THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CLYMER, AUMENT, BAKER, BENNINGHOFF, BISHOP, BOYD, D. COSTA, DAVIS, DAY, DeLUCA, DENLINGER, EVERETT, GEIST, GINGRICH, GODSHALL, GOODMAN, GRELL, HARKINS, HENNESSEY, HICKERNELL, KAUFFMAN, KILLION, KNOWLES, KOTIK, KULA, MAHONEY, McGEEHAN, MILLARD, M. O'BRIEN, PICKETT, RAPP, READSHAW, SANTONI, SONNEY, STERN, TAYLOR, VULAKOVICH, WATSON, YOUNGBLOOD, JOSEPHS, GILLESPIE, SWANGER, PETRARCA, CURRY, MYERS, MICOZZIE, HARHAI, STEVENSON, FLECK, CUTLER, REESE, MIRABITO, PEIFER, REICHLEY, ROCK, BRIGGS, BOBACK, HESS, MURT, COHEN, V. BROWN, ADOLPH, ROEBUCK, CREIGHTON, BEAR, BLOOM, GIBBONS, PRESTON, MALONEY, M. SMITH, MANN, TOOHIL, CALTAGIRONE, GILLEN AND M. K. KELLER, JANUARY 26, 2011

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 22, 2012   

AN ACT

Providing for the National Human Trafficking Resource Center

Hotline Notification Act; and imposing duties on the

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Department of Labor and Industry; and providing for victim

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services.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

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

Human Trafficking Resource Center Hotline Notification Act.

Section 2.  Required posting.

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

shall post a sign containing information regarding the National

Human Trafficking Resource Center Hotline. Any other

establishment or business may post a sign.

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

a conspicuous manner clearly visible to the public and employees

of the establishment.

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

smaller than 8½ by 11 inches.

(1)  The Department of Labor and Industry shall design

the sign to include the following information:

(i)  The National Human Trafficking Resource Center

Hotline at 1-888-373-7888.

(ii)  Victims of human trafficking are protected

under United States and Pennsylvania law.

(2)  The Department of Labor and Industry may consult

with human trafficking victim advocates to determine other

information that may be included on the sign.

(3)  The Department of Labor and Industry shall design

the sign to draw attention to the telephone number of the

National Human Trafficking Resource Center Hotline by showing

the number in bold type and large font.

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

other language mandated by the Voting Rights Act of 1965

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

where the sign will be posted.

(d)  Notice.--

(1)  The authority responsible for licensing the

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establishments as defined in subsection (g) shall provide

notice of this section.

(1)  The Department of Labor and Industry shall provide

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notice of this section through publication in the

Pennsylvania Bulletin and as it deems practical.

(2)  The Department of Labor and Industry shall provide

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

for establishments to print as needed.

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

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

the licensing authority for the establishment Department of

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Labor and Industry may assess a civil penalty upon a person an

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establishment for a violation of this section. In assessing a

civil penalty, the licensing authority Department of Labor and

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Industry shall give notice to the person and shall provide an

opportunity for a hearing. The civil penalty assessed shall not

exceed $500. The civil penalty shall be payable to the

Department of Labor and Industry and shall be collectible in a

manner provided by law for the collection of debt.

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

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

(relating to administrative law and procedure).

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

"establishment" means the following places:

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

regardless of whether it is required to obtain a license or

permit from the Commonwealth for its operation.

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

valid liquor or malt or brewed beverage license under Article

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

Liquor Code.

(3)  An adult entertainment enterprise featuring nude or

partially nude dancing or providing live adult entertainment.

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

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

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

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

buildings and parts of buildings used for purposes of

fornication, lewdness, assignation, and prostitution to be

nuisances; providing a method of abating same; establishing a

method of procedure against those who use said buildings, or

parts thereof, for such purposes; and providing penalties for

violations of this act."

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

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

Department of Transportation.

Section 3.  Victim services.

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(a)  Development of plan.--To the extent that Federal or

State funds are available, the Pennsylvania Commission on Crime

and Delinquency shall develop a plan for a coordinated response

system, in consultation with other appropriate government

agencies, including law enforcement, nongovernmental

organizations and victim advocacy groups to provide victims of

trafficking under 18 Pa.C.S. Ch.30 (relating to trafficking of

persons) with the following services:

(1)  Appropriate housing, taking into account the

victim's status as a victim of an offense enumerated under 18

Pa.C.S. § 3002 (relating to trafficking of persons) and

including safe conditions for sleeping, food and personal

hygiene.

(2)  Psychological counseling.

(3)  Medical assistance, including confidential testing

for sexually transmitted diseases and the human

immunodeficiency virus.

(4)  Substance abuse counseling.

(5)  Child care.

(6)  Access to employment, educational and training

opportunities.

(7)  Legal assistance and case management.

(8)  Social case management, including information about

and help with access to victim services.

(b)  Condition.--Housing services provided under subsection

(a)(1) must ensure that, to the extent possible, the victim is

not held in a detention facility.

Section 3 10.  Effective date.

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This act shall take effect in 60 days.