PRIOR PRINTER'S NO. 352 PRINTER'S NO. 4813
No. 331 Session of 2005
INTRODUCED BY T. STEVENSON, BAKER, BALDWIN, BARRAR, BASTIAN,
BEBKO-JONES, BELFANTI, BISHOP, BOYD, CALTAGIRONE, CAPPELLI,
CASORIO, COSTA, CRAHALLA, CREIGHTON, CRUZ, DeWEESE, J. EVANS,
FRANKEL, GEIST, GERGELY, GILLESPIE, GINGRICH, GRUCELA,
HARHAI, HENNESSEY, JAMES, M. KELLER, KILLION, KOTIK, LEACH,
MANN, McNAUGHTON, MILLARD, R. MILLER, MUSTIO, O'NEILL,
PALLONE, PHILLIPS, PISTELLA, SCHRODER, SOLOBAY, THOMAS,
TIGUE, WALKO, WILT, YOUNGBLOOD AND BENNINGHOFF,
FEBRUARY 8, 2005
AS REPORTED FROM COMMITTEE ON TOURISM AND RECREATIONAL
DEVELOPMENT, HOUSE OF REPRESENTATIVES, AS AMENDED,
OCTOBER 17, 2006
AN ACT
1 Amending the act of October 30, 1996 (P.L.732, No.131), entitled
2 "An act establishing grounds upon which innkeepers may deny
3 accommodations, facilities or privileges of a lodging
4 establishment to any person who is unable or unwilling to pay
5 for accommodations and services, to any person who is
6 disorderly, to any person who an innkeeper reasonably
7 believes is seeking accommodations for any unlawful purpose
8 and to any person who an innkeeper reasonably believes is
9 bringing upon the lodging establishment property which may be
10 dangerous to other persons; allowing an innkeeper to limit
11 the number of persons who shall occupy any particular guest
12 room of a lodging establishment; providing for the posting of
13 notice relative to this statute; and providing for
14 penalties," providing for prospective employee background
15 checks; AND REQUIRING DEADBOLT LOCKS IN HOTELS. <--
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. The act of October 30, 1996 (P.L.732, No.131),
19 known as the Pennsylvania Innkeepers' Rights Act, is amended by
20 adding a section SECTIONS to read: <--
1 Section 7.1. Background checks.
2 (a) General rule.--An innkeeper shall MAY require an <--
3 individual applying for employment with a lodging establishment
4 who would have access to guest room keys if employed to undergo
5 a check of criminal history record information.
6 (b) Criminal history record information.--Notwithstanding
7 the provisions of 18 Pa.C.S. § 9121(b)(2) (relating to general
8 regulations), an innkeeper who requests a check of criminal
9 history record information shall be entitled to receive
10 notations of arrests, indictments and other information relating
11 to the initiation of criminal proceedings occurring within seven
12 years from the date of the request.
13 (c) Use of information.--Whenever an innkeeper is in receipt
14 of information which is part of an individual's criminal history
15 record information file, the innkeeper may use that information
16 for the purposes of deciding whether or not to hire the
17 applicant only in accordance with 18 Pa.C.S. § 9125 (relating to
18 use of records for employment) and shall provide the applicant
19 notice regarding a decision not to hire as provided in 18
20 Pa.C.S. § 9125(c).
21 (d) Definition.--As used in this section, the term "check of
22 criminal history record information" means a criminal history
23 record check under 18 Pa.C.S. Ch. 91 (relating to criminal
24 history record information) or a substantially equivalent system
25 of checking of criminal history record information as determined
26 by the Pennsylvania State Police, a list of which the
27 Pennsylvania State Police shall publish in the Pennsylvania
28 Bulletin annually.
29 SECTION 7.2. DEADBOLT LOCKS REQUIRED IN HOTELS. <--
30 (A) GENERAL RULE.--AN INNKEEPER OF A HOTEL SHALL PROVIDE
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1 EACH CONNECTING GUEST ROOM DOOR OF THE HOTEL WITH A DEADBOLT
2 LOCK CAPABLE OF BEING UNLOCKED FROM INSIDE THE PROTECTED GUEST
3 ROOM SIDE ONLY AND SHALL MAINTAIN THE DEADBOLT LOCKS IN GOOD
4 WORKING ORDER AT ALL TIMES.
5 (B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
6 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
7 SUBSECTION:
8 "DEADBOLT LOCK." A LOCKING BOLT WITH A MINIMUM PROJECTION OF
9 ONE INCH THAT IS ACTIVATED BY KNOB, HANDLE OR OTHER SIMILAR
10 DEVICE.
11 "HOTEL." A HOTEL, MOTEL, BED AND BREAKFAST, HOMESTEAD, INN,
12 GUEST HOUSE OR OTHER STRUCTURE WHICH HOLDS ITSELF OUT BY ANY
13 MEANS, INCLUDING ADVERTISING, LICENSE, REGISTRATION WITH AN
14 INNKEEPERS' GROUP, CONVENTION LISTING ASSOCIATION, TRAVEL
15 PUBLICATION OR SIMILAR ASSOCIATION OR WITH A GOVERNMENT AGENCY,
16 AS BEING AVAILABLE TO PROVIDE OVERNIGHT LODGING OR USE OF
17 FACILITY SPACE FOR CONSIDERATION TO PERSONS SEEKING TEMPORARY
18 ACCOMMODATION. THE TERM INCLUDES A PLACE WHICH ADVERTISES TO THE
19 PUBLIC AT LARGE OR ANY SEGMENT THEREOF THAT IT WILL PROVIDE
20 BEDS, SANITARY FACILITIES OR OTHER SPACE FOR A TEMPORARY PERIOD
21 TO MEMBERS OF THE PUBLIC AT LARGE. THE TERM ALSO INCLUDES A
22 PLACE RECOGNIZED AS A HOSTELRY.
23 Section 2. This act shall take effect in 60 180 days. <--
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