Pennsylvania Act 2012-197 — NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE NOTIFICATION ACT - ENACTMENT

Act text

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:

TABLE OF CONTENTS

Section 1. Short title.

Section 2. Definitions.

Section 3. Required posting.

Section 3.1. Training requirements for public lodging establishments.

Section 3.2. Training requirements for third-party listing platforms and rental operators.

Section 4. Enforcement.

Section 5. Violation.

Section 6. Affirmative defenses.

Section 7. Administrative penalties.

Section 8. Criminal penalties.

Section 9. Victim services.

Section 20. Effective date.

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.

(8) A public lodging establishment.

(Def. amended July 20, 2026, P.L.422, No.31)

"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."

"Public lodging contract worker." An individual employed by a third-party contractor who, under a contract for services with a public lodging establishment, has contact with guests or access to guest rooms of the public lodging establishment. (Def. added July 20, 2026, P.L.422, No.31)

"Public lodging employee." An individual employed by a public lodging establishment who has contact with guests or access to guest rooms of the public lodging establishment. (Def. added July 20, 2026, P.L.422, No.31)

"Public lodging establishment." A hotel, motel, inn or similar entity in this Commonwealth that offers more than 10 rooms to the public for temporary lodging for a fee. (Def. added July 20, 2026, P.L.422, No.31)

"Rental operator." A person or entity that owns or manages a short-term rental. (Def. added July 20, 2026, P.L.422, No.31)

"Short-term rental." A residential or multifamily property offered for rent to a transient individual for a period of less than 30 consecutive days. The term does not include a public lodging establishment. (Def. added July 20, 2026, P.L.422, No.31)

"Third-party contractor." A person or entity that manages or provides public lodging contract workers to a public lodging establishment under a service contract. (Def. added July 20, 2026, P.L.422, No.31)

"Third-party listing platform." An electronic platform used by a rental operator to advertise or facilitate the rental of a short-term rental. (Def. added July 20, 2026, P.L.422, No.31)

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 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 to print as needed.

Section 3.1. Training requirements for public lodging establishments.

(a) Training requirements.--

(1) Except as provided under subsection (b), the owner, operator or manager of a public lodging establishment shall ensure that each public lodging employee receives human trafficking awareness training in accordance with this section.

(2) Except as provided under subsection (b), a third-party contractor shall ensure that each public lodging contract worker providing services to a public lodging establishment receives human trafficking awareness training in accordance with this section.

(3) The training required under paragraphs (1) and (2) shall be completed as follows:

(i) For a public lodging employee or contract worker employed or contracted before the effective date of this subparagraph, the training shall be completed within 90 days after the effective date of this subparagraph.

(ii) For a public lodging employee or contract worker hired or contracted on or after the effective date of this subparagraph, the training shall be completed within 90 days after the date of hire or contract commencement.

(4) A contract entered into or renewed after the effective date of this paragraph between a public lodging establishment and a third-party contractor shall require that each public lodging contract worker complete human trafficking awareness training before providing guest services or accessing guest rooms. Failure to comply with this requirement shall constitute a breach of the contract.

(b) Alternative training.--The training requirements under subsection (a) shall not apply to a public lodging employee or contract worker who has completed human trafficking awareness training that meets the criteria under this section within the 12-month period before the effective date of this subsection and provides a record of completion to the owner, operator or manager of the public lodging establishment or third-party contractor.

(c) Validity.--Training completed under subsection (a) or (b) shall be valid for two years from the date of completion.

(d) Record of completion.--

(1) A public lodging employee or contract worker who completes training under subsection (a) shall provide a signed and dated acknowledgment of training completion to the owner, operator or manager of the public lodging establishment or third-party contractor.

(2) A public lodging employee or contract worker who completes alternative training under subsection (b) shall provide a copy of the record of training completion to the owner, operator or manager of the public lodging establishment or third-party contractor.

(3) The owner, operator or manager of the public lodging establishment or third-party contractor shall maintain the records under paragraphs (1) and (2) and make the records available to the Department of Labor and Industry, an appropriate law enforcement agency or the licensing authority upon request.

(4) Records under this subsection may be maintained in digital or paper form.

(e) Training components.--Human trafficking awareness training shall include all of the following:

(1) The legal definitions of human trafficking and commercial exploitation of children.

(2) Guidance on identifying individuals at risk of human trafficking.

(3) Guidance on recognizing signs of human trafficking and individuals potentially engaged in trafficking activities.

(4) An explanation of the differences between labor trafficking and sex trafficking specific to the public lodging establishment sector.

(5) Guidance on the role of employees in reporting and responding to suspected human trafficking.

(6) Contact information for the Pennsylvania State Police and procedures for reporting suspected human trafficking.

(f) Approval of training programs.--The Pennsylvania Commission on Crime and Delinquency, in consultation with Statewide associations representing the lodging, hospitality and travel and tourism industries, shall have the following duties:

(1) Approve free online training courses or existing programs that meet the requirements of this section.

(2) Publish a list of approved training programs on its publicly accessible Internet website.

(g) Record retention.--

(1) The owner, operator or manager of the public lodging establishment or third-party contractor shall maintain records verifying training completion under subsection (a) or (b) for the duration of the public lodging employee's or contract worker's employment or contract and for one year thereafter.

(2) Records shall be made available to the Department of Labor and Industry, an appropriate law enforcement agency or the licensing authority upon request.

(3) Failure to maintain or provide records shall constitute a violation subject to section 7.

(3.1 added July 20, 2026, P.L.422, No.31)

Section 3.2. Training requirements for third-party listing platforms and rental operators.

(a) Training requirements.--

(1) Except as provided under subsection (b), a third-party listing platform shall ensure that each rental operator using the platform completes human trafficking awareness training and certifies completion of the training in accordance with paragraph (3).

(2) The training shall be completed as follows:

(i) For a rental operator that is operational before the effective date of this subparagraph, the training shall be completed within 90 days after the effective date of this subparagraph.

(ii) For a rental operator commencing operations on or after the effective date of this subparagraph, the training shall be completed before offering a short-term rental.

(3) The third-party listing platform shall ensure that each rental operator using the platform certifies completion of the training by the rental operator through a method established by the platform.

(b) Alternative training.--The training requirements under subsection (a) shall not apply to a rental operator who has completed human trafficking awareness training that meets the criteria under this section within the 12-month period before the effective date of this subsection and attests to completion of the training through a method established by the third-party listing platform.

(c) Validity.--Training completed under subsection (a) or (b) shall be valid for two years from the date of completion.

(d) Record of completion.--

(1) A rental operator who completes training under subsection (a) shall attest that the rental operator completed training through a method established by the third-party listing platform and shall keep a copy of the record of the completed training.

(2) A rental operator who completes alternative training under subsection (b) shall attest that the rental operator completed training through a method established by the third-party listing platform and shall keep a copy of the record of the completed training.

(3) A rental operator shall maintain records under paragraphs (1) and (2) and make the records available to an appropriate law enforcement agency or the licensing authority upon request.

(4) Records under this subsection may be maintained in digital or paper form.

(5) The third-party listing platform shall provide confirmation to the rental operator upon receipt of the acknowledgment or record of completion.

(e) Training components.--Human trafficking awareness training shall include all of the following:

(1) The legal definitions of human trafficking and commercial exploitation of children.

(2) Guidance on identifying individuals at risk of human trafficking.

(3) Guidance on recognizing signs of human trafficking and individuals potentially engaged in trafficking activities.

(4) An explanation of the differences between labor trafficking and sex trafficking specific to the public lodging establishment sector.

(5) Guidance on the role of rental operators in reporting and responding to suspected human trafficking.

(6) Contact information for the Pennsylvania State Police or other law enforcement entities and procedures for reporting suspected human trafficking.

(f) Approval of training programs.--The Pennsylvania Commission on Crime and Delinquency, in consultation with Statewide associations representing the lodging, hospitality and travel and tourism industries, shall have the following duties:

(1) Approve free online training courses or existing programs that meet the requirements of this section.

(2) Publish a list of approved training programs on its publicly accessible Internet website.

(g) Record retention.--

(1) A rental operator shall maintain records verifying training completion under subsection (a) or (b) for the duration of the rental operator's use of the platform and for two years thereafter.

(2) Records shall be made available to the Department of Labor and Industry, an appropriate law enforcement agency or the licensing authority upon request.

(3) Failure to maintain or provide records shall constitute a violation subject to section 7.

(3.2 added July 20, 2026, P.L.422, No.31)

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.

(3) Upon request by an appropriate law enforcement agency or the licensing authority under section 3.1(d)(3), the owner, operator or manager of a public lodging establishment or third-party contractor shall provide training acknowledgments or records of completion for review. ((3) added July 20, 2026, P.L.422, No.31)

(4) Upon request by an appropriate law enforcement agency or the licensing authority under section 3.2(d)(3), a third-party listing platform shall provide training acknowledgments for review and a rental operator shall provide a copy of the rental operator's completion certificate for review. ((4) added July 20, 2026, P.L.422, No.31)

Section 5. Violation.

(a) Posting requirements.--It is a violation of this act to fail to post a sign as required by section 3.

(b) Training requirements.--

(1) Failure by an owner, operator or manager of a public lodging establishment or third-party contractor to comply with section 3.1 constitutes a violation of this act.

(2) Failure by a third-party listing platform or rental operator to comply with section 3.2 constitutes a violation of this act.

(5 amended July 20, 2026, P.L.422, No.31)

Section 6. Affirmative defenses.

(a) Owners, operators or managers.--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.

(3) The owner, operator or manager made a good faith effort to comply with section 3.1.

(a.1) Third-party listing platforms or rental operators.--It shall be an affirmative defense to a prosecution or administrative penalty under this act that the third-party listing platform or rental operator made a good faith effort to comply with section 3.2. A third-party listing platform shall not be liable for reasonably relying on a representation by a rental operator that the rental operator completed the training required under section 3.2.

(b) Affidavit by owners, operators or managers.--An owner, operator or manager asserting an affirmative defense shall do so in the form of a sworn affidavit specifying the relevant information under subsection (a)(1), (2) or (3).

(b.1) Affidavit by third-party listing platforms or rental operators.--A third-party listing platform or rental operator asserting an affirmative defense under subsection (a.1) shall do so in the form of a sworn affidavit specifying any relevant information.

(6 amended July 20, 2026, P.L.422, No.31)

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 or the training requirements of section 3.1 or 3.2, 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. ((a) amended July 20, 2026, P.L.422, No.31)

(b) Schedule of sanctions regarding posting requirements.--(Hdg. amended July 20, 2026, P.L.422, No.31)

(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.

(b.1) Schedule of sanctions regarding training requirements.--

(1) Upon determining that a person has violated section 3.1 or 3.2, the licensing authority shall issue a warning to the person and allow 90 days to cure the violation.

(2) Failure to cure a violation of section 3.1 or 3.2 within 90 days of a warning under paragraph (1) shall constitute a second violation, subjecting the person to a penalty of not more than $250.

(3) Failure to cure a violation within 90 days of a penalty being imposed under paragraph (2) shall constitute a third violation, subjecting the person to a penalty of not more than $500 and possible suspension of a license to operate a public lodging establishment or short-term rental for up to one year.

(4) Each subsequent day of noncompliance after a third violation constitutes a new violation.

((b.1) added July 20, 2026, P.L.422, No.31)

(c) Penalties collected.--

(1) Except as provided under paragraph (2), the penalties collected under this section shall be retained by the licensing authority initiating the enforcement action.

(2) No less than 50% of the penalties retained by the licensing authority shall be distributed to the Pennsylvania Commission on Crime and Delinquency for grants under 18 Pa.C.S. § 3031 (relating to grants).

((c) amended July 20, 2026, P.L.422, No.31)

(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 or the training requirements of section 3.1 or 3.2 commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $100.

(b) Offense following sentencing.--A person that violates the posting requirements of section 3 or the training requirements of section 3.1 or 3.2 within 90 days of being sentenced under subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $250.

(c) Misdemeanor.--

(1) A person that violates the posting requirements of section 3 or the training requirements of section 3.1 or 3.2 within 90 days of being sentenced under subsection (b) commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not more than $500. Each day of noncompliance with section 3.1 or 3.2 shall constitute a separate offense.

(2) Upon receipt of a certified record of conviction for a violation of section 3.1 or 3.2 under paragraph (1), the court shall notify the licensing authority, which may suspend the license of the public lodging establishment or short-term rental for up to one year, subject to section 7(d).

(d) Municipal enforcement.--

(1) Except as provided under paragraph (2) and 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.

(2) No less than 50% of the penalties retained by the municipality shall be distributed to the Pennsylvania Commission on Crime and Delinquency for grants under 18 Pa.C.S. § 3031 (relating to grants).

(e) Pennsylvania State Police enforcement.--

(1) Except as provided under paragraph (2), if an enforcement action is initiated by the Pennsylvania State Police, the Pennsylvania State Police shall retain the penalties collected under this section.

(2) No less than 50% of the penalties retained by the Pennsylvania State Police shall be distributed to the Pennsylvania Commission on Crime and Delinquency for grants under 18 Pa.C.S. § 3031.

(8 amended July 20, 2026, P.L.422, No.31)

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 human trafficking, as defined in 18 Pa.C.S. § 3001 (relating to definitions), with the following services:

(1) Appropriate housing, taking into account the victim's status as a victim of human trafficking 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 of human trafficking is not held in a detention facility.

(9 amended Apr. 15, 2024, P.L.23, No.7)

Section 20. Effective date.

This act shall take effect in 60 days.