Bill Text: PA SB338 | 2011-2012 | Regular Session | Amended

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Bill Title: Providing for the National Human Trafficking Resource Center Hotline Notification Act; imposing duties on the Department of Labor and Industry; and prescribing penalties.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Introduced - Dead) 2012-06-30 - Laid on the table [SB338 Detail]

Download: Pennsylvania-2011-SB338-Amended.html

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PRIOR PRINTER'S NOS. 315, 1688 PRINTER'S NO. 2264
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 338 Session of2011
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 <--
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 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. <--
(a) Sign.--An establishment defined under subsection (g)
shall post a sign containing information regarding the National
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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 <--
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
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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
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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."
(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. <--
(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.
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(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
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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
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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. <--
This act shall take effect in 60 days.
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