AMENDMENT FOR PRINTED BILL
195fd
___________________ moved that SB 195 be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 10-45B-1.1 be amended to read as follows:
10-45B-1.1. For the purposes of this chapter, 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; or
(5) That is a pipeline, railroad, power transmission line, or other linear conveyance or
transmission facility.
Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding any provision of chapter 10-45B or this Act, no refund may be paid under this
chapter based on project costs paid after July 1, 2010, for any project that is a pipeline, railroad,
power transmission line, or other linear conveyance or transmission facility.
Section 3. That § 10-45B-2 be amended to read as follows:
10-45B-2. Any person As provided in this chapter, any person holding a permit issued pursuant
to § 10-45B-6 may apply for and obtain a refund or credit for contractors' excise taxes imposed and
paid under the provisions of chapter 10-46A for the construction of a new agricultural processing
facility and for sales or use taxes imposed and paid by such person under the provisions of chapters
10-45 and 10-46 for the purchase or use of agricultural processing equipment.
Section 4. That § 10-45B-4 be repealed.
10-45B-4. The refund of taxes for a new agricultural processing facility pertains only to project
costs incurred and paid after April 1, 1997, and within thirty-six months of the construction date as
stated on the application required by § 10-45B-6. No refund may be made unless:
(1) The project cost exceeds the sum of four million five hundred thousand dollars; and
(2) The person applying for the refund obtains a permit from the secretary as set forth in § 10-45B-6.
Section 5. That § 10-45B-4.1 be repealed.
10-45B-4.1. The refund of taxes pursuant to § 10-45B-2.1 pertains only to project costs incurred
and paid after February 1, 2005, up to and including thirty-six months from the construction date if
the project costs are sixty million dollars or less and after February 1, 2005, up to and including
seventy-two months from the construction date if the project costs are more than sixty million
dollars. There is no refund if the person applying for the refund does not obtain a permit from the
secretary as set forth in § 10-45B-6.
Upon a showing of good cause, the time limits prescribed by this section may be extended by the
secretary for a period not to exceed twenty-four months.
Section 6. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
The refund of taxes pursuant to §§ 10-45B-2 and 10-45B-2.1 pertains only to project costs
incurred and paid after January 1, 2008, up to and including thirty-six months from the construction
date. No refund may be paid unless the person applying for the refund obtains a permit from the
secretary as set forth in § 10-45B-6.
Section 7. That § 10-45B-5 be repealed.
10-45B-5. If the project cost for a new agricultural processing facility exceeds four million five
hundred thousand dollars, the refund shall be one hundred percent of the taxes attributed to the
project cost.
Section 8. That § 10-45B-5.1 be repealed.
10-45B-5.1. The amount of the tax refund for a new business facility shall be a percentage of the
taxes paid, as follows:
(1) For project costs of less than ten million dollars, there shall be no refund;
(2) For project costs of ten or more million dollars but less than fifteen million dollars there
shall be a refund of twenty-five percent of the taxes paid;
(3) For project costs of fifteen or more million dollars but less than twenty million dollars
there shall be a refund of thirty-three percent of the taxes paid;
(4) For project costs of twenty or more million dollars but less than forty million dollars there
shall be a refund of fifty percent of the taxes paid;
(5) For project costs of forty or more million dollars but less than sixty million dollars there
shall be a refund of sixty-seven percent of the taxes paid;
(6) For project costs of sixty million dollars or more but less than six hundred million dollars
there shall be a refund of seventy-five percent of the taxes paid; and
(7) For project costs of six hundred million dollars and greater there shall be a refund of
ninety percent of the taxes paid.
Section 9. That § 10-45B-6.1 be repealed.
10-45B-6.1. Any person issued a permit pursuant to this chapter prior to March 31, 1997, may
continue to submit claims for the project.
Section 10. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding any provision of chapter 10-45B or this Act, this section controls the amount
of refunds payable under chapter 10-45B for any new agricultural processing facility or new business
facility that has a construction date before July 1, 2010:
(1) For project costs incurred and paid before July 1, 2010, the amount of the refund shall be
determined by applying the provisions of chapter 10-45B in effect prior to the effective
date of this Act;
(2) For project costs incurred before July 1, 2011, and paid from July 1, 2010, to June 30,
2011, inclusive, the amount of the refund shall be as follows:
(a) For project costs of less than ten million dollars, there shall be no refund;
(b) For project costs of ten or more million dollars but less than forty million dollars,
there shall be a refund of forty percent of the taxes paid;
(c) For project costs of forty or more million dollars but less than five hundred million
dollars, there shall be a refund of fifty percent of the taxes paid; and
(d) For project costs of five hundred million or more dollars, there shall be no refund;
When applying subdivision (2) of this section, all the project costs described in
subdivision (1) of this section shall be utilized to determine which refund subsection or
subsections apply in subdivision (2) of this section;
(3) For project costs incurred before July 1, 2012, and paid from July 1, 2011, to June 30,
2012, inclusive, the amount of the refund shall be as follows:
(a) For project costs of less than ten million dollars, there shall be no refund;
(b) For project costs of ten or more million dollars but less than forty million dollars,
there shall be a refund of forty percent of the taxes paid;
(c) For project costs of forty or more million dollars but less than five hundred million
dollars, there shall be a refund of twenty-five percent of the taxes paid; and
(d) For project costs of five hundred million or more dollars, there shall be no refund;
When applying subdivision (3) of this section, all the project costs described in
subdivisions (1) and (2) of this section shall be utilized to determine which refund
subsection or subsections apply in subdivision (3) of this section; and
(4) For project costs incurred before July 1, 2012, and paid after July 1, 2012, or for project
costs incurred and paid after June 30, 2012, the amount of the refund shall be as follows:
(a) For project costs of less than ten million dollars, there shall be no refund;
(b) For project costs of ten or more million dollars but less than forty million dollars,
there shall be a refund of forty percent of the taxes paid; and
(c) For project costs of forty or more million dollars, there shall be no refund;
When applying subdivision (4) of this section, all the project costs described in
subdivisions (1), (2), and (3) of this section shall be utilized to determine which refund
subsection or subsections apply in subdivision (4) of this section.
Subdivisions (2), (3), and (4) of this section do not apply to any project that is a pipeline,
railroad, power transmission line, or other linear conveyance or transmission facility.
Section 11. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding any provision of chapter 10-45B or this Act, this section controls the amount
of refunds payable under chapter 10-45B for any new agricultural processing facility or new business
facility that has a construction date on or after July 1, 2010:
(1) For project costs incurred and paid before July 1, 2011, the amount of the refund shall be
as follows:
(a) For project costs of less than ten million dollars, there shall be no refund;
(b) For project costs of ten or more million dollars but less than forty million dollars,
there shall be a refund of forty percent of the taxes paid;
(c) For project costs of forty or more million dollars but less than five hundred million
dollars, there shall be a refund of fifty percent of the taxes paid; and
(d) For project costs of five hundred million or more dollars, there shall be no refund;
(2) For project costs incurred before July 1, 2012, and paid from July 1, 2011, to June 30,
2012, inclusive, the amount of the refund shall be as follows:
(a) For project costs of less than ten million dollars, there shall be no refund;
(b) For project costs of ten or more million dollars but less than forty million dollars,
there shall be a refund of forty percent of the taxes paid;
(c) For project costs of forty or more million dollars but less than five hundred million
dollars, there shall be a refund of twenty-five percent of the taxes paid; and
(d) For project costs of five hundred million or more dollars, there shall be no refund;
When applying subdivision (2) of this section, all the project costs described in
subdivision (1) of this section shall be utilized to determine which refund subsection or
subsections apply in subdivision (2) of this section; and
(3) For project costs incurred before July 1, 2012, and paid after July 1, 2012, or for project
costs incurred and paid after June 30, 2012, the amount of the refund shall be as follows:
(a) For project costs of less than ten million dollars, there shall be no refund;
(b) For project costs of ten or more million dollars but less than forty million dollars,
there shall be a refund of forty percent of the taxes paid;
(c) For project costs of forty or more million dollars, there shall be no refund;
When applying subdivision (3) of this section, all the project costs described in
subdivisions (1) and (2) of this section shall be utilized to determine which refund
subsection or subsections apply in subdivision (3) of this section.
This section does not apply to any project that is a pipeline, railroad, power transmission line,
or other linear conveyance or transmission facility.
Section 12. That § 10-45B-8 be amended to read as follows:
10-45B-8. Any person issued a permit pursuant to this chapter shall submit a claim for refund
to the department no more frequently than on or before the last day of each month and no less
frequently than on or before the last day of each month following each calendar quarter. The
secretary shall determine and pay the amount of the tax refund within ninety days of receipt of the
claim for refund. Ninety-five percent of the amount of refund shall be paid to the claimant in
accordance with §§ 10-59-22 and 10-59-23, and five percent shall be withheld by the department.
No interest may be paid on the refund amount. If electronic funds transfer is available to the
secretary, the secretary shall pay the refund by electronic funds transfer if requested by the claimant.
The secretary shall pay the refund by electronic funds transfer.
Section 13. That § 10-45B-8.1 be repealed.
10-45B-8.1. No claim for refund pursuant to this chapter may be considered by the department
if the claim for refund is received after the following applicable time period:
(1) Twelve months after the thirty-six month time period of § 10-45B-4;
(2) Twelve months after the thirty-six month time period of § 10-45B-4.1 for projects with
project costs of sixty million dollars or less;
(3) Twelve months after the seventy-two month time period of § 10-45B-4.1 for projects with
project costs of more than sixty million dollars; or
(4) Twelve months after the extended time period of § 10-45B-4.1 for projects that have
obtained a time limit extension from the secretary.
Moreover, any such claim is barred from any future refund eligibility.
Section 14. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
No claim for refund pursuant to this chapter may be considered by the department if the claim
for refund is received twelve months after the thirty-six month time period of section 6 of this Act.
Moreover, any such claim is barred from any future refund eligibility.
Section 15. That § 10-45B-8.2 be repealed.
10-45B-8.2. No document or record in support of any claim for refund may be considered by the
department if the documents or records in support of any claim for refund are received after the
following applicable time period:
(1) Twelve months after the thirty-six month time period of § 10-45B-4;
(2) Twelve months after the thirty-six month time period of § 10-45B-4.1 for projects with
project costs of sixty million dollars or less;
(3) Twelve months after the seventy-two month time period of § 10-45B-4.1 for projects with
project costs of more than sixty million dollars; or
(4) Twelve months after the extended time period of § 10-45B-4.1 for projects that have
obtained a time limit extension from the secretary.
Moreover, any such document or record is barred from any future consideration.
However, if the department requests any additional document or record from the project owner
after a review of the claim for refund, and the request is made after the applicable time period
provided by this section has expired, the project owner has sixty days to provide the requested
document or record. No document or record received after this sixty-day period may be considered
by the department. Moreover, any such document or record is barred from any future consideration.
Section 16. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
No document or record in support of any claim for refund may be considered by the department
if the document or record in support of any claim for refund is received twelve months after the
thirty-six month time period of section 6 of this Act. Moreover, any such document or record is
barred from any future consideration.
However, if the department requests any additional document or record from the project owner
after a review of the claim for refund, and the request is made after the applicable time period
provided by this section has expired, the project owner has sixty days to provide the requested
document or record. No document or record received after this sixty-day period may be considered
by the department. Moreover, any such document or record is barred from any future consideration.
Section 17. That § 10-45B-8.3 be repealed.
10-45B-8.3. The provisions of §§ 10-45B-8.1 and 10-45B-8.2 apply to refunds for projects only
if the permit was applied for after June 30, 2009.
Section 18. That § 10-45B-9 be amended to read as follows:
10-45B-9. The amounts withheld by the department in accordance with § 10-45B-8 shall be
retained until the project has been completed and the claimant has met all the conditions of § 10-45B-4 or 10-45B-4.1 section 6 of this Act, at which time all sums retained shall be paid to claimant.
Section 19. That chapter 10-46C be repealed.
Section 20. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
The department shall transfer to the revolving economic development and initiative fund
established by § 1-16G-3 an amount equal to ten percent per fiscal year of the sales, use, and
contractors' excise taxes paid on projects receiving a refund under section 11 of this Act. The total
amount transferred pursuant to this section per fiscal year may not exceed ten million dollars."