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                                                       PRINTER'S NO. 242

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 220 Session of 1997


        INTRODUCED BY CURRY, READSHAW, GEORGE, COY, GORDNER, LYNCH,
           OLASZ, RUBLEY, WALKO, LEH, BUNT, FEESE, FAIRCHILD, VAN HORNE,
           SATHER, MILLER, ADOLPH, SCHRODER, REBER, STABACK, FLICK,
           DeLUCA, WOGAN, SAYLOR, MELIO, HERMAN, LEVDANSKY, STERN,
           CARONE, CORPORA, L. I. COHEN, C. WILLIAMS AND ROONEY,
           FEBRUARY 4, 1997

        REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 4, 1997

                                     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," repealing certain provisions imposing sales and
    11     use tax on lawn care services.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 201(b), (f), (g), (k), (o) and (jj) of
    15  the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
    16  Code of 1971, amended or added August 4, 1991 (P.L.97, No.22)
    17  and December 13, 1991 (P.L.373, No.40), are amended to read:
    18     Section 201.  Definitions.--The following words, terms and
    19  phrases when used in this Article II shall have the meaning
    20  ascribed to them in this section, except where the context


     1  clearly indicates a different meaning:
     2     * * *
     3     (b)  "Maintaining a place of business in this Commonwealth."
     4     (1)  Having or maintaining within this Commonwealth, directly
     5  or by a subsidiary, an office, distribution house, sales house,
     6  warehouse, service enterprise or other place of business, or any
     7  agent of general or restricted authority irrespective of whether
     8  the place of business or agent is located here permanently or
     9  temporarily or whether the person or subsidiary maintaining such
    10  place of business or agent is authorized to do business within
    11  this Commonwealth; or
    12     (2)  The engaging in any activity as a business within this
    13  Commonwealth by any person, directly or by a subsidiary, in
    14  connection with the lease, sale or delivery of tangible personal
    15  property or the performance of services thereon for use, storage
    16  or consumption or in connection with the sale or delivery for
    17  use of the services described in subclauses (11) through (16)
    18  and (18) of clause (k) of this section, including, but not
    19  limited to, having, maintaining or using any office,
    20  distribution house, sales house, warehouse or other place of
    21  business, any stock of goods or any solicitor, salesman, agent
    22  or representative under its authority, at its direction or with
    23  its permission, regardless of whether the person or subsidiary
    24  is authorized to do business in this Commonwealth.
    25     (3)  Regularly or substantially soliciting orders within this
    26  Commonwealth in connection with the lease, sale or delivery of
    27  tangible personal property to or the performance thereon of
    28  services or in connection with the sale or delivery of the
    29  services described in subclauses (11) through (16) and (18) of
    30  clause (k) of this section for residents of this Commonwealth by
    19970H0220B0242                  - 2 -

     1  means of catalogues or other advertising, whether such orders
     2  are accepted within or without this Commonwealth.
     3     * * *
     4     (f)  "Purchase at retail."
     5     (1)  The acquisition for a consideration of the ownership,
     6  custody or possession of tangible personal property other than
     7  for resale by the person acquiring the same when such
     8  acquisition is made for the purpose of consumption or use,
     9  whether such acquisition shall be absolute or conditional, and
    10  by whatsoever means the same shall have been effected.
    11     (2)  The acquisition of a license to use or consume, and the
    12  rental or lease of tangible personal property, other than for
    13  resale regardless of the period of time the lessee has
    14  possession or custody of the property.
    15     (3)  The obtaining for a consideration of those services
    16  described in subclauses (2), (3) and (4) of clause (k) of this
    17  section other than for resale.
    18     (4)  A retention after March 7, 1956, of possession, custody
    19  or a license to use or consume pursuant to a rental contract or
    20  other lease arrangement (other than as security), other than for
    21  resale.
    22     (5)  The obtaining for a consideration of those services
    23  described in subclauses (11) through (16) and (18) of clause (k)
    24  of this section.
    25     The term "purchase at retail" with respect to "liquor" and
    26  "malt or brewed beverages" shall include the purchase of
    27  "liquor" from any "Pennsylvania Liquor Store" by any person for
    28  any purpose, and the purchase of "malt or brewed beverages" from
    29  a "manufacturer of malt or brewed beverages," "distributor" or
    30  "importing distributor" by any person for any purpose, except
    19970H0220B0242                  - 3 -

     1  purchases from a "manufacturer of malt or brewed beverages" by a
     2  "distributor" or "importing distributor" or purchases from an
     3  "importing distributor" by a "distributor" within the meaning of
     4  the "Liquor Code." The term "purchase at retail" shall not
     5  include any purchase of "malt or brewed beverages" from a
     6  "retail dispenser" or any purchase of "liquor" or "malt or
     7  brewed beverages" from a person holding a "retail liquor
     8  license" within the meaning of and pursuant to the provisions of
     9  the "Liquor Code," but shall include any purchase or acquisition
    10  of "liquor" or "malt or brewed beverages" other than pursuant to
    11  the provisions of the "Liquor Code."
    12     (g)  "Purchase price."
    13     (1)  The total value of anything paid or delivered, or
    14  promised to be paid or delivered, whether it be money or
    15  otherwise, in complete performance of a sale at retail or
    16  purchase at retail, as herein defined, without any deduction on
    17  account of the cost or value of the property sold, cost or value
    18  of transportation, cost or value of labor or service, interest
    19  or discount paid or allowed after the sale is consummated, any
    20  other taxes imposed by the Commonwealth of Pennsylvania or any
    21  other expense except that there shall be excluded any gratuity
    22  or separately stated deposit charge for returnable containers.
    23     (2)  There shall be deducted from the purchase price the
    24  value of any tangible personal property actually taken in trade
    25  or exchange in lieu of the whole or any part of the purchase
    26  price. For the purpose of this clause, the amount allowed by
    27  reason of tangible personal property actually taken in trade or
    28  exchange shall be considered the value of such property.
    29     (3)  In determining the purchase price on the sale or use of
    30  taxable tangible personal property or a service described in
    19970H0220B0242                  - 4 -

     1  subclauses (11) through (16) and (18) of clause (k) of this
     2  section where, because of affiliation of interests between the
     3  vendor and purchaser, or irrespective of any such affiliation,
     4  if for any other reason the purchase price declared by the
     5  vendor or taxpayer on the taxable sale or use of such tangible
     6  personal property or service is, in the opinion of the
     7  department, not indicative of the true value of the article or
     8  service or the fair price thereof, the department shall,
     9  pursuant to uniform and equitable rules, determine the amount of
    10  constructive purchase price upon the basis of which the tax
    11  shall be computed and levied. Such rules shall provide for a
    12  constructive amount of purchase price for each such sale or use
    13  which would naturally and fairly be charged in an arms-length
    14  transaction in which the element of common interest between the
    15  vendor or purchaser is absent or if no common interest exists,
    16  any other element causing a distortion of the price or value is
    17  likewise absent. For the purpose of this clause where a taxable
    18  sale or purchase at retail transaction occurs between a parent
    19  and a subsidiary, affiliate or controlled corporation of such
    20  parent corporation, there shall be a rebuttable presumption,
    21  that because of such common interest such transaction was not at
    22  arms-length.
    23     (4)  Where there is a transfer or retention of possession or
    24  custody, whether it be termed a rental, lease, service or
    25  otherwise, of tangible personal property including, but not
    26  limited to linens, aprons, motor vehicles, trailers, tires,
    27  industrial office and construction equipment, and business
    28  machines the full consideration paid or delivered to the vendor
    29  or lessor shall be considered the purchase price, even though
    30  such consideration be separately stated and be designated as
    19970H0220B0242                  - 5 -

     1  payment for processing, laundering, service, maintenance,
     2  insurance, repairs, depreciation or otherwise. Where the vendor
     3  or lessor supplies or provides an employe to operate such
     4  tangible personal property, the value of the labor thus supplied
     5  may be excluded and shall not be considered as part of the
     6  purchase price if separately stated. There shall also be
     7  included as part of the purchase price the value of anything
     8  paid or delivered, or promised to be paid or delivered by a
     9  lessee, whether it be money or otherwise, to any person other
    10  than the vendor or lessor by reason of the maintenance,
    11  insurance or repair of the tangible personal property which a
    12  lessee has the possession or custody of under a rental contract
    13  or lease arrangement.
    14     (5)  With respect to the tax imposed by subsection (b) of
    15  section 202 upon any tangible personal property originally
    16  purchased by the user of such property six months or longer
    17  prior to the first taxable use of such property within the
    18  Commonwealth, such user may elect to pay tax on a substituted
    19  base determined by considering the purchase price of such
    20  property for tax purposes to be equal to the prevailing market
    21  price of similar tangible personal property at the time and
    22  place of such first use within the Commonwealth. Such election
    23  must be made at the time of filing a tax return with the
    24  department and reporting such tax liability and paying the
    25  proper tax due plus all accrued penalties and interest, if there
    26  be any, within six months of the due date of such report and
    27  payment, as provided for by subsections (a) and (c) of section
    28  217 of this article.
    29     (6)  The purchase price of employment agency services and
    30  help supply services shall be the service fee paid by the
    19970H0220B0242                  - 6 -

     1  purchaser to the vendor or supplying entity. The term "service
     2  fee," as used in this subclause, shall be the total charge or
     3  fee of the vendor or supplying entity minus the costs of the
     4  supplied employe which costs are wages, salaries, bonuses and
     5  commissions, employment benefits, expense reimbursements and
     6  payroll and withholding taxes, to the extent that these costs
     7  are specifically itemized or that these costs in aggregate are
     8  stated in billings from the vendor or supplying entity. To the
     9  extent that these costs are not itemized or stated on the
    10  billings, then the service fee shall be the total charge or fee
    11  of the vendor or supplying entity.
    12     (7)  Unless the vendor separately states that portion of the
    13  billing which applies to premium cable service as defined in
    14  clause (ll) of this section, the total bill for the provision of
    15  all cable services shall be the purchase price.
    16     * * *
    17     (k)  "Sale at retail."
    18     (1)  Any transfer, for a consideration, of the ownership,
    19  custody or possession of tangible personal property, including
    20  the grant of a license to use or consume whether such transfer
    21  be absolute or conditional and by whatsoever means the same
    22  shall have been effected.
    23     (2)  The rendition of the service of printing or imprinting
    24  of tangible personal property for a consideration for persons
    25  who furnish, either directly or indirectly the materials used in
    26  the printing or imprinting.
    27     (3)  The rendition for a consideration of the service of--
    28     (i)  Washing, cleaning, waxing, polishing or lubricating of
    29  motor vehicles of another, whether or not any tangible personal
    30  property is transferred in conjunction therewith; and
    19970H0220B0242                  - 7 -

     1     (ii)  Inspecting motor vehicles pursuant to the mandatory
     2  requirements of "The Vehicle Code."
     3     (4)  The rendition for a consideration of the service of
     4  repairing, altering, mending, pressing, fitting, dyeing,
     5  laundering, drycleaning or cleaning tangible personal property
     6  other than wearing apparel or shoes, or applying or installing
     7  tangible personal property as a repair or replacement part of
     8  other tangible personal property except wearing apparel or shoes
     9  for a consideration, whether or not the services are performed
    10  directly or by any means other than by coin-operated self-
    11  service laundry equipment for wearing apparel or household goods
    12  and whether or not any tangible personal property is transferred
    13  in conjunction therewith, except such services as are rendered
    14  in the construction, reconstruction, remodeling, repair or
    15  maintenance of real estate: Provided, however, That this
    16  subclause shall not be deemed to impose tax upon such services
    17  in the preparation for sale of new items which are excluded from
    18  the tax under clause (26) of section 204, or upon diaper
    19  service.
    20     (8)  Any retention of possession, custody or a license to use
    21  or consume tangible personal property or any further obtaining
    22  of services described in subclauses (2), (3) and (4) of this
    23  clause pursuant to a rental or service contract or other
    24  arrangement (other than as security).
    25     The term "sale at retail" shall not include (i) any such
    26  transfer of tangible personal property or rendition of services
    27  for the purpose of resale, or (ii) such rendition of services or
    28  the transfer of tangible personal property including, but not
    29  limited to, machinery and equipment and parts therefor and
    30  supplies to be used or consumed by the purchaser directly in the
    19970H0220B0242                  - 8 -

     1  operations of--
     2     (A)  The manufacture of tangible personal property;
     3     (B)  Farming, dairying, agriculture, horticulture or
     4  floriculture when engaged in as a business enterprise. The term
     5  "farming" shall include the propagation and raising of ranch
     6  raised fur-bearing animals and the propagation of game birds for
     7  commercial purposes by holders of propagation permits issued
     8  under 34 Pa.C.S. (relating to game);
     9     (C)  The producing, delivering or rendering of a public
    10  utility service, or in constructing, reconstructing, remodeling,
    11  repairing or maintaining the facilities which are directly used
    12  in producing, delivering or rendering such service;
    13     (D)  Processing as defined in clause (d) of this section.
    14     The exclusions provided in paragraphs (A), (B), (C) and (D)
    15  shall not apply to any vehicle required to be registered under
    16  The Vehicle Code, except those vehicles used directly by a
    17  public utility engaged in business as a common carrier; to
    18  maintenance facilities; or to materials, supplies or equipment
    19  to be used or consumed in the construction, reconstruction,
    20  remodeling, repair or maintenance of real estate other than
    21  directly used machinery, equipment, parts or foundations
    22  therefor that may be affixed to such real estate.
    23     The exclusions provided in paragraphs (A), (B), (C) and (D)
    24  shall not apply to tangible personal property or services to be
    25  used or consumed in managerial sales or other nonoperational
    26  activities, nor to the purchase or use of tangible personal
    27  property or services by any person other than the person
    28  directly using the same in the operations described in
    29  paragraphs (A), (B), (C) and (D) herein.
    30     The exclusion provided in paragraph (C) shall not apply to
    19970H0220B0242                  - 9 -

     1  (i) construction materials, supplies or equipment used to
     2  construct, reconstruct, remodel, repair or maintain facilities
     3  not used directly by the purchaser in the production, delivering
     4  or rendition of public utility service, (ii) construction
     5  materials, supplies or equipment used to construct, reconstruct,
     6  remodel, repair or maintain a building, road or similar
     7  structure, or (iii) tools and equipment used but not installed
     8  in the maintenance of facilities used directly in the
     9  production, delivering or rendition of a public utility service.
    10     The exclusions provided in paragraphs (A), (B), (C) and (D)
    11  shall not apply to the services enumerated in clauses (k)(11)
    12  through (16) and (18) and (w) through (ii) and (kk), except that
    13  the exclusion provided in this subclause for farming, dairying
    14  and agriculture shall apply to the service enumerated in clause
    15  (z).
    16     (9)  Where tangible personal property or services are
    17  utilized for purposes constituting a "sale at retail" and for
    18  purposes excluded from the definition of "sale at retail," it
    19  shall be presumed that such tangible personal property or
    20  services are utilized for purposes constituting a "sale at
    21  retail" and subject to tax unless the user thereof proves to the
    22  department that the predominant purposes for which such tangible
    23  personal property or services are utilized do not constitute a
    24  "sale at retail."
    25     (10)  The term "sale at retail" with respect to "liquor" and
    26  "malt or brewed beverages" shall include the sale of "liquor" by
    27  any "Pennsylvania liquor store" to any person for any purpose,
    28  and the sale of "malt or brewed beverages" by a "manufacturer of
    29  malt or brewed beverages," "distributor" or "importing
    30  distributor" to any person for any purpose, except sales by a
    19970H0220B0242                 - 10 -

     1  "manufacturer of malt or brewed beverages" to a "distributor" or
     2  "importing distributor" or sales by an "importing distributor"
     3  to a "distributor" within the meaning of the "Liquor Code." The
     4  term "sale at retail" shall not include any sale of "malt or
     5  brewed beverages" by a "retail dispenser" or any sale of
     6  "liquor" or "malt or brewed beverages" by a person holding a
     7  "retail liquor license" within the meaning of and pursuant to
     8  the provisions of the "Liquor Code," but shall include any sale
     9  of "liquor" or "malt or brewed beverages" other than pursuant to
    10  the provisions of the "Liquor Code."
    11     (11)  The rendition for a consideration of lobbying services.
    12     (12)  The rendition for a consideration of adjustment
    13  services, collection services or credit reporting services.
    14     (13)  The rendition for a consideration of secretarial or
    15  editing services.
    16     (14)  The rendition for a consideration of disinfecting or
    17  pest control services, building maintenance or cleaning
    18  services.
    19     (15)  The rendition for a consideration of employment agency
    20  services or help supply services.
    21     (16)  The rendition for a consideration of computer
    22  programming services; computer-integrated systems design
    23  services; computer processing, data preparation or processing
    24  services; information retrieval services; computer facilities
    25  management services; or other computer-related services. At a
    26  minimum, such services shall not include services that are part
    27  of electronic fund transfers, electronic financial transactions
    28  or services, banking or trust services, or management or
    29  administrative services, including transfer agency, shareholder,
    30  custodial and portfolio accounting services, provided directly
    19970H0220B0242                 - 11 -

     1  to any entity that duly qualifies to be taxed as a regulated
     2  investment company or a real estate investment trust under the
     3  provisions of the Internal Revenue Code of 1986 (Public Law 99-
     4  514, 26 U.S.C. § 1 et seq.) or to an entity that provides such
     5  services to an entity so qualifying.
     6     [(17)  The rendition for a consideration of lawn care
     7  service.]
     8     (18)  The rendition for a consideration of self-storage
     9  service.
    10     * * *
    11     (o)  "Use."
    12     (1)  The exercise of any right or power incidental to the
    13  ownership, custody or possession of tangible personal property
    14  and shall include, but not be limited to transportation, storage
    15  or consumption.
    16     (2)  The obtaining by a purchaser of the service of printing
    17  or imprinting of tangible personal property when such purchaser
    18  furnishes, either directly or indirectly, the articles used in
    19  the printing or imprinting.
    20     (3)  The obtaining by a purchaser of the services of (i)
    21  washing, cleaning, waxing, polishing or lubricating of motor
    22  vehicles whether or not any tangible personal property is
    23  transferred to the purchaser in conjunction with such services,
    24  and (ii) inspecting motor vehicles pursuant to the mandatory
    25  requirements of "The Vehicle Code."
    26     (4)  The obtaining by a purchaser of the service of
    27  repairing, altering, mending, pressing, fitting, dyeing,
    28  laundering, drycleaning or cleaning tangible personal property
    29  other than wearing apparel or shoes or applying or installing
    30  tangible personal property as a repair or replacement part of
    19970H0220B0242                 - 12 -

     1  other tangible personal property other than wearing apparel or
     2  shoes, whether or not the services are performed directly or by
     3  any means other than by means of coin-operated self-service
     4  laundry equipment for wearing apparel or household goods, and
     5  whether or not any tangible personal property is transferred to
     6  the purchaser in conjunction therewith, except such services as
     7  are obtained in the construction, reconstruction, remodeling,
     8  repair or maintenance of real estate: Provided, however, That
     9  this subclause shall not be deemed to impose tax upon such
    10  services in the preparation for sale of new items which are
    11  excluded from the tax under clause (26) of section 204, or upon
    12  diaper service: And provided further, That the term "use" shall
    13  not include--
    14     (A)  Any tangible personal property acquired and kept,
    15  retained or over which power is exercised within this
    16  Commonwealth on which the taxing of the storage, use or other
    17  consumption thereof is expressly prohibited by the Constitution
    18  of the United States or which is excluded from tax under other
    19  provisions of this article.
    20     (B)  The use or consumption of tangible personal property,
    21  including but not limited to machinery and equipment and parts
    22  therefor, and supplies or the obtaining of the services
    23  described in subclauses (2), (3) and (4) of this clause directly
    24  in the operations of--
    25     (i)  The manufacture of tangible personal property;
    26     (ii)  Farming, dairying, agriculture, horticulture or
    27  floriculture when engaged in as a business enterprise. The term
    28  "farming" shall include the propagation and raising of ranch-
    29  raised furbearing animals and the propagation of game birds for
    30  commercial purposes by holders of propagation permits issued
    19970H0220B0242                 - 13 -

     1  under 34 Pa.C.S. (relating to game);
     2     (iii)  The producing, delivering or rendering of a public
     3  utility service, or in constructing, reconstructing, remodeling,
     4  repairing or maintaining the facilities which are directly used
     5  in producing, delivering or rendering such service;
     6     (iv)  Processing as defined in subclause (d) of this section.
     7     The exclusions provided in subparagraphs (i), (ii), (iii) and
     8  (iv) shall not apply to any vehicle required to be registered
     9  under The Vehicle Code except those vehicles directly used by a
    10  public utility engaged in the business as a common carrier; to
    11  maintenance facilities; or to materials, supplies or equipment
    12  to be used or consumed in the construction, reconstruction,
    13  remodeling, repair or maintenance of real estate other than
    14  directly used machinery, equipment, parts or foundations
    15  therefor that may be affixed to such real estate. The exclusions
    16  provided in subparagraphs (i), (ii), (iii) and (iv) shall not
    17  apply to tangible personal property or services to be used or
    18  consumed in managerial sales or other nonoperational activities,
    19  nor to the purchase or use of tangible personal property or
    20  services by any person other than the person directly using the
    21  same in the operations described in subparagraphs (i), (ii),
    22  (iii) and (iv).
    23     The exclusion provided in subparagraph (iii) shall not apply
    24  to (A) construction materials, supplies or equipment used to
    25  construct, reconstruct, remodel, repair or maintain facilities
    26  not used directly by the purchaser in the production, delivering
    27  or rendition of public utility service or (B) tools and
    28  equipment used but not installed in the maintenance of
    29  facilities used directly in the production, delivering or
    30  rendition of a public utility service.
    19970H0220B0242                 - 14 -

     1     The exclusion provided in subparagraphs (i), (ii), (iii) and
     2  (iv) shall not apply to the services enumerated in clauses
     3  (o)(9) through (14) and (16) and (w) through (ii) and (kk),
     4  except that the exclusion provided in subparagraph (ii) for
     5  farming, dairying and agriculture shall apply to the service
     6  enumerated in clause (z).
     7     (5)  Where tangible personal property or services are
     8  utilized for purposes constituting a "use," as herein defined,
     9  and for purposes excluded from the definition of "use," it shall
    10  be presumed that such property or services are utilized for
    11  purposes constituting a "sale at retail" and subject to tax
    12  unless the user thereof proves to the department that the
    13  predominant purposes for which such property or services are
    14  utilized do not constitute a "sale at retail."
    15     (6)  The term "use" with respect to "liquor" and "malt or
    16  brewed beverages" shall include the purchase of "liquor" from
    17  any "Pennsylvania liquor store" by any person for any purpose
    18  and the purchase of "malt or brewed beverages" from a
    19  "manufacturer of malt or brewed beverages," "distributor" or
    20  "importing distributor" by any person for any purpose, except
    21  purchases from a "manufacturer of malt or brewed beverages" by a
    22  "distributor" or "importing distributor," or purchases from an
    23  "importing distributor" by a "distributor" within the meaning of
    24  the "Liquor Code." The term "use" shall not include any purchase
    25  of "malt or brewed beverages" from a "retail dispenser" or any
    26  purchase of "liquor" or "malt or brewed beverages" from a person
    27  holding a "retail liquor license" within the meaning of and
    28  pursuant to the provisions of the "Liquor Code," but shall
    29  include the exercise of any right or power incidental to the
    30  ownership, custody or possession of "liquor" or "malt or brewed
    19970H0220B0242                 - 15 -

     1  beverages" obtained by the person exercising such right or power
     2  in any manner other than pursuant to the provisions of the
     3  "Liquor Code."
     4     (7)  The use of tangible personal property purchased at
     5  retail upon which the services described in subclauses (2), (3)
     6  and (4) of this clause have been performed shall be deemed to be
     7  a use of said services by the person using said property.
     8     (8)  The term "use" shall not include the providing of a
     9  motor vehicle to a nonprofit private or public school to be used
    10  by such a school for the sole purpose of driver education.
    11     (9)  The obtaining by the purchaser of lobbying services.
    12     (10)  The obtaining by the purchaser of adjustment services,
    13  collection services or credit reporting services.
    14     (11)  The obtaining by the purchaser of secretarial or
    15  editing services.
    16     (12)  The obtaining by the purchaser of disinfecting or pest
    17  control services, building maintenance or cleaning services.
    18     (13)  The obtaining by the purchaser of employment agency
    19  services or help supply services.
    20     (14)  The obtaining by the purchaser of computer programming
    21  services; computer-integrated systems design services; computer
    22  processing, data preparation or processing services; information
    23  retrieval services; computer facilities management services; or
    24  other computer-related services. At a minimum, such services
    25  shall not include services that are part of electronic fund
    26  transfers, electronic financial transactions or services,
    27  banking or trust services, or management or administrative
    28  services, including transfer agency, shareholder, custodial and
    29  portfolio accounting services, provided directly to any entity
    30  that duly qualifies to be taxed as a regulated investment
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     1  company or a real estate investment trust under the provisions
     2  of the Internal Revenue Code of 1986 (Public Law 99-514, 26
     3  U.S.C. § 1 et seq.) or to an entity that provides such services
     4  to an entity so qualifying.
     5     [(15)  The obtaining by the purchaser of lawn care service.]
     6     (16)  The obtaining by the purchaser of self-storage service.
     7     * * *
     8     [(jj)  "Lawn care service."  Providing services for lawn
     9  upkeep, including, but not limited to, fertilizing, lawn mowing,
    10  shrubbery trimming or other lawn treatment services.]
    11     * * *
    12     Section 2.  This act shall take effect immediately.












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