HB 1286 — An Act amending the act of October 25, 2012 (P.L.1618, No.197), known as the National Human Trafficking Resource Center Hotline Notification Act, 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 enforcement, for violation, for affirmative defenses, for administrative penalties and for criminal penalties; and imposing duties on the Pennsylvania Commission on Crime and Delinquency.

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
 1   Amending the act of October 25, 2012 (P.L.1618, No.197),
 2      entitled "An act providing for the National Human Trafficking
 3      Resource Center Hotline Notification Act; imposing duties on
 4      the Department of Labor and Industry; and prescribing
 5      penalties," further providing for definitions; providing for
 6      training requirements for public lodging establishments and
 7      for training requirements for third-party listing platforms
 8      and rental operators; further providing for enforcement, for
 9      violation, for affirmative defenses, for administrative
10      penalties and for criminal penalties; and imposing duties on
11      the Pennsylvania Commission on Crime and Delinquency.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.    The definition of "establishment" in section 2 of
15   the act of October 25, 2012 (P.L.1618, No.197), known as the
16   National Human Trafficking Resource Center Hotline Notification
17   Act, is amended and the section is amended by adding definitions
18   to read:
19   Section 2.   Definitions.
20      The following words and phrases when used in this act shall
21   have the meanings given to them in this section unless the
 1   context clearly indicates otherwise:
 2      * * *
 3      "Establishment."   Includes:
 4          (1)   A personal service establishment.
 5          (2)   A drinking establishment.
 6          (3)   An adult entertainment enterprise featuring nude or
 7      partially nude dancing or providing live adult entertainment.
 8          (4)   A hotel or motel found to be a drug-related nuisance
 9      under 42 Pa.C.S. Ch. 83 Subch. H (relating to drug nuisances)
10      or declared a common nuisance under section 1 of the act of
11      June 23, 1931 (P.L.1178, No.319), entitled "An act declaring
12      buildings and parts of buildings used for purposes of
13      fornication, lewdness, assignation, and prostitution to be
14      nuisances; providing a method of abating same; establishing a
15      method of procedure against those who use said buildings, or
16      parts thereof, for such purposes; and providing penalties for
17      violations of this act."
18          (5)   An airport, train station or bus station.
19          (6)   A welcome center or rest area operated by the
20      Department of Transportation or the Pennsylvania Turnpike
21      Commission.
22          (7)   A full-service truck stop as defined in section 2 of
23      the act of June 13, 2008 (P.L.182, No.27), known as the Clean
24      Indoor Air Act.
25          (8)   A public lodging establishment.
26      * * *
27      "Public lodging contract worker."     An individual employed by
28   a third-party contractor who, under a contract for services with
29   a public lodging establishment, has contact with guests or
30   access to guest rooms of the public lodging establishment.

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 1      "Public lodging employee."     An individual employed by a
 2   public lodging establishment who has contact with guests or
 3   access to guest rooms of the public lodging establishment.
 4      "Public lodging establishment."       A hotel, motel, inn or
 5   similar entity in this Commonwealth that offers more than 10
 6   rooms to the public for temporary lodging for a fee.
 7      "Rental operator."     A person or entity that owns or manages a
 8   short-term rental.
 9      "Short-term rental."     A residential or multifamily property
10   offered for rent to a transient individual for a period of less
11   than 30 consecutive days. The term does not include a public
12   lodging establishment.
13      "Third-party contractor."     A person or entity that manages or
14   provides public lodging contract workers to a public lodging
15   establishment under a service contract.
16      "Third-party listing platform."       An electronic platform used
17   by a rental operator to advertise or facilitate the rental of a
18   short-term rental.
19      Section 2.     The act is amended by adding sections to read:
20   Section 3.1.     Training requirements for public lodging
21                  establishments.
22      (a)   Training requirements.--
23            (1)   Except as provided under subsection (b), the owner,
24      operator or manager of a public lodging establishment shall
25      ensure that each public lodging employee receives human
26      trafficking awareness training in accordance with this
27      section.
28            (2)   Except as provided under subsection (b), a third-
29      party contractor shall ensure that each public lodging
30      contract worker providing services to a public lodging

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 1      establishment receives human trafficking awareness training
 2      in accordance with this section.
 3            (3)   The training required under paragraphs (1) and (2)
 4      shall be completed as follows:
 5                  (i)    For a public lodging employee or contract worker
 6            employed or contracted before the effective date of this
 7            subparagraph, the training shall be completed within 90
 8            days after the effective date of this subparagraph.
 9                  (ii)   For a public lodging employee or contract
10            worker hired or contracted on or after the effective date
11            of this subparagraph, the training shall be completed
12            within 90 days after the date of hire or contract
13            commencement.
14            (4)   A contract entered into or renewed after the
15      effective date of this paragraph between a public lodging
16      establishment and a third-party contractor shall require that
17      each public lodging contract worker complete human
18      trafficking awareness training before providing guest
19      services or accessing guest rooms. Failure to comply with
20      this requirement shall constitute a breach of the contract.
21      (b)   Alternative training.--The training requirements under
22   subsection (a) shall not apply to a public lodging employee or
23   contract worker who has completed human trafficking awareness
24   training that meets the criteria under this section within the
25   12-month period before the effective date of this subsection and
26   provides a record of completion to the owner, operator or
27   manager of the public lodging establishment or third-party
28   contractor.
29      (c)   Validity.--Training completed under subsection (a) or
30   (b) shall be valid for two years from the date of completion.

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 1      (d)   Record of completion.--
 2            (1)   A public lodging employee or contract worker who
 3      completes training under subsection (a) shall provide a
 4      signed and dated acknowledgment of training completion to the
 5      owner, operator or manager of the public lodging
 6      establishment or third-party contractor.
 7            (2)   A public lodging employee or contract worker who
 8      completes alternative training under subsection (b) shall
 9      provide a copy of the record of training completion to the
10      owner, operator or manager of the public lodging
11      establishment or third-party contractor.
12            (3)   The owner, operator or manager of the public lodging
13      establishment or third-party contractor shall maintain the
14      records under paragraphs (1) and (2) and make the records
15      available to the appropriate law enforcement agency or the
16      licensing authority upon request.
17            (4)   Records under this subsection may be maintained in
18      digital or paper form.
19      (e)   Training components.--Human trafficking awareness
20   training shall include all of the following:
21            (1)   The legal definitions of human trafficking and
22      commercial exploitation of children.
23            (2)   Guidance on identifying individuals at risk of human
24      trafficking.
25            (3)   Guidance on recognizing signs of human trafficking
26      and individuals potentially engaged in trafficking
27      activities.
28            (4)   An explanation of the differences between labor
29      trafficking and sex trafficking specific to the public
30      lodging establishment sector.

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 1            (5)   Guidance on the role of employees in reporting and
 2      responding to suspected human trafficking.
 3            (6)   Contact information for the Pennsylvania State
 4      Police and procedures for reporting suspected human
 5      trafficking.
 6      (f)   Approval of training programs.--The Pennsylvania
 7   Commission on Crime and Delinquency, in consultation with the
 8   Pennsylvania Restaurant and Lodging Association, shall have the
 9   following duties:
10            (1)   Approve free online training courses or existing
11      programs that meet the requirements of this section.
12            (2)   Publish a list of approved training programs on its
13      publicly accessible Internet website.
14      (g)   Record retention.--
15            (1)   The owner, operator or manager of the public lodging
16      establishment or third-party contractor shall maintain
17      records verifying training completion under subsection (a) or
18      (b) for the duration of the public lodging employee's or
19      contract worker's employment or contract and for one year
20      thereafter.
21            (2)   Records shall be made available to the Department of
22      Labor and Industry or a law enforcement agency upon request.
23            (3)   Failure to maintain or provide records shall
24      constitute a violation subject to section 7.
25   Section 3.2.     Training requirements for third-party listing
26                  platforms and rental operators.
27      (a)   Training requirements.--
28            (1)   Except as provided under subsection (b), a third-
29      party listing platform shall ensure that each rental operator
30      using the platform completes human trafficking awareness

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 1      training.
 2            (2)   The training shall be completed as follows:
 3                  (i)    For a rental operator that is operational before
 4            the effective date of this subparagraph, the training
 5            shall be completed within 90 days after the effective
 6            date of this subparagraph.
 7                  (ii)   For a rental operator commencing operations on
 8            or after the effective date of this subparagraph, the
 9            training shall be completed before offering a short-term
10            rental.
11            (3)   The third-party listing platform shall certify
12      completion of the training by the rental operator through a
13      method established by the platform.
14      (b)   Alternative training.--The training requirements under
15   subsection (a) shall not apply to a rental operator who has
16   completed human trafficking awareness training that meets the
17   criteria under this section within the 12-month period before
18   the effective date of this subsection and provides a record of
19   completion to the third-party listing platform.
20      (c)   Validity.--Training completed under subsection (a) or
21   (b) shall be valid for two years from the date of completion.
22      (d)   Record of completion.--
23            (1)   A rental operator who completes training under
24      subsection (a) shall provide a signed and dated
25      acknowledgment of training completion to the third-party
26      listing platform through a method established by the
27      platform.
28            (2)   A rental operator who completes alternative training
29      under subsection (b) shall provide a copy of the record of
30      training completion to the third-party listing platform.

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 1            (3)   The third-party listing platform shall maintain
 2      records under paragraphs (1) and (2) and make the records
 3      available to an appropriate law enforcement agency or the
 4      licensing authority upon request.
 5            (4)   Records under this subsection may be maintained in
 6      digital or paper form.
 7            (5)   The third-party listing platform shall provide
 8      confirmation to the rental operator upon receipt of the
 9      acknowledgment or record of completion.
10      (e)   Record retention.--
11            (1)   The third-party listing platform shall maintain
12      records verifying training completion under subsection (a) or
13      (b) for the duration of the rental operator's use of the
14      platform and for two years thereafter.
15            (2)   Records shall be made available to the Department of
16      Labor and Industry, an appropriate law enforcement agency or
17      the licensing authority upon request.
18            (3)   Failure to maintain or provide records shall
19      constitute a violation subject to section 7.
20      Section 3.     Section 4(b) of the act is amended by adding
21   paragraphs to read:
22   Section 4.     Enforcement.
23      * * *
24      (b)   Responsibilities.--
25            * * *
26            (3)   Upon request by an appropriate law enforcement
27      agency or the licensing authority under section 3.1(d)(3),
28      the owner, operator or manager of a public lodging
29      establishment or third-party contractor shall provide
30      training acknowledgments or records of completion for review.

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 1            (4)   Upon request by an appropriate law enforcement
 2      agency or the licensing authority under section 3.2(d)(3), a
 3      third-party listing platform shall provide training
 4      acknowledgments or records of completion for review.
 5      Section 4.     Sections 5 and 6 of the act are amended to read:
 6   Section 5.     Violation.
 7      (a)   Posting requirements.--It is a violation of this act to
 8   fail to post a sign as required by section 3.
 9      (b)   Training requirements.--
10            (1)   Failure by an owner, operator or manager of a public
11      lodging establishment or third-party contractor to comply
12      with section 3.1 constitutes a violation of this act.
13            (2)   Failure by a third-party listing platform or rental
14      operator to comply with section 3.2 constitutes a violation
15      of this act.
16   Section 6.     Affirmative defenses.
17      (a)   [General rule] Owners, operators or managers.--Any of
18   the following shall be an affirmative defense by an owner,
19   operator or manager to a prosecution or imposition of an
20   administrative penalty under this act:
21            (1)   When the violation occurred, the actual control of
22      the establishment was not exercised by the owner, operator or
23      manager, but by a lessee.
24            (2)   The owner, operator or manager made a good faith
25      effort to post the required signs.
26            (3)   The owner, operator or manager made a good faith
27      effort to comply with section 3.1.
28      (a.1)     Third-party listing platforms or rental operators.--It
29   shall be an affirmative defense to a prosecution or
30   administrative penalty under this act that the third-party

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 1   listing platform or rental operator made a good faith effort to
 2   comply with section 3.2.
 3      (b)   Affidavit by owners, operators or managers.--An owner,
 4   operator or manager asserting an affirmative defense shall do so
 5   in the form of a sworn affidavit [setting forth] specifying the
 6   relevant information under subsection [(a)(1) or (2)] (a)(1),
 7   (2) or (3).
 8      (b.1)     Affidavit by third-party listing platforms or rental
 9   operators.--A third-party listing platform or rental operator
10   asserting an affirmative defense under subsection (a.1) shall do
11   so in the form of a sworn affidavit specifying any relevant
12   information.
13      Section 5.     Section 7(a), (b) heading and (c) of the act are
14   amended and the section is amended by adding a subsection to
15   read:
16   Section 7.    Administrative penalties.
17      (a)   Penalty.--In addition to another remedy available at law
18   or in equity for a violation of the posting requirements of
19   section 3 or the training requirements of section 3.1 or 3.2,
20   the licensing authority may, under subsection (b), assess an
21   administrative penalty upon a person for the violation. In
22   assessing the penalty, the licensing authority must give notice
23   to the person and provide an opportunity for a hearing. The
24   penalty shall be payable to the licensing authority and shall be
25   collectible in a manner provided by law for the collection of
26   debt.
27      (b)   Schedule of sanctions regarding posting requirements.--
28            * * *
29      (b.1)     Schedule of sanctions regarding training
30   requirements.--

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 1            (1)   Upon determining that a person has violated section
 2      3.1 or 3.2, the licensing authority shall issue a warning to
 3      the person and allow 90 days to cure the violation.
 4            (2)   Failure to cure a violation of section 3.1 or 3.2
 5      within 90 days of a warning under paragraph (1) shall
 6      constitute a second violation, subjecting the person to a
 7      penalty of not more than $250.
 8            (3)   Failure to cure a violation within 90 days of a
 9      penalty being imposed under paragraph (2) shall constitute a
10      third violation, subjecting the person to a penalty of not
11      more than $500 and possible suspension of a license to
12      operate a public lodging establishment or short-term rental
13      for up to one year.
14            (4)   Each subsequent day of noncompliance after a third
15      violation constitutes a new violation.
16      (c)   Penalties collected.--[The]
17            (1)   Except as provided under paragraph (2), the
18      penalties collected under this section shall be retained by
19      the licensing authority initiating the enforcement action.
20            (2)   No less than 50% of the penalties retained by the
21      licensing authority shall be distributed to the Pennsylvania
22      Commission on Crime and Delinquency for grants under 18
23      Pa.C.S. § 3031 (relating to grants).
24      * * *
25      Section 6.     Section 8 of the act is amended to read:
26   Section 8.     Criminal penalties.
27      (a)   First offense.--A person that violates the posting
28   requirements of section 3 or the training requirements of
29   section 3.1 or 3.2 commits a summary offense and shall, upon
30   conviction, be sentenced to pay a fine of not more than $100.

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 1      (b)   Offense following sentencing.--A person that violates
 2   the posting requirements of section 3 or the training
 3   requirements of section 3.1 or 3.2 within [one year] 90 days of
 4   being sentenced under subsection (a) commits a summary offense
 5   and shall, upon conviction, be sentenced to pay a fine of not
 6   more than $250.
 7      (c)   Misdemeanor.--
 8            (1)   A person that violates the posting requirements of
 9      section 3 or the training requirements of section 3.1 or 3.2
10      within [one year] 90 days of being sentenced under subsection
11      (b) commits a misdemeanor and shall, upon conviction, be
12      sentenced to pay a fine of not more than $500. Each day of
13      noncompliance with section 3.1 or 3.2 shall constitute a new
14      violation.
15            (2)   Upon receipt of a certified record of conviction for
16      a violation of section 3.1 or 3.2 under paragraph (1), the
17      court shall notify the licensing authority, which may suspend
18      the license of the public lodging establishment or short-term
19      rental for up to one year, subject to section 7(d).
20      (d)   Municipal enforcement.--
21            (1)   Except as [set forth in] provided under paragraph
22      (2) and subsection (e), the penalties collected under this
23      section shall be retained by the municipality in which the
24      law enforcement agency initiating the enforcement action is
25      located.
26            (2)   No less than 50% of the penalties retained by the
27      municipality shall be distributed to the Pennsylvania
28      Commission on Crime and Delinquency for grants under 18
29      Pa.C.S. § 3031 (relating to grants).
30      (e)   Pennsylvania State Police enforcement.--[If]

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1         (1)   Except as provided under paragraph (2), if an
2     enforcement action is initiated by the Pennsylvania State
3     Police, the Pennsylvania State Police shall retain the
4     penalties collected under this section.
5         (2)   No less than 50% of the penalties retained by the
6     Pennsylvania State Police shall be distributed to the
7     Pennsylvania Commission on Crime and Delinquency for grants
8     under 18 Pa.C.S. § 3031.
9     Section 7.    This act shall take effect in 180 days.




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