H2556B3862A09945 AJM:EJH 10/04/18 #90 A09945
AMENDMENTS TO HOUSE BILL NO. 2556
Sponsor: REPRESENTATIVE SANKEY
Printer's No. 3862
Amend Bill, page 2, lines 1 through 14, by striking out all
of said lines and inserting
(ddd) "Financial institution." An institution or licensee
as defined by the act of May 15, 1933 (P.L.565, No.111), known
as the Department of Banking and Securities Code, or a similar
institution or licensee doing business in Pennsylvania subject
to supervision by a regulatory authority of the Federal
Government, another state or a foreign country.
(eee) "Canned software." Computer software that is
available for sale to the general public, or a substantial and
indefinite class of similarly situated persons, that can be used
as-is without the purchase of professional services, including
but not limited to programming, systems design, facilities
management, information retrieval, data preparation or
processing, communication, data or computer processing,
accounting, appraisal, legal, engineering, architectural or
other services from the vendor that supplies the software.
(fff) "Custom software." Computer software that is not
canned software, including modifications made to canned software
to facilitate its use by a purchaser if there is a separately
stated purchase price for the modifications.
Amend Bill, page 2, line 21, by inserting after "software,"
which is
Amend Bill, page 2, line 22, by striking out "incident" and
inserting
incidental
Amend Bill, page 3, lines 2 through 22, by striking out all
of said lines and inserting
(72) The sale at retail or use of systems, devices and
equipment, and their components, installed in a building and
utilized by a financial institution for its protection or
convenience in conducting financial transactions, provided that
both of the following are satisfied:
2018/90AJM/HB2556A09945 - 1 -
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
28
29
30
31
32
33
(A) The systems, devices, equipment or components:
(i) are installed by a contractor or the contractor's
designee; or
(ii) after installation are repaired, altered or maintained
on-site by a contractor; or
(iii) are removed from the installation site by a contractor
for repair or maintenance and returned to the installation site
by the contractor.
(B) The systems, devices, equipment or components are
attached or affixed to real estate by means of:
(i) a hook, bolt, screw, nail or other similar method; or
(ii) insertion through a building wall or floor, or mounting
it upon a specially prepared foundation, the removal of which
may result in damage to the real estate; or
(iii) wire which is integrated into an electrical system.
A contractor engaged in the installation, repair or maintenance
of systems, devices, equipment or components that is subject to
the exclusion under this paragraph shall be deemed to be a
construction contractor pursuant to a construction contract
engaged in the use of tangible personal property or services
under section 201(o)(17) regardless of the method, or
permanence, of attachment of the systems, devices, equipment or
components, to real property.
Amend Bill, page 3, by inserting between lines 27 and 28
Section 3. The addition of section 204(72) of the act shall
be construed and read in pari materia with 61 Pa. Code ยง 46.9.
Section 4. The addition of section 204(71), (72) and (73)
shall apply to transactions that occur on or after the effective
date of this act.
Amend Bill, page 3, line 28, by striking out "3" and
inserting
5
2018/90AJM/HB2556A09945 - 2 -
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
28
29
30
31
32