SB 541-2_ Filed 02/02/2009, 10:16 Hershman
SENATE MOTION
MADAM PRESIDENT:
I move
that Senate Bill 541 be amended to read as follows:
SOURCE: Page 5, line 35; (09)MO054103.5. -->
Page 5, between lines 35 and 36, begin a new paragraph and insert:
SOURCE: IC 6-2.5-7-10; (09)MO054103.4. -->
"SECTION 4. IC 6-2.5-7-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2010]: Sec. 10. (a) Each
refiner or terminal operator and each qualified distributor that has
received a prepayment of the state gross retail tax under this chapter
shall remit the tax received to the department semimonthly, through
the department's online tax filing system, according to the following
schedule:
(1) On or before the tenth day of each month for prepayments
received after the fifteenth day and before the end of the
preceding month.
(2) On or before the twenty-fifth day of each month for
prepayments received after the end of the preceding month and
before the sixteenth day of the month in which the prepayments
are made.
(b) Before the end of each month, each refiner or terminal operator
and each qualified distributor shall file a report covering the prepaid
taxes received and the gallons of gasoline sold or shipped during the
preceding month. The report must include the following:
(1) The number of gallons of gasoline sold or shipped during the
preceding month, identifying each purchaser or receiver as
required by the department.
(2) The amount of tax prepaid by each purchaser or receiver.
(3) Any other information reasonably required by the department.
SOURCE: IC 6-2.5-7-14; (09)MO054103.5. -->
SECTION 5. IC 6-2.5-7-14, AS AMENDED BY P.L.176-2006,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
APRIL 1, 2009 (RETROACTIVE)]: Sec. 14. (a) Before
March 10,
June 10,
September 10, and December 10 of each year, the department
shall determine and provide to:
(1) each refiner and terminal operator and each qualified
distributor known to the department to be required to collect
prepayments of the state gross retail tax under this chapter; and
(2) any other person that makes a request;
a notice of the prepayment rate to be used during the following six (6)
three (3) month period. The department shall also have the prepayment
rate published in the June and December issues of the Indiana Register.
The department, after approval by the office of management and
budget, may determine a new prepayment rate if the department
finds that the statewide average retail price per gallon of gasoline,
excluding the Indiana and federal gasoline taxes and the Indiana
gross retail tax, has changed by at least twenty-five percent (25%)
since the most recent determination.
(b) In determining the prepayment rate under this section, the
department shall use the most recent retail price of gasoline available
to the department.
(c) The prepayment rate per gallon of gasoline determined by the
department under this section is the amount per gallon of gasoline
determined under STEP FOUR of the following formula:
STEP ONE: Determine the statewide average retail price per
gallon of gasoline, excluding the Indiana and federal gasoline
taxes and the Indiana gross retail tax.
STEP TWO: Determine the product of the following:
(A) The STEP ONE amount.
(B) The Indiana gross retail tax rate.
(C) Ninety Eighty percent (90%). (80%).
STEP THREE: Determine the lesser of:
(A) the STEP TWO result; or
(B) the product of:
(i) the prepayment rate in effect on the day immediately
preceding the day on which the prepayment rate is
redetermined under this section; multiplied by
(ii) one hundred twenty-five percent (125%).
STEP FOUR: Round the STEP THREE result to the nearest
one-tenth of one cent ($0.001).".
SOURCE: Page 60, line 4; (09)MO054103.60. -->
Page 60, line 4, after "quarry" insert " or mine".
Page 60, line 10, delete "." and insert " or mine.".
Page 78, between lines 33 and 34, begin a new paragraph and insert:
SOURCE: ; (09)MO054103.65. -->
"SECTION 65. [EFFECTIVE JANUARY 1, 2009
(RETROACTIVE)] (a) A prepayment rate determined by the
department under IC 6-2.5-7-14, as amended by this act, that took
effect after December 31, 2008, is hereby legalized and validated.
(b) This SECTION expires December 31, 2009.".
Renumber all SECTIONS consecutively.
(Reference is to SB 541 as printed January 30, 2009.)
________________________________________
Senator HERSHMAN