1122fc

___________________ moved that HB 1122 be amended as follows:

     On the House Taxation Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That section 2 of House Bill 1261 as previously enacted by the 2005 South Dakota Legislature be amended to read as follows:

     For the purposes of this Act, the term, new business facility, means a new building or structure or the expansion of an existing building or structure , including a power generation facility, the construction of which is subject to the contractor's excise tax pursuant to chapter 10-46A or 10-46B. A new business facility does not include any building or structure:

             (1)    Used predominantly for the sale of products at retail, other than the sale of electricity at retail, to individual consumers;

             (2)    Used predominantly for residential housing or transient lodging;

             (3)    Used predominantly to provide health care services; or

             (4)    That is not subject to ad valorem real property taxation or equivalent taxes measured by gross receipts.

     Section 2. That § 10-45B-6 be amended to read as follows:

     10-45B-6.   Any person desiring to claim a refund pursuant to § 10-45B-2 this chapter shall apply for a permit from the secretary at least thirty days prior to commencement of the project the construction date. However, any project with a construction date between February 1, 2005, and July 1, 2005, that would otherwise qualify for a refund shall apply for a permit by August 1, 2005 . The application for a permit shall be submitted on a form prescribed by the secretary. A separate application shall be made and submitted for each project. Upon approval of the application, the secretary shall issue a permit entitling the applicant to submit refund claims as provided by §§ 10- 45B-7 and 10-45B-8. Such permit or refund claims are not assignable or transferable except as collateral or security pursuant to chapter 57A-9.

     Section 3. That § 10-45B-1 be amended to read as follows:

     10-45B-1.   Terms used in this chapter mean:

             (1)      "Department," the Department of Revenue and Regulation;

             (2)      "New agricultural processing facility," a new building or structure, the construction of which is subject to contractors' excise tax pursuant to chapter 10-46A or 10-46B. A new agricultural processing facility is any new building or structure constructed for the initial or subsequent processing of any form of agricultural commodity, product, or by-product. A new agricultural processing facility does not include any building or structure constructed for raising or feeding of livestock or the expansion of an existing agricultural processing facility except as provided in section 2 of this Act ;

             (3)      "Person," any individual, firm, copartnership, joint venture, association, limited liability company, corporation, estate, trust, business trust, receiver, or any group or combination acting as a unit;

             (4)      "Project," the construction of a new agricultural processing facility at a single site;

             (5)      "Project cost," the amount paid in money, credits, property, or other money's worth for a project;

             (6)      "Secretary," the secretary of the Department of Revenue and Regulation.

     Section 4. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

     For purposes of this chapter, a new agricultural processing facility as defined in §  10-45B-1 includes an addition to an existing soybean processing facility or operation if the addition produces biodiesel or if the addition produces a product or uses a process that is substantially different than the products or processes produced or used by the existing facility or operation."