THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 11, 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 prescribing penalties.

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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.  Definitions.

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The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Drinking establishment."  Any bar, tavern or club which:

(1)  operates pursuant to an eating place retail

dispenser's license, restaurant liquor license or retail

dispenser's license under the act of April 12, 1951 (P.L.90,

No.21), known as the Liquor Code; and

(2)  has total annual sales of food sold for on-premises

consumption of less than or equal to 20% of the combined

gross sales of the establishment.

"Establishment."  Includes:

(1)  A personal service establishment.

(2)  A drinking establishment.

(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.

(7)  A full-service commercial truck stop.

"Licensing authority."  The governmental agency authorized by

law to license an establishment.

"Personal service establishment."  A place where services are

provided by an individual licensed under the act of October 9,

2008 (P.L.1438, No.118), known as the Massage Therapy Law.

Section 2 3.  Required posting.

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(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 licensing authority responsible for licensing

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the establishments as defined in subsection (g) shall provide

notice of this section.

(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

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

the licensing authority for the establishment may assess a civil

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

assessing a civil penalty, the licensing authority 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.

(7)  A full-service commercial truck stop.

Section 4.  Enforcement.

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(a)  Complaints.--A complaint regarding a possible violation

of this act shall be made to the appropriate law enforcement

agency or the licensing authority. A complaint to the licensing

authority shall be made in one of the following manners:

(1)  In writing.

(2)  By telephone call to the licensing authority's toll-

free telephone number.

(3)  By an electronic submission to the licensing

authority's regularly maintained Internet website.

(b)  Responsibilities.--

(1)  Except as provided under paragraph (2), upon receipt

of a complaint by the licensing authority, the following

apply:

(i)  Except as set forth under subparagraph (ii), the

licensing authority shall investigate the complaint and

enforce this act.

(ii)  If the establishment is subject to licensure by

the Commonwealth, the licensing authority shall refer the

complaint to the appropriate licensing agency for

investigation and enforcement of this act.

(2)  If the complaint is made to a law enforcement agency

regarding an establishment, the agency shall investigate the

complaint and enforce this act.

Section 5.  Violation.

It is a violation of this act to fail to post a sign as

required by section 3.

Section 6.  Affirmative defenses.

(a)  General rule.--Any of the following shall be an

affirmative defense to a prosecution or imposition of an

administrative penalty under this act:

(1)  When the violation occurred, the actual control of

the establishment was not exercised by the owner, operator or

manager, but by a lessee.

(2)  The owner, operator or manager made a good faith

effort to post the required signs.

(b)  Affidavit.--An owner, operator or manager asserting an

affirmative defense shall do so in the form of a sworn affidavit

setting forth the relevant information under subsection (a)(1)

or (2).

Section 7.  Administrative penalties.

(a)  Penalty.--In addition to another remedy available at law

or in equity for a violation under section 5, the licensing

authority may, under subsection (b), assess an administrative

penalty upon a person for the violation. In assessing the

penalty, the licensing authority must give notice to the person

and provide an opportunity for a hearing. The penalty shall be

payable to the licensing authority and shall be collectible in a

manner provided by law for the collection of debt.

(b)  Schedule of sanctions.--

(1)  If the licensing authority or a State licensing

agency determines that a person has violated section 5, the

person shall be given a warning.

(2)  If the licensing authority or State licensing agency

determines that a person has violated section 5 within one

year of receiving a warning under paragraph (1), the person

shall be subject to a penalty not to exceed $250.

(3)  If the licensing authority or State licensing agency

determines that a person has violated section 5 within one

year of receiving a penalty under paragraph (2), the person

shall be subject to a penalty not to exceed $500.

(c)  Penalties collected.--The penalties collected under this

section shall be retained by the licensing authority or State

licensing agency initiating the enforcement action.

(d)  Procedure.--This section is subject to 2 Pa.C.S. Ch. 5

Subch. A (relating to practice and procedure of Commonwealth

agencies) and Ch. 7 Subch. A (relating to judicial review of

Commonwealth agency action).

Section 8.  Criminal penalties.

(a)  First offense.--A person that violates section 5 commits

a summary offense and shall, upon conviction, be given a

warning.

(b)  Offense following warning.--A person that violates

section 5 within one year of being warned under subsection (a)

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of not more than $250.

(c)  Misdemeanor.--A person that violates section 5 within

one year of being sentenced under subsection (b) commits a

misdemeanor and shall, upon conviction, be sentenced to pay a

fine of not more than $500.

(d)  Municipal enforcement.--Except as set forth in

subsection (e), the penalties collected under this section shall

be retained by the municipality in which the law enforcement

agency initiating the enforcement action is located.

(e)  Pennsylvania State Police enforcement.--If an

enforcement action is initiated by the Pennsylvania State

Police, the Pennsylvania State Police shall retain the penalties

collected under this section.

Section 3 20.  Effective date.

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This act shall take effect in 60 days.