Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB805 Latest Draft

Bill / Introduced Version

                             
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 
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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 
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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 
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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.
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