor is located in such taxing jurisdiction 25 permanently or temporarily or whether such seller or subsidiary is qualified to do 26 business in such taxing jurisdiction, or any person who makes deliveries of tangible 27 personal property into the taxing jurisdiction other than by a common or contract 28 carrier. Page 11 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (i) Any person who sells at retail any tangible personal property to a vending 2 machine operator for resale through coin-operated vending machines. 3 (j) Any person who makes deliveries of tangible personal property into the 4 taxing jurisdiction in a vehicle owned or operated by said person. 5 (k) The term "dealer" shall not include lessors of railroad rolling stock used 6 either for freight or passenger purposes. However, the term "dealer" shall include 7 lessees, other than a railway company or railroad corporation, of such property and 8 such lessees shall be responsible for the collection and payment of all state and local 9 sales and use taxes. 10 (l) Every person who engages in regular or systematic solicitation of a 11 consumer market in the taxing jurisdiction by the distribution of catalogs, 12 periodicals, advertising fliers, or other advertising, or by means of print, radio or 13 television media, by mail, telegraphy, telephone, computer data base, cable, optic, 14 microwave, or other communication system. 15 (5) "Gross sales" means the sum total of all retail sales of tangible personal 16 property, without any deduction whatsoever of any kind or character except as 17 provided in this Chapter. 18 (6)(a) "Hotel" means and includes any establishment engaged in the business 19 of furnishing sleeping rooms, cottages, or cabins to transient guests, where such 20 establishment consists of six or more sleeping rooms, cottages, or cabins at a single 21 business location. 22 (b) For purposes of the sales and use taxes of all tax authorities in this state, 23 the term "hotel" as defined herein shall not include camp and retreat facilities owned 24 and operated by nonprofit organizations exempt from federal income tax under 25 Section 501(a) of the Internal Revenue Code as an organization described in Section 26 501(c)(3) of the Internal Revenue Code provided that the net revenue derived from 27 the organizations's property is devoted wholly to the nonprofit organization's 28 purposes. However, for purposes of this Paragraph, the term "hotel" shall include 29 camp and retreat facilities which shall sell rooms or other accommodations to Page 12 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 transient guests who are not attending a function of such nonprofit organization that 2 owns and operates the camp and retreat facilities or a function of another nonprofit 3 organization exempt from federal income tax under Section 501(a) of the Internal 4 Revenue Code as an organization described in Section 501(c)(3) of the Internal 5 Revenue Code. It is the intention of the legislature to tax the furnishing of rooms to 6 those who merely purchase lodging at such facilities. 7 (c) For purposes of the sales and use taxes of all tax authorities in this state, 8 the term "hotel", as defined herein, shall not include a temporary lodging facility 9 which is operated by a nonprofit organization described in Section 501(c)(3) of the 10 Internal Revenue Code, provided that the facility is devoted exclusively to the 11 temporary housing, for periods no longer than thirty days' duration, of homeless 12 transient persons whom the organization determines to be financially incapable of 13 engaging lodging at a facility defined by Subparagraph (a) of this Paragraph, and 14 further provided that the lodging charge to such persons is no greater than twenty 15 dollars per day. 16 (7)(a) "Lease or rental" means the leasing or renting of tangible personal 17 property and the possession or use thereof by the lessee or renter, for a consideration, 18 without transfer of the title of such property. For the purpose of the leasing or 19 renting of automobiles, "lease" means the leasing of automobiles and the possession 20 or use thereof by the lessee, for a consideration, without the transfer of the title of 21 such property for a one hundred eighty-day period or more. "Rental" means the 22 renting of automobiles and the possession or use thereof by the renter, for a 23 consideration, without the transfer of the title of such property for a period less than 24 one hundred eighty days. 25 (b) Solely for purposes of sales tax levied and imposed by a local political 26 subdivision, the The term "lease or rental", however, as herein defined, shall not 27 mean or include the lease or rental made for the purposes of re-lease or re-rental of 28 casing tools and pipe, drill pipe, tubing, compressors, tanks, pumps, power units, Page 13 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 other drilling or related equipment used in connection with the operating, drilling, 2 completion, or reworking of oil, gas, sulphur, or other mineral wells. 3 (c) The term "lease or rental", as herein defined shall not mean or include a 4 lease or rental of property to be used in performance of a contract with the United 5 States Department of the Navy for construction or overhaul of U.S. Naval vessels. 6 (d) Solely for purposes of sales tax levied by a local political subdivision, the 7 The term "lease or rental", as herein defined, shall not mean the lease or rental of 8 airplanes or airplane equipment by a commuter airline domiciled in Louisiana. 9 (e) For purposes of state and political subdivision sales and use tax, the term 10 "lease or rental", as herein defined, shall not mean the lease or rental of items, 11 including but not limited to supplies and equipment, which are reasonably necessary 12 for the operation of free hospitals. 13 (f) For purposes of state and political subdivision sales and use tax, "lease 14 or rental" shall not mean the lease or rental of educational materials or equipment 15 used for classroom instruction by approved parochial and private elementary and 16 secondary schools which comply with the court order from the Dodd Brumfield 17 decision and Section 501(c)(3) of the Internal Revenue Code, limited to books, 18 workbooks, computers, computer software, films, videos, and audio tapes. 19 (g) For purposes of state and political subdivision sales and use tax, "lease 20 or rental" shall not mean the lease or rental of tangible personal property to Boys 21 State of Louisiana, Inc. and Girls State of Louisiana, Inc. which is used by such 22 organizations for their educational and public service programs for youth. 23 (h) For purposes of state and political subdivision sales and use tax, the term 24 "lease or rental" shall not mean or include the lease or rental of motor vehicles by 25 licensed motor vehicle dealers, as defined in R.S. 32:1252(14), or vehicle 26 manufacturers, as defined in R.S. 32:1252(11), for their use in furnishing such leased 27 or rented motor vehicles to their customers in performance of their obligations under 28 warranty agreements associated with the purchase of a motor vehicle or when the Page 14 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 applicable warranty has lapsed and the leased or rented motor vehicle is provided to 2 the customer at no charge. 3 (i) For purposes of sales and use taxes levied and imposed by local 4 governmental subdivisions, school boards, and other political subdivisions whose 5 boundaries are not coterminous with those of the state, "lease or rental" by a person 6 shall not mean or include the lease or rental of tangible personal property if such 7 lease or rental is made under the provisions of Medicare. 8 (j) Solely for purposes of the sales and use tax levied by the state or any 9 political subdivision whose boundaries are coterminous with those of the state, the 10 term "lease or rental" shall not include the lease or rental in this state of 11 manufacturing machinery and equipment used or consumed in this state to 12 manufacture, produce, or extract unblended biodiesel. 13 (k)(i) For purposes of any sales, use, or lease tax levied by the state or local 14 any political subdivision of the state, the term "lease or rental" shall not include the 15 lease or rental of a crane and related equipment with an operator. 16 (ii) Notwithstanding the provisions of Item (i) of this Subparagraph, cranes 17 leased or rented with an operator are subject to the provisions of the sales and use tax 18 law upon first use in Louisiana. 19 (l)(i) For purposes of the sales and use tax levied by all tax authorities any 20 political subdivision in this state, the term "lease or rental" shall not apply to leases 21 or rentals of pallets which are used in packaging products produced by a 22 manufacturer. 23 (ii) For purposes of this Subparagraph, the term "manufacturer" shall mean 24 a person whose primary activity is manufacturing and who is assigned by the 25 Louisiana Workforce Commission a North American Industrial Classification 26 System code within the manufacturing sectors 31-33 as they existed in 2002. 27 (8)(a) "Person", except as provided in Subparagraph (c), includes any 28 individual, firm, copartnership, joint adventure, association, corporation, estate, trust, 29 business trust, receiver, syndicate, this state, any parish, city and parish, Page 15 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 municipality, district or other political subdivision thereof or any board, agency, 2 instrumentality, or other group or combination acting as a unit, and the plural as well 3 as the singular number. 4 (b) Solely for purposes of the payment of state sales or use tax on the lease 5 or rental or the purchase of tangible personal property or services, "person" shall not 6 include a regionally accredited independent institution of higher education which is 7 a member of the Louisiana Association of Independent Colleges and Universities, 8 if such lease or rental or purchase is directly related to the educational mission of 9 such institution. However, the term "person" shall include such institution for 10 purposes of the payment of tax on sales by such institution if the sales are not 11 otherwise exempt. 12 (c)(i) For purposes of the payment of the state sales and use tax and the sales 13 and use tax levied by any political subdivision, "person" shall not include this state, 14 any parish, city and parish, municipality, district, or other political subdivision 15 thereof, or any agency, board, commission, or instrumentality of this state or its 16 political subdivisions. 17 (ii) Upon request by any political subdivision for an exemption identification 18 number, the Department of Revenue shall issue such number. The secretary may 19 promulgate rules and regulations in accordance with the Administrative Procedure 20 Act to carry out the provisions of this Item. 21 (d)(i) For purposes of the payment of the state sales and use tax and the sales 22 and use tax levied by any political subdivision, the term "person" shall not include 23 a church or synagogue that is recognized by the United States Internal Revenue 24 Service as entitled to exemption under Section 501(c)(3) of the United States Internal 25 Revenue Code. 26 (ii) The secretary of the Department of Revenue shall promulgate rules and 27 regulations defining the terms "church" and "synagogue" for purposes of this 28 exclusion. The definitions shall be consistent with the criteria established by the Page 16 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 U.S. Internal Revenue Service in identifying organizations that qualify for church 2 status for federal income tax purposes. 3 (iii) No church or synagogue shall claim exemption or exclusion from the 4 state sales and use tax or the sales and use tax levied by any political subdivision 5 before having obtained a certificate of authorization from the secretary of the 6 Department of Revenue. The secretary shall develop applications for such 7 certificates. The certificates shall be issued without charge to the institutions that 8 qualify. 9 (iv) The exclusion from the sales and use tax authorized by this 10 Subparagraph shall apply only to purchases of bibles, song books, or literature used 11 for religious instruction classes. 12 (e)(i) For purposes of the payment of the state sales and use tax and the sales 13 and use tax levied by any political subdivision, the term "person" shall not include 14 the Society of the Little Sisters of the Poor. 15 (ii) The secretary of the Department of Revenue shall promulgate rules and 16 regulations for purposes of this exclusion. The definitions shall be consistent with 17 the criteria established by the U.S. Internal Revenue Service in identifying tax- 18 exempt status for federal income tax purposes. 19 (iii) No member of the Society of the Little Sisters of the Poor shall claim 20 exemption or exclusion from the state sales and use tax or the sales and use tax 21 levied by any political subdivision before having obtained a certificate of 22 authorization from the secretary of the Department of Revenue. The secretary shall 23 develop applications for such certificates. The certificates shall be issued without 24 charge to the entities which qualify. 25 (f)(i) For purposes of the payment of sales and use tax levied by this state 26 and any political subdivision whose boundaries are coterminous with those of the 27 state, the term "person" shall not include a nonprofit entity which sells donated goods 28 and spends seventy-five percent or more of its revenues on directly employing or 29 training for employment persons with disabilities or workplace disadvantages. Page 17 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (ii) The secretary shall promulgate rules and regulations for the use of 2 exclusion certificates for purposes of implementation of this Subparagraph. Each 3 nonprofit entity electing to utilize the exclusion provided for in this Subparagraph 4 shall apply for an exclusion certificate annually. Any exclusion certificate granted 5 by the Department of Revenue shall be effective for a one-year period. 6 (iii) The secretary shall provide forms for nonprofit entities to request an 7 exclusion certificate. 8 (9) "Purchaser" means and includes any person who acquires or receives any 9 tangible personal property, or the privilege of using any tangible personal property, 10 or receives any services pursuant to a transaction subject to tax under this Chapter. 11 (10)(a)(i) Solely for the purposes of the imposition of the state sales and use 12 tax, "retail sale" or "sale at retail" means a sale to a consumer or to any other person 13 for any purpose other than for resale as tangible personal property, or for the lease 14 of automobiles in an arm's length transaction, and shall mean and include all such 15 transactions as the secretary, upon investigation, finds to be in lieu of sales; provided 16 that sales for resale or for lease of automobiles in an arm's length transaction must 17 be made in strict compliance with the rules and regulations. Any dealer making a 18 sale for resale or for the lease of automobiles, which is not in strict compliance with 19 the rules and regulations, shall himself be liable for and pay the tax. 20 (ii) Solely for purposes of the imposition of the sales and use tax levied by 21 a political subdivision or school board, "retail sale" or "sale at retail" shall mean a 22 sale to a consumer or to any other person for any purpose other than for resale in the 23 form of tangible personal property, or resale of those services defined in Paragraph 24 (14) of this Section provided the retail sale of the service is subject to sales tax in this 25 state, and shall mean and include all such transactions as the collector, upon 26 investigation, finds to be in lieu of sales; provided that sales for resale be made in 27 strict compliance with the rules and regulations. Any dealer making a sale for resale, 28 which is not in strict compliance with the rules and regulations shall himself be liable 29 for and pay the tax. A local collector shall accept a resale certificate issued by the Page 18 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 Department of Revenue, provided the taxpayer includes the parish of its principal 2 place of business and local sales tax account number on the state certificate. 3 However, in the case of an intra-parish transaction from dealer to dealer, the 4 collector may require that the local exemption certificate be used in lieu of the state 5 certificate. The department shall accommodate the inclusion of such information on 6 its resale certificate for such purposes. 7 (iii) "Retail sale" or "sale at retail" for purposes of sales and use taxes 8 imposed by the state on transactions involving the sale for rental of automobiles 9 which take place on or after January 1, 1991, and by political subdivisions on such 10 transactions on or after July 1, 1996, and state sales and use taxes imposed on 11 transactions involving the lease or rental of tangible personal property other than 12 automobiles which take place on or after July 1, 1991, means a sale to a consumer 13 or to any other person for any purpose other than for resale as tangible personal 14 property, or for lease or rental in an arm's length transaction in the form of tangible 15 personal property, and shall mean and include all such transactions as the secretary, 16 upon investigation, finds to be in lieu of sales; provided that sales for resale or for 17 lease or rental in an arm's length transaction must be made in strict compliance with 18 the rules and regulations. Any dealer making a sale for resale or for lease or rental, 19 which is not in strict compliance with the rules and regulations, shall himself be 20 liable for and pay the tax. For purposes of the imposition of the tax imposed by any 21 political subdivision of the state, for the period beginning on July 1, 1999, and 22 ending on June 30, 2000, the term "retail sale" or "sale at retail" shall not include 23 one-fourth of the sales price of any tangible personal property which is sold in order 24 to be leased or rented in an arm's length transaction in the form of tangible personal 25 property. For purposes of the imposition of the tax imposed by any political 26 subdivision of the state, for the period beginning on July 1, 2000, and ending on June 27 30, 2001, the term "retail sale" or "sale at retail" shall not include one-half of the 28 sales price of any tangible personal property which is sold in order to be leased or 29 rented in an arm's length transaction in the form of tangible personal property. For Page 19 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 purposes of the imposition of the tax imposed by any political subdivision of the 2 state, for the period beginning on July 1, 2001, and ending on June 30, 2002, the 3 term "retail sale" or "sale at retail" shall not include three-fourths of the sales price 4 of any tangible personal property which is sold in order to be leased or rented in an 5 arm's length transaction in the form of tangible personal property. Beginning July 6 1, 2002, for the purposes of imposition of the tax levied by any political subdivision 7 of the state, the term "retail sale" or "sale at retail" shall not include the sale of any 8 tangible personal property which is sold in order to be leased or rented in an arm's 9 length transaction in the form of tangible personal property. 10 (iv) "Retail sale" or "sale at retail", for purposes of sales and use taxes 11 imposed by the state on transactions involving the sale for rental of automobiles 12 which take place prior to January 1, 1991, and by political subdivisions on such 13 transactions prior to July 1, 1996, and imposed on transactions involving the lease 14 or rental of tangible personal property other than autos which take place prior to July 15 1, 1991, and for purposes of local sales and use taxes levied by political subdivisions 16 except for transactions involving the sale for rental of automobiles on or after July 17 1, 1996, means a sale to a consumer or to any other person for any purpose other 18 than for resale in the form of tangible personal property, and shall mean and include 19 all such transactions as the secretary, upon investigation, finds to be in lieu of sales; 20 provided that sales for resale must be made in strict compliance with the rules and 21 regulations. Any dealer making a sale for resale, which is not in strict compliance 22 with the rules and regulations, shall himself be liable for and pay the tax. However, 23 contrary provisions of law notwithstanding, any political subdivision may, by 24 ordinance, adopt the definition of "retail sale" or "sale at retail" provided in Item (iii) 25 of this Subparagraph for purposes of the imposition of its sales and use tax. 26 (v) Became null and void on June 30, 2006. See Acts 2002, 1st Ex. Sess., 27 No. 3. 28 (vi)(a) Solely for purposes of the payment of state sales and use tax, until 29 January 1, 2007, the term "sale at retail" shall not include purchases made in Page 20 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 connection with the filming or production of a motion picture by a motion picture 2 production company which has been relieved from the payment of state sales and use 3 tax under the provisions of Chapter 12 of Subtitle II of this Title, also known as the 4 "Louisiana Motion Picture Incentive Act". This exclusion shall be retroactively 5 revoked if it is determined that a motion picture production company that has been 6 relieved from payment of state sales and use tax under Chapter 12 failed to meet the 7 conditions of such relief. 8 (b)(i) Solely for purposes of the sales and use tax levied by the state, the sale 9 of tangible personal property to a dealer who purchases said property for resale 10 through coin-operated vending machines shall be considered a "sale at retail", subject 11 to such tax. The subsequent resale of the property by the dealer through 12 coin-operated vending machines shall not be considered a "sale at retail". 13 (ii) Solely for purposes of the sales and use tax levied by political 14 subdivisions, the term "sale at retail" shall include the sale of tangible personal 15 property by a dealer through coin-operated vending machines. 16 (c)(i)(aa)(b)(i)(aa) The term "sale at retail" does not include sale of materials 17 for further processing into articles of tangible personal property for sale at retail. 18 (bb) Solely for purposes of the sales and use tax levied by the state, natural 19 gas when used in the production of iron in the process known as the "direct reduced 20 iron process" is not a catalyst and is recognized by the legislature to be a material for 21 further processing into an article of tangible personal property for sale at retail. 22 (ii)(aa) Solely for purposes of the sales and use tax levied by the state, the 23 term "sale at retail" does not include sales of electricity for chlor-alkali 24 manufacturing processes. 25 (bb) The term "sale at retail" does not include an isolated or occasional sale 26 of tangible personal property by a person not engaged in such business. 27 (d) The term "sale at retail" does not include the sale of any human tissue 28 transplants, which shall be defined to include all human organs, bone, skin, cornea, Page 21 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 blood, or blood products transplanted from one individual into another recipient 2 individual. 3 (e) The term "sale at retail" does not include the sale of raw agricultural 4 commodities, including but not limited to feed, seed, and fertilizer, to be utilized in 5 preparing, finishing, manufacturing, or producing crops or animals for market. The 6 Department of Agriculture and Forestry may develop and promulgate guidelines to 7 determine who meets this definition. Any person meeting such guidelines shall 8 receive a certificate from the Department of Agriculture and Forestry indicating that 9 such person is eligible to purchase such items without paying tax thereon. 10 (f) Notwithstanding any other law to the contrary, for purposes of the 11 imposition of the sales and use tax of any political subdivision, the sale of a vehicle 12 subject to the Vehicle Registration License Tax Law (R.S. 47:451 et seq.) shall be 13 deemed to be a "retail sale" or a "sale at retail": 14 (i) In the political subdivision of the principal residence of the purchaser if 15 the vehicle is purchased for private use, or 16 (ii) In the political subdivision of the principal location of the business if the 17 vehicle is purchased for commercial use, unless the vehicle purchased for 18 commercial use is assigned, garaged, and used outside of such political subdivision, 19 in which case the sale shall be deemed a "retail sale" or a "sale at retail" in the 20 political subdivision where the vehicle is assigned, garaged, and used. 21 (g) The term "retail sale" does not include a sale of corporeal movable 22 property which is intended for future sale to the United States government or its 23 agencies, when title to such property is transferred to the United States government 24 or its agencies prior to the incorporation of that property into a final product. 25 (h) The term "sale at retail" does not include the sale of food items by youth 26 serving organizations chartered by congress. 27 (i) The term "sale at retail" does not include the purchase of a new school 28 bus or a used school bus which is less than five years old by an independent operator, Page 22 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 when such bus is to be used exclusively in a public school system. This exclusion 2 shall apply to all sales and use taxes levied by any local political subdivision. 3 (j) The term "sale at retail" does not include the sale of tangible personal 4 property to food banks, as defined in R.S. 9:2799. 5 (k) Solely for purposes of sales and use taxes levied by any local political 6 subdivision, the The term "sale at retail" shall not include the sale of airplanes or 7 airplane equipment or parts to a commuter airline domiciled in Louisiana. 8 (l) Solely for purposes of the state sales and use tax, the term "sale at retail" 9 shall not include the sale of a pollution control device or system. Pollution control 10 device or system shall mean any tangible personal property approved by the 11 Department of Revenue and the Department of Environmental Quality and sold or 12 leased and used or intended for the purpose of eliminating, preventing, treating, or 13 reducing the volume or toxicity or potential hazards of industrial pollution of air, 14 water, groundwater, noise, solid waste, or hazardous waste in the state of Louisiana. 15 For the purposes of any sales and use tax levied by a political subdivision, the term 16 "sale at retail" shall include the sale of a pollution control device or system. In order 17 to qualify, the pollution control device or system must demonstrate either: a net 18 decrease in the volume or toxicity or potential hazards of pollution as a result of the 19 installation of the device or system; or that installation is necessary to comply with 20 federal or state environmental laws or regulations. 21 (m) Solely for For purposes of sales and use taxes imposed or levied by the 22 state or any political subdivision, the term "sale at retail" shall not include the sales 23 of Louisiana-manufactured or Louisiana-assembled passenger aircraft with a 24 maximum capacity of eight persons, if, after all transportation, including 25 transportation by the purchaser, has been completed, the aircraft is ultimately 26 received by the purchaser outside of Louisiana. The place at which the aircraft is 27 ultimately received shall be considered as the place at which the aircraft is stored 28 after all transportation has been completed. Page 23 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (n) For purposes of sales and use taxes imposed or levied by the state or any 2 local political subdivision thereof, the term "sale at retail" shall not include the sales 3 of pelletized paper waste when purchased for use as combustible fuel by an electric 4 utility or in an industrial manufacturing, processing, compounding, reuse, or 5 production process, including the generation of electricity or process steam, at a 6 fixed location in this state. However, such sale shall not be excluded unless the 7 purchaser has signed a certificate stating that the fuel purchased is for the exclusive 8 use designated herein. For purposes of this Subparagraph, "pelletized paper waste" 9 means pellets produced from discarded waste paper that has been diverted or 10 removed from solid waste which is not marketable for recycling and which is wetted, 11 extruded, shredded, or formulated into compact pellets of various sizes for use as a 12 supplemental fuel in a permitted boiler. 13 (o) For the purposes of sales and use taxes imposed or levied by the state or 14 any local governmental subdivision or school board, the term "sale at retail" shall not 15 include the sale or purchase of equipment used in fire fighting by bona fide volunteer 16 and public fire departments. 17 (p) For purposes of state and political subdivision sales and use tax, the term 18 "sale at retail" shall not include the sale of items, including but not limited to 19 supplies and equipment, or the sale of services as provided in this Section, which are 20 reasonably necessary for the operation of free hospitals. 21 (q) For purposes of state and political subdivision sales and use tax, the term 22 "sale at retail" shall not include: 23 (i) The sale of tangible personal property by approved parochial and private 24 elementary and secondary schools which comply with the court order from the Dodd 25 Brumfield decision and Section 501(c)(3) of the Internal Revenue Code, or students, 26 administrators, or teachers, or other employees of the school, if the money from such 27 sales, less reasonable and necessary expenses associated with the sale, is used solely 28 and exclusively to support the school or its program or curricula. This exclusion 29 shall not be construed to allow tax-free sales to students or their families by Page 24 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 promoters or regular commercial dealers through the use of schools, school faculty, 2 or school facilities. 3 (ii) The sale to approved parochial and private elementary and secondary 4 schools which comply with the court order from the Dodd Brumfield decision and 5 Section 501(c)(3) of the Internal Revenue Code of educational materials or 6 equipment used for classroom instruction limited to books, workbooks, computers, 7 computer software, films, videos, and audio tapes. 8 (r) For purposes of state and political subdivision sales and use tax, the term 9 "sale at retail" shall not include the sale of tangible personal property to Boys State 10 of Louisiana, Inc. and Girls State of Louisiana, Inc. which is used by such 11 organizations for their educational and public service programs for youth. 12 (s) The term "sale at retail" or "retail sale", for purposes of sales and use 13 taxes imposed by the state or any political subdivision or other taxing entity, shall 14 not include any charge, fee, money, or other consideration received, given, or paid 15 for the performance of funeral directing services. For purposes of this Subparagraph, 16 "funeral directing services" means the operation of a funeral home, or by way of 17 illustration and not limitation, any service whatsoever connected with the 18 management of funerals, or the supervision of hearses or funeral cars, the cleaning 19 or dressing of dead human bodies for burial, and the performance or supervision of 20 any service or act connected with the management of funerals from time of death 21 until the body or bodies are delivered to the cemetery, crematorium, or other agent 22 for the purpose of disposition. However, such services shall not mean or include the 23 sale, lease, rental, or use of any tangible personal property as those terms are defined 24 in this Section. 25 (t) For purposes of sales and use taxes levied by the state or any local 26 political subdivision of the state, the term "sale at retail" shall not include the transfer 27 of title to or possession of telephone directories by an advertising company that is 28 not affiliated with a provider of telephone services if the telephone directories will 29 be distributed free of charge to the recipients of the telephone directories. Page 25 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (u) For purposes of sales and use taxes levied and imposed by local 2 governmental subdivisions, school boards, and other political subdivisions whose 3 boundaries are not coterminous with those of the state, "sale at retail" by a person 4 shall not mean or include the sale of tangible personal property if such sale is made 5 under the provisions of Medicare. 6 (v) For purposes of the imposition of sales and use taxes imposed or levied 7 by all taxing authorities any local political subdivision in the state, in the case of the 8 sale or other disposition by a dealer of any cellular, PCS, or wireless telephone, or 9 any electronic accessories that are physically connected with such telephones and 10 personal communication devices used in connection with the sale or use of mobile 11 telecommunications services, the term "retail sale" or "sale at retail" shall mean and 12 include the sale or any other disposition of such cellular, PCS, or wireless telephone, 13 any electronic accessories that are physically connected with such telephones and 14 personal communication devices by the dealer to the purchaser, but shall not mean 15 or include the withdrawal, use, distribution, consumption, storage, donation, or any 16 other disposition of any such cellular, PCS, or wireless telephone, any electronic 17 accessories that are physically connected with such telephones, and personal 18 communication devices by the dealer. 19 (w) For purposes of the imposition of sales and use taxes imposed or levied 20 by any political subdivision of the state, in the case of the sale or other disposition 21 by a dealer of any cellular telephone, PCS telephone, wireless telephone, or other 22 wireless personal communication device that is used in connection with the sale or 23 use of mobile telecommunications services, or any electronic accessory that is 24 physically connected with any such telephone or personal communication device, the 25 term "retail sale" or "sale at retail" shall mean and include the sale or any other 26 disposition of any such telephone, other personal communication device, or 27 electronic accessory. 28 (x) For purposes of the sales and use tax imposed by the state or any political 29 subdivision whose boundaries are coterminous with those of the state, the terms Page 26 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 "retail sale" or "sale at retail" shall not include the following:the sale or purchase by 2 a consumer of any fuel or gas, including but not limited to butane and propane, for 3 residential use by the consumer. 4 (i) The sale or purchase by a person of any fuel or gas, including but not 5 limited to butane and propane. 6 (ii) Beginning July 1, 2008, the sale or purchase by any person of butane and 7 propane. 8 (y)(i) Solely for the purposes of sales and use taxes levied by the state or any 9 political subdivision whose boundaries are coterminous with those of the state, the 10 term "sale at retail" shall not include the sale of manufacturing machinery and 11 equipment used or consumed in this state to manufacture, produce, or extract 12 unblended biodiesel. 13 (ii) As used in this Subparagraph, the following words and phrases have the 14 meaning ascribed to them: 15 (aa) "Manufacturing machinery and equipment" means tangible property 16 used or consumed, or held for use or consumption, as an integral part of a biodiesel 17 manufacturing, production, or extraction facility, process, or item of equipment. 18 Property shall be considered to be an integral part of such biodiesel manufacturing, 19 production, or extraction facility, process, or item of equipment only if such property 20 is used or consumed directly in the manufacturing, production, or extraction process 21 or is part of, physically attached to, or otherwise directly associated with such 22 property. Property, the installation of which is reasonably necessary for the proper 23 installation, operation, maintenance of property which directly results in such 24 manufacturing, production, or extraction shall be considered as directly associated 25 with such property. 26 (bb) "Unblended biodiesel" means a fuel comprised of mono-alkyl esters of 27 long chain fatty acids derived from vegetable oils or animal fats, designated B100, 28 and meeting the requirements of the definition provided for in D 6751 of the Page 27 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 American Society of Testing and Materials (ATDM D 6751), before such fuel is 2 blended with a petroleum-based diesel fuel. 3 (z) Solely for the purposes of sales and use taxes levied by the state or any 4 political subdivision whose boundaries are coterminous with those of the state, the 5 term "sale at retail" shall not include the sale of any alternative substance when such 6 alternative substance is used as a fuel by a manufacturer. "Alternative substance" 7 means any substance other than oil and natural gas and any product of oil and natural 8 gas. "Alternative substance" shall include petroleum coke, landfill gas, reclaimed 9 or waste oil, unblended biodiesel, or tire-derived fuel, but not coal, lignite, refinery 10 gas, nuclear fuel, or electricity. "Manufacturer" means a person whose principal 11 activity is manufacturing and who is assigned by the Louisiana Workforce 12 Commission a North American Industrial Classification System code with the 13 agricultural, forestry, fishing, and hunting Sector 11 or the manufacturing Sectors 31- 14 33 as they existed in 2002. 15 (aa)(i) For purposes of sales and use taxes imposed or levied by the state or 16 any political subdivision of the state, the term "sale at retail" shall not include the 17 sale of toys to a non-profit organization exempt from federal taxation pursuant to 18 Section 501(c)(3) of the Internal Revenue Code if the sole purpose of the purchasing 19 organization is to donate toys to minors and the toys are, in fact, donated. 20 (ii) The exclusion provided in this Subparagraph shall not apply if the 21 donation is intended to ultimately yield a profit to a promoter of the organization or 22 to any individual contracted to provide services or equipment, or both, to the 23 organization. 24 (iii) A certificate of exclusion shall be obtained from the secretary or the tax 25 collector of the political subdivision, under such regulations as he shall prescribe, in 26 order for nonprofit organizations to qualify for the exclusion provided for in this 27 Subparagraph. 28 (bb) For purposes of sales and use taxes imposed or levied by the state, the 29 terms "retail sale" and "sale at retail" shall not include sales of natural gas to be held, Page 28 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 used, or consumed in providing natural gas storage services or operating natural gas 2 storage facilities. 3 (cc) For purposes of the sales and use tax imposed by the state or any 4 political subdivision of the state, the terms "retail sale" or "sale at retail" shall not 5 mean or include the purchase of textbooks and course-related software by a private 6 postsecondary academic degree-granting institution, accredited by a national or 7 regional commission that is recognized by the United States Department of 8 Education and is licensed by the Board of Regents, which institution has its main 9 location within this state and offers only online instruction, when all of the following 10 apply: 11 (i) The textbooks and course-related software are physically outside of this 12 state when purchased from a vendor outside of this state and then imported into this 13 state. 14 (ii) The first student use of the textbooks and course-related software occurs 15 outside of this state. 16 (iii) The textbooks and course-related software are provided to the student 17 free of charge. 18 (dd) For purposes of sales and use taxes imposed or levied by the state, the 19 terms "retail sale" or "sale at retail" shall not include the purchase of food items for 20 school lunch or breakfast programs by nonpublic elementary or secondary schools 21 which participate in the National School Lunch and School Breakfast programs or 22 the purchase of food items by nonprofit corporations which serve students in 23 nonpublic elementary or secondary schools and which participate in the National 24 School Lunch and School Breakfast programs. 25 (ee)(i) Solely for the purposes of the imposition of the state sales and use tax, 26 the term "retail sale" and "sale at retail" shall not include the sale of any storm 27 shutter device. Page 29 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (ii) As used in this Subparagraph, "storm shutter device" means materials 2 and products manufactured, rated, and marketed specifically for the purpose of 3 preventing window damage from storms. 4 (iii) The secretary of the Department of Revenue, in consultation with the 5 Department of Insurance, shall promulgate such rules and regulations in accordance 6 with the Administrative Procedure Act as may be necessary to carry out the 7 provisions of this Subparagraph. 8 (ff) For purposes of sales taxes imposed by the state or any political 9 subdivision of the state, the term "retail sale" or "sale at retail" shall not include sales 10 of tangible personal property by the Military Department, state of Louisiana, which 11 occur on an installation or other property owned or operated by the Military 12 Department. 13 (gg) For purposes of sales and use tax imposed by the state or any local 14 political subdivision of the state, the term "sale at retail" shall not include the sale of 15 anthropogenic carbon dioxide for use in a qualified tertiary recovery project 16 approved by the assistant secretary of the office of conservation of the Department 17 of Natural Resources pursuant to R.S. 47:633.4. 18 (hh) For purposes of sales and use tax imposed by the state, any political 19 subdivision whose boundaries are coterminous with those of the state, or any other 20 any local political subdivision, the term "sale at retail" shall not include the sale of 21 tangible personal property at an event providing Louisiana heritage, culture, crafts, 22 art, food, and music which is sponsored by a domestic nonprofit organization that is 23 exempt from tax under Section 501(c)(3) of the Internal Revenue Code. The 24 provisions of this Subparagraph shall apply only to an event which transpires over 25 a minimum of seven but not more than twelve days and has a five-year annual 26 average attendance of at least three hundred thousand over the duration of the event. 27 For purposes of determining the five-year annual average attendance, the calculation 28 shall include the total annual attendance for each of the five most recent years. The 29 provisions of this Subparagraph shall apply only to sales by the sponsor of the event. Page 30 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (11) "Retailer" means and includes every person engaged in the business of 2 making sales at retail or for distribution, or use or consumption, or storage to be used 3 or consumed in this state. 4 (12) "Sale" means any transfer of title or possession, or both, exchange, 5 barter, conditional or otherwise, in any manner or by any means whatsoever, of 6 tangible personal property, for a consideration, and includes the fabrication of 7 tangible personal property for consumers who furnish, either directly or indirectly, 8 the materials used in fabrication work, and the furnishing, preparing or serving, for 9 a consideration, of any tangible personal property, consumed on the premises of the 10 person furnishing, preparing or serving such tangible personal property. A 11 transaction whereby the possession of property is transferred but the seller retains 12 title as security for the payment of the price shall be deemed a sale. 13 (13)(a) "Sales price" means the total amount for which tangible personal 14 property is sold, less the market value of any article traded in including any services, 15 except services for financing, that are a part of the sale valued in money, whether 16 paid in money or otherwise, and includes the cost of materials used, labor or service 17 costs, except costs for financing which shall not exceed the legal interest rate and a 18 service charge not to exceed six percent of the amount financed, and losses; provided 19 that cash discounts allowed and taken on sales shall not be included, nor shall the 20 sales price include the amount charged for labor or services rendered in installing, 21 applying, remodeling, or repairing property sold. 22 (b) The term "sales price" shall not include any amount designated as a cash 23 discount or a rebate by the vendor or manufacturer of any new vehicle subject to the 24 motor vehicle license tax. For purposes of this Paragraph "rebate" means any 25 amount offered by a vendor or manufacturer as a deduction from the listed retail 26 price of the vehicle. 27 (c) "Sales price" shall not include the first fifty thousand dollars of the sale 28 price of new farm equipment used in poultry production. Page 31 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (d) Notwithstanding any other provision of law to the contrary, for purposes 2 of state and local political subdivision sales and use tax, the "sales price" of refinery 3 gas, except for feedstock, not ultimately consumed as an energy source by the 4 person who owns the facility in which the refinery gas is created as provided for in 5 Subparagraph (18)(d) of this Section, but sold to another person, whether at retail or 6 wholesale, shall be fifty-two cents per thousand cubic feet multiplied by a fraction 7 the numerator of which shall be the posted price for a barrel of West Texas 8 Intermediate Crude Oil on December first of the preceding calendar year and the 9 denominator of which shall be twenty-nine dollars, and provided further that such 10 sales price shall be the maximum value placed upon refinery gas by the state and by 11 any political subdivision under any authority or grant of power to levy and collect 12 sales or use taxes, and such sale shall be taxable. 13 (e) The term "sales price", for purposes of the sales tax imposed by the state 14 and its political subdivisions any local political subdivision, shall exclude any 15 amount that a manufacturer pays directly to a dealer of the manufacturer's product 16 for the purpose of reducing and that actually results in an equivalent reduction in the 17 retail "sales price" of that product. This exclusion shall not apply to the value of the 18 manufacturer's coupons that dealers accept from purchasers as part payment of the 19 "sales price" and that are redeemable by the dealers through manufacturers or their 20 agents. The value of such coupons is deemed to be part of the "sales price" of the 21 product purchased through the use of the coupons. 22 (f) The term "sales price" shall exclude any charge, fee, money, or other 23 consideration received, given, or paid for the performance of funeral directing 24 services as defined in Subparagraph (10)(s) of this Section. 25 (g) For purposes of the imposition of sales and use taxes imposed or levied 26 by all taxing authorities in the state any local political subdivision, in the case of the 27 retail sale by a dealer of any cellular, PCS, or wireless telephone, any electronic 28 accessories that are physically connected with such telephones and personal 29 communications devices used in connection with the sale or use of mobile Page 32 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 telecommunications services, as defined in R.S. 47:301(10)(v), the term "sales price" 2 shall mean and include only the amount of money, if any, actually received by the 3 dealer from the purchaser for each such cellular, PCS, or wireless telephone and any 4 electronic accessories that are physically connected with such telephones and 5 personal communication devices, but shall not include (i) any amount received by 6 the dealer from the purchaser for providing mobile telecommunications services, or 7 (ii) any commissions, fees, rebates, or other amounts received by the dealer from any 8 source other than the purchaser as a result of or in connection with the sale of the 9 cellular, PCS, or wireless telephone, any electronic accessories that are physically 10 connected with such telephones and personal communication devices. 11 (h) For the purpose of the imposition of sales and use tax imposed or levied 12 by all taxing authorities in the state any local political subdivision of any cellular, 13 PCS, or wireless telephone used in connection with the sale or use of mobile 14 telecommunications services, as defined in R.S. 47:301(10)(v), after January 1, 2002, 15 the term "sales price" shall mean and include the greater of (i) the amount of money 16 actually received by the dealer from the purchaser for each such telephone, or (ii) 17 twenty-five percent of the cost of such telephone to the dealer, but shall not include 18 any amount received by the dealer from the purchaser for providing mobile 19 telecommunications services or any commissions, fees, rebates, or other amounts 20 received by the dealer from any source other than the purchaser as a result of or in 21 connection with the sale of the telephone. 22 (i)(i) For purposes of a publishing business which distributes its news 23 publications at no cost to readers and pays unrelated third parties to print such news 24 publications, the term "sales price" shall mean only the lesser of the following costs: 25 (aa) The printing cost paid to unrelated third parties to print such news 26 publications, less any itemized freight charges for shipping the news publications 27 from the printer to the publishing business and any itemized charges for paper and 28 ink. Page 33 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (bb) Payments to a dealer or distributor as consideration for distribution of 2 the news publications. 3 (ii) The definition of "sales price" provided for in this Subparagraph shall be 4 applicable to taxes levied by all tax authorities in the state any local political 5 subdivision. 6 (j) For the purpose of the imposition of sales and use tax imposed or levied 7 by any local political subdivision of the state, in the case of any retail sale or sale at 8 retail, of any cellular telephone, PCS telephone, or wireless telephone used in 9 connection with the sale or use of mobile telecommunications services, as defined 10 in R.S. 47:301(10)(w), or any electronic accessory that is physically connected with 11 any such telephone or personal communication device, the term "sales price" shall 12 mean and include the greater of (i) the amount of money, if any, actually received 13 by the dealer from the purchaser at the time of the retail sale or sale at retail by the 14 dealer to the purchaser for each such telephone, personal communication device, or 15 electronic accessory, or (ii) twenty-five percent of the cost of such telephone to the 16 dealer, but shall not include any amount received by the dealer from the purchaser 17 for providing mobile telecommunications services or any commissions, fees, rebates, 18 activation charges, or other amounts received by the dealer from any source other 19 than the purchaser as a result of or in connection with the sale of the telephone. 20 (k)(i) For purposes of the imposition of the sales tax levied by the state and 21 any political subdivision whose boundaries are coterminous with those of the state, 22 the sales price of machinery and equipment purchased by a manufacturer for use in 23 a plant facility predominately and directly in the actual manufacturing for 24 agricultural purposes or the actual manufacturing process of an item of tangible 25 personal property, which is for ultimate sale to another and not for internal use, at 26 one or more fixed locations within Louisiana shall be reduced as follows: 27 (aa) For the period ending on June 30, 2005, the sales price shall be reduced 28 by five percent. Page 34 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (bb) For the period beginning July 1, 2005, and ending on June 30, 2006, the 2 sales price shall be reduced by nineteen percent. 3 (cc) For the period beginning July 1, 2006, and ending on June 30, 2007, the 4 sales price shall be reduced by thirty-five percent. 5 (dd) For the period beginning July 1, 2007, and ending on June 30, 2008, the 6 sales price shall be reduced by fifty-four percent. 7 (ee) For the period beginning July 1, 2008, and ending on June 30, 2009, the 8 sales price shall be reduced by sixty-eight percent. 9 (ff) For all periods beginning on or after July 1, 2009, the sales price shall 10 be reduced by one hundred percent. 11 (ii) For purposes of this Subparagraph, "machinery and equipment", 12 "manufacturer", "manufacturing", "manufacturing for agricultural purposes","plant 13 facility", and "used directly" shall have the same meaning as defined in R.S. 14 47:301(3)(i)(ii). 15 (iii) No person shall be entitled to purchase, use, lease, or rent machinery or 16 equipment as defined herein without payment of the tax imposed by R.S. 47:302, 17 321, and 331 before receiving a certificate of exclusion from the secretary of the 18 Department of Revenue certifying that he is a manufacturer as defined herein. 19 (iv) The secretary of the Department of Revenue is hereby authorized to 20 adopt rules and regulations in order to administer the exclusion provided for in this 21 Subparagraph. 22 (l)(i) For purposes of the payment of the state sales and use tax and the sales 23 and use tax levied by any political subdivision, the term "sales price" shall not 24 include the price of specialty items sold to members for fund-raising purposes by 25 nonprofit carnival organizations domiciled within Louisiana and participating in a 26 parade sponsored by a carnival organization. 27 (ii) The secretary of the Department of Revenue shall promulgate rules and 28 regulations for purposes of this exclusion. Page 35 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (iii) No nonprofit carnival organization domiciled within Louisiana and 2 participating in a parade sponsored by a carnival organization shall claim exemption 3 or exclusion from the state sales and use tax or the sales and use tax levied by any 4 political subdivision before having obtained a certificate of authorization from the 5 secretary of the Department of Revenue. The secretary shall develop applications 6 for such certificates. The certificates shall be issued without charge to the entities 7 which qualify. 8 (m) For purposes of the sales and use tax imposed by the state or any 9 political subdivision whose boundaries are coterminous with those of the state, the 10 "sales price" of electric power or energy, or natural gas for the period beginning July 11 1, 2007, and thereafter, sold for use by paper or wood products manufacturing 12 facilities shall not include any of such price. 13 (14) "Sales of services" means and includes the following: 14 (a) The furnishing of sleeping rooms, cottages or cabins by hotels. 15 (b)(i) The sale of admissions to places of amusement, to athletic 16 entertainment other than that of schools, colleges, and universities, and recreational 17 events, and the furnishing, for dues, fees, or other consideration of the privilege of 18 access to clubs or the privilege of having access to or the use of amusement, 19 entertainment, athletic, or recreational facilities; but the term "sales of services" shall 20 not include membership fees or dues of nonprofit, civic organizations, including by 21 way of illustration and not of limitation the Young Men's Christian Association, the 22 Catholic Youth Organization, and the Young Women's Christian Association. 23 (ii) Places of amusement shall not include "museums", which are hereby 24 defined as public or private nonprofit institutions which are organized on a 25 permanent basis for essentially educational or aesthetic purposes and which use 26 professional staff to do all of the following: 27 (aa) Own or use tangible objects, whether animate or inanimate. 28 (bb) Care for those objects. 29 (cc) Exhibit them to the public on a regular basis. Page 36 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (iii) Museums include but are not limited to the following institutions: 2 (aa) Museums relating to art, history, including historic buildings, natural 3 history, science, and technology. 4 (bb) Aquariums and zoological parks. 5 (cc) Botanical gardens and arboretums. 6 (dd) Nature centers. 7 (ee) Planetariums. 8 (iv) For purposes of the sales and use taxes of all tax authorities in the state, 9 the term "places of amusement" as used herein shall not include camp and retreat 10 facilities owned and operated by nonprofit organizations exempt from federal income 11 tax under Section 501(a) of the Internal Revenue Code as an organization described 12 in Section 501(c)(3) of the Internal Revenue Code provided that the net revenue 13 derived from the organization's property is devoted wholly to the nonprofit 14 organization's purposes. 15 (c) The furnishing of storage or parking privileges by auto hotels and parking 16 lots. 17 (d) The furnishing of printing or overprinting, lithographic, multilith, blue 18 printing, photostating or other similar services of reproducing written or graphic 19 matter. 20 (e) The furnishing of laundry, cleaning, pressing and dyeing services, 21 including by way of extension and not of limitation, the cleaning and renovation of 22 clothing, furs, furniture, carpets and rugs, and the furnishing of storage space for 23 clothing, furs, and rugs. The service shall be taxable at the location where the 24 laundered, cleaned, pressed, or dyed article is returned to the customer. 25 (f) The furnishing of cold storage space, except that space which is furnished 26 pursuant to a bailment arrangement, and the furnishing of the service of preparing 27 tangible personal property for cold storage where such service is incidental to the 28 operation of storage facilities. Page 37 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (g)(i)(aa) The furnishing of repairs to tangible personal property, including 2 but not restricted to the repair and servicing of automobiles and other vehicles, 3 electrical and mechanical appliances and equipment, watches, jewelry, refrigerators, 4 radios, shoes, and office appliances and equipment. 5 (bb)(I) For purposes of the sales and use tax levied by the state and by tax 6 authorities in East Feliciana Parish, charges for the furnishing of repairs to tangible 7 personal property shall be excluded from sales of services, as defined in this 8 Subparagraph, when the repaired property is (1) delivered to a common carrier or to 9 the United States Post Office for transportation outside the state, or (2) delivered 10 outside the state by use of the repair dealer's own vehicle or by use of an independent 11 trucker. However, as to aircraft, delivery may be by the best available means. This 12 exclusion shall not apply to sales and use taxes levied by any other parish, 13 municipality or school board. However, any other parish, municipality or school 14 board may apply the exclusion as defined in this Subparagraph to sales or use taxes 15 levied by any such parish, municipality, or school board. Offshore areas shall not 16 be considered another state for the purpose of this Subparagraph. 17 (II) For purposes of the sales and use tax levied by the tax authorities in 18 Calcasieu Parish, charges for the furnishing of repairs to aircraft shall be excluded 19 from sales of services, as defined in this Subparagraph, provided that the repairs are 20 performed at an airport with a runway that is at least ten thousand feet long, one 21 hundred sixty feet wide, and fourteen inches thick. 22 (ii) For the purposes of this Subparagraph, tangible personal property shall 23 include machinery, appliances, and equipment which have been declared immovable 24 by declaration under the provisions of Article 467 of the Louisiana Civil Code, and 25 things which have been separated from land, buildings, or other constructions 26 permanently attached to the ground or their component parts as defined in Article 27 466 of the Civil Code. 28 (iii)(aa) For purposes of the sales and use taxes imposed by the state or any 29 of its political subdivisions any local political subdivision, sale of services shall not Page 38 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 include the labor, or sale of materials, services, and supplies, used for the repairing, 2 renovating, or converting of any drilling rig, or machinery and equipment which are 3 component parts thereof, which is used exclusively for the exploration or 4 development of minerals outside the territorial limits of the state in Outer 5 Continental Shelf waters. 6 (bb) For the purposes of this Subitem, "drilling rig" means any unit or 7 structure, along with its component parts, which is used primarily for drilling, 8 workover, intervention or remediation of wells used for exploration or development 9 of minerals and "component parts" means any machinery or equipment necessary for 10 a drilling rig to perform its exclusive function of exploration or development of 11 minerals. 12 (h) The term "sale of service" shall not include an action performed pursuant 13 to a contract with the United States Department of the Navy for construction or 14 overhaul of U.S. Naval vessels. 15 (i) Solely for purposes of the sales and use tax levied by the state, the 16 furnishing of telecommunications services for compensation, in accordance with the 17 provisions of R.S. 47:301.1. Local political subdivisions are prohibited from levying 18 a sales and use tax on telecommunications services not in effect on July 1, 1990, 19 provided, however, that the provisions of this Subparagraph shall not be construed 20 to prohibit the levy or collection of any franchise, excise, gross receipts, or similar 21 tax or assessment by any political subdivision of the state as defined in Article VI, 22 Section 44(2) of the Constitution of Louisiana. 23 (j) Notwithstanding any provision of law to the contrary, for purposes of 24 sales or use taxation by the state or any local political subdivision, the term "sales of 25 services" shall not mean or include any funeral directing services as defined in 26 Subparagraph (10)(s) of this Section. Subject to approval by the House Committee 27 on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs, the 28 state Department of Revenue shall devise a formula for the calculation of the tax. Page 39 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (k) For purposes of sales and use tax imposed by the state, any political 2 subdivision whose boundaries are coterminous with those of the state, or any other 3 local political subdivision, the term "sales of services" shall not mean or include 4 admission charges for, outside gate admissions to, or parking fees associated with 5 an event providing Louisiana heritage, culture, crafts, art, food, and music which is 6 sponsored by a domestic nonprofit organization that is exempt from tax under 7 Section 501(c)(3) of the Internal Revenue Code. The provisions of this 8 Subparagraph shall apply only to an event which transpires over a minimum of seven 9 but not more than twelve days and has a five-year annual average attendance of at 10 least three hundred thousand over the duration of the event. For purposes of 11 determining the five-year annual average attendance, the calculation shall include the 12 total annual attendance for each of the five most recent years. The provisions of this 13 Subparagraph shall apply only to admission charges for, outside gate admissions to, 14 or parking fees associated with an event when the charges and fees are payable to or 15 for the benefit of the sponsor of the event. 16 (15) "Storage" means and includes any keeping or retention in the taxing 17 jurisdiction of tangible personal property for use or consumption within the taxing 18 jurisdiction or for any purpose other than for sale at retail in the regular course of 19 business. 20 (16)(a) "Tangible personal property" means and includes personal property 21 which may be seen, weighed, measured, felt or touched, or is in any other manner 22 perceptible to the senses. 23 (b) The term "tangible personal property" shall not include: 24 (i) Stocks, bonds, notes, or other obligations or securities. 25 (ii) Gold Solely for purposes of sales and use tax levied by any local political 26 subdivision, gold, silver, or numismatic coins, or platinum, gold, or silver bullion. 27 (iii) Proprietary geophysical survey information or geophysical data analysis 28 furnished under a restricted use agreement even though transferred in the form of 29 tangible personal property. Page 40 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (c) The term "tangible personal property" shall not include the repair of a 2 vehicle by a licensed motor vehicle dealer which is performed subsequent to the 3 lapse of the applicable warranty on that vehicle and at no charge to the owner of the 4 vehicle. For the purpose of assessing a sales and use tax on this transaction, no 5 valuation shall be assigned to the services performed or the parts used in the repair. 6 (d)(i) Notwithstanding any provision of law to the contrary and solely for 7 purposes of state sales and use tax, any sale of a prepaid calling service or prepaid 8 wireless calling service, or both, shall be deemed to be the sale of tangible personal 9 property. 10 (ii) Prepaid calling services and prepaid wireless calling services shall be 11 subject to the tax imposed by this Chapter if the sale takes place in this state. If the 12 customer physically purchases a prepaid calling service or prepaid wireless calling 13 service at the vendor's place of business, the sale is deemed to take place at the 14 vendor's place of business. If the customer does not physically purchase the service 15 at the vendor's place of business, the sale of a prepaid calling service or prepaid 16 wireless calling service is deemed to take place at the first of the following locations 17 that applies to the sale: 18 (aa) The customer's shipping address, if the sale involves a shipment. 19 (bb) The customer's billing address. 20 (cc) Any other address of the customer that is known by the vendor. 21 (dd) The address of the vendor or, alternatively in the case of a prepaid 22 wireless calling service, the location associated with the mobile telephone number. 23 (e) The term "tangible personal property" shall not include work products 24 which are written on paper, stored on magnetic or optical media, or transmitted by 25 electronic device, when such work products are created in the normal course of 26 business by any person licensed or regulated by the provisions of Title 37 of the 27 Louisiana Revised Statutes of 1950, unless such work products are duplicated 28 without modification for sale to multiple purchasers. This exclusion shall not apply Page 41 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 to work products which consist of the creation, modification, updating, or licensing 2 of computer software. 3 (f) The term "tangible personal property" shall not include pharmaceuticals 4 administered to livestock used for agricultural purposes, except as otherwise 5 provided in this Subparagraph. Only pharmaceuticals not included in the term 6 "tangible personal property" shall be registered with the Louisiana Department of 7 Agriculture and Forestry. Legend drugs administered to livestock used for 8 agricultural purposes are not required to be registered, but such legend drugs that are 9 not registered shall be "tangible personal property". 10 (g)(i) Notwithstanding the provisions of R.S. 9:1149.1 et seq., except as 11 otherwise provided in this Subparagraph, the term "tangible personal property" shall 12 not include factory built homes. 13 (ii) For purposes of this Subparagraph, "factory built home" means a 14 residential structure which is built in a factory in one or more sections and has a 15 chassis or integrated wheel delivery system, which is either: 16 (aa) A structure built to federal construction standards as defined in Section 17 5402 of Title 42 of the United States Code. 18 (bb) A residential structure built to the Louisiana State Uniform Construction 19 Code. 20 (cc) A manufactured home, modular home, mobile home, or residential 21 mobile home with or without a permanent foundation, which includes plumbing, 22 heating, and electrical systems. 23 (iii) "Factory built home" shall not include any self-propelled recreational 24 vehicle or travel trailer. 25 (iv) The term "tangible personal property" as applied to sales and use taxes 26 levied by the state or any other taxing authority in the state shall include a new 27 factory built home, for the initial sale from a dealer to a consumer, but only to the 28 extent that forty-six percent of the retail sales price shall be so considered as Page 42 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 "tangible personal property". Thereafter, each subsequent resale of a factory built 2 home shall not be considered as "tangible personal property". 3 (v) The sales and use taxes due on these transactions shall be paid to the 4 Louisiana Department of Public Safety and Corrections, office of motor vehicles, by 5 the twentieth day of the month following the month of delivery of the factory built 6 home to the consumer, along with any other information requested by the office of 7 motor vehicles. 8 (h)(i) Solely for purposes of the imposition of the sales and use tax levied by 9 the state or any political subdivision whose boundaries are coterminous with those 10 of the state, for the period beginning July 1, 2002, and ending on June 30, 2003, the 11 term "tangible personal property" shall not include one-quarter of the cost price of 12 custom computer software. 13 (ii) Solely for purposes of the imposition of the sales and use tax levied by 14 the state or any political subdivision whose boundaries are coterminous with those 15 of the state, for the period beginning July 1, 2003, and ending on June 30, 2004, the 16 term "tangible personal property" shall not include one-half of the cost price of 17 custom computer software. 18 (iii) Solely for purposes of the imposition of the sales and use tax levied by 19 the state or any political subdivision whose boundaries are coterminous with those 20 of the state, for the period beginning July 1, 2004, and ending on June 30, 2005, the 21 term "tangible personal property" shall not include three-quarters of the cost price 22 of custom computer software. 23 (iv) Solely for purposes of the imposition of the sales and use tax levied by 24 the state or any political subdivision whose boundaries are coterminous with those 25 of the state, for all taxable periods beginning on or after July 1, 2005, the term 26 "tangible personal property" shall not include custom computer software. 27 (i) Solely for purposes of the imposition of the state sales and use tax, the 28 term "tangible personal property" shall not include digital television conversion 29 equipment and digital radio conversion equipment as defined in this Section. Page 43 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (i) "Digital television conversion equipment" shall include the following: 2 (aa) DTV transmitter and RF system. 3 (bb) Transmission line. 4 (cc) DTV antenna. 5 (dd) Tower. 6 (ee) Existing tower structural upgrade. 7 (ff) Advanced TV receiver (STL receiver). 8 (gg) Decoder (digital to analog converter for NTSC). 9 (hh) DTV transmission system test and monitoring. 10 (ii) Digital video/audio master control switcher. 11 (jj) Analog to digital conversion. 12 (kk) High definition up-converters. 13 (ll) High definition bypass switcher. 14 (mm) Down converters for standard definition. 15 (nn) Advanced TV transmitter (STL transmitter). 16 (oo) Advanced TV signal encoder. 17 (pp) DTV transmission monitoring. 18 (qq) High definition digital video switcher and DVE. 19 (rr) High definition studio cameras. 20 (ss) High definition graphics/graphic generator. 21 (tt) High definition video monitoring. 22 (uu) Conversion gear. 23 (vv) High definition recorder/players, including tape, disk, etc. 24 (ww) High definition video/audio signal router. 25 (xx) High definition video/audio media server. 26 (yy) MPEG or HDTV digital receivers for program content. 27 (zz) High definition recorder/players, including tape, disk, etc. 28 (aaa) High definition video/audio media server and workstations. 29 (bbb) Digital EAS encoder/decoder. Page 44 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (ccc) High definition camcorder, including tape, disk, etc. 2 (ddd) Advanced TV transmitters, including microwave. 3 (ii) "Digital radio conversion equipment" shall include the following: 4 (aa) IBOC transmitter. 5 (bb) IBOC main channel and IBOC combiner. 6 (cc) IBOC compatible antenna. 7 (dd) Tower. 8 (ee) IBOC coaxial bypass switcher. 9 (ff) Digital STL. 10 (gg) STL heliax transmission line. 11 (hh) STL antenna. 12 (ii) Digital console. 13 (jj) EAS insertion. 14 (kk) AES EBU conversion equipment. 15 (ll) IBOL transmission testing and monitoring equipment. 16 (mm) Digital processor. 17 (iii) The exclusion from state sales and use tax authorized by this 18 Subparagraph shall only apply to the first purchase of each enumerated item by an 19 individual taxpayer who holds a Federal Communications Commission license 20 issued pursuant to 47 CFR Part 73. Individual taxpayers operating under several 21 broadcaster licenses shall be allowed one purchase of each enumerated item per 22 license. Each subsequent purchase of any of the enumerated items by the same 23 taxpayer or license holder shall be subject to sales and use tax. 24 (iv) Repealed by Acts 2005, No. 243, ยง1, eff. June 29, 2005. 25 (v) Any eligible taxpayer who has purchased any item enumerated in Item 26 (i) or (ii) of this Subparagraph subsequent to January 1, 1999, but prior to the 27 effective date of this Act, shall be entitled to a credit against the state sales and use 28 tax due in any year for an amount equal to state sales and use tax paid on the 29 purchase of the item. Page 45 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (vi) Local taxing authorities are hereby authorized to provide an exemption 2 from any local sales and use tax liability to any taxpayers holding a Federal 3 Communications Commission license issued pursuant to 47 CFR Part 73 which has 4 purchased any of the equipment listed in Item (i) or (ii) of this Subparagraph. Local 5 taxing authorities are further authorized to provide a credit against any tax liability 6 for the amount of local sales tax paid by taxpayers holding Federal Communications 7 Commission licenses issued pursuant to 47 CFR Part 73 on any equipment listed in 8 Item (i) or (ii) of the Subparagraph purchased subsequent to January 1, 1999, but 9 prior to June 25, 2002. 10 (vii) No exclusion from state sales and use tax as authorized in this 11 Subsection shall be allowed after the Federal Communications Commission has 12 issued an order mandating license holders, issued pursuant to 47 CFR Part 73, to 13 discontinue broadcasting their analog signal. 14 (viii) The Department of Revenue shall adopt rules and regulations necessary 15 for the implementation of this Act no later than August 1, 2002. 16 (j) The term "tangible personal property", for purposes of the payment of 17 sales and use taxes levied by all tax authorities in the state, shall not include 18 materials used directly in the collection, separation, treatment, testing, and storage 19 of blood by nonprofit blood banks and nonprofit blood collection centers. 20 (k)(j) The term "tangible personal property" for purposes of the sales and use 21 taxes imposed by all tax authorities in this state shall not include apheresis kits and 22 leuko reduction filters used by nonprofit blood banks and nonprofit blood collection 23 centers. 24 (l)(k) For purposes of the sales and use tax imposed by the state of 25 Louisiana, by a political subdivision whose boundaries are coterminous with those 26 of the state, or by all political subdivisions of the state and without regard to the 27 nature of the ownership of the ground, tangible personal property shall not include 28 other constructions permanently attached to the ground which shall be treated as 29 immovable property. Page 46 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (m)(i)(l)(i) Notwithstanding any other provision of law to the contrary, for 2 purposes of the sales and use tax levied by the state or any political subdivision 3 whose boundaries are coterminous with those of the state, the term "tangible personal 4 property" shall not include machinery and equipment used by a motor vehicle 5 manufacturer with a North American Industry Classification System (NAICS) Code 6 beginning with 3361, or by a glass container manufacturer with a NAICS Code of 7 327213. This exclusion shall be subject to the definitions and requirements of Item 8 (3)(i)(ii) of this Section. 9 (ii) A political subdivision may provide for a sales and use tax exemption for 10 the sales, cost, or lease or rental price of manufacturing machinery and equipment 11 used by a motor vehicle manufacturer with a North American Industry Classification 12 System (NAICS) Code beginning with 3361, or by a glass container manufacturer 13 with a NAICS Code of 327213 as provided for in this Section, either effective upon 14 adoption or enactment or phased in over a period of time, or effective for a certain 15 period of time or duration, all as set forth in the instrument, resolution, vote, or other 16 affirmative action providing the exemption. This exclusion shall be subject to the 17 definitions and requirements of Item (3)(i)(ii) of this Section. 18 (iii)(ii) Notwithstanding any other provision of this Section, tooling in a 19 compression mold process shall be considered manufacturing machinery and 20 equipment for purposes of this Section. 21 (n)(i) (m)(i) For purposes of the imposition of the sales and use tax levied 22 by the state, the term "tangible personal property" shall not include machinery and 23 equipment purchased by the owner of a radio station located within the state that is 24 licensed by the Federal Communications Commission for radio broadcasting, if the 25 owner is either of the following: 26 (aa) An individual domiciled in the state who owns a business with 27 substantially all of its assets located in the state and substantially all of its payroll 28 paid in the state. Page 47 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (bb) A business entity with substantially all of its assets located in the state 2 and substantially all of its payroll paid in the state; provided that the business entity 3 is not owned or controlled or is otherwise an affiliate of a multi-state business entity 4 and is not owned or controlled by an individual who is not domiciled in the state. 5 (ii) "Radio broadcasting" means the sound transmission made via 6 electromagnetic waves for direct sound reception by the general public. 7 (o)(i) (n)(i) For purposes of the imposition of the sales and use tax levied by 8 the state and any political subdivision whose boundaries are coterminous with those 9 of the state, the term "tangible personal property" shall not include machinery and 10 equipment as defined in and subject to the requirements of R.S. 47:301(3)(i)(ii) 11 which is purchased by a utility regulated by the Public Service Commission or the 12 council of the City of New Orleans. For the purposes of this Paragraph, the term 13 "utility" shall mean a person regulated by the Public Service Commission or the 14 council of the City of New Orleans who is assigned a North American Industrial 15 Classification System Code 22111, Electric Power Generation, as it existed in 2002. 16 Such utility shall also be considered a "manufacturer" for purposes of R.S. 17 47:301(3)(i)(ii). 18 (ii) For purposes of this Subparagraph, a political subdivision whose 19 boundaries are not coterminous with those of the state may provide for a sales and 20 use tax exclusion for machinery and equipment as defined in and subject to the 21 requirements of R.S. 47:301(3)(i)(ii) which is purchased by a utility regulated by the 22 Public Service Commission or the council of the city of New Orleans. 23 (p)(o) For purposes of sales and use taxes imposed by the state or any of its 24 political subdivisions any local political subdivision, the term "tangible personal 25 property" shall not include newspapers. 26 (q)(p) For purposes of sales and use taxes imposed by the state, any 27 statewide taxing authority, or any political subdivision, the term "tangible personal 28 property" shall not include any property that would have been considered immovable Page 48 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 property prior to the enactment on July 1, 2008, of Act No. 632 of the 2008 Regular 2 Session of the Legislature. 3 (17) "Off-road vehicle" is any vehicle manufactured for off-road use which 4 is issued a manufacturer's statement of origin that cannot be issued a registration 5 certificate and license to operate on the public roads of this state because at the time 6 of manufacture the vehicle does not meet the safety requirements prescribed by R.S. 7 32:1301 through 1310. This includes vehicles that are issued a title only by the 8 Department of Public Safety and Corrections, public safety services, such as all 9 terrain vehicles and recreational and sport vehicles, but it shall not include off-road 10 vehicles used for farm purposes, farm equipment, or heavy construction equipment. 11 (18) 12 * * * 13 (d) 14 * * * 15 (ii) Except as provided in Item (iii) of this Subparagraph for refinery gas, for 16 purposes of state and any local political subdivision use tax, "use" shall not include 17 the storage, consumption, or the exercise of any other right of ownership over 18 tangible personal property which is created or derived as a residue or byproduct of 19 such processing. Such residue or byproduct shall include but shall not be limited to 20 catalyst cracker coke derived from crude oil, wood chips, bark, and liquor derived 21 from the processing of sawlogs or pulpwood timber, or bagasse derived from 22 sugarcane. 23 * * * 24 (h) For purposes of sales and use taxes levied by the state or any local 25 political subdivision of the state, the term "use" shall not include the exercise of any 26 right of ownership in or the distribution of telephone directories acquired by an 27 advertising company that is not affiliated with a provider of telephone services if the 28 telephone directories will be distributed free of charge to the recipients of the 29 telephone directories. Page 49 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (i) For purposes of the imposition of sales and use taxes imposed or levied 2 by all taxing authorities in the state by any local political subdivision, in the case of 3 the sale or any other disposition by a dealer of any cellular, PCS, or wireless 4 telephone, any electronic accessories that are physically connected with such 5 telephones and personal communications devices used in connection with the sale 6 or use of mobile telecommunications services, as defined in R.S. 47:301(10)(v), the 7 term "use" shall not include the withdrawal, use, distribution, consumption, storage, 8 donation, or any other disposition of any such cellular, PCS, or wireless telephone, 9 any electronic accessories that are physically connected with such telephones and 10 personal communications devices by the dealer. 11 (j) For purposes of the imposition of sales and use taxes imposed or levied 12 by any political subdivision of the state, in the case of the sale or any other 13 disposition by a dealer of any cellular telephone, PCS telephone, wireless telephone, 14 or other wireless personal communication device that is used in connection with the 15 sale or use of mobile telecommunications services, as defined in R.S. 47:301(10)(w), 16 or any electronic accessory that is physically connected with any such telephone or 17 personal communications device, the term "use" shall not include the withdrawal, 18 use, distribution, consumption, storage, donation, or any other disposition of any 19 such telephone or electronic accessory by the dealer. 20 (k) Solely for purposes of the sales and use tax levied by the state or any 21 political subdivision whose boundaries are coterminous with those of the state, the 22 term "use" shall not include the purchase, the use, the consumption, the distribution, 23 the storage for use or consumption, or the exercise of any right or power over 24 manufacturing machinery and equipment used or consumed in this state to 25 manufacture, produce or extract unblended biodiesel. 26 (l) Solely for the purposes of sales and use taxes levied by the state or any 27 political subdivision whose boundaries are coterminous with those of the state, the 28 term "use" shall not include the use, the consumption, the distribution, the storage 29 for use or consumption in this state, or the exercise of any right or power over an Page 50 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 alternative substance as that term is defined in Subparagraph (10)(z) of this Section 2 when such alternative substance is used as a fuel by a manufacturer. "Manufacturer" 3 means a person whose principal activity is manufacturing and who is assigned by the 4 Louisiana Workforce Commission a North American Industrial Classification 5 System code with the agricultural, forestry, fishing, and hunting Sector 11 or the 6 manufacturing Sectors 31-33 as they existed in 2002. 7 * * * 8 (o) Solely for purposes of the imposition of the state sales and use tax, the 9 term "use" shall not include the purchase or use of any storm shutter device as 10 defined and provided for in Subparagraph (10)(ee) of this Section. 11 * * * 12 ยง302. Imposition of tax 13 A. There is hereby levied a tax upon the sale at retail, the use, the 14 consumption, the distribution, and the storage for use or consumption in this state, 15 of each item or article of tangible personal property, as defined herein, the levy of 16 said tax to be as follows: 17 (1) At Until April 1, 2016, the rate of two per centum (2%) of the sales price 18 of each item or article of tangible personal property when sold at retail in this state; 19 the tax to be computed on gross sales for the purpose of remitting the amount of tax 20 due the state, and to include each and every retail sale. Beginning April 1, 2016, the 21 tax rate shall be two and one-half percent (2.5%). 22 (2) At Until April 1, 2016, the rate of two per centum (2%) of the cost price 23 of each item or article of tangible personal property when the same is not sold but 24 is used, consumed, distributed, or stored for use or consumption in this state; 25 provided there shall be no duplication of the tax. Beginning April 1, 2016, the tax 26 rate shall be two and one-half percent (2.5%). 27 B. There is hereby levied a tax upon the lease or rental within this state of 28 each item or article of tangible personal property, as defined herein; the levy of said 29 tax to be as follows: Page 51 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (1) At Until April 1, 2016, the rate of two per centum (2%) of the gross 2 proceeds derived from the lease or rental of tangible personal property, as defined 3 herein, where the lease or rental of such property is an established business, or part 4 of an established business, or the same is incidental or germane to the said business. 5 Beginning April 1, 2016, the tax rate shall be two and one-half percent (2.5%). 6 (2) At Until April 1, 2016, the rate of two per centum (2%) of the monthly 7 lease or rental price paid by lessee or rentee, or contracted or agreed to be paid by 8 lessee or rentee to the owner of the tangible personal property. Beginning April 1, 9 2016, the tax rate shall be two and one-half percent (2.5%). 10 C.(1) There Until April 1, 2016, there is hereby levied a tax upon all sales 11 of services, as herein defined, in this state, at the rate of two percent of the amounts 12 paid or charged for such services. Beginning April 1, 2016, the tax rate shall be two 13 and one-half percent (2.5%). 14 * * * 15 V. Notwithstanding any other provision of law to the contrary, including but 16 not limited to any contrary provisions of this Chapter, there shall be no exemptions 17 or exclusions as defined in R.S. 47:301, et seq. to the tax levied pursuant to the 18 provisions of this Section, except for the sales or purchases of the following items: 19 (1) Food for home consumption, as defined in R.S. 47:305(D)(1)(n) through 20 (r) on January 1, 2003, as provided in Article VII, Section 2.2 of the Constitution of 21 Louisiana. 22 (2) Natural gas as provided in Article VII, Section 2.2 of the Constitution of 23 Louisiana. 24 (3) Electricity as provided in Article VII, Section 2.2 of the Constitution of 25 Louisiana. 26 (4) Water as provided in Article VII, Section 2.2 of the Constitution of 27 Louisiana. Page 52 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (5) Prescription drugs as provided in Article VII, Section 2.2 of the 2 Constitution of Louisiana and R.S. 47:305(D)(1)(j), (4)(b), (5)(b) and (c)(i), and 3 305.2. 4 (6) Fuel that is subject to the road-use excise tax as provided in Article VII, 5 Section 27 of the Constitution of Louisiana. 6 (7) Purchases by a public trust as provided in law. 7 (8) Sales by state owned domed stadiums and baseball stadiums as provided 8 in R.S. 39:467. 9 (9) Sales by publicly owned facilities as provided in R.S. 39:468. 10 (10) Isolated or occasional sales of tangible personal property as provided 11 in R.S. 47:301(1) and (10)(c)(ii)(bb). 12 (11) Installation charges on tangible personal property as provided in R.S. 13 47:301(3)(a). 14 (12) Installation on oil field board roads as provided in R.S. 47:301(3)(c). 15 (13) Transaction involving the construction or overhaul of United States 16 Navy vessels as provided in R.S. 47:301(7)(c) and (14)(h). 17 (14) Manufacturers rebates on new motor vehicles as provided in R.S. 18 47:301(3)(i). 19 (15) Lease or rentals of railroad rolling stock as provided in R.S. 20 47:301(4)(k). 21 (16) Purchases and leases by free hospitals as provided in R.S. 47:301(7), 22 (10)(r), and (18)(f). 23 (17) Certain educational materials and equipment used for classroom 24 instruction as provided in R.S. 47:301(7)(f), (10)(q), and (18)(e). 25 (18) Purchases by regionally accredited independent education institutions 26 as provided in R.S. 47:301(8)(b). 27 (19) Purchases by nonprofit entities that sell donated goods as provided in 28 R.S. 47:301(8)(f). Page 53 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (20) Tangible personal property for resale as provided in R.S. 2 47:301(10(a)(i). 3 (21) Purchase of property for lease or rental as provided in R.S. 4 47:301(10)(a)(iii) and (18)(a)(iii). 5 (22) Sales through coin-operated vending machines as provided in R.S. 6 47:301(10)(b)(i). 7 (23) Sales of materials for further processing into articles of tangible 8 personal property for sale at retail as provided in R.S. 47:301(10(c)(i)(aa). 9 (24) Sales of human tissue transplants as provided in R.S. 47:301(10)(d). 10 (25) Sales of raw agricultural products as provided in R.S. 47:301(10)(e) and 11 305(A)(3). 12 (26) Sales to the United States government and its agencies as provided in 13 R.S. 47:301(10)(g). 14 (27) Sales of food by youth serving organizations chartered by Congress as 15 provided in R.S. 47:301(10)(h). 16 (28) Purchases by a private postsecondary academic degree-granting 17 institution as provided in R.S. 47:301(10(cc) and as provided in R.S. 47:301(18)(n). 18 (29) Tangible personal property sold to food banks as provided in R.S. 19 47:301(10)(j). 20 (30) Purchases of food items for school lunch or breakfast programs by 21 nonpublic elementary or secondary schools as provided in R.S. 47:301(10)(dd). 22 (31) Articles traded in on purchases of tangible personal property as 23 provided in R.S. 47:301(13)(a). 24 (32) Repair services performed in Louisiana when the repaired property is 25 exported as provided in R.S. 47:301(14)(g)(i)(bb). 26 (33) Funeral directing services as provided in R.S. 47:301(14)(j). 27 (34) Stocks, bonds, notes, or other obligations or securities as provided in 28 R.S. 47:301(16)(b)(ii). Page 54 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (35) Work product of certain professionals as provided in R.S. 2 47:301(16)(e). 3 (36) Pharmaceuticals administered to livestock for agricultural purposes as 4 provided in R.S. 47:301(16)(f). 5 (37) Other constructions permanently attached to the ground as provided in 6 R.S. 47:301(16)(l). 7 (38) Materials used in the collection of blood as provided in R.S. 8 47:301(16)(j). 9 (39) Aphaeresis kits and leuko reduction filters as provided in R.S. 10 47:301(16)(k). 11 (40) Donation to schools and food banks from resale inventory as provided 12 in R.S. 47:301(18)(a). 13 (41) Use of motor vehicles in Louisiana by active duty military as provided 14 in R.S. 47:303(A) and 305.48. 15 (42) Credit for sales and use taxes paid to other states on tangible personal 16 property imported in Louisiana as provided in R.S. 47:303(A)(3)(a). 17 (43) Gross proceeds derived from the sale of livestock, poultry, and other 18 farm products direct from the farm as provided in R.S. 47:305(A)(1). 19 (44) Feed and feed additives for animals held for business purposes as 20 provided in R.S. 47:305(A)(4). 21 (45) Materials used in the harvesting or production of crawfish as provided 22 in R.S. 47:305(A)(5). 23 (46) Materials used in the harvesting or production of catfish as provided in 24 R.S. 47:305(A)(6). 25 (47) Farm products produced and used by farmers as provided in R.S. 26 47:305(B). 27 (48) Sales of fertilizers and containers to farmers as provided in R.S. 28 47:305(D)(1)(f). 29 (49) Sales of seeds for planting crops as provided in R.S. 47:305.5. Page 55 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (50) Sales of pesticides for agricultural purposes as provided in R.S. 2 47:305.8. 3 (51) Property purchased for exclusive use outside the state as provided in 4 R.S. 47:305.10. 5 (52) Certain farm equipment as provided in R.S. 47:305.25. 6 (53) Diesel fuel, butane, propane, or other liquefied petroleum gases used for 7 farm purposes as provided in R.S. 47:305.37. 8 (54) Purchases made with food stamps and WIC as provided in R.S. 9 47:305.46. 10 (55) Pharmaceutical samples distributed in Louisiana as provided in R.S. 11 47:305.47. 12 (56) Commercial farm irrigation equipment as provided in R.S. 47:305.63. 13 (57) Purchases and leases of durable medical equipment under the provisions 14 of Medicare as provided in R.S. 47:315.3. 15 * * * 16 ยง305. Exclusions and exemptions from the tax 17 A. 18 * * * 19 (2) The gross proceeds derived from the sale in this state of livestock at 20 public sales sponsored by breeders' or registry associations or livestock auction 21 markets are exempted from the sales and use tax levied by the state only. When 22 public sales of livestock are made to consumers by any person other than through a 23 public sale sponsored by a breeders' or registry association or a livestock auction 24 market, they are not exempted from the sales and use tax imposed by the state. This 25 Solely for purposes of sales and use taxes levied by a local political subdivision, this 26 Section shall be construed as exempting race horses entered in races and claimed at 27 any racing meet held in Louisiana, whether the horse claimed was owned by the 28 original breeder or not. 29 * * * Page 56 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 C. For purposes of the sales and use tax of all taxing authorities local 2 political subdivisions, where a part of the cost price of a motor vehicle is represented 3 by a motor vehicle returned to the dealer's inventory, the use tax is payable on the 4 total cost price less the wholesale value of the article returned. 5 D.(1) The sale at retail, the use, the consumption, the distribution, and the 6 storage to be used or consumed in the taxing jurisdiction of the following tangible 7 personal property is hereby specifically exempted from the tax imposed by taxing 8 authorities, except as otherwise provided in this Paragraph: 9 * * * 10 (b) Steam, solely for purposes of sales and use taxes levied by a political 11 subdivision. 12 (c) Water (not including excluding mineral water or carbonated water or any 13 water put in bottles, jugs, or containers, all of which are not exempted) as provided 14 in Article VII, Section 2.2 of the Constitution of Louisiana. 15 (d) Electric power or energy and any materials or energy sources used to fuel 16 the generation of electric power for resale or used by an industrial manufacturing 17 plant for self-consumption or cogeneration, solely for purposes of sales and use taxes 18 levied by a political subdivision. 19 * * * 20 (g) Natural gas as provided in Article VII, Section 2.2 of the Constitution of 21 Louisiana. 22 (h) All energy sources when used for boiler fuel except refinery gas, solely 23 for purposes of sales and use taxes levied by a political subdivision. 24 (i) New Solely for purposes of sales and use tax imposed by a political 25 subdivision, new trucks, new automobiles, new aircraft, and new boats, vessels, or 26 other water craft withdrawn from stock by factory authorized new truck, new 27 automobile, new aircraft dealers, and factory-authorized dealers of new boats, 28 vessels, or other water craft, and used trucks and used automobiles withdrawn from Page 57 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 stock by new or used motor vehicle dealers, which are withdrawn for use as 2 demonstrators. 3 * * * 4 F. The sales, use and lease taxes imposed by taxing authorities a local 5 political subdivision shall not apply to the amounts paid by radio and television 6 broadcasters for the right to exhibit or broadcast copyrighted material and the use of 7 film, video or audio tapes, records or any other means supplied by licensors thereof 8 in connection with such exhibition or broadcast and the sales and use tax shall not 9 * * * 10 H. "Demonstrators" as used in Subsection D of this Section for purposes of 11 the sales and use tax levied by all taxing authorities a local political subdivision shall 12 mean all of the following: 13 * * * 14 I. The sales and use taxes imposed by the state of Louisiana or any of its 15 political subdivisions any political subdivision not apply to the labor, or sale of 16 materials, services, and supplies, used for repairing, renovating or converting of any 17 drilling rig, or machinery and equipment which are component parts thereof, which 18 is used exclusively for the exploration or development of minerals outside the 19 territorial limits of the state in Outer Continental Shelf waters. For the purposes of 20 this Subsection, "drilling rig" means any unit or structure, along with its component 21 parts, which is used primarily for drilling, workover, intervention or remediation of 22 wells used for exploration or development of minerals. For purposes of this 23 Subsection, "component parts" means any machinery or equipment necessary for a 24 drilling rig to perform its exclusive function of exploration or development of 25 minerals. 26 .ยง305.1. Exclusions and exemptions; ships and ships' supplies 27 A. The tax imposed by taxing authorities a local political subdivision shall 28 not apply to sales of materials, equipment, and machinery which enter into and 29 become component parts of ships, vessels, or barges, including commercial fishing Page 58 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 vessels, drilling ships, or drilling barges, of fifty tons load displacement and over, 2 built in Louisiana nor to the gross proceeds from the sale of such ships, vessels, or 3 barges when sold by the builder thereof. 4 B. The taxes imposed by taxing authorities a local political subdivision 5 shall not apply to materials and supplies purchased by the owners or operators of 6 ships, barges, or vessels, including drilling ships, operating exclusively in foreign or 7 interstate coastwise commerce, where such materials and supplies are loaded upon 8 any such ship, barge, or vessel for use or consumption in the maintenance and 9 operation thereof; nor to repair services performed upon such ships, barges, or 10 vessels operating exclusively in foreign or interstate coastwise commerce; nor to the 11 materials and supplies used in such repairs where such materials and supplies enter 12 into and become a component part of such ships, barges, or vessels; nor to laundry 13 services performed for the owners or operators of such ships, barges, or vessels 14 operating exclusively in foreign or interstate coastwise commerce, where the 15 laundered articles are to be used in the course of the operation of such ships, barges, 16 or vessels. 17 * * * 18 ยง305.6. Exclusions and exemptions; Little Theater tickets 19 The sales tax imposed by taxing authorities the sales and use tax imposed by 20 a political subdivision shall not apply to the sale of admission tickets by Little 21 Theater organizations. 22 ยง305.7. Exclusions and exemptions; tickets to musical performances of nonprofit 23 musical organizations 24 The sales tax imposed by taxing authorities a political subdivision shall not 25 apply to the sale of admission tickets by domestic nonprofit corporations or by any 26 other domestic nonprofit organization known as a symphony organization or as a 27 society or organization engaged in the presentation of musical performances; 28 provided that this Section shall not apply to performances given by out-of-state or Page 59 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 nonresident symphony companies, nor shall this Section apply to any performance 2 intended to yield a profit to the promoters thereof. 3 * * * 4 ยง305.9. Exclusions and exemptions; motion picture film rental 5 The sales and use taxes imposed by the State of Louisiana or any such taxes 6 imposed by any parish or municipality within the state shall not apply to the amount 7 paid by the operator of a motion picture theatre to a distributing agency for use of 8 films of photoplay. 9 * * * 10 ยง305.13. Exclusions and exemptions; admissions to entertainments furnished by 11 certain domestic nonprofit corporations 12 The sales tax imposed by taxing authorities a political subdivision shall not 13 apply to the sale of admissions to entertainment events furnished by recognized 14 domestic nonprofit charitable, educational and religious organizations when the 15 entire proceeds from such sales, except for necessary expenses connected with the 16 entertainment events, are used for the purposes for which the organizations 17 furnishing the events were organized. 18 ยง305.14. Exclusions and exemptions; nonprofit organizations; nature of exemption; 19 limitations; qualifications; newspapers; determination of tax exempt status 20 A.(1)(a) The sales and use taxes imposed by taxing authorities a political 21 subdivision shall not apply to sales of tangible personal property at, or admission 22 charges for, outside gate admissions to, or parking fees associated with, events 23 sponsored by domestic, civic, educational, historical, charitable, fraternal, or 24 religious organizations, which are nonprofit, when the entire proceeds, except for 25 necessary expenses such as fees paid for guest speakers, chair and table rentals, and 26 food and beverage utility related items connected therewith, are used for educational, 27 charitable, religious, or historical restoration purposes, including the furtherance of 28 the civic, educational, historical, charitable, fraternal, or religious purpose of the 29 organization. In addition, newspapers published in this state by religious Page 60 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 organizations shall also be exempt from such taxes, provided that the price paid for 2 the newspaper or a subscription to the newspaper does not exceed the cost to publish 3 such newspaper. 4 (b) Notwithstanding any other provision of this Section, the sales and use tax 5 imposed by taxing authorities a political subdivision shall not apply to an event 6 sponsored by a domestic nonprofit organization that is exempt from tax under 7 Section 501(c)(3) of the Internal Revenue Code when the event provides Louisiana 8 heritage, culture, crafts, art, food, and music, and the sponsor has contracted for 9 production management and financing services for the event. Such services shall 10 constitute necessary expenses of the sponsor for purposes of the event. The 11 provisions of this Subparagraph shall apply only to the sales of tangible personal 12 property and admission charges for, outside gate admissions to, or parking fees 13 associated with an event when the sales, charges, and fees are payable to or for the 14 benefit of the sponsor of the event. The provisions of this Subparagraph shall apply 15 only to an event which transpires over a minimum of seven but not more than twelve 16 days and has a five-year annual average attendance of at least three hundred 17 thousand over the duration of the event. For purposes of determining the five-year 18 annual average attendance, the calculation shall include the total annual attendance 19 for each of the five most recent years. 20 * * * 21 ยง305.16. Exclusions and exemptions; cable television installation and repair 22 The sales and use taxes imposed by the state or by any political subdivision 23 thereof shall not apply to necessary fees incurred in connection with the installation 24 and service of cable television. Such exemption shall not apply to purchases made 25 by any cable television system, but shall only apply to funds collected from the 26 subscriber for regular service, installation and repairs. Page 61 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 ยง305.17. Exclusions and exemptions; income from coin-operated washing and 2 drying machines in a commercial laundromat 3 State sales taxes imposed by R.S. 47:302 and R.S. 47:321, as well as any 4 sales Sales and use taxes imposed by any parish, municipality, school board, or other 5 political subdivision, within the state, shall not apply to or be imposed upon the 6 income on receipts from any coin-operated washing or drying machine in a 7 commercial laundromat. A commercial laundromat, for purposes of this Section, is 8 defined to be any establishment engaged solely in the business of furnishing washing 9 or drying laundry services by means of coin-operated machines. 10 ยง305.18. Exclusions and exemptions; fairs, festivals, and expositions sponsored by 11 nonprofit organizations; nature of exemption; limitations; qualifications 12 A. The sales and use tax imposed by the state of Louisiana under R.S. 13 47:302(C) and R.S. 47:321 shall not apply to all outside gate admissions to grounds 14 and parking fees at fairs and festivals sponsored by recognized nonprofit 15 organizations chartered under the state of Louisiana. 16 The exemption provided herein shall not apply to any event intended to yield 17 a profit to the promoter or to any individual contracted to provide services or 18 equipment, or both, for the event. 19 This Section shall not be construed to exempt any organization or activity 20 from the payment of sales or use taxes otherwise required by law to be made on 21 purchases made by these organizations. 22 This Section shall not be construed to exempt regular commercial ventures 23 of any type such as bookstores, restaurants, gift shops, commercial flea markets and 24 similar activities that are sponsored by organizations qualifying hereunder which are 25 in competition with retail merchants. 26 B. This sponsorship of any event by any organization applying for an 27 exemption hereunder must be genuine. Sponsorship will not be genuine in any case 28 in which exemption from taxation is a major consideration leading to such 29 sponsorship. Page 62 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 C. An exemption certificate must be obtained from the collector of revenue, 2 under such regulations as he shall prescribe, in order for nonprofit organizations to 3 qualify for the exemption provided in this section. 4 In the event the collector of revenue denies tax exempt status under this 5 Section, the organization may appeal such ruling to the Board of Tax Appeals, which 6 may overrule the collector of revenue and grant tax exempt status if the Board of Tax 7 Appeals determines that the denial of tax exempt status by the collector of revenue 8 was arbitrary, capricious or unreasonable. Provided however, that any organization 9 which endorses any candidate for political office or otherwise is involved in political 10 activities shall not be eligible for the exemption herein provided. 11 D. This exemption applies only to sales and use tax imposed by the state of 12 Louisiana and does not apply to such taxes authorized and levied by any school 13 board, municipality, or other local taxing authority notwithstanding any other 14 provision of law to the contrary, specifically but not exclusively R.S. 27:2716.1. 15 ยง305.19. Exclusions and exemptions; leased vessels used in the production of 16 minerals 17 The taxes imposed by taxing authorities a local political subdivision shall not 18 apply to those vessels which are leased for use offshore beyond the territorial limits 19 of this state for the production of oil, gas, sulphur, and other minerals or for the 20 providing of services to those engaged in such production. 21 ยง305.20. Exclusions and exemptions; Louisiana commercial fishermen 22 A. A Louisiana resident, domiciled in Louisiana, who possesses such valid 23 Louisiana commercial fishing license(s) as may be necessary for commercial fishing 24 ventures, including but not limited to a vessel license issued pursuant to R.S. 56:304, 25 and who is an owner of a vessel operated primarily for the conduct of commercial 26 fishing as a trade or business and which the Louisiana Department of Wildlife and 27 Fisheries determines will be predominantly and principally used for commercial 28 fishing ventures and whose catch is for human consumption shall be exempt from 29 state sales, use, lease, and services taxes as set forth in Subsection C of this Section. Page 63 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 Possession of a commercial fishing license issued by the Department of Wildlife and 2 Fisheries shall not be used as the sole determination that a vessel will be used 3 predominantly and principally for commercial fishing ventures. This exemption 4 shall also apply to facilities which process the catch from owners of commercial 5 fishing vessels for which this exemption is granted when such vessels are owned by, 6 or leased or contracted exclusively to, the seafood processing facility. 7 * * * 8 C. An owner who has obtained a certificate of exemption shall, with respect 9 to the vessel identified in the certificate for the harvesting or production of fish and 10 other aquatic life, including shrimp, oysters, and clams, and certain seafood 11 processing facilities described in Subsection A, be exempt from the taxes imposed 12 by a political subdivision as described in Subsection A, as follows: 13 * * * 14 G.(1) Except as provided for in Paragraph (2) of this Subsection, this 15 exemption applies only to sales and use tax imposed by the state of Louisiana and 16 does not apply to such taxes authorized and levied by any school board, 17 municipality, or other local taxing authority notwithstanding any other provision of 18 law to the contrary, specifically but not exclusively R.S. 47:337.8(B). 19 (2) However, the The governing authority of any parish, school board, 20 municipality, or other local taxing authority may by ordinance or resolution grant the 21 exemption provided for in this Section. In addition, such taxing authority may 22 authorize refunds of any tax paid prior to the effective date of such ordinance or 23 resolution on transactions exempted by this Section. 24 * * * 25 ยง305.26. Exclusions and exemptions; new vehicles furnished by dealers for driver 26 education purposes 27 Solely for purposes of the sales or use tax levied by the state, such tax shall 28 not be due on vehicles furnished by a dealer in new vehicles when withdrawn from 29 inventory and furnished to a secondary school, college, or public school board on a Page 64 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 free loan basis for exclusive use in a driver education program licensed by the 2 Department of Public Safety and Corrections, public safety services. 3 * * * 4 ยง305.28. Exclusions and exemptions; gasohol 5 A. The sales or use taxes imposed by the state of Louisiana or any such taxes 6 imposed by any parish or municipality or other local entity within the state shall not 7 apply to the sale at retail, the use, the consumption, the distribution, and the storage, 8 to be used or consumed in this state, of any motor fuel known as gasohol, containing 9 a blend of at least ten percent alcohol, if the alcohol therein has been produced, 10 fermented, and distilled in Louisiana from agricultural commodities. Alcohol to be 11 used in gasohol must have been rendered unsuitable for human consumption at the 12 time of its manufacture or immediately thereafter. 13 * * * 14 ยง305.33. Exclusions and exemptions; nonprofit retirement centers 15 The sales and use taxes imposed by the state of Louisiana shall not apply to 16 purchases of materials for the construction of and supplies for the operation of any 17 not-for-profit retirement center owned or operated by any public trust authority or 18 duly incorporated not-for-profit corporation. A retirement center for purposes of this 19 Section is defined as any multipurpose facility which houses as a permanent 20 residence senior citizens who are sixty-two years of age or older, which provides 21 housing for the elderly, and which provides intermediate health care. 22 * * * 23 ยง305.39. Exclusions and exemptions; butane, propane, or other liquefied petroleum 24 gases purchased for private residential consumption 25 Solely for purposes of the sales and use taxes levied by the state, such taxes 26 imposed by R.S. 47:302(A), R.S. 47:321(A), and R.S. 47:331(A) shall not apply to 27 direct consumer purchases of butane, propane, or other liquefied petroleum gases for 28 the private residential purposes of cooking and heating. Page 65 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 ยง305.40. Exclusions and exemptions; purchases of Mardi Gras specialty items 2 A. Solely for purposes of the sales and use taxes levied by the state, such 3 sales and use taxes imposed by R.S. 47:302, 321, and 331 shall not apply to the 4 purchases or sales of specialty items for use in connection with Mardi Gras activities 5 by the following organizations: 6 (1) Carnival organizations. 7 (2) Nonprofit organizations domiciled within Louisiana and participating in 8 a parade sponsored by a carnival organization. 9 B.(1) "Specialty items" for the purposes of this Section are defined as those 10 items which are specially designed for the carnival or nonprofit organization and 11 bear the carnival or nonprofit organization's name or insignia, including but not 12 limited to doubloons, necklaces, cups, and coasters. 13 (2) "Carnival organization" for the purposes of this Section is defined as an 14 organization domiciled within Louisiana that plans to sponsor either a Mardi Gras 15 ball or parade during the next* Mardi Gras season. 16 ยง305.41. Exclusions and exemptions; Ducks Unlimited; Bass Life 17 The sales and use tax imposed by the state of Louisiana or any of its local 18 governmental subdivisions or school boards shall not apply to either the sales of 19 Ducks Unlimited or Bass Life or any of their chapters or any rental or purchase of 20 property or services by Ducks Unlimited or Bass Life or any of their chapters. 21 * * * 22 ยง305.42. Exclusions and exemptions; tickets to ballet performances of nonprofit 23 ballet organizations 24 Solely for purposes of the sales and use taxes levied by the state, such sales 25 and use tax imposed by R.S. 47:302(A) and R.S. 47:321(A) shall not apply to the 26 sale of admission tickets by any domestic nonprofit organization engaged in the 27 preparation and presentation of any dance, drama, or any of the performing arts. Page 66 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 ยง305.43. Exclusions and exemptions; nonprofit organizations dedicated to the 2 conservation of fish or migratory waterfowl; nature of exemption; 3 limitations; qualifications 4 A. The sales and use taxes imposed by R.S. 47:302, R.S. 47:321, and R.S. 5 47:331 shall not apply to any sales made by a nonprofit organization dedicated 6 exclusively to the conservation of fish or the migratory waterfowl of the North 7 American Continent and to the preservation and conservation of wetland habitat of 8 such waterfowl, when the entire proceeds, except for the necessary expenses 9 connected therewith, are used in furtherance of the organization's exempt purpose. 10 The exemption provided herein shall not apply to any event intended to yield a profit 11 to the promoter or to any individual contracted to provide services or equipment, or 12 both, for the event. 13 B. Purchases by any organization qualifying hereunder shall be exempt from 14 the payment of any sales or use taxes imposed by the state and its political 15 subdivisions. 16 C. This Section shall not be construed to exempt sales or purchases made in 17 connection with regular commercial ventures of any type such as bookstores, 18 restaurants, gift shops, commercial flea markets, or similar activities that are 19 sponsored by organizations qualifying hereunder which are in competition with retail 20 merchants. 21 D. Sponsorship of any event by any organization applying for an exemption 22 hereunder must be genuine. Sponsorship shall not be genuine in any case in which 23 exemption from taxation is a major consideration leading to such sponsorship. 24 E. An exemption certificate must be obtained from the secretary of the 25 Department of Revenue, under such regulations as he shall prescribe, in order for a 26 nonprofit organization to qualify for the exemption provided in this Section. 27 ยง305.44. Exclusions and exemptions; raw materials used in printing process 28 A. The sales and use taxes imposed by the state under R.S. 47:302, R.S. 29 47:321, and R.S. 47:331 and by any political subdivision shall not apply to purchases Page 67 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 and sales of the following, including all chemical supplies necessary to produce such 2 items whether manufactured by a printer or purchased from a subcontractor: 3 * * * 4 ยง305.45. Exclusions and exemptions; per diem or car hire on freight cars, 5 piggy-back cars, and rolling stock 6 A. The sales, use, and lease tax imposed by the state of Louisiana under the 7 provisions of R.S. 47:302(A) and (B), R.S. 47:321(A) and (B) and R.S. 47:331 a 8 local political subdivision shall not apply to: 9 * * * 10 B. The exemptions from the state sales, use, and lease tax provided in this 11 Section shall be applicable to any sales, use, and lease tax levied by any local 12 government subdivision or school board. 13 * * * 14 ยง305.49. Catalog distribution; exemption 15 Notwithstanding any provision of law to the contrary, no sales or use tax shall 16 be imposed by the state or any political subdivision on the value of catalogs 17 distributed, or intended for distribution in the state, without charge to the recipient. 18 ยง305.50. Exemption; vehicles used in interstate commerce; rail rolling stock; 19 railroad ties 20 A.(1) The sales and use tax imposed by the state of Louisiana or any of its 21 local political subdivisions shall not apply to trucks with a gross weight of twenty-six 22 thousand pounds or more and to trailers if such trucks and trailers are used at least 23 eighty percent of the time in interstate commerce and whose activities are subject to 24 the jurisdiction of the United States Department of Transportation. The 25 determination of whether a truck is used at least eighty percent of the time in 26 interstate commerce shall be based solely on the actual mileage of such truck; 27 however, no truck shall have more than twenty percent Louisiana intrastate miles. 28 (2)(a) The sales and use tax imposed by the state or any of its local political 29 subdivisions shall not apply to the purchase, use, or lease of a qualifying truck or to Page 68 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 the purchase, use, or lease of a qualifying trailer purchased, imported, or leased, with 2 or without a qualifying truck, for use with a qualifying truck. 3 * * * 4 F. The sales and use tax imposed by the state, its statewide taxing authorities, 5 or any of its local political subdivisions shall not apply to the "sales price" or "cost 6 price" of railroad ties that a railroad purchases prior to long-term preservative 7 treatment and installs into the railroad's track system outside the taxing jurisdiction 8 of the respective taxing authority, whether it be the state, a statewide taxing 9 authority, or a political subdivision. 10 ยง305.51. Exemption; utilities used by steelworks and blast furnaces 11 A. The sales and use tax imposed by the state of Louisiana or any of its 12 local political subdivisions shall not apply to sales or purchases of utilities used by 13 steelworks, blast furnaces, coke ovens, or rolling mills with more than one hundred 14 twenty-five full-time employees, which are classified by the Louisiana Workforce 15 Commission within Sector 331111 of the North American Industry Classification 16 System as it existed in 2002. However, this exemption shall not apply to utilities 17 used in and around the production of coke in oil refineries and the use of coke in oil 18 refineries and other chemical processes. 19 * * * 20 ยง305.56. Exemption; off-road vehicles; out-of-state buyers 21 The sales and use tax imposed by the state of Louisiana shall not apply to the 22 sale of off-road vehicles when purchased by a buyer who, at the time of purchase, 23 presents proof to the seller that he is domiciled in another state and signs an affidavit 24 that he has paid or will pay the sales and use tax on the off-road vehicle in the state 25 in which he is domiciled within sixty days after the date of purchase or delivery, 26 whichever is later; provided that the state in which the buyer is domiciled provides 27 a similar exemption. A valid out-of-state driver's license or state-issued picture 28 identification card shall constitute sufficient proof that the buyer is domiciled in 29 another state. Page 69 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 ยง305.57. Exemptions; sale of art work 2 A. The sales and use taxes imposed by the state of Louisiana or any of its 3 local political subdivisions shall not apply to the sale of original, one-of-a-kind 4 works of art from an established location within the boundaries of a cultural product 5 district. 6 * * * 7 ยง305.59. Exemption; charitable residential construction 8 The sales and use tax imposed by the state of Louisiana and all of its tax 9 authorities local political subdivisions shall not apply to the sale of construction 10 materials to Habitat for Humanity affiliates, Fuller Center for Housing covenant 11 partners located in this state, or the Make it Right Foundation when such materials 12 are intended for use in constructing new residential dwellings in this state. 13 ยง305.60. Exemption; certain water conservation equipment; Sparta Groundwater 14 Conservation District 15 A.(1) Within the limits provided for in Paragraph (2) of this Subsection, the 16 sales and use tax imposed by all tax authorities in the state shall not apply to sales 17 of water conservation equipment for use within the Sparta Groundwater 18 Conservation District from July 1, 2007, through June 30, 2010. Only persons 19 defined as "users" under R.S. 38:3087.133(7) shall be eligible for this exemption. 20 (2)(a) The secretary of the Department of Revenue shall issue exemption 21 certificates for the purchase of a certain dollar amount of water conservation 22 equipment as requested by the person and shall keep a record of the exemption 23 certificates issued. However, the secretary shall not issue exemption certificates 24 which will grant users aggregate total exemptions in excess of one million dollars of 25 state sales tax. Once such limit is reached, no exemptions shall be granted against 26 the sales tax of political subdivisions of the state. 27 (b) The secretary of the Department of Revenue shall promulgate rules and 28 regulations for the implementation of this Section in accordance with the 29 Administrative Procedure Act. Page 70 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 B. Any person seeking to qualify for this exemption must apply for an 2 exemption certificate with the secretary of the Department of Revenue which shall 3 be granted on a first-come, first-served basis. Prior to application for an exemption 4 certificate, the applicant must receive certification from the commissioner of 5 conservation that the equipment qualifies as water conservation equipment. The 6 certification by the commissioner of conservation shall be attached by the board to 7 the application for the exemption certificate. In accordance with the powers defined 8 in R.S. 38:3087.136, the board shall determine the types of equipment which qualify 9 as water conservation equipment, provided that the board is able to determine 10 through adequate documentation which shall be retained by the board that such 11 equipment must reduce water consumption by at least twenty-five percent. 12 ยง305.61. Exemption; certain water conservation equipment; Sparta Groundwater 13 Conservation District 14 A. The sales and use tax imposed by all tax authorities in the state local 15 political subdivisions shall not apply to sales of water conservation equipment for 16 use within the Sparta Groundwater Conservation District. Only persons defined as 17 "users" under R.S. 38:3087.133(7) shall be eligible for this exemption. 18 * * * 19 ยง305.64. Exemption; qualifying radiation therapy treatment centers 20 A.(1) The sales and use tax imposed by the state of Louisiana taxes imposed 21 by local political subdivisions shall not apply to the amount paid by qualifying 22 radiation therapy treatment centers for the purchase, lease, or repair of capital 23 equipment and the purchase, lease, or repair of software used to operate capital 24 equipment. Any , only if a political subdivision of this state, including parishes and 25 municipalities, may elect has elected to grant a sales and use tax exemption for the 26 amount paid by qualifying radiation therapy treatment centers for the purchase, lease, 27 or repair of capital equipment and the purchase, lease, or repair of software used to 28 operate capital equipment. 29 * * * Page 71 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 B. An exemption certificate shall be obtained from the secretary of the 2 Department of Revenue in order for a radiation therapy center to qualify for the 3 exemption provided for in this Section. 4 C. The Department of Revenue shall promulgate rules and regulations in 5 accordance with the Administrative Procedure Act as are necessary to implement the 6 provisions of this Section. 7 ยง305.65. Exemption; charitable residential construction, rehabilitation, and 8 renovation; limitation 9 A. The sales and use tax imposed by the state of Louisiana and all of its tax 10 authorities any political subdivision shall not apply to the sale of construction 11 materials to Hands on New Orleans and Rebuilding Together New Orleans covenant 12 partners located in this state when such materials are intended for use in either 13 constructing, rehabilitating, or renovating residential dwellings in this state which 14 were destroyed or damaged by Hurricane Katrina or Hurricane Rita. 15 * * * 16 C. The secretary of the Department of Revenue shall promulgate rules and 17 regulations necessary to implement the provisions of this Section. 18 * * * 19 ยง305.68. Exemption; Fore!Kids Foundation 20 The sales and use tax imposed by the state of Louisiana or any political 21 subdivisions any local political subdivision shall not apply to the purchase, use, or 22 rental of materials, services, property, and supplies, by the Fore!Kids Foundation, 23 whose primary purpose is to fund children's service organizations from monies raised 24 from golfing events. 25 * * * 26 ยง305.70. Exemption; "Make It Right Foundation" 27 The sales and use tax imposed by the state of Louisiana or any political 28 subdivision shall not apply to the sale of construction materials to the "Make It Right Page 72 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 Foundation" when such materials are intended for use in constructing new residential 2 dwellings in this state. 3 ยง305.71. Exemption; St. Bernard Project, Inc. 4 The sales and use tax imposed by the state of Louisiana or any political 5 subdivision as defined in R.S. 47:337.6 shall not apply to the sale of construction 6 materials to the St. Bernard Project, Inc. when such materials are intended for use in 7 rehabilitating existing residential dwellings or constructing new residential dwellings 8 in this state. 9 * * * 10 ยง315.2. Sales tax refund; new housing construction 11 A. Any person who restores, renovates, or rehabilitates an existing structure 12 or builds or causes the building of a new house and associated improvements in an 13 approved housing development area pursuant to the provisions of R.S. 40:582.1 14 through 582.7 shall be entitled to a refund of the amount of tax paid under the 15 provisions of this Chapter and under the provisions of Chapter 2-A and Chapter 2-B 16 of Sub-Title II of Title 47 of the Louisiana Revised Statutes of 1950 as a 17 consequence of the purchase of materials used in the construction of such new house 18 upon showing that he has complied with the provisions of R.S. 40:582.7. 19 B. The secretary of the Department of Revenue is authorized to prescribe the 20 forms and regulations for use in carrying out the provisions of this Section. 21 * * * 22 ยง321. Imposition of tax 23 * * * 24 L. Notwithstanding any other provision of law to the contrary, including but 25 not limited to any contrary provisions of this Chapter, there shall be no exemptions 26 or exclusions as defined in R.S. 47:301, et seq. to the tax levied pursuant to the 27 provisions of this Section, except for the sales or purchases of the following items: Page 73 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (1) Food for home consumption, as defined in R.S. 47:305(D)(1)(n) through 2 (r) on January 1, 2003, as provided in Article VII, Section 2.2 of the Constitution of 3 Louisiana. 4 (2) Natural gas as provided in Article VII, Section 2.2 of the Constitution of 5 Louisiana. 6 (3) Electricity as provided in Article VII, Section 2.2 of the Constitution of 7 Louisiana. 8 (4) Water as provided in Article VII, Section 2.2 of the Constitution of 9 Louisiana. 10 (5) Prescription drugs as provided in Article VII, Section 2.2 of the 11 Constitution of Louisiana and R.S. 47:305(D)(1)(j), (4)(b), (5)(b) and (c)(i), and 12 305.2. 13 (6) Fuel that is subject to the road-use excise tax as provided in Article VII, 14 Section 27 of the Constitution of Louisiana. 15 (7) Purchases by a public trust as provided in law. 16 (8) Sales by state owned domed stadiums and baseball stadiums as provided 17 in R.S. 39:467. 18 (9) Sales by publicly owned facilities as provided in R.S. 39:468. 19 (10) Isolated or occasional sales of tangible personal property as provided 20 in R.S. 47:301(1) and (10)(c)(ii)(bb). 21 (11) Installation charges on tangible personal property as provided in R.S. 22 47:301(3)(a). 23 (12) Installation on oil field board roads as provided in R.S. 47:301(3)(c). 24 (13) Transaction involving the construction or overhaul of United States 25 Navy vessels as provided in R.S. 47:301(7)(c) and (14)(h). 26 (14) Manufacturers rebates on new motor vehicles as provided in R.S. 27 47:301(3)(i). 28 (15) Lease or rentals of railroad rolling stock as provided in R.S. 29 47:301(4)(k). Page 74 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (16) Purchases and leases by free hospitals as provided in R.S. 47:301(7), 2 (10)(r), and (18)(f). 3 (17) Certain educational materials and equipment used for classroom 4 instruction as provided in R.S. 47:301(7)(f), (10)(q), and (18)(e). 5 (18) Purchases by regionally accredited independent education institutions 6 as provided in R.S. 47:301(8)(b). 7 (19) Purchases by nonprofit entities that sell donated goods as provided in 8 R.S. 47:301(8)(f). 9 (20) Tangible personal property for resale as provided in R.S. 10 47:301(10(a)(i). 11 (21) Purchase of property for lease or rental as provided in R.S. 12 47:301(10)(a)(iii) and (18)(a)(iii). 13 (22) Sales through coin-operated vending machines as provided in R.S. 14 47:301(10)(b)(i). 15 (23) Sales of materials for further processing into articles of tangible 16 personal property for sale at retail as provided in R.S. 47:301(10(c)(i)(aa). 17 (24) Sales of human tissue transplants as provided in R.S. 47:301(10)(d). 18 (25) Sales of raw agricultural products as provided in R.S. 47:301(10)(e) and 19 305(A)(3). 20 (26) Sales to the United States government and its agencies as provided in 21 R.S. 47:301(10)(g). 22 (27) Sales of food by youth serving organizations chartered by Congress as 23 provided in R.S. 47:301(10)(h). 24 (28) Purchases by a private postsecondary academic degree-granting 25 institution as provided in R.S. 47:301(10(cc) and as provided in R.S. 47:301(18)(n). 26 (29) Tangible personal property sold to food banks as provided in R.S. 27 47:301(10)(j). 28 (30) Purchases of food items for school lunch or breakfast programs by 29 nonpublic elementary or secondary schools as provided in R.S. 47:301(10)(dd). Page 75 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (31) Articles traded in on purchases of tangible personal property as 2 provided in R.S. 47:301(13)(a). 3 (32) Repair services performed in Louisiana when the repaired property is 4 exported as provided in R.S. 47:301(14)(g)(i)(bb). 5 (33) Funeral directing services as provided in R.S. 47:301(14)(j). 6 (34) Stocks, bonds, notes, or other obligations or securities as provided in 7 R.S. 47:301(16)(b)(ii). 8 (35) Work product of certain professionals as provided in R.S. 9 47:301(16)(e). 10 (36) Pharmaceuticals administered to livestock for agricultural purposes as 11 provided in R.S. 47:301(16)(f). 12 (37) Other constructions permanently attached to the ground as provided in 13 R.S. 47:301(16)(l). 14 (38) Materials used in the collection of blood as provided in R.S. 15 47:301(16)(j). 16 (39) Aphaeresis kits and leuko reduction filters as provided in R.S. 17 47:301(16)(k). 18 (40) Donation to schools and food banks from resale inventory as provided 19 in R.S. 47:301(18)(a). 20 (41) Use of motor vehicles in Louisiana by active duty military as provided 21 in R.S. 47:303(A) and 305.48. 22 (42) Credit for sales and use taxes paid to other states on tangible personal 23 property imported in Louisiana as provided in R.S. 47:303(A)(3)(a). 24 (43) Gross proceeds derived from the sale of livestock, poultry, and other 25 farm products direct from the farm as provided in R.S. 47:305(A)(1). 26 (44) Feed and feed additives for animals held for business purposes as 27 provided in R.S. 47:305(A)(4). 28 (45) Materials used in the harvesting or production of crawfish as provided 29 in R.S. 47:305(A)(5). Page 76 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (46) Materials used in the harvesting or production of catfish as provided in 2 R.S. 47:305(A)(6). 3 (47) Farm products produced and used by farmers as provided in R.S. 4 47:305(B). 5 (48) Sales of fertilizers and containers to farmers as provided in R.S. 6 47:305(D)(1)(f). 7 (49) Sales of seeds for planting crops as provided in R.S. 47:305.5. 8 (50) Sales of pesticides for agricultural purposes as provided in R.S. 9 47:305.8. 10 (51) Property purchased for exclusive use outside the state as provided in 11 R.S. 47:305.10. 12 (52) Certain farm equipment as provided in R.S. 47:305.25. 13 (53) Diesel fuel, butane, propane, or other liquefied petroleum gases used for 14 farm purposes as provided in R.S. 47:305.37. 15 (54) Purchases made with food stamps and WIC as provided in R.S. 16 47:305.46. 17 (55) Pharmaceutical samples distributed in Louisiana as provided in R.S. 18 47:305.47. 19 (56) Commercial farm irrigation equipment as provided in R.S. 47:305.63. 20 (57) Purchases and leases of durable medical equipment under the provisions 21 of Medicare as provided in R.S. 47:315.3. 22 * * * 23 ยง331. Imposition of tax 24 * * * 25 S. Notwithstanding any other provision of law to the contrary, including but 26 not limited to any contrary provisions of this Chapter, there shall be no exemptions 27 or exclusions as defined in R.S. 47:301, et seq. to the tax levied pursuant to the 28 provisions of this Section, except for the sales or purchases of the following items: Page 77 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (1) Food for home consumption, as defined in R.S. 47:305(D)(1)(n) through 2 (r) on January 1, 2003, as provided in Article VII, Section 2.2 of the Constitution of 3 Louisiana. 4 (2) Natural gas as provided in Article VII, Section 2.2 of the Constitution of 5 Louisiana. 6 (3) Electricity as provided in Article VII, Section 2.2 of the Constitution of 7 Louisiana. 8 (4) Water as provided in Article VII, Section 2.2 of the Constitution of 9 Louisiana. 10 (5) Prescription drugs as provided in Article VII, Section 2.2 of the 11 Constitution of Louisiana and R.S. 47:305(D)(1)(j), (4)(b), (5)(b) and (c)(i), and 12 305.2. 13 (6) Fuel that is subject to the road-use excise tax as provided in Article VII, 14 Section 27 of the Constitution of Louisiana. 15 (7) Purchases by a public trust as provided in law. 16 (8) Sales by state owned domed stadiums and baseball stadiums as provided 17 in R.S. 39:467. 18 (9) Sales by publicly owned facilities as provided in R.S. 39:468. 19 (10) Isolated or occasional sales of tangible personal property as provided 20 in R.S. 47:301(1) and (10)(c)(ii)(bb). 21 (11) Installation charges on tangible personal property as provided in R.S. 22 47:301(3)(a). 23 (12) Installation on oil field board roads as provided in R.S. 47:301(3)(c). 24 (13) Transaction involving the construction or overhaul of United States 25 Navy vessels as provided in R.S. 47:301(7)(c) and (14)(h). 26 (14) Manufacturers rebates on new motor vehicles as provided in R.S. 27 47:301(3)(i). 28 (15) Lease or rentals of railroad rolling stock as provided in R.S. 29 47:301(4)(k). Page 78 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (16) Purchases and leases by free hospitals as provided in R.S. 47:301(7), 2 (10)(r), and (18)(f). 3 (17) Certain educational materials and equipment used for classroom 4 instruction as provided in R.S. 47:301(7)(f), (10)(q), and (18)(e). 5 (18) Purchases by regionally accredited independent education institutions 6 as provided in R.S. 47:301(8)(b). 7 (19) Purchases by nonprofit entities that sell donated goods as provided in 8 R.S. 47:301(8)(f). 9 (20) Tangible personal property for resale as provided in R.S. 10 47:301(10(a)(i). 11 (21) Purchase of property for lease or rental as provided in R.S. 12 47:301(10)(a)(iii) and (18)(a)(iii). 13 (22) Sales through coin-operated vending machines as provided in R.S. 14 47:301(10)(b)(i). 15 (23) Sales of materials for further processing into articles of tangible 16 personal property for sale at retail as provided in R.S. 47:301(10(c)(i)(aa). 17 (24) Sales of human tissue transplants as provided in R.S. 47:301(10)(d). 18 (25) Sales of raw agricultural products as provided in R.S. 47:301(10)(e) and 19 305(A)(3). 20 (26) Sales to the United States government and its agencies as provided in 21 R.S. 47:301(10)(g). 22 (27) Sales of food by youth serving organizations chartered by Congress as 23 provided in R.S. 47:301(10)(h). 24 (28) Purchases by a private postsecondary academic degree-granting 25 institution as provided in R.S. 47:301(10(cc) and as provided in R.S. 47:301(18)(n). 26 (29) Tangible personal property sold to food banks as provided in R.S. 27 47:301(10)(j). 28 (30) Purchases of food items for school lunch or breakfast programs by 29 nonpublic elementary or secondary schools as provided in R.S. 47:301(10)(dd). Page 79 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (31) Articles traded in on purchases of tangible personal property as 2 provided in R.S. 47:301(13)(a). 3 (32) Repair services performed in Louisiana when the repaired property is 4 exported as provided in R.S. 47:301(14)(g)(i)(bb). 5 (33) Funeral directing services as provided in R.S. 47:301(14)(j). 6 (34) Stocks, bonds, notes, or other obligations or securities as provided in 7 R.S. 47:301(16)(b)(ii). 8 (35) Work product of certain professionals as provided in R.S. 9 47:301(16)(e). 10 (36) Pharmaceuticals administered to livestock for agricultural purposes as 11 provided in R.S. 47:301(16)(f). 12 (37) Other constructions permanently attached to the ground as provided in 13 R.S. 47:301(16)(l). 14 (38) Materials used in the collection of blood as provided in R.S. 15 47:301(16)(j). 16 (39) Aphaeresis kits and leuko reduction filters as provided in R.S. 17 47:301(16)(k). 18 (40) Donation to schools and food banks from resale inventory as provided 19 in R.S. 47:301(18)(a). 20 (41) Use of motor vehicles in Louisiana by active duty military as provided 21 in R.S. 47:303(A) and 305.48. 22 (42) Credit for sales and use taxes paid to other states on tangible personal 23 property imported in Louisiana as provided in R.S. 47:303(A)(3)(a). 24 (43) Gross proceeds derived from the sale of livestock, poultry, and other 25 farm products direct from the farm as provided in R.S. 47:305(A)(1). 26 (44) Feed and feed additives for animals held for business purposes as 27 provided in R.S. 47:305(A)(4). 28 (45) Materials used in the harvesting or production of crawfish as provided 29 in R.S. 47:305(A)(5). Page 80 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 1 (46) Materials used in the harvesting or production of catfish as provided in 2 R.S. 47:305(A)(6). 3 (47) Farm products produced and used by farmers as provided in R.S. 4 47:305(B). 5 (48) Sales of fertilizers and containers to farmers as provided in R.S. 6 47:305(D)(1)(f). 7 (49) Sales of seeds for planting crops as provided in R.S. 47:305.5. 8 (50) Sales of pesticides for agricultural purposes as provided in R.S. 9 47:305.8. 10 (51) Property purchased for exclusive use outside the state as provided in 11 R.S. 47:305.10. 12 (52) Certain farm equipment as provided in R.S. 47:305.25. 13 (53) Diesel fuel, butane, propane, or other liquefied petroleum gases used for 14 farm purposes as provided in R.S. 47:305.37. 15 (54) Purchases made with food stamps and WIC as provided in R.S. 16 47:305.46. 17 (55) Pharmaceutical samples distributed in Louisiana as provided in R.S. 18 47:305.47. 19 (56) Commercial farm irrigation equipment as provided in R.S. 47:305.63. 20 (57) Purchases and leases of durable medical equipment under the provisions 21 of Medicare as provided in R.S. 47:315.3. 22 Section 2. The provisions of this Act shall be applicable to taxable periods beginning 23on and after April 1, 2016. 24 Section 3. This Act shall become effective upon signature by the governor or, if not 25signed by the governor, upon expiration of the time for bills to become law without signature 26by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 27vetoed by the governor and subsequently approved by the legislature, this Act shall become 28effective on the day following such approval. Page 81 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 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)] HB 101 Engrossed 2016 First Extraordinary Session Jackson Abstract: Imposes an additional 0.5% state sales and use tax on April 1, 2016, and provides for the expansion of the tax base by reducing the applicability of certain exclusions and exemptions. Proposed law imposes a 4% state sales and use tax upon the sale at retail, the use, the consumption, the distribution, and the storage for use or consumption in this state of each item or article of tangible personal property as well as certain services. Proposed law imposes an additional 0.5% state sales and use tax beginning April 1, 2016. Present law provides definitions for terms used for purposes of state and local sales and use tax. Present law establishes the following exclusions from tax in the form of definitions: (1)From the definition of "cost price": Specific method for determining pricing relative to the publication of a free news publication. (2)From the definition of "lease or rental": Oilfield drilling equipment to be re-leased or re-rented. Airplanes or airplane equipment used by a commuter airline domiciled in La. Crane with an operator. Pallets used by a manufacturer for packaging. (3)From the definition of "retail sale": Pollution control equipment. Natural gas used in the production of iron. Electricity for chlor-alkali manufacturing processes. La. manufactured passenger aircraft. Specific method of pricing equipment and devices associated with the wireless communication devices and wireless telephone service. Alternative substance used as fuel. Telephone directories used for advertising. Butane and propane used for non-residential purposes. Natural gas to be held, used or consumed in providing natural gas storage ("cushion" or "pad" gas). Page 82 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 Pelletized paper waste used as fuel for power generation. Storm shutter devices. Anthropogenic carbon dioxide used in a qualified tertiary recovery project (mineral exploration and production). Property sold at an event for La. culture, crafts, food, art, and music, with a five year annual attendance in excess of 300,000 (New Orleans Jazz Festival). That portion of the value of refinery gas sold to another person by the person who owns the gas generation facility, whether at retail or wholesale, that is in excess of 52 cents per thousand cubic feet multiplied by a fraction the numerator of which shall be the posted price for a barrel of West Texas Intermediate Crude Oil on December first of the preceding calendar year and the denominator of which shall be $29. Specific method for determining pricing relative to the publication of a free news publication. Payments made by a manufacturer directly to a dealer of the manufacturer's product for the purpose of reducing the retail "sales price" of the product. Speciality items sold to members of a nonprofit carnival organizations for fund- raising purposes if the members are participating in a parade sponsored by the organization. Electric power and natural gas purchased or used by paper or wood products manufacturing facilities. Specific method of pricing equipment and devices associated with the wireless communication devices and wireless telephone service. (4)From the definition of "sales of services": Services performed at an event for La. culture, crafts, food, art, and music, with a five year annual attendance in excess of 300,000 (New Orleans Jazz Festival). (5)From the definition of "tangible personal property": Numismatic coins, and platinum, gold, and silver bullion. Custom computer software. Equipment used for digital television conversion. Newspapers. (6)From the definition of "use": Free telephone directories used for advertising. Alternative substance use as fuel. Property created or derived as a residue or byproduct of certain manufacturing processes. Specific method of pricing equipment and devices associated with the wireless communication devices and wireless telephone service. Page 83 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 Storm shutter device. Anthropogenic carbon dioxide used in a qualified tertiary recovery project (mineral exploration and production). Proposed law changes present law by limiting the application of the following exclusions to sales and use taxes imposed by a political subdivision. (1)Oilfield drilling equipment to be re-leased or re-rented. (2)Airplanes or airplane equipment used by a commuter airline domiciled in La. (3)Pallets used by a manufacturer for packaging. (4)La. manufactured passenger aircraft (5)Equipment and devices associated with the wireless communication devices and wireless telephone service. (6)Telephone directories used for advertising. (7)Specific method for determining pricing relative to the publication of a free news publication. (8)Pelletized paper waste used as fuel for power generation. (9)Anthropogenic carbon dioxide used in a qualified tertiary recovery project (mineral exploration and production). (10)Property and services sold at an event for La. culture, crafts, food, art, and music, with a five year annual attendance in excess of 300,000 (New Orleans Jazz Festival). (11)That portion of the value of refinery gas sold to another person by the person who owns the gas generation facility, whether at retail or wholesale, that is in excess of 52 cents per thousand cubic feet multiplied by a fraction the numerator of which shall be the posted price for a barrel of West Texas Intermediate Crude Oil on December first of the preceding calendar year and the denominator of which shall be $29. (12)Payments made by a manufacturer directly to a dealer of the manufacturer's product for the purpose of reducing the retail "sales price" of the product. (13)Speciality items sold to members of a nonprofit carnival organization for fund- raising purposes if the members are participating in a parade sponsored by the organization. (14)Equipment and devices associated with wireless communication devices and wireless telephone service. (16)Numismatic coins, and platinum, gold, and silver bullion. (17)Newspapers. (18)Free telephone directories used for advertising. (19)Property created or derived as a residue or byproduct of certain manufacturing processes. (20)Rental of a crane with an operator. Page 84 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 (21)Anthropogenic carbon dioxide used in a qualified tertiary recovery project (mineral exploration and production). Proposed law repeals present law for the following exclusions from state and local sales and use tax: (1)Pollution control equipment (2)Natural gas used in the production of iron (3)Electricity for chlor-alkali manufacturing processes. (4)Alternative substance used as fuel. (5)Natural gas to be held, used or consumed in providing natural gas storage ("cushion" or "pad" gas). (6)Storm shutter devices. (7)Electric power and natural gas purchased or used by paper or wood products manufacturing facilities. (8)Custom computer software. (9)Equipment used for digital television conversion. Present law excludes from the definition of "retail sale" the sale of butane and propane. Proposed law changes present law by limiting the exclusions to butane and propane sold for residential use. Present law establishes the following exemptions from state sales and use taxes: (1)Racehorses. (2)Non-residential electric power utilities, natural gas, water, boiler fuel, and steam. (3)Motor vehicles returned to dealer inventory. (4)Amounts paid by radio and television stations for rights to broadcast content. (5)Motor vehicles, boats, and airplanes used as demonstrators. (6)Component parts for ships and barges in excess of 50 tons of displacement which are used in foreign or coastwise commerce. (7)Gate admissions to various charitable and nonprofit entertainment events. (8)Cable television installation. (9)Motion picture film rental. (10)Income from coin operated laundries. (11)Specific method of pricing equipment and devices associated with the wireless communication devices and wireless telephone service. (12)Leased vessels used in the production of minerals. Page 85 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 (13) Purchases of materials, equipment, supplies, and services, and leases, by commercial fishers and seafood processors. (14)New vehicles furnished by dealers for drivers education. (15)Sales of gasohol. (16)Building materials for a nonprofit retirement center. (17)Speciality items sold to members of a nonprofit carnival organization for fund- raising purposes if the members are participating in a parade sponsored by the organization. (18)Admissions to performances by domestic nonprofit ballet companies. (19)Sales made by a nonprofit organization for the conservation of fish or migratory water fowl. (20)Ducks Unlimited and Bass Life. (21)Raw materials used in the printing process. (22)Per diem or car hire on freight cards, piggy-back cars, and rolling stock. (23)Purchase of trucks with a gross weight of 26,000 pounds or more and certain trailers if used at least 80% of the time in interstate commerce and whose activities are subject to the jurisdiction of the U.S. D.O.T. (24)Catalogs. (25)Railroad ties to be modified for installation at a location outside of the taxing jurisdiction. (26)Utilities, including electricity, used by steelworks and blast furnaces. (27)Off-road vehicles purchased by out of state buyers. (28)Sale of original, one-of-a-kind art from an established location within the boundaries of a cultural product district. (29)Purchase of certain water conservation equipment for use within the Sparta Groundwater Conservation District. (30)Capital equipment and software purchased by a radiation treatment center. (31)Purchases of construction supplies by Habitat for Humanity affiliates, Fuller Center for Housing covenant partners, and the Make it Right Foundation. (32)Purchase of certain construction materials by Hands on New Orleans and Rebuilding Together New Orleans covenant partners used on residential dwellings destroyed or damaged by Hurricanes Katrina or Rita. (33)Purchase, use, or rental of materials, services, property, and supplies by the Fore!Kids Foundation. (34)Purchase of certain construction supplies by the Make it Right Foundation. (35)Purchase of certain construction supplies by the St. Bernard Project, Inc. Page 86 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 Proposed law changes present law by limiting the applicability of the following exemptions to sales and use taxes imposed by a political subdivision: (1)Racehorses. (2)Non-residential electric power utilities, and boiler fuel, steam. (3)Motor vehicle returned to dealer inventory. (4)Amounts paid by radio and television stations for rights to broadcast content. (5)Motor vehicles, boats, and airplanes used as demonstrators. (6)Component parts for ships and barges used in foreign or coastwise commerce. (7)Labor, or sale of materials, services, and supplies, used for repairing, renovating or converting of any drilling rig, and associated machinery and equipment, which is used for the exploration or development of minerals outside the territorial limits of the state in Outer Continental Shelf waters, (8)Gate admissions to various charitable and nonprofit entertainment events. (9)Cable television installation. (10)Motion picture film rental (11)Admissions to performances at a little theater. (12)Income from coin operated laundries. (13)Specific method of pricing equipment and devices associated with the wireless communication devices and wireless telephone service. (14)Leased vessels used in the production of minerals. (15) Purchases of materials, equipment, and supplies, and leases, and services by commercial fishers and seafood processors. (16)Sales of gasohol. (17)Raw materials used in the printing process. (18)Per diem or car hire on freight cards, piggy-back cars, and rolling stock. (19)Purchase of trucks with a gross weight of 26,000 pounds or more and certain trailers if used at least 80% of the time in interstate commerce and whose activities are subject to the jurisdiction of the U.S. D.O.T. (20)Catalogs. (21)Railroad ties to be modified for installation at a location outside of the taxing jurisdiction. (22)Utilities, including electricity, used by steelworks and blast furnaces. (23)Sale of original, one-of-a-kind art from an established location within the boundaries of a cultural product district. Page 87 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 (24)Purchase of certain water conservation equipment for use within the Sparta Groundwater Conservation District. (25)Capital equipment and software purchases by a radiation treatment center. (26)Purchases of construction supplies by Habitat for Humanity affiliates, Fuller Center for Housing covenant partners, and the Make it Right Foundation. (27)Purchase of certain construction materials by Hands on New Orleans and Rebuilding Together New Orleans covenant partners used on residential dwellings destroyed or damaged by Hurricanes Katrina or Rita. (28)Purchases, use, or rental of materials and services by the Fore!Kids Foundation. (29)Purchase of certain construction supplies by the Make it Right Foundation. (30)Purchase of certain construction supplies by the St. Bernard Project, Inc. (31)Ducks Unlimited and Bass Life. Proposed law repeals present law for the following sales and use tax exemptions: (1)New vehicles furnished by dealers for drivers education. (2)Building materials for a nonprofit retirement center. (3)Admissions to performances by domestic nonprofit ballet companies. (4)Sales made by a nonprofit organization for the conservation of fish or migratory water fowl. (5)Purchase by Sparta Groundwater District (obsolete). (6)Off-road vehicles purchased by out of state buyers. Present law establishes a sales and use tax refund for materials used in the construction or restoration of a home in certain specific development areas. Proposed law repeals present law. Proposed law specifies that exclusions and exemptions applicable to the state sales and use tax are limited to the follow: (1)Food for home consumption. (2)Natural gas for residential use. (3) Electricity for residential use. (4)Water for residential use. (5)Prescription drugs. (6)Fuel that is subject to the road-use excise tax. (7)Purchases by a public trust. (8)Sales by state owned domed stadiums and baseball stadiums. Page 88 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 (9)Sales by publicly owned facilities as provided in R.S. 39:468. (10)Isolated or occasional sales of tangible personal property. (11)Installation charges on tangible personal property. (12)Installation on oil field board roads. (13)Transaction involving the construction or overhaul of United States Navy vessels. (14)Manufacturers rebates on new motor vehicles. (15)Lease or rentals of railroad rolling stock. (16)Purchases and leases by free hospitals. (17)Certain educational materials and equipment used for classroom instruction. (18)Purchases by regionally accredited independent education institutions. (19)Purchases by nonprofit entities that sell donated goods. (20)Tangible personal property for resale. (21)Purchase of property for lease or rental. (22)Sales through coin-operated vending machines. (23)Sales of materials for further processing into articles of tangible personal property for sale at retail. (24)Sales of human tissue transplants. (25)Sales of raw agricultural products. (26)Sales to the United States government. (27) Sales of food by youth serving organizations chartered by Congress. (28)Purchases by a private postsecondary academic degree-granting institution. (29)Tangible personal property sold to food banks. (30)Purchases of food items for school lunch or breakfast programs by nonpublic elementary or secondary schools. (31)Articles traded in on purchases of tangible personal property. (32)Repair services performed in Louisiana when the repaired property is exported. (33)Funeral directing services. (34)Stocks, bonds, notes, or other obligations or securities. (35)Work product of certain professionals. (36) Pharmaceuticals administered to livestock for agricultural purposes. (37)Other constructions permanently attached to the ground. Page 89 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 (38)Materials used in the collection of blood. (39)Aphaeresis kits and leuko reduction filters. (40)Donation to schools and food banks from resale inventory. (41)Use of motor vehicles in Louisiana by active duty military. (42)Credit for sales and use taxes paid to other states on tangible personal property imported in Louisiana. (43)Gross proceeds derived from the sale of livestock, poultry, and other farm products direct from the farm). (44)Feed and feed additives for animals held for business purposes. (45)Materials used in the harvesting or production of crawfish. (46)Materials used in the harvesting or production of catfish. (47)Farm products produced and used by farmers. (48)Sales of fertilizers and containers to farmers. (49)Sales of seeds for planting crops. (50)Sales of pesticides for agricultural purposes. (51)Property purchased for exclusive use outside the state. (52)Specific types of farm equipment. (53)Diesel fuel, butane, propane, or other liquefied petroleum gases used for farm purposes. (54)Purchases made with food stamps and WIC. (55)Pharmaceutical samples distributed in Louisiana. (56)Commercial farm irrigation equipment. (57)Purchases and leases of durable medical equipment under the provisions of Medicare. Applicable to taxable periods beginning on and after April 1, 2016. Effective upon signature of governor or lapse of time for gubernatorial action. (Amends R.S. 47:301(3) through (17) and (18)(d)(ii), (h), (i) through (l), and (o), 302(A), (B), and (C)(1), 305(A)(2), (C), (D)(1)(b) through (d) and (g) through (i), (F), (H)(introductory paragraph), and (I), 305.1(A) and (B), 305.6, 305.7, 305.9, 305.13, 305.14(A)(1), 305.16, 305.17, 305.18, 305.19, 305.20(A), (C)(introductory paragraph), and (G), 305.26, 305.28(A), 305.33, 305.39, 305.40, 305.41(A), 305.42, 305.43, 305.44(A)(introductory paragraph), 305.45(A)(introductory paragraph) and (B), 305.50(A)(1) and (2)(a)(introductory paragraph) and (F), 305.51(A), 305.56, 305.57(A), 305.59, 305.60, 305.61(A), 305.64(A)(1), (B), 305.49, and (C), 305.65(A) and (C), 305.68, 305.70, 305.71, and 315.2; Adds R.S. 47:302(V), 321(L), and 331(S)) Page 90 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 161ES-189 ENGROSSED HB NO. 101 Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Ways and Means to the original bill: 1. Add the imposition of an additional .50% sales and use tax beginning April 1, 2016. 2. Restore changes to present law concerning the sales and use tax exclusions and exemptions for manufacturing machinery and equipment for various business sectors. Page 91 of 91 CODING: Words in struck through type are deletions from existing law; words underscored are additions.