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                                                       PRINTER'S NO. 521

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 443 Session of 2003


        INTRODUCED BY NAILOR, VANCE, CAWLEY, MARSICO, BAKER, BARRAR,
           BELFANTI, CAPPELLI, CIVERA, CLYMER, CORNELL, COY, CRUZ,
           DALLY, EGOLF, FORCIER, FREEMAN, GABIG, GEIST, GEORGE, HARHAI,
           HERMAN, HORSEY, LAUGHLIN, LEDERER, LEH, McCALL, McNAUGHTON,
           S. MILLER, MYERS, READSHAW, ROEBUCK, ROHRER, RUBLEY, SAINATO,
           SATHER, SHANER, STABACK, T. STEVENSON, E. Z. TAYLOR, WATSON,
           YEWCIC, YOUNGBLOOD AND ZUG, FEBRUARY 25, 2003

        REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 25, 2003

                                     AN ACT

     1  Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
     2     act relating to tax reform and State taxation by codifying
     3     and enumerating certain subjects of taxation and imposing
     4     taxes thereon; providing procedures for the payment,
     5     collection, administration and enforcement thereof; providing
     6     for tax credits in certain cases; conferring powers and
     7     imposing duties upon the Department of Revenue, certain
     8     employers, fiduciaries, individuals, persons, corporations
     9     and other entities; prescribing crimes, offenses and
    10     penalties," further defining "building maintenance or
    11     cleaning services" for purposes of sales and use tax.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 201(aa) of the act of March 4, 1971
    15  (P.L.6, No.2), known as the Tax Reform Code of 1971, amended May
    16  24, 2000 (P.L.106, No.23), is amended to read:
    17     Section 201.  Definitions.--The following words, terms and
    18  phrases when used in this Article II shall have the meaning
    19  ascribed to them in this section, except where the context
    20  clearly indicates a different meaning:

     1     * * *
     2     (aa)  "Building maintenance or cleaning services."  Providing
     3  services to nonresidential buildings or structures which
     4  include, but are not limited to, janitorial, maid or
     5  housekeeping service, office or interior building cleaning or
     6  maintenance service, window cleaning service, floor waxing
     7  service, lighting maintenance service such as bulb replacement,
     8  cleaning, chimney cleaning service, acoustical tile cleaning
     9  service, venetian blind cleaning, cleaning and maintenance of
    10  telephone booths or cleaning and degreasing of service stations.
    11  This term shall not include repairs on buildings and other
    12  structures; nor shall this term include the maintenance or
    13  repair of boilers, furnaces and residential air conditioning
    14  equipment or parts thereof; the painting, wallpapering or
    15  applying other like coverings to interior walls, ceilings or
    16  floors; or the exterior painting of buildings.
    17     * * *
    18     Section 2.  This act shall take effect in 60 days.








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