ENROLLED ACT No. 424 2017 Regular Session HOUSE BILL NO. 629 BY REPRESENTATIVES ANDERS AND BROADWATER AND SENATORS FANNIN, THOMPSON, AND WALSWORTH 1 AN ACT 2 To amend and reenact R.S. 47:301(10)(x)(i) and R.S. 47:302(AA)(introductory paragraph) 3 and to enact R.S. 47:302(AA)(29), 305.25(A)(6), 305.64(A)(2)(b)(iv), and 4 321.1(F)(67), relative to state sales and use tax exemptions; to provide for certain 5 exemptions to the state sales and use tax; to provide for the definition of farm 6 equipment to include polyroll tubing; to provide with respect to the exclusion for 7 residential fuel or gas; to provide with respect to the exemption for purchases and 8 leases by qualifying radiation therapy treatment centers; to provide for effectiveness; 9 and to provide for related matters. 10 Be it enacted by the Legislature of Louisiana: 11 Section 1. R.S. 47:301(10)(x)(i) and R.S. 47:302(AA)(introductory paragraph) are 12 hereby amended and reenacted and R.S. 47:302(AA)(29), 305.25(A)(6), 305.64(A)(2)(b)(iv), 13 and 321.1(F)(67) are hereby enacted to read as follows: 14 §301. Definitions 15 As used in this Chapter the following words, terms, and phrases have the 16 meaning ascribed to them in this Section, unless the context clearly indicates a 17 different meaning: 18 * * * 19 (10) 20 * * * 21 (x) For purposes of the sales and use tax imposed by the state or any political 22 subdivision whose boundaries are coterminous with those of the state, the terms 23 "retail sale" or "sale at retail" shall not include the following: Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 629 ENROLLED 1 (i) The sale or purchase by a person consumer of any fuel or gas, including 2 but not limited to, butane and propane, for residential use by the consumer. 3 * * * 4 §302. Imposition of tax 5 * * * 6 AA. Notwithstanding any other provision of this Section to the contrary, 7 except Paragraph (29) of this Subsection, beginning July 1, 2016, the following 8 specific exclusions and exemptions shall be applicable to the tax levied pursuant to 9 the provisions of this Section: 10 * * * 11 (29) Beginning July 1, 2017, purchases and leases by qualifying radiation 12 therapy treatment centers, as provided in R.S. 47:305.64. 13 * * * 14 §305.25. Exclusions and exemptions; farm equipment 15 A. The tax imposed by R.S. 47:302(A), 321(A), and 331(A) with respect to 16 the sale and use of farm equipment shall apply only to that portion of the sale price 17 in excess of fifty thousand dollars for each item of farm equipment. The purchaser 18 or his representative shall provide on any exemption certificate required for this 19 exemption a certification that the purchaser is a farmer or is purchasing for an 20 agricultural facility. The department shall hold the purchaser responsible for any 21 taxes due. For the purpose of this Section, "farm equipment" includes the following: 22 * * * 23 (6) Beginning October 1, 2017, polyroll tubing for commercial farm 24 irrigation. 25 * * * 26 §305.64. Exemption; qualifying radiation therapy treatment centers 27 A. 28 * * * Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 629 ENROLLED 1 (2) For purposes of this Section, the following words shall have the 2 following meanings unless the context clearly indicates otherwise: 3 * * * 4 (b) "Qualifying radiation therapy center" shall mean all of the following: 5 * * * 6 (iv) The Willis-Knighton Health System in Shreveport, Louisiana. 7 * * * 8 §321.1. Imposition of Tax 9 * * * 10 F. Notwithstanding any other provision of law to the contrary, including but 11 not limited to any contrary provision of this Chapter, there shall be no exemptions 12 or exclusions as defined in R.S. 47:301 to the tax levied pursuant to the provisions 13 of this Section, except for the sales or purchases of the following items: 14 * * * 15 (67) Beginning July 1, 2017, purchases and leases by qualifying radiation 16 therapy treatment centers, as provided in R.S. 47:305.64. 17 * * * 18 Section 2. This Act shall become effective upon signature by the governor or, if not 19 signed by the governor, upon expiration of the time for bills to become law without signature 20 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 21 vetoed by the governor and subsequently approved by the legislature, this Act shall become 22 effective on the day following such approval. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.