PRINTER'S NO. 266
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
276
Session of
2017
INTRODUCED BY GORDNER, SCARNATI, GREENLEAF, BREWSTER, SCHWANK,
MARTIN, COSTA, RESCHENTHALER, HUGHES, RAFFERTY, STEFANO AND
WARD, JANUARY 31, 2017
REFERRED TO LABOR AND INDUSTRY, JANUARY 31, 2017
AN ACT
Regulating employment inquiries into arrest records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Arrest Record
for Employment Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Employee." The term does not include:
(1) An individual employed in agriculture or in the
domestic service of a person.
(2) An individual who, as a part of employment, resides
in the personal residence of the employer.
(3) An individual employed by the individual's parents,
spouse or child.
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"Employer." The Commonwealth or any of its political
subdivisions or boards, departments, commissions or school
districts and a person employing four or more persons within the
Commonwealth. The term does not include religious, fraternal,
charitable or sectarian corporations or associations, except
corporations or associations supported, in whole or in part, by
governmental appropriations.
"Employment agency." A person regularly undertaking, with or
without compensation, to procure opportunities to work or to
procure, recruit, refer or place an employee.
"Independent contractor." A person who is subject to the
provisions governing any of the professions and occupations
regulated by State licensing laws enforced by the Bureau of
Professional and Occupational Affairs in the Department of
State, or is included in the Fair Housing Act (Public Law 90-
284, 42 U.S.C. ยง 3601 et seq.).
"Labor organization." An organization that exists for the
purpose, in whole or in part, of collective bargaining or of
dealing with employers concerning grievances, terms or
conditions of employment or of other mutual aid or protection in
relation to employment.
Section 3. Prohibition.
An employer, employment agency or labor organization may not,
prior to a prospective employee's employment, contracting with
an independent contractor or admission to membership, elicit
information, make or keep a record of or use a form of
application or application blank containing a question or entry
concerning the arrest record of a prospective employee for:
(1) a matter that resulted in the prospective employee's
being found not guilty; or
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(2) charges that were nolle prossed or withdrawn.
Section 4. Civil penalty.
Any person who violates section 3 shall pay a civil penalty
of not more than $500.
Section 5. Effective date.
This act shall take effect in 60 days.
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