HB 805 — 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
 1   Amending the act of October 24, 2012 (P.L.1209, No.151),
 2      entitled "An act regulating child labor; conferring powers
 3      and duties on the Department of Labor and Industry and the
 4      Department of Education; imposing penalties; and making a
 5      repeal," further providing for administration and for
 6      penalties.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    Section 10 of the act of October 24, 2012
10   (P.L.1209, No.151), known as the Child Labor Act, is amended by
11   adding subsections to read:
12   Section 10.   Administration.
13      * * *
14      (a.1)   Annual report.--
15          (1)    The department shall report to the General Assembly
16      annually on the enforcement of this act. The report shall be
17      submitted to the chairperson and minority chairperson of the
18      Labor and Industry Committee of the Senate and the
19      chairperson and minority chairperson of the Labor and
20      Industry Committee of the House of Representatives no later
 1    than April 1 each year.
 2        (2)   Each report under this subsection must include the
 3    following information for the most recently completed
 4    calendar year:
 5              (i)    The number of complaints received and
 6        investigations initiated.
 7              (ii)    The number of violations found, including:
 8                     (A)   The number of criminal charges filed under
 9              section 11(b).
10                     (B)   The number and total amount of
11              administrative penalties levied under section 11(c).
12              (iii)    The number of violations found for each type
13        of violation listed in section 11(a).
14              (iv)    The number of violations found in each county.
15              (v)    Information regarding the frequency and severity
16        of violations found in different industries.
17              (vi)    Information regarding violations of this act
18        concerning unaccompanied alien minors who entered the
19        United States unlawfully and were released to the custody
20        of a sponsor by the United States Department of Health
21        and Human Services, including:
22                     (A)   The number and types of violations of this
23              act concerning unaccompanied alien minors.
24                     (B)   The number of violations in each county
25              concerning unaccompanied alien minors.
26                     (C)   A description of the department's
27              interactions with other Federal and State agencies
28              regarding unaccompanied alien minors.
29                     (D)   The number of referrals to other Federal and
30              State agencies regarding unaccompanied alien minors

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 1                  made by the department.
 2                      (E)    Information regarding the frequency and
 3                  severity of violations concerning unaccompanied alien
 4                  minors found in different industries.
 5                      (F)    Any other information about violations
 6                  concerning unaccompanied alien minors that the
 7                  department deems relevant.
 8                  (vii)    Any recommendations for the General Assembly
 9            for amendments to this act.
10                  (viii)    Any other information that the department
11            deems relevant.
12      * * *
13      (f)   Cross-reporting requirements.--The following shall apply
14   during an investigation authorized under subsection (b)(2):
15            (1)   If the department has reasonable cause to suspect
16      that the employer has violated 8 U.S.C. § 1324a (relating to
17      unlawful employment of aliens), the department shall make a
18      report to the United States Immigration and Customs
19      Enforcement of a possible violation. The report must identify
20      the employer suspected of the violation, provide the name and
21      any known address of the minor and include any other relevant
22      information in the department's possession.
23            (2)   If the department has reasonable cause to suspect
24      that a minor who is a subject of a complaint or investigation
25      is a dependent child, as defined in 42 Pa.C.S. § 6302
26      (relating to definitions), or is a victim of child abuse, as
27      defined in 23 Pa.C.S. § 6303(b.1) (relating to definitions),
28      the department shall make a report to the Department of Human
29      Services via the Statewide toll-free telephone number under
30      23 Pa.C.S. § 6332 (relating to establishment of Statewide

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 1      toll-free telephone number) or a written report using
 2      electronic technologies under 23 Pa.C.S. § 6305 (relating to
 3      electronic reporting). The report must include any relevant
 4      information in the department's possession. The department is
 5      not required to make a report under this paragraph if the
 6      department has made a substantially similar report to an
 7      appropriate law enforcement official.
 8      Section 2.      Section 11(b) of the act is amended by adding a
 9   paragraph to read:
10   Section 11.      Penalties.
11      * * *
12      (b)   Criminal penalties.--
13            * * *
14            (3)   A person that willfully violates subsection (a)
15      commits a misdemeanor of the second degree if the person knew
16      or reasonably should have known that the minor is without
17      proper parental care or control, subsistence, education as
18      required by law or other care or control necessary for the
19      minor's physical, mental or emotional health or morals. A
20      person guilty of an offense under this paragraph shall, upon
21      conviction, be sentenced to pay a fine of not more than
22      $5,000 for each violation or to imprisonment for not more
23      than two years, or both.
24      * * *
25      Section 3.      This act shall take effect in 60 days.




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