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, YOUNGBLOOD, MURT, VULAKOVICH AND MATZIE, FEBRUARY 13, 2009

AS REPORTED FROM COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 27, 2010   

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 Except as provided in subsection (d),

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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)  Applicability.--The provisions of subsections (a), (b)

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and (c) shall not apply to an innkeeper who owns or operates a

lodging establishment with 20 or fewer guest rooms.

(d) (e)  Definition.--As used in this section, the term

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"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.