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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY YAW, TARTAGLIONE, FONTANA, GORDNER, PILEGGI, SOLOBAY, WAUGH, M. WHITE, BAKER, WOZNIAK AND EARLL, JANUARY 27, 2011 |
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| REFERRED TO FINANCE, JANUARY 27, 2011 |
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| AN ACT |
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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 definitions relating to the |
11 | hotel occupancy tax; and making certain related repeals. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Section 209(a) of the act of March 4, 1971 |
15 | (P.L.6, No.2), known as the Tax Reform Code of 1971, amended May |
16 | 2, 1974 (P.L.269, No.75), is amended to read: |
17 | Section 209. Definitions.--(a) For the purposes of this |
18 | part V only and for the purposes of any hotel and occupancy tax |
19 | levied and enacted by a political subdivision of the |
20 | Commonwealth, the following words, terms and phrases shall have |
21 | the meaning ascribed to them in this subsection, except where |
22 | the context clearly indicates a different meaning: |
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1 | (1) "Hotel." [A building or buildings in which the public |
2 | may, for a consideration, obtain sleeping accommodations. The |
3 | term "hotel" shall not include any charitable, educational or |
4 | religious institution summer camp for children, hospital or |
5 | nursing home.] As follows: |
6 | (i) Any hotel, motel, bed and breakfast, homestead, inn, |
7 | guesthouse or other structure which holds itself out by any |
8 | means, including advertising, license, registration with any |
9 | innkeeper's group, convention listing association, travel |
10 | publication or similar association or with any government |
11 | agency, as being available to provide overnight lodging or use |
12 | of facility space for consideration to individuals seeking |
13 | temporary accommodation. |
14 | (ii) Any place which advertises to the public at large or |
15 | any segment of the public that it will provide beds, sanitary |
16 | facilities or other space for a temporary period to members of |
17 | the public at large. |
18 | (iii) Any place recognized as a hostelry. |
19 | (iv) The term shall not include any charitable, educational |
20 | or religious institution summer camp for children, hospital or |
21 | nursing home, a college or university student residence hall or |
22 | any private campground, or any cabins, public campgrounds or |
23 | other facilities located on State land, or a portion of a |
24 | facility which is devoted to individuals who have established a |
25 | domicile. |
26 | (2) "Occupant." A person (other than a "permanent resident," |
27 | as defined herein,) who, for a consideration, uses, possesses or |
28 | has a right to use or possess any room or rooms in a hotel under |
29 | any lease, concession, permit, right of access, license or |
30 | agreement. |
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1 | (3) "Occupancy." The use or possession or the right to the |
2 | use or possession by any person (other than a "permanent |
3 | resident,") of any room or rooms in a hotel for any purpose or |
4 | the right to the use or possession of the furnishings or to the |
5 | services and accommodations accompanying the use and possession |
6 | of the room or rooms. |
7 | (4) "Operator." Any person operating a hotel. |
8 | (5) "Permanent resident." Any occupant who has occupied or |
9 | has the right to occupancy of any room or rooms in a hotel [for |
10 | at least thirty consecutive days] as a domicile. |
11 | (6) "Rent." The consideration received for occupancy valued |
12 | in money, whether received in money or otherwise, including all |
13 | receipts, cash, credits and property or services of any kind or |
14 | nature, and also any amount for which the occupant is liable for |
15 | the occupancy without any deduction therefrom whatsoever. The |
16 | term "rent" shall not include a gratuity. |
17 | (7) "Temporary." Without intent to establish a domicile. |
18 | (8) "Temporary resident." Any occupant who has occupied or |
19 | has the right to occupancy of any room or rooms in a hotel |
20 | without intention as a domicile. |
21 | (9) "Bed and breakfast" or "homestead." A public |
22 | accommodation consisting of a private residence, which contains |
23 | ten or fewer bedrooms, used for providing overnight |
24 | accommodations to the public and in which breakfast is the only |
25 | meal served and is included in the charge for the room. |
26 | (10) "Domicile." The voluntarily fixed place of habitation |
27 | of a person, not for a special or limited purpose, but with the |
28 | present intention of making a permanent home, until some event |
29 | occurs to induce the person to adopt some other permanent home. |
30 | * * * |
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1 | Section 2. Repeals are as follows: |
2 | (1) The General Assembly declares that the repeals under |
3 | paragraph (2) are necessary to effectuate the amendment of |
4 | section 209(a) of the act. |
5 | (2) The following acts and parts of acts are repealed |
6 | insofar as they are inconsistent with the amendment of |
7 | section 209(a) of the act: |
8 | (i) Sections 1770.2, 1770.4, 1770.5, 1770.6, 1770.7 |
9 | and 1770.8 of the act of August 9, 1955 (P.L.323, |
10 | No.130), known as The County Code. |
11 | (ii) 53 Pa.C.S. § 8721. |
12 | (iii) 64 Pa.C.S. § 6025. |
13 | Section 3. This act shall take effect in 60 days. |
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