PRINTER'S NO. 1224
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
863
Session of
2019
INTRODUCED BY SCAVELLO, STEFANO, LAUGHLIN, SCHWANK, COSTA, BLAKE
AND J. WARD, SEPTEMBER 30, 2019
REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT,
SEPTEMBER 30, 2019
AN ACT
Amending Title 48 (Lodging and Housing) of the Pennsylvania
Consolidated Statutes, in hotels, further providing for
definitions, for hotelkeepers, for notice to boarders to lock
rooms, for lien, warrant, sale and right of redemption,
for liability for property loss or damage, for special
arrangements for safe deposit of valuables, for duty of
guest, for other liability, for exemption from levy or sale,
for baggage, for baggage sale requirements, for sale
proceeds, providing for abandoned property and further
providing for tourist camp heater safety.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1301 of Title 48 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 1301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Campground owner." A person or entity which owns a
recreational campground.
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"Recreational campground." A lodging establishment organized
to accommodate five or more separate, designated campsites for
shelter in either privately-owned or campground-owned lodging.
The property may include amenities, such as site-specific
electric and sewer hookups, public bath houses, convenience
stores, recreational areas and pools. The campground may permit
seasonal sites. Seasonal guests shall not be required to have
month-to-month agreements. Approved guests may leave their
trailer on the site throughout the year but may not maintain a
permanent residence.
Section 2. Sections 1311 heading, (a), (b)(1), (c)(1)(i),
(d), (e) and (f) of Title 48 are amended and the definition of
"lodging establishment" in subsection (g) is amended by adding a
paragraph to read:
§ 1311. Hotelkeepers and campground owners.
(a) Refusal of accommodations.--A hotelkeeper and campground
owner shall have the right to refuse or deny accommodations,
facilities or privileges of a lodging establishment to any of
the following:
(1) A person who is unwilling or unable to pay for the
accommodations and services of the lodging establishment. The
hotelkeeper or campground owner shall have the right to
require that prospective guests demonstrate their ability to
pay by cash, a valid credit card or a certified or cashier's
check. If a minor is not accompanied by his parent or legal
guardian, the hotelkeeper or campground owner may require the
minor's parent or legal guardian to do one of the following:
(i) Accept, in writing, liability for the [guest
room] lodging cost, taxes, all charges by the minor and
any damages in excess of normal wear and tear to the
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[guest room or its furnishings] lodging accommodations
and its amenities caused by the minor while a guest at
the lodging establishment. Damages shall be calculated at
the cost of labor and materials for repair by the lodging
establishment.
(ii) Provide the hotelkeeper or campground owner
with a valid credit card number and authorization to
cover the [guest room] lodging cost, taxes, charges by
the minor and any damages to the [guest room or its
furnishings] lodging accommodations and its amenities
caused by the minor.
(iii) Require all of the following, if a credit card
authorization is not provided:
(A) An advanced cash payment to cover the [guest
room] lodging cost and taxes for all [guest room]
nights reserved for the minor.
(B) A cash damage deposit in an amount not to
exceed the cost of one night's [guest room]
accommodations, including taxes, for payment of
additional charges by the minor or for damages to the
[guest room or its furniture or furnishings] lodging
accommodations and its amenities. The hotelkeeper or
campground owner shall refund the cash deposit to the
extent that it is not used to cover any reasonable
charges or damages, as determined by the hotelkeeper
or campground owner following [room] lodging
inspection at checkout.
(2) A person who is disorderly.
(3) A person who the hotelkeeper or campground owner
reasonably believes is seeking accommodations for an unlawful
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purpose, including the unlawful possession or use of a
controlled substance by the person or the use of the premises
for the consumption of alcoholic beverages by any person
under 21 years of age.
(4) A person who the hotelkeeper or campground owner
reasonably believes is bringing into the lodging
establishment property which may be dangerous to other
persons, including explosives or illegal firearms.
(5) A person who exceeds the maximum number of persons
allowed to occupy a particular [guest room] lodging
accommodation in the lodging establishment, as posted by the
lodging establishment.
(b) Civil liability for refusal.--
(1) Except as provided for under paragraph (2), a
hotelkeeper or campground owner refusing or denying
accommodations, facilities or privileges of a lodging
establishment for any of the reasons specified under
subsection (a) shall not be liable in a civil action or for a
fine or penalty based on the refusal or denial.
* * *
(c) Restitution and damages permitted.--
(1) In addition to any penalties provided under any
other statute, a court may order a person to do all of the
following:
(i) Pay restitution for any damages suffered by the
hotelkeeper or campground owner of the lodging
establishment, including the lodging establishment's loss
of revenue resulting from the lodging establishment's
inability to rent or lease the [room] accommodations
during the period of time the lodging establishment
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[room] is being repaired.
* * *
(d) Guest register requirement.--
(1) The hotelkeeper or campground owner of a lodging
establishment shall maintain, for a period of three years, a
guest register which shows the name, residence, date of
arrival and departure of guests of the lodging establishment.
(2) (i) Every guest shall register. A registering guest
may be required by the hotelkeeper or campground owner to
produce a valid driver's license or other identification,
satisfactory to the hotelkeeper or campground owner,
containing a photograph of the guest and setting forth
the name and residence address of the guest.
(ii) In addition to the provisions of subparagraph
(i), if the guest is a minor, the hotelkeeper or
campground owner may also require a parent of the guest
to register, accepting in writing liability for the
[guest room] lodging cost, taxes, all charges by the
minor and any damages to the [guest room] lodging
accommodations or its furnishings caused by the minor
while a guest at the lodging establishment.
(3) The guest register shall be maintained in its
original form or may be reproduced on any photographic,
photostatic, microfilm, microcard, miniature photographic or
other process which actually reproduces the original record.
(e) Right to eject from premises.--A hotelkeeper or
campground owner may immediately eject a person from the lodging
establishment premises for violating this chapter if a copy of
the chapter is posted in a conspicuous place and manner in the
lodging establishment in accordance with subsection (f).
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(f) Posting notice to guests.--This chapter shall not apply
to a hotelkeeper or campground owner unless the hotelkeeper or
campground owner posts a copy of this chapter at or near the
guest registration desk.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
* * *
"Lodging establishment." Except for a time-share
arrangement, any of the following:
* * *
(5) A recreational campground.
* * *
Section 3. Sections 1321, 1322(a) and (b)(1), 1323(a)
introductory paragraph and (1), 1324, 1325, 1326, 1327, 1328(a),
(c) and (d), 1329(a) and 1330(a) and (b) of Title 48 are amended
to read:
§ 1321. Notice to boarders to [lock] secure rooms, campground-
owned lodging and other personal property.
If a hotelkeeper or campground owner posts in a conspicuous
place notice requiring the guest or boarder to [bolt the door
of] secure the room, campground-owned lodging occupied by the
guest or boarder or other personal property, or, in leaving the
room, campground-owned lodging or personal property to [lock the
door] secure the property and to deposit the key with the
hotelkeeper, campground owner or the clerk at the office, the
hotelkeeper or campground owner shall not be liable for any
baggage or personal property of the guest or boarder which may
be stolen from the room, or campground-owned lodging if the
guest or boarder shall neglect to do so. In order to avoid
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liability, the hotelkeeper or campground owner must clearly
establish the fact of the [room's] room or campground-owned
lodging having been left unbolted or unlocked by the guest or
boarder at the time of the loss of the baggage.
§ 1322. Lien, warrant, sale and right of redemption.
(a) Lien.--A hotelkeeper or campground owner within this
Commonwealth shall have a lien upon the goods [and], baggage or
personal property belonging to a guest or boarder of a hotel or
campground-owned lodging for the amount of indebtedness
contracted for boarding and lodging for a period of time not
exceeding two weeks. The hotelkeeper or campground owner may
detain the goods and baggage until the amount of indebtedness is
paid.
(b) Public sale.--
(1) Except as provided under paragraph (2), after the
detention of goods under subsection (a) for three months, the
hotelkeeper or campground owner may apply to a magisterial
district judge to publicly sell the goods and baggage. At
least 10 days' notice of the public sale must be placed in at
least three public places in the ward of the city or borough
or in the township where the inn, hotel [or], boardinghouse
or recreational campground is located. The owner of the goods
and baggage shall receive the balance of the proceeds of the
public sale, minus all costs and the amount of indebtedness.
* * *
§ 1323. Liability for property loss or damage.
(a) General rule.--Except as provided in subsection (b) and
section 1324 (relating to special arrangements for safe deposit
of valuables), no hotelkeeper or campground owner, whether
individual, partnership or corporation, shall be liable for loss
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or damage to property suffered by a guest, unless the
hotelkeeper or campground owner fails to constantly maintain any
of the following:
(1) A metal safe or vault in good order and fit for
custody of money, bank notes, jewelry, gold or silver
articles, precious stones, personal ornaments, railroad
mileage books or tickets, negotiable or valuable papers and
bullion. This paragraph shall not apply to campground owners.
* * *
§ 1324. Special arrangements for safe deposit of valuables.
Notwithstanding section 1323 (relating to liability for
property loss or damage), a hotelkeeper or campground owner may,
by special arrangement with a guest, receive any property for
deposit in the safe or vault upon terms as to which the parties
agree in writing, but the hotelkeeper or campground owner shall
be liable for property loss or damage after the articles have
been accepted for deposit, if the loss or damage is caused by
theft or negligence of the hotelkeeper or campground owner.
§ 1325. Duty of guest.
It shall be the duty of every guest, and of anyone intending
to be a guest, of any hotel [or], inn or recreational
campground, upon delivering to the hotelkeeper of the hotel or
inn or the campground owner, or a servant or employee, baggage
or other property of the guest for safekeeping elsewhere than in
the room or site assigned to the guest, to demand of the
hotelkeeper or campground owner a check or receipt for the
property to evidence the fact of delivery.
§ 1326. Other liability.
(a) Depository liability.--Except as provided in subsection
(b), the liability of the hotelkeeper or campground owner,
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whether individual, partnership or corporation, for property
loss or damage to a guest other than that described in sections
1323 (relating to liability for property loss or damage) and
1324 (relating to special arrangements for safe deposit of
valuables) shall be that of a depository for hire.
(b) Exception.--Notwithstanding subsection (a), the
hotelkeeper or campground owner shall not be liable in the case
of loss or damage caused by a fire not intentionally produced by
the hotelkeeper or campground owner.
(c) Limitation of liability.--Unless the hotelkeeper or
campground owner has consented in writing to assume a greater
liability, in no case shall liability under this section exceed
$150 for each trunk and its contents, $50 for each valise and
its contents, $10 for each box, bundle or package and its
contents and $50 for all other miscellaneous effects, including
wearing apparel and personal belongings.
(d) Persons other than guests.--A hotelkeeper or campground
owner may hold baggage or property at the risk of the owner if:
(1) The owner has forwarded the baggage or property to
the inn or hotel or recreational campground before becoming a
guest and the baggage or property has been received into the
inn or hotel or recreational campground.
(2) The owner has allowed baggage or property to remain
in the inn or hotel or recreational campground after leaving
as a guest and after the relationship between the hotelkeeper
or campground owner and the guest has ceased.
§ 1327. Exemption from levy or sale.
The personal property of a guest at an inn or a hotel or
recreational campground, or of a boarder at a boardinghouse
where the property is in the exclusive use of the boarder, when
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located on premises occupied by the guest or boarder, shall be
exempt from levy and sale on distress for rent.
§ 1328. Baggage.
(a) Hotelkeeper and campground owner lien.--A hotelkeeper or
campground owner, whether individual, partnership or
corporation, shall have a lien on baggage and other property
located in and about the inn [or], hotel or campground-owned
lodging and belonging to or under the control of a guest or
boarder for the proper charges due for accommodation, board and
lodging and for all money paid for or advanced to the guest or
boarder.
* * *
(c) Right of hotelkeeper and campground owner.--The
hotelkeeper or campground owner may detain the baggage and other
property until the amount of any charges due has been paid.
(d) Exemption from attachment and execution.--Baggage and
other property shall be exempt from attachment or execution
until the hotelkeeper's or campground owner's lien and the cost
of satisfying it are satisfied.
§ 1329. Baggage sale requirements.
(a) Public auction.--The hotelkeeper or campground owner
shall retain the baggage or other property upon which a lien
exists for a period of 30 days, after which, if the lien is not
satisfied, the baggage or other property may be sold at public
auction.
* * *
§ 1330. Sale proceeds.
(a) Duty of hotelkeeper or campground owner.--After
satisfying the lien and any costs that may accrue, any residue
remaining shall be paid to the guest or boarder:
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(1) on demand within six months; or
(2) if there is no demand, within six months from the
date of the sale.
(b) Deposit of residual funds.--The residue shall be
deposited by the hotelkeeper or campground owner with the
treasurer of the county in which the inn or hotel or
recreational campground is situated, together with a statement
of the claim of the hotelkeeper or campground owner, the costs
of enforcing the claim, a copy of the published public auction
notice and a report of amounts received for the goods sold at
the auction.
* * *
Section 4. Title 48 is amended by adding a section to read:
§ 1331. Abandoned property at recreational campgrounds.
(a) Duties of recreational campground guests.--A guest shall
have 10 days from the end date of the guest's stay or seasonal
agreement to claim abandoned property.
(b) Duties of campground owners.--A campground owner shall
disclose the abandoned property policy of the recreational
campground in signed waivers for all guests, including guests
with seasonal agreements. If a guest claims abandoned property
within 10 days of the end date of the guest's stay or seasonal
agreement, the campground owner has a duty to hold the property
for an additional 10 days.
(c) Rights of campground owners.--If the guest does not
collect their property within 10 days of claiming the property,
a campground owner may keep or dispose of the abandoned
property.
Section 5. Section 1351 heading and (a) of Title 48 are
amended to read:
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§ 1351. [Tourist camp] Recreational campground heater safety.
(a) General requirements.--The owner or operator of a
[tourist camp] recreational campground where cabins or trailers
are heated by stoves, gas burners or any other heating devices,
except electrical appliances, radiators and electric water
heaters, shall install adequate chimneys or other vents or
outlets for escape of carbon monoxide gas and other harmful or
injurious gases generated by the heating devices.
* * *
Section 6. This act shall take effect in 60 days.
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