PRINTER'S NO. 1950
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1335
Session of
2022
INTRODUCED BY SCHWANK, KANE, STREET, COMITTA, FONTANA, KEARNEY,
CAPPELLETTI, BOSCOLA, MUTH, COSTA AND TARTAGLIONE,
OCTOBER 3, 2022
REFERRED TO JUDICIARY, OCTOBER 3, 2022
AN ACT
Amending the act of October 25, 2012 (P.L.1618, No.197),
entitled "An act providing for the National Human Trafficking
Resource Center Hotline Notification Act; imposing duties on
the Department of Labor and Industry; and prescribing
penalties," further providing for definitions and for
required posting; providing for business entity required
training; further providing for enforcement and for
affirmative defenses; providing for regulations; and making
editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2 and 3 of the act of October 25, 2012
(P.L.1618, No.197), known as the National Human Trafficking
Resource Center Hotline Notification Act, are amended to read:
Section 2. Definitions.
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:
"Bed and breakfast homestead or inn." A private residence
open to the public that offers overnight accommodations with 10
or fewer bedrooms and which breakfast is included in the charge
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for the room and the only meal offered to guests.
"Business entity." A lodging establishment, a full-service
truck stop establishment or a truck stop establishment located
in this Commonwealth.
"Business entity employee." An individual who has an
agreement of employment with a business entity in a role that is
likely to interact or come into contact with victims of human
trafficking because the business entity employee has employment
duties that require reoccurring interaction with the public or
employment in security, the front desk or reception area, room
service, bell staff, housekeeping, customer assistance with
moving possessions or belongings or driving duties.
"County agency." A county children and youth social service
agency established under section 405 of the act of June 24, 1937
(P.L.2017, No.396), known as the County Institution District
Law, and supervised by the department under Article IX of the
act of June 13, 1967 (P.L.31, No.21), known as the Human
Services Code.
"Department." The Department of Human Services of the
Commonwealth.
"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 been 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
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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."] a nuisance law.
"Employment." The performance of or assistance with duties
at a business entity, for remuneration, by an individual who is
under a contract of hire, expressed or implied, written or oral.
The term shall include service for interstate commerce.
"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."] a nuisance law.
(5) An airport, train station or bus station.
(6) A welcome center or rest area operated by the
Department of Transportation or the Pennsylvania Turnpike
Commission.
(7) A full-service truck stop [as defined in section 2
of the act of June 13, 2008 (P.L.182, No.27), known as the
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Clean Indoor Air Act] establishment.
"Full-service truck stop establishment." The term shall have
the same definition as the definition of "full-service truck
stop" in section 2 of the act of June 13, 2008 (P.L.182, No.27),
known as the Clean Indoor Air Act.
"Human trafficking." Any activity in violation of 18 Pa.C.S.
§ 3011 (relating to trafficking in individuals) either alone or
in conjunction with an activity in violation of 18 Pa.C.S. §
3012 (relating to involuntary servitude).
"Labor." Work or service of economic or financial value.
"Labor servitude." Labor performed or provided by an
individual that is induced or obtained in violation of 18
Pa.C.S. § 3012.
"Licensing authority." The governmental agency authorized by
law to license any aspect of the business of an establishment or
a business entity.
"Lodging establishment." An establishment, except for a
time-share arrangement or a bed and breakfast homestead or inn,
with lodging accommodations, facilities or privileges or
services, including:
(1) A hotel, motel, inn or resort found to be a nuisance
under a nuisance l a w.
(2) A hotel as defined in 4 Pa.C.S. § 1103 (relating to
definitions).
(3) A hotel establishment as defined in 12 Pa.C.S. §
3402 (relating to definitions).
(4) A building, other than one listed under paragraph
(1), which is held out by any means, including advertising,
license, registration with a hotelkeepers' group, convention
listing association, travel publication or similar
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association or government agency, as being available to
provide overnight lodging or use of facility space for
consideration to individuals seeking temporary accommodation.
(5) A place which advertises to the public that it will
provide beds, sanitary facilities or other space for a
temporary period to members of the public.
(6) A place recognized as a hostelry, except for
portions of the facility which are devoted to individuals who
have established permanent residence.
"Nuisance law." Either:
(1) A drug-related nuisance under 42 Pa.C.S. Ch. 83
Subch. H (relating to drug nuisances).
(2) 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."
"Personal service establishment." A place which:
(1) allows physical contact with another individual in a
closed door setting for the purpose of, but not limited to,
maintaining good health and establishing and maintaining good
physical condition through the physical contact regardless of
whether the place is required to obtain a license or permit
from the Commonwealth for its operation; and
(2) has been 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
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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."] a nuisance law.
"Secretary." The Secretary of Human Services of the
Commonwealth.
"Service." Any act committed at the behest, under the
supervision or for the benefit of another.
"Sex act." Any touching or exposure of the sexual or
intimate parts of an individual for the purpose of gratifying
sexual desire.
" Sexual servitude." Any sex act or performance involv ing a
sex act for which anything of value is directly or indirectly
given, promised to or received by any individual or which is
performed or provided by any individual and is induced or
obtained from:
(1) a minor; or
(2) any other individual by any of the means under 18
Pa.C.S. § 3012(b).
"Training." Awareness education training offered by a
business entity to a business entity employee as required under
section 3.1.
"Truck stop establishment." A premises that:
(1) Is equipped with diesel islands used for fueling
commercial motor vehicles.
(2) Has sold on average 50,000 gallons of diesel or
biodiesel fuel each month for the previous 12 months or is
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projected to sell an average of 50,000 gallons of diesel or
biodiesel fuel each month for the next 12 months.
(3) Has at least 20 parking spaces dedicated for
commercial motor vehicles.
(4) Has a convenience store.
(5) Is situated on a parcel of land of not less than
three acres that the truck stop establishment owns or leases.
(6) Is not located on any property owned by the
Pennsylvania Turnpike Commission.
Section 3. Required posting.
(a) Sign.--An establishment and a business entity 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 and business entities shall
post at least one sign in a conspicuous manner clearly visible
to the public and employees of the [establishment]
establishments or business entities.
(c) Size, information and design.--The sign shall be no
smaller than 8 1/2 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[.] and text line at 233733.
(i.1) The contact information for the law
enforcement agency in the county where the sign is
posted.
(ii) Victims of human trafficking are protected
under United States and Pennsylvania law.
(2) The Department of Labor and Industry may consult
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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 and text number
of the National Human Trafficking Resource Center Hotline by
showing the [number] numbers 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 shall provide notice of this
section on its Internet website.
(2) The Department of Labor and Industry shall provide
the sign required by subsection (a) on its Internet website
for establishments and business entities to print as needed.
Section 2. The act is amended by adding a section to read:
Section 3.1. Business entity required training.
(a) General rule.--
(1) A business entity shall develop and provide training
on identifying human trafficking, the activities of human
trafficking, protection efforts for victims of human
trafficking and the prevention of human trafficking in
accordance with subsection (d) to all business entity
employees.
(2) A business entity may contract with a third-party
that specializes in human trafficking training to develop or
provide the training.
(3) The training may be based on the model awareness
training developed by the department under subsection (c).
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(4) A confirmation of completion of the training shall
be signed by the business entity employee and retained by the
business entity for two years after the date of completion of
the training.
(5) The business entity employee may not be charged a
fee to receive training.
(b) Frequency.--Training shall:
(1) Occur within six months of:
(i) the effective date of this section;
(ii) the date on which a business entity employee is
hired; or
(iii) the date of transfer of a business entity
employee within the business entity if the business
entity employee has not received the training within the
last two years.
(2) Reoccur every two years for each business entity
employee.
(c) Duties of department.--
(1) The department, in consultation with county
agencies, shall develop a Statewide protocol for improvement
of identification, protection of victims and prevention of
human trafficking and model training that includes, at a
minimum, the requirements of subsection (d).
(2) The department, in consultation with county
agencies, shall develop guidance and written materials based
on best practice and approaches to offering training.
(3) The department shall provide the model training,
guidance and written materials to a requesting business
entity and shall post the model training, guidance and
written materials on its publicly accessible Internet
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website.
(d) Requirements.--
(1) Training developed and provided shall, at a minimum:
(i) Consist of 20 minutes of classroom or other
effective interactive education regarding human
trafficking.
(ii) Provide the definition of human trafficking.
(iii) Provide a general overview of identifying
those at highest risk for human trafficking and
protecting victims of human trafficking.
(iv) Teach the difference between labor servitude
and sexual servitude.
(v) Provide guidance on how to respond to suspected
instances of human trafficking.
(vi) Provide the contact information listed in
section 3(c)(1) and the locations of the posted signs
required under section 3(b) in the business entity.
(2) Training may include materials and information
provided by the department, a Federal department or agency, a
State department or agency, a county agency or a private
nonprofit organization that represents the interests of
victims of human trafficking.
Section 3. Sections 4 and 6(a)(1) of the act are amended to
read:
Section 4. Enforcement.
(a) Complaints.--A complaint regarding a possible violation
of this act may be made to the appropriate law enforcement
agency or the licensing authority if the establishment or
business entity is subject to licensure. A complaint to the
licensing authority shall be made in one of the following
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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 or business entity is
subject to licensure by an agency of the Commonwealth,
the licensing authority shall refer the complaint to the
appropriate Commonwealth licensing agency for
investigation and enforcement of this act.
(2) If the complaint is made to a law enforcement
agency, the agency shall investigate the complaint and
enforce this act.
Section 6. Affirmative defenses.
(a) General rule.--Any of the following shall be an
affirmative defense by an owner, operator or manager to a
prosecution or imposition of an administrative penalty under
this act:
(1) When the violation occurred, the actual control of
the establishment or business entity was not exercised by the
owner, operator or manager, but by a lessee.
* * *
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Section 4. The act is amended by adding a section to read:
Section 10. Regulations.
The secretary may promulgate regulations as necessary to
implement section 3.1.
Section 5. The provisions of this act are severable. If any
provision of this act or its application to any person or
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this act which can be given
effect without the invalid provision or application.
Section 6. This act shall take effect in 60 days.
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