An Act amending the the act of October 24, 2012 (P.L.1209, No.151), known as the Child Labor Act, further providing for administration and for penalties.

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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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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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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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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