Regular Session 2023-2024 House Bill 2118 P.N. 2700

PRINTER'S NO. 2700

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2118

Session of

2024

INTRODUCED BY D'ORSIE, KAUFFMAN, JAMES, ROWE, M. MACKENZIE,

T. JONES, KEEFER AND ZIMMERMAN, MARCH 14, 2024

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 14, 2024

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," providing for disposition of administrative

penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of October 24, 2012 (P.L.1209, No.151),

known as the Child Labor Act, is amended by adding a section to

read:

Section 11.1. Disposition of administrative penalties.

(a) Authorization.--Money collected by the department

through administrative penalties imposed under section 11(c)

shall be collected and distributed in accordance with this

section.

(b) Recordkeeping.--When imposing administrative penalties

under this section, the department shall maintain a record of

the following information:

(1) For each violation, whether a specific minor was the

subject of the violation and either of the following:

(i) The identity of the minor who is the subject of

each violation and the amount of the administrative

penalty imposed for each violation.

(ii) A record of each violation that was not related

to a specific minor, the amount of the administrative

penalty imposed for each violation and the location of

the violation.

(2) The total amount of administrative penalties

collected for violations related to each minor who is the

subject of multiple violations.

(3) The total amount of administrative penalties

collected from each employer for violations that are not

related to a specific minor.

following apply to administrative penalties for violations that

are related to a specific minor:

(1) Upon receipt of administrative penalties paid by

employers that violated this act, the department shall make

reasonable efforts to determine:

(i) The existence of any educational savings

accounts established exclusively for the payment of the

postsecondary education or nonpublic school tuition of

the minor.

(ii) Whether the minor attends a nonpublic school

for which the minor or a parent or guardian of the minor

is responsible to pay tuition or other fees.

(iii) The existence of any long-term savings or

investment account established for the exclusive benefit

of the minor.

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(iv) The existence of any depository account held in

the name of the minor.

(v) Whether the minor is in the custody of a county

agency.

(vi) The preferences of the parents or guardians of

the minor with respect to the payment of money under

paragraph (3).

(2) Reasonable efforts under paragraph (1) shall, at a

minimum, include:

(i) Diligent attempts to confirm the contact

information for the parents or guardians of the minor.

(ii) Attempting to contact the parents or guardians

of the minor by telephone and first-class mail to inquire

about the information enumerated in paragraph (1).

(iii) Inquiring about the existence of any

educational savings account or other savings account

maintained by the State Treasurer for the benefit of the

minor. Notwithstanding any other provision of law, for

the purposes of this subparagraph, the State Treasurer

may confirm to the department whether or not there exists

an educational savings account or other savings account

for the benefit of the minor.

(iv) Reasonable inquiries with the appropriate

issuing officer.

(3) The department shall forward the proceeds of

administrative penalties related to a specific minor, less

the amount determined under paragraph (4), for the benefit of

the minor, in the following order of priority:

(i) A payment to an educational savings account

established exclusively for the payment of the

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postsecondary education or nonpublic school tuition of

the minor or a direct payment to a nonpublic school for

tuition of the minor, based on the preference of the

parents or guardians of the minor.

(ii) A payment to a long-term savings or investment

account established for the exclusive benefit of the

minor, based on the preference of the parents or

guardians of the minor.

(iii) A payment to a depository account held in the

name of the minor, based on the preference of the parents

or guardians of the minor.

(iv) If subparagraphs (i), (ii) and (iii) do not

apply, a payment to a county agency in custody of the

minor for the benefit of the minor.

(v) A payment to the parents or guardians of the

minor, accompanied by information on the reason for the

payment and information prepared by the State Treasurer

on how to establish an educational savings account for

the minor.

(vi) If it is not reasonably possible to make

payment for the benefit of the minor under subparagraph

(i), (ii), (iii), (iv) or (v), a payment in accordance

with subsection (d).

(4) The department may retain a portion of each payment

made under paragraph (3) for its expenses in complying with

the requirements of this subsection. The following apply:

(i) If the department retains a portion of a

payment, the department shall provide a statement to the

parents or guardians of the minor explaining the amount

of the deduction.

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(ii) The amount retained by the department shall be

the lesser of the following:

(A) The actual expenses of the department in

making reasonable efforts to determine where payment

should be made and making the payment.

(B) Five percent of the amount of administrative

penalties collected for violations related to the

minor for which payments are made.

(5) The department shall not be required to split a

payment under paragraph (3) among multiple accounts or

payment methods for the benefit of a single minor.

(d) Penalties for violations not related to specific

minor.--Upon receipt of administrative penalties for violations

that are not related to a specific minor, or as provided in

subsection (c)(3)(vi), administrative penalties shall be paid to

the school district in which the violation occurred.

(e) Confidentiality.--In fulfilling its duties under this

section, the department shall, to the greatest extent possible,

maintain the privacy of the minor and the parents and guardians

of the minor regarding information on any educational savings

account, long-term savings or investment account, depository

account, payment preference, custody status with a county agency

or attendance at a nonpublic school.

(f) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"County agency." As defined in 23 Pa.C.S. § 6303(a)

(relating to definitions).

Section 2. This act shall take effect in six months.

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