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                                                      PRINTER'S NO. 2183

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1687 Session of 2005


        INTRODUCED BY ELLIS, HUTCHINSON, ARMSTRONG, BALDWIN, BOYD,
           CAPPELLI, CAUSER, CRAHALLA, DALLY, DENLINGER, FICHTER, GRELL,
           KAUFFMAN, M. KELLER, KILLION, LEDERER, LEH, MAITLAND,
           McILHATTAN, METCALFE, MILLARD, MUSTIO, PICKETT, PYLE,
           QUIGLEY, REED, REICHLEY, B. SMITH, R. STEVENSON, TURZAI,
           SAINATO, RUBLEY, GERGELY AND LaGROTTA, JUNE 14, 2005

        REFERRED TO COMMITTEE ON FINANCE, JUNE 14, 2005

                                     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 providing for exclusion from the sales
    11     tax.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 204 of the act of March 4, 1971 (P.L.6,
    15  No.2), known as the Tax Reform Code of 1971, is amended by
    16  adding a clause to read:
    17     Section 204.  Exclusions from Tax.--The tax imposed by
    18  section 202 shall not be imposed upon any of the following:
    19     * * *
    20     (65)  The sale at retail or use of a clothes washer,


     1  dishwasher, refrigerator, room air conditioner and ceiling fan
     2  purchased during the exclusion period by an individual purchaser
     3  for nonbusiness use; provided the property qualifies as an
     4  "Energy Star" product pursuant to the United States
     5  Environmental Protection Agency Energy Star Program as evidenced
     6  by the property bearing an "Energy Star" label. The exclusion
     7  does not include the leasing, rental, repair or servicing of
     8  this property. For purposes of this clause, the phrase
     9  "exclusion period" means the first two full calendar weeks of
    10  October for the fiscal year 2005-2006. For purposes of this
    11  clause, "purchaser" means an individual who places an order and
    12  pays the purchase price by cash or credit during the exclusion
    13  period even if delivery takes place after the exclusion period.
    14     Section 2.  This act shall take effect immediately.











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