THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PIPPY, FOLMER, FONTANA, WAUGH, ALLOWAY, TARTAGLIONE, BROWNE, LOGAN, STACK AND BOSCOLA, MARCH 2, 2009

SENATOR YAW, URBAN AFFAIRS AND HOUSING, AS AMENDED, MARCH 25, 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.

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 a section to read:

Section 7.1.  Background checks.

(a)  General rule.--Except as provided in subsection (c), an

innkeeper shall require an individual applying for employment

with a lodging establishment who would have access to a guest

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room keyskey if employed to undergo a check of criminal history

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record information underin accordance with 18 Pa.C.S. § 9121(b)

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(relating to general regulations).

(b)  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).

(c)  Exception.--The provisions of subsections (a) and (b)

shall not apply to a lodging establishment with 20 or fewer 

guest rooms.

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(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).

Section 2.  This act shall take effect in 60 days.