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LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: R.L. Rockwell 6 6 01-27-11 10:40 AM 6 S.B. 132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SALES AND USE TAX EXEMPTION
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HIGH COLLECTION PENALTIES. Sales and use tax exemption for fuel sold by public utilities. (1) Except as expressly provided in this Section, nothing in this bill shall authorize a sales or use tax under this article on any fuel that is not sold by a public utility, and all such sales or uses of fuel are prohibited as provided in this section. (3) As used in this subdivision (3): (A) “Energy efficient stove fuel” means fuel, not containing a significant amount of an energy-producing substance, which is suitable for use as a heat source for heating a dwelling. (B) “Heat source” means a stove, oven, or appliance using liquid, gaseous, or solid fuel to heat a dwelling. (4) (A) The tax imposed by this section shall be levied and collected at the rate of 1.00 per gallon of fuel sold or used at retail in this State. The taxes specified in this section shall be imposed on all fuel sold, or used, at retail. (B) If fuel sold or used by a nonprofit organization or an individual or legal entity that is exempt from, or not subject to, all State income taxes, an agency of this State, an agency of a municipality or county, or any state educational institution is exempt from, or not subject to, all taxes imposed by this section. © Notwithstanding subparagraph (A) or subparagraph (B) of this paragraph (4), the rate per gallon of fuel taxed under this section, if not less than the state excise tax rate, as specified in Section 678.

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