SB 339-1_ Filed 02/26/2008, 06:35 Micon

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Text Box

    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER

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[

HOUSE MOTION ____

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MR. SPEAKER:

    I move that Engrossed Senate Bill 339 be amended to read as follows:

SOURCE: Page 6, line 30; (08)MO033901.6. -->     Page 6, between lines 30 and 31, begin a new paragraph and insert:

SOURCE: IC 6-6-2.5-30.5; (08)MO033901.3. -->     "SECTION 3. IC 6-6-2.5-30.5, AS ADDED BY P.L.33-2007, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2008 (RETROACTIVE)]: Sec. 30.5. (a) Except as provided in subsection (b), special fuel is exempt from the special fuel tax if:
        (1) the special fuel has a nominal biodiesel content of at least twenty percent (20%);
        (2) the special fuel is used only for a personal, noncommercial use and is not for resale; and
        (3) the individual using the special fuel:
            (A) produces the biodiesel content of the special fuel; and
            (B) obtains an exemption certificate under subsection (c) before using the special fuel.
    (b) The maximum number of gallons of special fuel for which An individual may claim the exemption under this section in a for not more than five thousand (5,000) gallons of special fuel per year. is equal to:
        (1) two thousand (2,000); divided by
        (2) the average percentage volume of biodiesel in each gallon used by the individual.
    (c) The department shall issue an exemption certificate to an individual who produces evidence of nontaxability under subsection (a)(1), (a)(2), and (a)(3). A certificate issued under this subsection is

valid for a period determined by the department, but not to exceed five (5) years. The department may allow an individual to renew an exemption certification for additional five (5) year periods. An exemption certificate applies only to special fuel described in subsection (a). An individual holding a certificate issued under this subsection shall notify the department:
        (1) of any address change by the individual; and
        (2) when the individual ceases using special fuel that is exempt under this section.
    (d) An individual who is issued an exemption certificate under this section must submit to the department a report, in a form prescribed by the department, not later than January 20 of each year. The report must include:
        (1) the number of gallons of special fuel in the immediately preceding year; and
        (2) the average percentage volume of biodiesel in each gallon of special fuel;
include the number of gallons of special fuel to which the exemption was applied in the calendar year ending on the immediately preceding December 31.
    (e) An individual who is issued an exemption certificate under this section is not subject to the reporting requirements under section 35 of this chapter.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 339 as printed February 22, 2008.)

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