PRIOR PRINTER'S NO. 315

PRINTER'S NO.  1688

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

338

Session of

2011

  

  

INTRODUCED BY LEACH, FONTANA, STACK, TARTAGLIONE, WILLIAMS, WASHINGTON, VANCE, BRUBAKER AND FARNESE, JANUARY 28, 2011

  

  

SENATOR GORDNER, LABOR AND INDUSTRY, AS AMENDED, OCTOBER 18, 2011   

  

  

  

AN ACT

  

1

Providing for the National Human Trafficking Resource Center

<--

2

Hotline Act; and imposing duties on prothonotaries.

3

Providing for the National Human Trafficking Resource Center

<--

4

Hotline Notification Act; and imposing duties on the

5

Department of Labor and Industry.

6

The General Assembly of the Commonwealth of Pennsylvania

7

hereby enacts as follows:

8

Section 1.  Short title.

<--

9

This act shall be known and may be cited as the National

10

Human Trafficking Resource Center Hotline Act.

11

Section 2.  Required posting.

12

(a)  Sign.--An establishment shall post a sign indicating

13

certain information regarding the National Human Trafficking

14

Resource Center Hotline. The sign shall be no smaller than 8 1/2

15

inches by 11 inches. Unless stated otherwise in this section, it

16

shall be posted near the entrance of the establishment or

17

prominently where notices are usually posted. The sign shall

18

state the following:

19

National Human Trafficking Resource Center Hotline at

 


1

1-888-373-7888

2

If you or someone you know is being forced to engage in

3

any activity and cannot leave - whether it is commercial

4

sex, housework, farm work or any other activity - call

5

the National Human Trafficking Hotline at 1-888-373-7888

6

to access help and services.

7

Victims of human trafficking are protected under United

8

States and Pennsylvania law.

9

The hotline is:

10

Anonymous and confidential

11

Available 24/7

12

Toll free

13

Operated by a nongovernmental, nonprofit organization

14

Accessible in 170 languages

15

Able to provide help, referral to services, training

16

and general information.

17

(b)  Posting.--

18

(1)  Establishments shall post the sign on the inside

19

face of the main door leading directly into each unit.

20

(2)  Establishments shall post the sign required in

21

subsection (a) inside all restrooms either:

22

(i)  on the inside of each stall door; or

23

(ii)  on the back of the restroom door.

24

(c)  Language.--The sign shall be posted in English, Spanish

25

and any other language mandated by the Voting Rights Act of 1965

26

(Public Law 89-110, 42 U.S.C. § 1973 et seq.) in the county

27

where the sign will be posted.

28

(d)  Font.--The title of the sign, the National Human

29

Trafficking Resource Center Hotline at 1-888-373-7888, shall be

30

boldfaced, underlined and no smaller than 28-point font size.

- 2 -

 


1

(e)  Notice.--

2

(1)  The authority responsible for licensing the type of

3

establishment shall provide notice of this section and the

4

sign required by subsection (a) on its Internet website for

5

establishments to print as needed.

6

(2)  The Department of Labor and Industry shall provide

7

the sign required by subsection (a) on its Internet website

8

for establishments to print as needed.

9

(f)  Civil penalty.--In addition to any other remedy

10

available at law or in equity for a violation of this section,

11

the licensing authority for the establishment may assess a civil

12

penalty upon a person for a violation of this section. In

13

assessing a civil penalty, the licensing authority shall give

14

notice to the person and shall provide an opportunity for a

15

hearing. The civil penalty assessed shall not exceed $500. The

16

civil penalty shall be payable to the Department of Labor and

17

Industry and shall be collectible in a manner provided by law

18

for the collection of debt.

19

(g)  Hearing.--A hearing regarding a civil penalty imposed

20

under subsection (f) shall be conducted under 2 Pa.C.S.

21

(relating to administrative law and procedure). 

22

(h)  Lien.--If a person liable to pay a civil penalty imposed

23

under subsection (f) neglects or refuses to pay it after demand,

24

the amount of the civil penalty, together with interest and

25

other costs that may accrue, shall be a lien in favor of the

26

Commonwealth upon the real and personal property of the person

27

after the lien has been entered and docketed of record by the

28

prothonotary of the county where the property is situated. 

29

(i)  Duties of prothonotary.--Upon receipt of the certified

30

copy of the lien, it is the duty of the prothonotary to:

- 3 -

 


1

(1)  Enter and docket the lien in the records of his

2

office.

3

(2)  Index the lien as judgments are indexed without

4

requiring the payment of costs as a condition precedent to

5

entry.

6

(j)  Definition.--As used in this section, the term

7

"establishment" means the following places:

8

(1)  A massage parlor, spa or a similar enterprise,

9

regardless of whether it is required to obtain a license or

10

permit from the Commonwealth for its operation.

11

(2)  A restaurant, bar, tavern, hotel or club that has a

12

valid liquor or malt or brewed beverage license under Article

13

IV of the act of April 12, 1951 (P.L.90, No.21), known as the

14

Liquor Code.

15

(3)  An adult entertainment enterprise featuring nude or

16

partially nude dancing or providing live adult entertainment.

17

(4)  A hotel or motel found to be a drug-related nuisance

18

under 42 Pa.C.S. Ch. 83 Subch. H (relating to drug nuisances)

19

or declared a common nuisance under section 1 of the act of

20

June 23, 1931 (P.L.1178, No.319), entitled "An act declaring

21

buildings and parts of buildings used for purposes of

22

fornication, lewdness, assignation, and prostitution to be

23

nuisances; providing a method of abating same; establishing a

24

method of procedure against those who use said buildings, or

25

parts thereof, for such purposes; and providing penalties for

26

violations of this act."

27

(5)  An airport, train station or bus station.

28

(6)  A welcome center or rest area operated by the

29

Department of Transportation.

30

Section 3.  Effective date.

- 4 -

 


1

This act shall take effect in 60 days.

2

Section 1.  Short title.

<--

3

This act shall be known and may be cited as the National

4

Human Trafficking Resource Center Hotline Notification Act.

5

Section 2.  Required posting.

6

(a)  Sign.--An establishment defined under subsection (g)

7

shall post a sign containing information regarding the National

8

Human Trafficking Resource Center Hotline. Any other

9

establishment or business may post a sign.

10

(b)  Posting.--Establishments shall post at least one sign in

11

a conspicuous manner clearly visible to the public and employees

12

of the establishment.

13

(c)  Size, information and design.--The sign shall be no

14

smaller than 8½ by 11 inches.

15

(1)  The Department of Labor and Industry shall design

16

the sign to include the following information:

17

(i)  The National Human Trafficking Resource Center

18

Hotline at 1-888-373-7888.

19

(ii)  Victims of human trafficking are protected

20

under United States and Pennsylvania law.

21

(2)  The Department of Labor and Industry may consult

22

with human trafficking victim advocates to determine other

23

information that may be included on the sign.

24

(3)  The Department of Labor and Industry shall design

25

the sign to draw attention to the telephone number of the

26

National Human Trafficking Resource Center Hotline by showing

27

the number in bold type and large font.

28

(4)  The sign shall be posted in English, Spanish and any

29

other language mandated by the Voting Rights Act of 1965

30

(Public Law 89-110, 42 U.S.C. § 1973 et seq.) in the county

- 5 -

 


1

where the sign will be posted.

2

(d)  Notice.--

3

(1)  The authority responsible for licensing the

4

establishments as defined in subsection (g) shall provide

5

notice of this section.

6

(2)  The Department of Labor and Industry shall provide

7

the sign required by subsection (a) on its Internet website

8

for establishments to print as needed.

9

(e)  Civil penalty.--In addition to any other remedy

10

available at law or in equity for a violation of this section,

11

the licensing authority for the establishment may assess a civil

12

penalty upon a person for a violation of this section. In

13

assessing a civil penalty, the licensing authority shall give

14

notice to the person and shall provide an opportunity for a

15

hearing. The civil penalty assessed shall not exceed $500. The

16

civil penalty shall be payable to the Department of Labor and

17

Industry and shall be collectible in a manner provided by law

18

for the collection of debt.

19

(f)  Hearing.--A hearing regarding a civil penalty imposed

20

under subsection (e) shall be conducted under 2 Pa.C.S.

21

(relating to administrative law and procedure).

22

(g)  Definitions.--As used in this section, the term

23

"establishment" means the following places:

24

(1)  A massage parlor, spa or a similar enterprise,

25

regardless of whether it is required to obtain a license or

26

permit from the Commonwealth for its operation.

27

(2)  A restaurant, bar, tavern, hotel or club that has a

28

valid liquor or malt or brewed beverage license under Article

29

IV of the act of April 12, 1951 (P.L.90, No.21), known as the

30

Liquor Code.

- 6 -

 


1

(3)  An adult entertainment enterprise featuring nude or

2

partially nude dancing or providing live adult entertainment.

3

(4)  A hotel or motel found to be a drug-related nuisance

4

under 42 Pa.C.S. Ch. 83 Subch. H (relating to drug nuisances)

5

or declared a common nuisance under section 1 of the act of

6

June 23, 1931 (P.L.1178, No.319), entitled "An act declaring

7

buildings and parts of buildings used for purposes of

8

fornication, lewdness, assignation, and prostitution to be

9

nuisances; providing a method of abating same; establishing a

10

method of procedure against those who use said buildings, or

11

parts thereof, for such purposes; and providing penalties for

12

violations of this act."

13

(5)  An airport, train station or bus station.

14

(6)  A welcome center or rest area operated by the

15

Department of Transportation.

16

(7)  A full-service commercial truck stop.

17

Section 3.  Effective date.

18

This act shall take effect in 60 days.

- 7 -