1276oa

     On the House engrossed bill, delete everything after the enacting clause and insert:

     "      Section 1. That § 10-45B-1.1 be amended to read as follows:

     10-45B-1.1.   For the purposes of this chapter, the term, new business facility, means a new building or structure or the expansion of an existing building or structure, including a power generation facility, the construction of which is subject to the contractor's excise tax pursuant to chapter 10-46A or 10-46B. A new business facility does not include any building or structure:

             (1)      Used predominantly for the sale of products at retail, other than the sale of electricity at retail, to individual consumers;

             (2)      Used predominantly for residential housing or transient lodging;

             (3)      Used predominantly to provide health care services; or

             (4)      That is not subject to ad valorem real property taxation or equivalent taxes measured by gross receipts ; or

             (5)    That is a pipeline, railroad, power transmission line, or other linear conveyance or transmission facility .

     Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of section 1 of this Act do not apply to any project where the permit is granted by the department and construction date of the project occurs before July 1, 2009."