HB3101ham001 101ST GENERAL ASSEMBLY

Rep. Terra Costa Howard

Filed: 3/26/2019

10100HB3101ham001 LRB101 06940 JLS 58619 a

AMENDMENT TO HOUSE BILL 3101

AMENDMENT NO. ______. Amend House Bill 3101 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Lodging Services Human Trafficking Recognition Training Act.

Section 5. Definitions. In this Act:

"Department" means the Department of Human Services.

"Employee" means a person employed by a lodging establishment who has recurring interactions with the public, including, but not limited to, an employee who works in a reception area, performs housekeeping duties, helps customers in moving their possessions, or transports by vehicle customers of the lodging establishment.

"Human trafficking" means the deprivation or violation of the personal liberty of another with the intent to obtain forced labor or services, procure or sell the individual for commercial sex, or exploit the individual in obscene matter. Depriving or violating a person's liberty includes substantial and sustained restriction of another's liberty accomplished through fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out.

"Lodging establishment" means an establishment classified as a hotel or motel in the 2017 North American Industry Classification System under code 721110, and an establishment classified as a casino hotel in the 2017 North American Industry Classification System under code 721120.

Section 10. Human trafficking recognition training. Beginning June 1, 2020, a lodging establishment shall provide its employees with training in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority. The employees must complete the training within 6 months after beginning employment in such role with the lodging establishment and every 2 years thereafter, if still employed by the lodging establishment. The training shall be at least 20 minutes in duration.

Section 15. Human trafficking recognition training curriculum.

(a) A lodging establishment may use its own human trafficking training program or that of a third party and be in full compliance with this Act if the human trafficking training program includes, at a minimum, all of the following:

(1) a definition of human trafficking and commercial exploitation of children;

(2) guidance on how to identify individuals who are most at risk for human trafficking;

(3) the difference between human trafficking for purposes of labor and for purposes of sex as the trafficking relates to lodging establishments; and

(4) guidance on the role of lodging establishment employees in reporting and responding to instances of human trafficking.

(b) The Department shall develop a curriculum for an approved human trafficking training recognition program which shall be used by a lodging establishment that does not administer its own human trafficking recognition program as described in subsection (a). The human trafficking training recognition program developed by the Department shall include, at a minimum, all of the following:

(1) a definition of human trafficking and commercial exploitation of children;

(2) guidance on how to identify individuals who are most at risk for human trafficking;

(3) the difference between human trafficking for purposes of labor and for purposes of sex as the trafficking relates to lodging establishments; and

(4) guidance on the role of lodging establishment employees in reporting and responding to instances of human trafficking.

The Department shall obtain approval of the United States Department of Justice for the human trafficking recognition training program developed under this subsection.

The Department shall develop and publish the human trafficking recognition training program described in this subsection no later than January 1, 2020.

Section 99. Effective date. This Act takes effect upon becoming law.".