THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY M. SMITH, BARRAR, BOYD, CASORIO, D. COSTA, DeLUCA, FRANKEL, FREEMAN, HALUSKA, KIRKLAND, KORTZ, KULA, McGEEHAN, MELIO, MILLARD, MOUL, PALLONE, PASHINSKI, READSHAW, WALKO AND YOUNGBLOOD, FEBRUARY 13, 2009

REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT, FEBRUARY 13, 2009  

AN ACT

Amending the act of October 30, 1996 (P.L.732, No.131), entitled

"An act establishing grounds upon which innkeepers may deny

accommodations, facilities or privileges of a lodging

establishment to any person who is unable or unwilling to pay

for accommodations and services, to any person who is

disorderly, to any person who an innkeeper reasonably

believes is seeking accommodations for any unlawful purpose

and to any person who an innkeeper reasonably believes is

bringing upon the lodging establishment property which may be

dangerous to other persons; allowing an innkeeper to limit

the number of persons who shall occupy any particular guest

room of a lodging establishment; providing for the posting of

notice relative to this statute; and providing for

penalties," providing for prospective employee background

checks; and requiring deadbolt locks in hotels.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of October 30, 1996 (P.L.732, No.131),

known as the Pennsylvania Innkeepers' Rights Act, is amended by

adding sections to read:

Section 7.1.  Background checks.

(a)  General rule.--An innkeeper shall require an individual

applying for employment with a lodging establishment who would

have access to guest room keys if employed to undergo a check of

criminal history record information.

(b)  Criminal history record information.--Notwithstanding

the provisions of 18 Pa.C.S. § 9121(b)(2) (relating to general

regulations), an innkeeper who requests a check of criminal

history record information shall be entitled to receive

notations of arrests, indictments and other information relating

to the initiation of criminal proceedings occurring within seven

years from the date of the request.

(c)  Use of information.--Whenever an innkeeper is in receipt

of information which is part of an individual's criminal history

record information file, the innkeeper may use that information

for the purposes of deciding whether or not to hire the

applicant only in accordance with 18 Pa.C.S. § 9125 (relating to

use of records for employment) and shall provide the applicant

notice regarding a decision not to hire as provided in 18

Pa.C.S. § 9125(c).

(d)  Definition.--As used in this section, the term "check of

criminal history record information" means a criminal history

record check under 18 Pa.C.S. Ch. 91 (relating to criminal

history record information) or a substantially equivalent system

of checking of criminal history record information as determined

by the Pennsylvania State Police, a list of which the

Pennsylvania State Police shall publish in the Pennsylvania

Bulletin annually.

Section 7.2.  Deadbolt locks required in hotels.

(a)  General rule.--An innkeeper of a hotel shall provide

each connecting guest room door of the hotel with a deadbolt

lock capable of being unlocked from inside the protected guest

room side only and shall maintain the deadbolt locks in good

working order at all times.

(b)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Deadbolt lock."  A locking bolt with a minimum projection of

one inch that is activated by knob, handle or other similar

device.

"Hotel."  A hotel, motel, bed and breakfast, homestead, inn,

guest house or other structure which holds itself out by any

means, including advertising, license, registration with an

innkeepers' group, convention listing association, travel

publication or similar association or with a government agency,

as being available to provide overnight lodging or use of

facility space for consideration to persons seeking temporary

accommodation. The term includes a place which advertises to the

public at large or any segment thereof that it will provide

beds, sanitary facilities or other space for a temporary period

to members of the public at large. The term also includes a

place recognized as a hostelry.

Section 2.  This act shall take effect in 180 days.