PRINTER'S NO. 833 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No.805 Session of 2025 INTRODUCED BY M. MACKENZIE, MARCH 4, 2025 REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 4, 2025 AN ACT Amending the act of October 24, 2012 (P.L.1209, No.151), entitled "An act regulating child labor; conferring powers and duties on the Department of Labor and Industry and the Department of Education; imposing penalties; and making a repeal," further providing for administration and for penalties. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 10 of the act of October 24, 2012 (P.L.1209, No.151), known as the Child Labor Act, is amended by adding subsections to read: Section 10. Administration. * * * (a.1) Annual report.-- (1) The department shall report to the General Assembly annually on the enforcement of this act. The report shall be submitted to the chairperson and minority chairperson of the Labor and Industry Committee of the Senate and the chairperson and minority chairperson of the Labor and Industry Committee of the House of Representatives no later 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 than April 1 each year. (2) Each report under this subsection must include the following information for the most recently completed calendar year: (i) The number of complaints received and investigations initiated. (ii) The number of violations found, including: (A) The number of criminal charges filed under section 11(b). (B) The number and total amount of administrative penalties levied under section 11(c). (iii) The number of violations found for each type of violation listed in section 11(a). (iv) The number of violations found in each county. (v) Information regarding the frequency and severity of violations found in different industries. (vi) Information regarding violations of this act concerning unaccompanied alien minors who entered the United States unlawfully and were released to the custody of a sponsor by the United States Department of Health and Human Services, including: (A) The number and types of violations of this act concerning unaccompanied alien minors. (B) The number of violations in each county concerning unaccompanied alien minors. (C) A description of the department's interactions with other Federal and State agencies regarding unaccompanied alien minors. (D) The number of referrals to other Federal and State agencies regarding unaccompanied alien minors 20250HB0805PN0833 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 made by the department. (E) Information regarding the frequency and severity of violations concerning unaccompanied alien minors found in different industries. (F) Any other information about violations concerning unaccompanied alien minors that the department deems relevant. (vii) Any recommendations for the General Assembly for amendments to this act. (viii) Any other information that the department deems relevant. * * * (f) Cross-reporting requirements.--The following shall apply during an investigation authorized under subsection (b)(2): (1) If the department has reasonable cause to suspect that the employer has violated 8 U.S.C. § 1324a (relating to unlawful employment of aliens), the department shall make a report to the United States Immigration and Customs Enforcement of a possible violation. The report must identify the employer suspected of the violation, provide the name and any known address of the minor and include any other relevant information in the department's possession. (2) If the department has reasonable cause to suspect that a minor who is a subject of a complaint or investigation is a dependent child, as defined in 42 Pa.C.S. § 6302 (relating to definitions), or is a victim of child abuse, as defined in 23 Pa.C.S. § 6303(b.1) (relating to definitions), the department shall make a report to the Department of Human Services via the Statewide toll-free telephone number under 23 Pa.C.S. § 6332 (relating to establishment of Statewide 20250HB0805PN0833 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 toll-free telephone number) or a written report using electronic technologies under 23 Pa.C.S. § 6305 (relating to electronic reporting). The report must include any relevant information in the department's possession. The department is not required to make a report under this paragraph if the department has made a substantially similar report to an appropriate law enforcement official. Section 2. Section 11(b) of the act is amended by adding a paragraph to read: Section 11. Penalties. * * * (b) Criminal penalties.-- * * * (3) A person that willfully violates subsection (a) commits a misdemeanor of the second degree if the person knew or reasonably should have known that the minor is without proper parental care or control, subsistence, education as required by law or other care or control necessary for the minor's physical, mental or emotional health or morals. A person guilty of an offense under this paragraph shall, upon conviction, be sentenced to pay a fine of not more than $5,000 for each violation or to imprisonment for not more than two years, or both. * * * Section 3. This act shall take effect in 60 days. 20250HB0805PN0833 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25