SB 863 — 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.

PRIOR PRINTER'S NO.

1224 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1660 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

WARD, SEPTEMBER 30, 2019 ASREFERRED AMENDEDTO ONCOMMUNITY, THIRDECONOMIC CONSIDERATION,AND APRILRECREATIONAL 29,DEVELOPMENT, 2020SEPTEMBER 30, 2019 AN ACT AmeConsolidatedAmending Title 48 (Lodging and Housing) of the Pennsylvania Consolidated Statutes, in hotels, further providing forafor 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 abandonedtourist propertycamp heater safety.y and further providingThe forGeneral touristAssembly campof heaterthe safety.Commonwealth of Pennsylvania hereby enacts as follows:

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

THE TERM SHALL NOT INCLUDE THE <-- DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES.

THE TERM SHALL NOT INCLUDE A RECREATIONAL <-- VEHICLE OR TENT CAMPSITE IN A STATE PARK.

(i) Accept, in writing, liability for the [guest room] lodging cost, taxes, all charges by the minor and 20190SB0863PN1660 - 2 - any damages in excess of normal wear and tear to the 20190SB0863PN1224 - 2 - [guest room or its furnishings] lodging accommodations and its amenities caused by the minor while a guest at the lodging establishment.

(3) A person who the hotelkeeper or campground owner 20190SB0863PN1660 - 3 - reasonably believes is seeking accommodations for an unlawful 20190SB0863PN1224 - 3 - 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.

(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 20190SB0863PN1660 - 4 - during the period of time the lodging establishment 20190SB0863PN1224 - 4 - [room] is being repaired.

(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 20190SB0863PN1660 - 5 - lodging establishment in accordance with subsection (f).

20190SB0863PN1224 - 5 - (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.

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 20190SB0863PN1660 - 6 - guest or boarder shall neglect to do so.

In order to avoid 20190SB0863PN1224 - 6 - 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.

(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 20190SB0863PN1660 - 7 - individual, partnership or corporation, shall be liable for loss 20190SB0863PN1224 - 7 - or damage to property suffered by a guest, unless the hotelkeeper or campground owner fails to constantly maintain any of the following:

(a) Depository liability.--Except as provided in subsection 20190SB0863PN1660 - 8 - (b), the liability of the hotelkeeper or campground owner, 20190SB0863PN1224 - 8 - 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.

The personal property of a guest at an inn or a hotel or recreational campground, or of a boarder at a boardinghouse 20190SB0863PN1660 - 9 - where the property is in the exclusive use of the boarder, when 20190SB0863PN1224 - 9 - located on premises occupied by the guest or boarder, shall be exempt from levy and sale on distress for rent.

(a) Duty of hotelkeeper or campground owner.--After satisfying the lien and any costs that may accrue, any residue 20190SB0863PN1660 - 10 - remaining shall be paid to the guest or boarder:

20190SB0863PN1224 - 10 - (1) on demand within six months;

Section 1351 heading and (a) of Title 48 are 20190SB0863PN1660 - 11 - amended to read:

20190SB0863PN1224 - 11 - § 1351.

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