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 AND CALTAGIRONE, JANUARY 26, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 6, 2011   

AN ACT

Providing for posting of information relating to the National

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Human Trafficking Resource Center Hotline; and imposing

duties on the Department of Labor and Industry, certain

licensing authorities and prothonotaries.

Providing for the National Human Trafficking Resource Center

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Hotline Notification Act; and imposing duties on the

Department of Labor and Industry.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

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

Human Trafficking Resource Center Hotline Act.

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:

"Establishment."  Includes the following places:

(1)  Massage parlors, spas or a similar enterprise,

regardless of whether it is required to obtain a license or

permit from the Commonwealth for its operation.

(2)  Restaurants, bars, taverns, hotels or clubs that

have 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)  Adult entertainment enterprises featuring nude or

partially nude dancing or providing live adult entertainment.

(4)  Hotels or motels 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)  Airports, train stations and bus stations.

(6)  Welcome centers and rest areas operated by the

Department of Transportation.

(7)  Truck stops that cater to long-haul truck drivers

that provide shower facilities for a fee.

"Licensing authority."  The licensing authority for the

establishment.

Section 3.  Required posting.

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

certain information regarding the National Human Trafficking

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

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

shall be posted near the entrance of the establishment or

prominently where notices are usually posted. The sign shall

state the following:

National Human Trafficking Resource Center Hotline at

1-888-373-7888

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

any activity and cannot leave - whether it is commercial

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

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

to access help and services.

Victims of human trafficking are protected under United

States and Pennsylvania law.

The hotline is:

Anonymous and confidential

Available 24/7

Toll free

Operated by a nongovernmental, nonprofit organization

Accessible in 170 languages

Able to provide help, referral to services, training

and general information.

(b)  Posting.--

(1)  Establishments under paragraph (4) of the definition

of "establishment" in section 2 shall post the sign required

in subsection (a) on the inside face of the main door leading

directly into each unit.

(2)  Establishments under paragraph (2), (5), (6) or (7)

of the definition of "establishment" in section 2 shall post

the sign required in subsection (a) inside all restrooms

either:

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

(ii)  on the back of the restroom door.

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

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

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

(e)  Notice.--

(1)  The licensing authority shall provide notice of this

section and the sign required by subsection (a) on its

Internet website for establishments to print as needed.

(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.

Section 4.  Enforcement.

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

of this act shall be made to the appropriate law enforcement

agency or to 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

investigations 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.  Violations, affirmative defenses and penalties.

(a)  Violations.--It is a violation of this act to fail to

post a sign as required by section 3.

(b)  Affirmative defenses.--

(1)  Any of the following shall be an affirmative defense

to a prosecution or imposition of an administrative penalty

under this act:

(i)  When the violation occurred, the actual control

of the establishment was not exercised by the owner,

operator or manager but by a lessee.

(ii)  The owner, operator or manager made a good

faith effort to post the required sign.

(2)  The owner, operator or manager asserting the

affirmative defense shall do so in the form of a sworn

affidavit setting forth the relevant information under

paragraph (1)(i) or (ii).

(c)  Civil and Commonwealth administrative penalties.--

(1)  In addition to another remedy available at law or in

equity for a violation of this section, the licensing

authority may assess a civil penalty as set forth under

paragraph (2) 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 shall be payable to the

licensing authority and shall be collectible in a manner

provided by law for the collection of debt.

(2)  (i)  For a first violation, if the licensing

authority determines that a person violated subsection

(a), the person shall be issued a written warning.

(ii)  For a second or subsequent violation, if the

licensing authority determines that a person violated

subsection (a), the person shall be subject to a fine of

not more than $250.

(iii)  If the licensing authority determines that a

person violated subsection (a) within one year of a

violation under subparagraph (ii), the person shall be

subject to a penalty of not more than $500.

(iv)  If the licensing authority determines that a

person violated subsection (a) within one year of a

violation under subparagraph (iii), the person shall be

subject to a penalty of not more than $1,000.

(3)  This subsection is subject to 2 Pa.C.S. (relating to

administrative law and procedure).

(4)  The penalties collected under this subsection shall

be retained by the licensing authority initiating the

enforcement action.

(d)  Criminal penalties.--

(1)  A person that violates this act commits a summary

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

fine of not more than $250.

(2)  A person that violates this act within one year of

being sentenced under paragraph (1) commits a summary offense

and shall, upon conviction, be sentenced to pay a fine of not

more than $500.

(3)  A person that violates this act within one year of

being sentenced under paragraph (2) commits a misdemeanor of

the third degree and shall, upon conviction, be sentenced to

pay a fine of not more than $1,000.

(4)  The following apply to actions by law enforcement

officers:

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

penalties collected under this subsection shall be

retained by the municipality in which the law enforcement

agency initiating the enforcement action is located.

(ii)  If an enforcement action is initiated by the

Pennsylvania State Police, the Pennsylvania State Police

shall retain the penalties collected under this

subsection.

Section 6.  Effective date.

This act shall take effect in 60 days.

Section 1.  Short title.

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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

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

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.

Section 3.  Effective date.

This act shall take effect in 60 days.