Bill Text: PA HB435 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for prospective employee background checks; and requiring deadbolt locks in hotels.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-02-03 - Referred to TOURISM AND RECREATIONAL DEVELOPMENT [HB435 Detail]

Download: Pennsylvania-2011-HB435-Introduced.html

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PRINTER'S NO. 401
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 435 Session of2011
INTRODUCED BY M. SMITH, DEASY, BARRAR, BOBACK, BOYD, CHRISTIANA, D. COSTA, DeLUCA, GILLESPIE, HALUSKA, KAVULICH, KOTIK, KULA, METZGAR, MILLARD, MURT, PASHINSKI, PYLE, RAVENSTAHL, K. SMITH, VULAKOVICH, WAGNER AND YOUNGBLOOD, FEBRUARY 3, 2011
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT, FEBRUARY 3, 2011
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.--Except as provided in subsection (d), 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)
and (c) shall not apply to an innkeeper who owns or operates a
lodging establishment with 20 or fewer guest rooms.
(e) 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) 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.
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(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.
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