1Regulating employment inquiries into arrest records.

2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:

4Section 1. Short title.

5This act shall be known and may be cited as the Arrest Record
6for Employment Act.

7Section 2. Definitions.

8The following words and phrases when used in this act shall
9have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Employee." The term does not include:

12(1) An individual employed in agriculture or in the
13domestic service of a person.

14(2) An individual who, as a part of their employment,
15resides in the personal residence of the employer.

16(3) An individual employed by the individual's parents,
17spouse or child.

1"Employer." The Commonwealth or any of its political
2subdivisions or boards, departments, commissions or school
3districts and a person employing four or more persons within the
4Commonwealth. The term does not include religious, fraternal,
5charitable or sectarian corporations or associations, except
6corporations or associations supported, in whole or in part, by
7governmental appropriations.

8"Employment agency." A person regularly undertaking, with or
9without compensation, to procure opportunities to work or to
10procure, recruit, refer or place an employee.

11"Independent contractor." A person who is subject to the
12provisions governing any of the professions and occupations
13regulated by State licensing laws enforced by the Bureau of
14Professional and Occupational Affairs in the Department of
15State, or is included in the Fair Housing Act (Public Law 90-
16284, 42 U.S.C. § 3601 et seq.).

17"Labor organization." An organization which exists for the
18purpose, in whole or in part, of collective bargaining or of
19dealing with employers concerning grievances, terms or
20conditions of employment or of other mutual aid or protection in
21relation to employment.

22"Person." One or more individuals, partnerships,
23associations, organizations, corporations, legal
24representatives, trustees in bankruptcy or receivers. The term
25includes an owner, lessor, assignor, builder, manager, broker,
26salesman, agent, employee, independent contractor, lending
27institution and the Commonwealth, and its political
28subdivisions, authorities, boards and commissions.

29Section 3. Prohibition.

30An employer, employment agency or labor organization, may
 

1not, prior to any of the following, elicit information, make or 
2keep a record of or use a form of application or application 
3blank containing a question or entry concerning the arrest 
4record of a prospective employee for a matter that resulted in 
5the prospective employee being found not guilty or that the 
6charges were nolle prossed or withdrawn:

7(1) Employment.

8(2) Contracting with an independent contractor.

9(3) Admission to membership.

10Section 4. Civil penalty.

11Any person violating section 3 shall pay a civil penalty of
12not more than $500.

13Section 10. Effective date.

14This act shall take effect in 60 days.