Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB1286 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 1462 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL 
No.1286 
Session of 
2025 
INTRODUCED BY YOUNG, E. NELSON, KHAN, LEADBETER, ISAACSON, 
KENYATTA, M. MACKENZIE, GIRAL, BURGOS, PIELLI, SANCHEZ, HILL-
EVANS, HADDOCK, CEPEDA-FREYTIZ, CONKLIN, MALAGARI, FLEMING, 
ZIMMERMAN, STEELE, CERRATO, GREEN AND CURRY, APRIL 22, 2025 
REFERRED TO COMMITTEE ON TOURISM, RECREATION AND ECONOMIC 
DEVELOPMENT, APRIL 22, 2025 
AN ACT
Amending the act of October 25, 2012 (P.L.1618, No.197), 
entitled "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," further providing for definitions; providing for 
training requirements for public lodging establishments and 
for training requirements for third-party listing platforms 
and rental operators; further providing for e nforcement, for 
violation, for affirmative defenses, for administrative 
penalties and for criminal penalties; and imposing duties on 
the Pennsylvania Commission on Crime and Delinquency .
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  The definition of "establishment" in section 2 of 
the act of October 25, 2012 (P.L.1618, No.197), known as the 
National Human Trafficking Resource Center Hotline Notification 
Act, is amended and the section is amended by adding definitions 
to read:
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 
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21 context clearly indicates otherwise:
* * *
"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.
* * *
"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.
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30 "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.
"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.
"Rental operator."   	A person or entity that owns or manages a  
short-term rental.
"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.
"Third-party contractor."   	A person or entity that manages or  
provides public lodging contract workers to a public lodging 
establishment under a service contract.
"Third-party listing platform."   	An electronic platform used  
by a rental operator to advertise or facilitate the rental of a 
short-term rental.
Section 2.  The act is amended by adding sections to read:
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 
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30 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.
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30 (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 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.
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30 (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 the 
Pennsylvania Restaurant and Lodging Association, 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 or a law enforcement agency upon request.
(3)  Failure to maintain or provide records shall 
constitute a violation subject to section 7.
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 
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30 training.
(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 certify 
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 provides a record of 
completion to 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 provide a signed and dated 
acknowledgment of training completion to the third-party 
listing platform through a method established by the 
platform.
(2)  A rental operator who completes alternative training 
under subsection (b) shall provide a copy of the record of 
training completion to the third-party listing platform.
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30 (3)  The third-party listing platform 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)  Record retention.--
(1)  The third-party listing platform 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.
Section 3.  Section 4(b) of the act is amended by adding 
paragraphs to read:
Section 4.  Enforcement.
* * *
(b)  Responsibilities.--
* * *
(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.
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30 (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 or records of completion for review.
Section 4.  Sections 5 and 6 of the act are amended to read:
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.
Section 6.  Affirmative defenses.
(a)  [General rule] 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 
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30 listing platform or rental operator made a good faith effort to 
comply with 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 [ setting forth] specifying the 
relevant information under subsection [ (a)(1) or (2)] (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.
Section 5.  Section 7(a), (b) heading and (c) of the act are 
amended and the section is amended by adding a subsection to 
read:
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.
(b)  Schedule of sanctions regarding posting requirements .--
* * *
(b.1)  Schedule of sanctions regarding training 
requirements.--
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30 (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.
(c)  Penalties collected.--[ The]
(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).
* * *
Section 6.  Section 8 of the act is amended to read:
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.
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30 (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 [one year] 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 [one year] 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 new 
violation.
(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 [set forth in] 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.--[ If]
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30 (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. § 303 	1. 
Section 7.  This act shall take effect in 180 days.
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