PRINTER'S NO. 2664

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2135 Session of 1991


        INTRODUCED BY DeLUCA, KASUNIC, PETRONE, BIRMELIN, McGEEHAN,
           GIGLIOTTI, MAYERNIK, KAISER, COLE, HARPER, PESCI, McHALE,
           RICHARDSON, PETRARCA, MARKOSEK, STABACK, FAJT, GRUITZA,
           McNALLY, MERRY, CAPPABIANCA, FOX, SURRA, D. W. SNYDER, MELIO,
           TRELLO, COLAIZZO, J. TAYLOR, McHUGH, O'BRIEN, LANGTRY,
           MICOZZIE, RAYMOND, DERMODY, FARGO, BLAUM, HALUSKA,
           E. Z. TAYLOR, DENT, TANGRETTI, ROBINSON, NOYE, PISTELLA,
           JOHNSON, MIHALICH, KENNEY, LUCYK, B. SMITH, BOYES, NAILOR,
           BARLEY, FREEMAN, ARMSTRONG, M. N. WRIGHT, SALOOM, ARGALL,
           SAURMAN, TIGUE, NICKOL, LAUGHLIN AND McCALL,
           NOVEMBER 12, 1991

        REFERRED TO COMMITTEE ON FINANCE, NOVEMBER 12, 1991

                                     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 tax on storage service.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 201(kk) of the act of March 4, 1971
    14  (P.L.6, No.2), known as the Tax Reform Code of 1971, added
    15  August 4, 1991 (P.L.97, No.22), is amended to read:
    16     Section 201.  Definitions.--The following words, terms and
    17  phrases when used in this Article II shall have the meaning


     1  ascribed to them in this section, except where the context
     2  clearly indicates a different meaning:
     3     * * *
     4     (kk)  "Storage service."  [A building or portion of a
     5  building or similar structure for purposes of storing corporeal
     6  personal property, including, but not limited to, goods, wares
     7  or merchandise, spiritous or vinous liquor and malt or brewed
     8  beverages, furniture and household goods, automobiles, furs,
     9  textiles, perishable goods under refrigeration, farm products,
    10  cotton compresses or tobacco. The term excludes storage of such
    11  property which is unloaded from maritime vessels and then later
    12  stored or which is stored and then later loaded on maritime
    13  vessels when such storage or loading takes place within twenty-
    14  five miles of a "port district," as defined by the act of July
    15  10, 1989 (P.L.291, No.50), known as the "Philadelphia Regional
    16  Port Authority Act."] The act of providing a building or portion
    17  of a building or similar structure for a consideration to an
    18  owner of corporeal personal property for the safekeeping of the
    19  owner's property; wherein the owner of the corporeal personal
    20  property is granted the exclusive use, custody, access and
    21  control of the building or portion of the building or similar
    22  structure. Storage service shall not include any transaction
    23  requiring the rendition of distribution services by a person not
    24  selling, owning or buying the subject property.
    25     * * *
    26     Section 2.  This act shall take effect immediately.



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