HB3101ham001 101ST GENERAL ASSEMBLY

Rep. Terra Costa Howard

Filed: 3/26/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3101

2    AMENDMENT NO. ______. Amend House Bill 3101 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Lodging Services Human Trafficking Recognition Training Act.
 
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Human Services.
8    "Employee" means a person employed by a lodging
9establishment who has recurring interactions with the public,
10including, but not limited to, an employee who works in a
11reception area, performs housekeeping duties, helps customers
12in moving their possessions, or transports by vehicle customers
13of the lodging establishment.
14    "Human trafficking" means the deprivation or violation of
15the personal liberty of another with the intent to obtain
16forced labor or services, procure or sell the individual for

 

 

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1commercial sex, or exploit the individual in obscene matter.
2Depriving or violating a person's liberty includes substantial
3and sustained restriction of another's liberty accomplished
4through fraud, deceit, coercion, violence, duress, menace, or
5threat of unlawful injury to the victim or to another person,
6under circumstances where the person receiving or apprehending
7the threat reasonably believes that it is likely that the
8person making the threat would carry it out.
9    "Lodging establishment" means an establishment classified
10as a hotel or motel in the 2017 North American Industry
11Classification System under code 721110, and an establishment
12classified as a casino hotel in the 2017 North American
13Industry Classification System under code 721120.
 
14    Section 10. Human trafficking recognition training.
15Beginning June 1, 2020, a lodging establishment shall provide
16its employees with training in the recognition of human
17trafficking and protocols for reporting observed human
18trafficking to the appropriate authority. The employees must
19complete the training within 6 months after beginning
20employment in such role with the lodging establishment and
21every 2 years thereafter, if still employed by the lodging
22establishment. The training shall be at least 20 minutes in
23duration.
 
24    Section 15. Human trafficking recognition training

 

 

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1curriculum.
2    (a) A lodging establishment may use its own human
3trafficking training program or that of a third party and be in
4full compliance with this Act if the human trafficking training
5program includes, at a minimum, all of the following:
6        (1) a definition of human trafficking and commercial
7    exploitation of children;
8        (2) guidance on how to identify individuals who are
9    most at risk for human trafficking;
10        (3) the difference between human trafficking for
11    purposes of labor and for purposes of sex as the
12    trafficking relates to lodging establishments; and
13        (4) guidance on the role of lodging establishment
14    employees in reporting and responding to instances of human
15    trafficking.
16    (b) The Department shall develop a curriculum for an
17approved human trafficking training recognition program which
18shall be used by a lodging establishment that does not
19administer its own human trafficking recognition program as
20described in subsection (a). The human trafficking training
21recognition program developed by the Department shall include,
22at a minimum, all of the following:
23        (1) a definition of human trafficking and commercial
24    exploitation of children;
25        (2) guidance on how to identify individuals who are
26    most at risk for human trafficking;

 

 

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1        (3) the difference between human trafficking for
2    purposes of labor and for purposes of sex as the
3    trafficking relates to lodging establishments; and
4        (4) guidance on the role of lodging establishment
5    employees in reporting and responding to instances of human
6    trafficking.
7    The Department shall obtain approval of the United States
8Department of Justice for the human trafficking recognition
9training program developed under this subsection.
10    The Department shall develop and publish the human
11trafficking recognition training program described in this
12subsection no later than January 1, 2020.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".