PRINTER'S NO. 987
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
976
Session of
2021
INTRODUCED BY HEFFLEY, MILLARD, N. NELSON, R. BROWN, WHEELAND
AND CIRESI, MARCH 19, 2021
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
MARCH 19, 2021
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
context clearly indicates otherwise:
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"Department." The Department of Revenue of the Commonwealth.
"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 to provide overnight lodging for
consideration to a person seeking transient lodging .
"Hosting platform." A publicly accessible Internet website
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. The term shall not include a
publicly accessible Internet website operated by or on behalf
of:
(1) 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 ;
or
(2) a licensee licensed under the act of February 19,
1980 (P.L.15, No.9), known as the Real Estate Licensing and
Registration Act.
"Hotel." The term shall have the same meaning as provided in
section 209 of the act of March 4, 1971 (P.L.6, No.2), known as
the Tax Reform Code of 1971.
"Hotel occupancy tax." The tax imposed under section 210 of
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
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individual residential unit within a larger building, including
an apartment, condominium, townhouse or duplex.
"Transient lodging." A period not exceeding 30 consecutive
days.
§ 1402. Registration.
(a) Registration.--A hosting platform shall register with
the department.
(b) Booking prohibited prior to registration .--A hosting
platform may not facilitate the booking of lodging reservations
with a host or hotel located 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 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.
(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, 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.-- A hosting platform that is required to
register and provide an updated list of hosts and hotels under
this section shall be subject to the following civil penalties:
(1) A penalty of $1,000 per listing for a failure to
register within 60 days of the effective date of this section
or the initial supply of booking services to hosts or hotels
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in this Commonwealth.
(2) A penalty of $1,000 per listing for a failure to
update the list 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 to the treasurer of each county:
(1) A list of hosting platforms conducting business in
the county registered under section 1402(a) (relating to
registration) .
(2) 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) 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.
§ 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
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the Right-to-Know Law.
Section 2. This act shall take effect in 180 days.
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