SENATE AMENDED

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, M. K. KELLER AND MUNDY, JANUARY 26, 2011

SENATOR GORDNER, LABOR AND INDUSTRY, IN SENATE, AS AMENDED, OCTOBER 15, 2012   

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.

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.

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 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

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."

"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 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 Clean

Indoor Air Act.

"Licensing authority."  The governmental agency authorized by

law to license any aspect of the business of an establishment.

"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

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."

Section 3.  Required posting.

(a)  Sign.--An establishment 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 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.

(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 shall provide notice of this

section to an establishment whose business it has authority

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to license on its Internet website.

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(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 may be made to the appropriate law enforcement

agency or the licensing authority if the establishment is

subject to licensure. 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

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 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 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 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 of the posting requirements of

section 3, 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 determines that a person

has violated the posting requirements of section 3, the

person shall be given a warning.

(2)  If the licensing authority determines that a person

has violated the posting requirements of section 3 within one

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

shall be subject to a penalty of not more than $250.

(3)  If the licensing authority determines that a person

has violated the posting requirements of section 3 within one

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

shall be subject to a penalty of not more than $500.

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

section shall be retained by the licensing authority initiating

the enforcement action.

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

Subch. A (relating to practice and procedure of Commonwealth

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

Commonwealth agency action).

Section 8.  Criminal penalties.

(a)  First offense.--A person that violates the posting

requirements of section 3 commits a summary offense and shall,

upon conviction, be given a warning sentenced to pay a fine of

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not more than $100.

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

posting requirements of section 3 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 the posting

requirements of section 3 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 9.  Victim services.

(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 20.  Effective date.

This act shall take effect in 60 days.