BILL REQ. #:  H-3073.3 

Read first time 01/12/12.   Referred to Committee on Ways & Means.

     AN ACT Relating to providing a sales and use tax exemption for mobility enhancing equipment used by disabled veterans in vehicle adaptations; amending RCW 82.08.0283 and 82.12.0277; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 82.08.0283 and 2007 c 6 s 1101 are each amended to read as follows:
     (1) The tax levied by RCW 82.08.020 ((shall)) does not apply to sales of:
     (a) Prosthetic devices prescribed, fitted, or furnished for an individual by a person licensed under the laws of this state to prescribe, fit, or furnish prosthetic devices, and the components of such prosthetic devices;
     (b) Medicines of mineral, animal, and botanical origin prescribed, administered, dispensed, or used in the treatment of an individual by a person licensed under chapter 18.36A RCW; and
     (c) Medically prescribed oxygen, including, but not limited to, oxygen concentrator systems, oxygen enricher systems, liquid oxygen systems, and gaseous, bottled oxygen systems prescribed for an individual by a person licensed under chapter 18.57 or 18.71 RCW for use in the medical treatment of that individual.
     (2) In addition, the tax levied by RCW 82.08.020 ((shall)) does not apply to charges made for labor and services rendered in respect to the repairing, cleaning, altering, or improving of any of the items exempted under subsection (1) of this section.
     (3) The exemption in subsection (1) of this section ((shall)) does not apply to sales of durable medical equipment, other than as specified in subsection (1)(c) of this section, or mobility enhancing equipment other than as specified in subsection (4) of this section.
     (4) The tax levied by RCW 82.08.020 does not apply to sales of mobility enhancing equipment for use in a motor vehicle registered to a disabled veteran or to charges made for labor and services rendered in respect to the repairing, cleaning, altering, or improving of mobility enhancing equipment exempted under this subsection.
     (((4))) (5) The definitions in this subsection apply throughout this section.
     (a) "Prosthetic device" means a replacement, corrective, or supportive device, including repair and replacement parts for a prosthetic device, worn on or in the body to:
     (i) Artificially replace a missing portion of the body;
     (ii) Prevent or correct a physical deformity or malfunction; or
     (iii) Support a weak or deformed portion of the body.
     (b) "Durable medical equipment" means equipment, including repair and replacement parts for durable medical equipment that:
     (i) Can withstand repeated use;
     (ii) Is primarily and customarily used to serve a medical purpose;
     (iii) Generally is not useful to a person in the absence of illness or injury; and
     (iv) Is not worn in or on the body.
     (c) "Mobility enhancing equipment" means equipment, including repair and replacement parts for mobility enhancing equipment that:
     (i) Is primarily and customarily used to provide or increase the ability to move from one place to another and that is appropriate for use either in a home or a motor vehicle;
     (ii) Is not generally used by persons with normal mobility; and
     (iii) Does not include any motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer.
     (d) The terms "durable medical equipment" and "mobility enhancing equipment" are mutually exclusive.
     (e) "Disabled veteran" means a "veteran" as defined in RCW 41.04.005, who:
     (i) Has a one hundred percent service-connected disability; and
     (ii) Meets the income requirements under RCW 84.36.381.

Sec. 2   RCW 82.12.0277 and 2007 c 6 s 1102 are each amended to read as follows:
     (1) The provisions of this chapter ((shall)) do not apply in respect to the use of:
     (a) Prosthetic devices prescribed, fitted, or furnished for an individual by a person licensed under the laws of this state to prescribe, fit, or furnish prosthetic devices, and the components of such prosthetic devices;
     (b) Medicines of mineral, animal, and botanical origin prescribed, administered, dispensed, or used in the treatment of an individual by a person licensed under chapter 18.36A RCW; and
     (c) Medically prescribed oxygen, including, but not limited to, oxygen concentrator systems, oxygen enricher systems, liquid oxygen systems, and gaseous, bottled oxygen systems prescribed for an individual by a person licensed under chapter 18.57 or 18.71 RCW for use in the medical treatment of that individual.
     (2) In addition, the provisions of this chapter ((shall)) do not apply in respect to the use of labor and services rendered in respect to the repairing, cleaning, altering, or improving of any of the items exempted under subsection (1) of this section.
     (3) The exemption provided by subsection (1) of this section ((shall)) does not apply to the use of durable medical equipment, other than as specified in subsection (1)(c) of this section, or mobility enhancing equipment other than as specified in subsection (4) of this section.
     (4) The provisions of this chapter do not apply in respect to the use of mobility enhancing equipment for use in a motor vehicle registered to a disabled veteran or to the use of labor and services rendered in respect to the repairing, cleaning, altering, or improving of mobility enhancing equipment exempted under this subsection.
     (((4))) (5) "Prosthetic device," "durable medical equipment," ((and)) "mobility enhancing equipment," and "disabled veteran" have the same meanings as in RCW 82.08.0283.

NEW SECTION.  Sec. 3   This act takes effect July 1, 2012.