SSB 5009 -
By Representative Hunter
ADOPTED 04/18/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 82.08.865 and 2006 c 7 s 1 are each amended to read
as follows:
(1) The tax levied by RCW 82.08.020 does not apply to sales of
diesel fuel, biodiesel fuel, or aircraft fuel ((as defined in RCW
82.42.010(5))), to a farm fuel user for nonhighway use. This exemption
applies to a fuel blend if all of the component fuels of the blend
would otherwise be exempt under this subsection if the component fuels
were sold as separate products. This exemption is available only if
the buyer provides the seller with an exemption certificate in a form
and manner prescribed by the department. Fuel used for space or water
heating for human habitation is not exempt under this section.
(2) The definitions in RCW 82.04.213 and this subsection apply to
this section.
(a) "Aircraft fuel" is defined as provided in RCW 82.42.010.
(b) "Biodiesel fuel" is defined as provided in RCW 19.112.010.
(c) "Diesel fuel" is defined as provided in 26 U.S.C. 4083, as
amended or renumbered as of January 1, 2006.
(((b))) (d) "Farm fuel user" means: (i) A farmer; or (ii) a person
who provides horticultural services for farmers, such as soil
preparation services, crop cultivation services, and crop harvesting
services.
Sec. 2 RCW 82.12.865 and 2006 c 7 s 2 are each amended to read as
follows:
(1) The provisions of this chapter do not apply with respect to the
nonhighway use of diesel fuel, biodiesel fuel, or aircraft fuel ((as
defined in RCW 82.42.010(5))), by a farm fuel user. This exemption
applies to a fuel blend if all of the component fuels of the blend
would otherwise be exempt under this subsection if the component fuels
were acquired as separate products. Fuel used for space or water
heating for human habitation is not exempt under this section.
(2) The definitions in RCW 82.08.865 apply to this section.
NEW SECTION. Sec. 3 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately."
EFFECT: Clarifies that the sales and use tax exemption applies to biodiesel fuel blends.