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A07264
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
AS REPORTED FROM COMMITTEE ON TOURISM AND RECREATIONAL
DEVELOPMENT, HOUSE OF REPRESENTATIVES, AS AMENDED,
MAY 24, 2018
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 A PERSON seeking
temporary accommodation TRANSIENT LODGING .
"Hosting platform." A publicly accessible Internet website
or online platform owned by an operator on which, IN EXCHANGE
for a fee or other charge, an owner or lessee of a residential
unit or hotel OR A ROOM OR SPACE IN A RESIDENTIAL UNIT OR HOTEL
may advertise AND CONDUCT A TRANSACTION FOR 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 LODGING 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
THAT is advertised, licensed , OR registered with an
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innkeepers' group, convention listing association, travel
publication or similar association or with a government
agency or similar means , as being available to provide
overnight lodging IN EXCHANGE for consideration to
persons A PERSON seeking temporary accommodation
TRANSIENT LODGING .
(ii) A place which THAT is advertised to the public
at large , or a segment of the public at large, that the
place will provide , AS HAVING 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 SHALL not include any of the
following :
(i) A charitable institution.
(ii) A portion of a facility that is devoted to
persons who have A PERSON WHO HAS 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.
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(vii) Part A PORTION of a campground that is not a
cabin.
"Operator of a hosting platform." A person who owns or
operates a hosting platform.
"HOTEL OCCUPANCY TAX." THE TAX IMPOSED UNDER SECTION 210 OF
THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM
CODE OF 1971.
"Patron." A person who pays consideration for the occupancy
of a room or rooms in a hotel or residential unit.
"Residential unit." A single-family residence or an
individual residential unit within a larger building, including
an apartment, condominium, townhouse or duplex.
"Temporary accommodation." "TRANSIENT LODGING." A period not
exceeding 30 CONSECUTIVE 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 BOOKING
PROHIBITED PRIOR TO REGISTRATION .--A hosting platform may not
facilitate the booking of lodging reservations with a host or
hotel located within IN 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 CONDUCTING
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.
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(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 SECTION and on a form the
department shall prescribe , provide the department with the most
current update of the list required under subsection (c) on a
date and form prescribed by the department .
(e) Penalties.-- The operator of a A hosting platform that is
required to register and provide an updated list of hosts and
hotels under this act is SECTION SHALL BE 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 EFFECTIVE
DATE OF THIS SECTION or the beginning of providing INITIAL
SUPPLY OF booking services to hosts or hotels within IN this
Commonwealth.
(2) A penalty of $1,000 per listing for the period the
list is not updated for a failure to update a THE list of
hosts and hotels doing business with a hosting platform UNDER
SUBSECTION (D) AND TO CORRECT THE FAILURE 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 A LIST OF hosting platforms CONDUCTING BUSINESS
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IN THE COUNTY registered under this chapter SECTION 1402(A)
(RELATING TO REGISTRATION) .
(2) Each registered hosting platform's A list of hosts
and hotels located in the county CONDUCTING BUSINESS WITH A
REGISTERED HOSTING PLATFORM .
(3) All updates required under section 1402(d) of hosts
and hotels FOR EACH REGISTERED HOSTING PLATFORM CONDUCTING
BUSINESS in the county within 30 days of the department's
receipt of the information.
(b) County records.--The treasurer of each county shall ,
UPON REQUEST BY A POLITICAL SUBDIVISION, provide requested
records under subsection (a) THAT ARE 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)
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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