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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 NO. 315 PRINTER'S NO. 1688
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 338 Session of2011
INTRODUCED BY LEACH, FONTANA, STACK, TARTAGLIONE, WILLIAMS, WASHINGTON, VANCE, BRUBAKER AND FARNESE, JANUARY 28, 2011
SENATOR GORDNER, LABOR AND INDUSTRY, AS AMENDED, OCTOBER 18, 2011
AN ACT
Providing for the National Human Trafficking Resource Center <--
Hotline Act; and imposing duties on prothonotaries.
Providing for the National Human Trafficking Resource Center <--
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. <--
This act shall be known and may be cited as the National
Human Trafficking Resource Center Hotline Act.
Section 2. 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 shall post the sign on the inside
face of the main door leading directly into each unit.
(2) Establishments 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.
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(e) Notice.--
(1) The authority responsible for licensing the type of
establishment 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.
(f) 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.
(g) Hearing.--A hearing regarding a civil penalty imposed
under subsection (f) shall be conducted under 2 Pa.C.S.
(relating to administrative law and procedure).
(h) Lien.--If a person liable to pay a civil penalty imposed
under subsection (f) neglects or refuses to pay it after demand,
the amount of the civil penalty, together with interest and
other costs that may accrue, shall be a lien in favor of the
Commonwealth upon the real and personal property of the person
after the lien has been entered and docketed of record by the
prothonotary of the county where the property is situated.
(i) Duties of prothonotary.--Upon receipt of the certified
copy of the lien, it is the duty of the prothonotary to:
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(1) Enter and docket the lien in the records of his
office.
(2) Index the lien as judgments are indexed without
requiring the payment of costs as a condition precedent to
entry.
(j) Definition.--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.
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This act shall take effect in 60 days.
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. 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
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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.
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(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 3. Effective date.
This act shall take effect in 60 days.
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