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A07211
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1810
Session of
2017
INTRODUCED BY HEFFLEY, GREINER, CHARLTON, MILLARD, WHEELAND,
PHILLIPS-HILL, READSHAW, B. MILLER, DeLUCA, RADER, SOLOMON,
STURLA AND NESBIT, OCTOBER 18, 2017
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
OCTOBER 18, 2017
AN ACT
Amending Title 48 (Lodging and Housing) of the Pennsylvania
Consolidated Statutes, in lodging, providing for hosting
platforms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 48 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 14
HOSTING PLATFORMS
Sec.
1401. Definitions.
1402. Registration.
1403. Record sharing.
1404. Open records.
§ 1401. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Department." The Department of Revenue of the Commonwealth.
"Entity." Includes a person, agent, broker, real estate
company, rental listing agency or property management company.
"Host." A person who, by any means, including listing with a
hosting platform, advertising, license, registration with an
innkeepers' group, convention listing association, travel
publication or similar association or with a government agency,
offers a residential unit as being available to provide
overnight lodging for consideration to persons seeking temporary
accommodation.
"Hosting platform." A publicly accessible Internet website
or online platform owned by an operator on which, for a fee or
other charge, an owner or lessee of a residential unit or hotel
may advertise the rental of the residential unit or hotel for
the purposes of transient lodging and conduct a transaction by
which the owner or lessee rents the residential unit or hotel or
a room or space within the residential unit or hotel for the
purposes of transient lodging. The term shall not include a
publicly accessible Internet website operated by or on behalf of
a hotel or hotel corporation that facilitates the booking of
lodgin g reservations solely for the hotel or the hotel
corporation's owned or managed hotels and franchisees.
"Hotel."
(1) The term includes:
(i) A hotel, motel, inn, guesthouse, rooming house,
bed and breakfast, homestead or other structure which is
advertised, licensed, registered with an innkeepers'
group, convention listing association, travel publication
or similar association or with a government agency or
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similar means, as being available to provide overnight
lodging for consideration to persons seeking temporary
accommodation.
(ii) A place which is advertised to the public at
large, or a segment of the public at large, that the
place will provide beds, sanitary facilities or other
space for a temporary period to members of the public at
large.
(iii) A place recognized as a hostelry or a cabin.
(2) The term does not include any of the following:
(i) A charitable institution.
(ii) A portion of a facility that is devoted to
persons who have an established permanent residence.
(iii) A college or university student residence hall
currently occupied by students enrolled in a degree
program.
(iv) An educational or religious institution camp
for children, including a camp registered under the act
of November 10, 1959 (P.L.1400, No.497), entitled "An act
providing for the annual registration of organized camps
for children, youth and adults; defining the duties of
the Department of Health of the Commonwealth of
Pennsylvania; and prescribing penalties."
(v) A hospital.
(vi) A nursing home.
(vii) Part of a campground that is not a cabin.
"Operator of a hosting platform." A person who owns or
operates a hosting platform.
"Patron." A person who pays consideration for the occupancy
of a room or rooms in a hotel or residential unit.
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"Residential unit." A single-family residence or an
individual residential unit within a larger building, including
an apartment, condominium, townhouse or duplex.
"Temporary accommodation." A period not exceeding 30 days.
§ 1402. Registration.
(a) Registration.--A hosting platform shall register with
the department for the collection, reporting and payment of the
hotel occupancy tax under sections 209, 210 and 211 of the act
of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971.
(b) Not to facilitate booking in this Commonwealth.--A
hosting platform may not facilitate the booking of lodging
reservations with a host or hotel located within this
Commonwealth until the hosting platform is registered with the
department.
(c) List of hosts and hotels.--Registration under subsection
(a) shall include a list of hosts and hotels doing business with
the hosting platform that are required to collect the hotel
occupancy tax from patrons. The list shall include:
(1) The proper or fictitious name of each host or hotel.
(2) The address of the hotel or the residential unit of
the host.
(3) The business address of the host, if different from
paragraph (2).
(d) Updated list.--A hosting platform shall, on a quarterly
basis beginning 90 days after the hosting platform has initially
registered under this chapter and on a form the department shall
prescribe, provide the department with the most current update
of the list required under subsection (c).
(e) Penalties.--The operator of a hosting platform that is
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required to register and provide an updated list of hosts and
hotels under this act is subject to the following civil
penalties:
(1) A penalty of $1,000 per listing for the period the
hosting platform is not registered for a failure to register
within 60 days of the enactment of this chapter or the
beginning of providing booking services to hosts or hotels
within this Commonwealth.
(2) A penalty of $1,000 per listing for the period the
list is not updated for a failure to update a list of hosts
and hotels doing business with a hosting platform within 30
days of the date required under subsection (d).
§ 1403. Record sharing.
(a) Department records.--The department shall provide the
following information under section 1402 (relating to
registration) to the treasurer of each county:
(1) The hosting platforms registered under this chapter.
(2) Each registered hosting platform's list of hosts and
hotels located in the county.
(3) All updates required under section 1402(d) of hosts
and hotels in the county within 30 days of the department's
receipt of the information.
(b) County records.--The treasurer of each county shall
provide requested records under subsection (a) in the
treasurer's possession to any political subdivision in the
county.
§ 1404. Open records.
(a) Public records.--Notwithstanding the provisions of
subsection (b), information required under sections 1402
(relating to registration) and 1403 (relating to record sharing)
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shall be considered a public record under the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(b) Addresses.--The addresses required to be listed under
section 1402(c)(2) and (3), or shared with county treasurers
under section 1403, may not be considered a public record under
the the Right-to-Know Law.
Section 2. This act shall take effect in 60 days.
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