Requires hotels and motels to maintain a roster of guests, including their photo identifications, for five years and security footage for ninety days; restricts the use of hourly rates at hotels and motels; increases penalties therefor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10128
SPONSOR: Brown K TITLE OF BILL:
An act to amend the general business law, in relation to requiring
hotels and motels to maintain a roster of guests, including their photo
identifications, for five years and security footage for ninety days and
restricting the use of hourly rates at hotels and motels
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require hotels and motels to maintain a
roster of guests, including their photo identifications, for five years
and security footage for ninety days and restricts the use of hourly
rates at hotels and motels.
SUMMARY OF PROVISIONS:
Section one of this bill defines Legislative intent. This Legislature
hereby finds that the unavailability or nonexistence of a roster of
photo IDs of people occupying a hotel or motel and security footage of
hotels and motels poses a threat to the safety and well-being of the
citizens of this state in such life-threatening circumstances as a fire,
explosion or accident occurring at such facilities, or in circumstances
involving suspected illegal activities, such as, but not limited to
human trafficking. The purpose of this act is to ensure that a roster of
photo IDs of people occupying a hotel or motel and security footage of
hotels and motels will be available for the use of rescue workers, emer-
gency personnel, law enforcement officials and firefighters during the
course of an emergency, or in circumstances in which illegal activity is
suspected, such as but not limited to human trafficking, by requiring
such facilities to maintain registers under penalty of law.
This legislature also finds that due to the activities associated with
human trafficking and other illegal activities, hotels and motels that
offer hourly rates are attractive venues because of their lower cost and
fleeting nature. The purpose of this act is to ensure that the state is
completely bereft of hotels and motels that serve as attractive venues
for crimes, such as but not limited to human trafficking, by providing
certain exemptions with conditions, and mandating compliance with
prevention training,
Section two of this bill amends Section 204 of the general business law,
as amended by chapter 737 of the laws of 1961 as follows: adds security
footage must be kept. 1. The period of time it is kept is increased to
five years. The roster must also include a copy of the photo identifica-
tion presented by their guests. The photo ID must be kept both digitally
and in the manner which actually reproduced the original records. Such
records shall be made available for inspection on demand upon lawful
order, 2. Security footage must be kept for ninety days. 3. Outlines
penalties
Section three of this bill amends the general business law by adding a
new section 209-h Hourly rates restricted. Lodgings shall not offer rate
options of less than six (6) hours in duration for rooms with sleeping
accommodations. 2, Outlines penalties.
Section four of this bill amends subdivision 2 of section 205 of the
general business law, as added by chapter 393 of the laws of 2022 to
read, record keeping requirements of human trafficking recognition
training. Every keeper of each lodging facility shall maintain records
indicating that each employee required to undergo an established or
approved human trafficking recognition training program has completed
such training, Such records shall be submitted to the division of crimi-
nal justice services, in a form and manner as determined by such divi-
sion, on or before the first of January, first of April, first of July,
and first of October for the succeeding three month, Such records shall
be kept on file by the lodging facility for the period during which the
employee is employed by the lodging facility and for one year after such
employment ends.
Section five of this bill establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
The ubiquitous, hourly rate motels and hotels are found in or near most
urban centers in all states across the country, including New York.
According to the Arizona State University for Problem-Orienting Policy,
budget motels that offer low rates, accept cash, and have a relatively
unrestricted environment, become attractive locations for drug sales,
prostitution and human trafficking.
The Polaris Project reports that a significant amount of sex trafficking
and prostitution takes place at hotel and motel rooms. Their 2017
report revealed that 80% of commercial sex occurred at hotels, and 75%
of human trafficking survivors reported coming into contact with hotels
at some point while being trafficked.
The United Nations estimates that 27.6 million people worldwide are
trafficked. This crime exists in every country, including the United
States. In New York State, the National Human Trafficking hotline, since
2007, has received 16,176 reports, resulting in over 10,571 identified
victims.
Due to hourly rate motel and hotels easy access, lower rates and less
security criminal activity is more prevalent than standard motel/hotels.
Police Magazine reports that owner of a budget motel will rent a room
without a background check. Many times, identification is not even
required by customers paying cash.
Municipalities have started to enact their own legislation to combat
these motels which attract criminal behavior, Waterbury, Connecticut
enacted an ordinance that bans hourly rates, establishing a minimum
booking time of 12 hours; Louisville, Kentucky made it illegal to rent a
hotel room for less than 12 hours; Howard County, Maryland and Nash-
ville, Tennessee both banned hourly room rentals at hotels and motels
and most recently New York's Suffolk County legislature passed legis-
lation to restrict hourly rates, establishing a minimum booking time of
six (6) hours as well as lengthening record-keeping requirements to
combat human trafficking. It is time that New York State, as a whole,
does the same and places a minimum booking time on these lodging facili-
ties..
This bill will serve to protect the citizens of New York State buy
curtailing human trafficking, prostitution and drug deals at motels and
hotels known for their hourly rates. This bill will also require better
records be kept for longer periods in order to aid the police in their
investigations and ensure proper training for employees. These venues
will become less attractive to those who wish to carry out anonymous
crimes.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
10128
IN ASSEMBLY
February 2, 2026
___________
Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the general business law, in relation to requiring
hotels and motels to maintain a roster of guests, including their
photo identifications, for five years and security footage for ninety
days and restricting the use of hourly rates at hotels and motels
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. This Legislature hereby finds that the
2 unavailability or nonexistence of a roster of photo IDs of people occu-
3 pying a hotel or motel and security footage of hotels and motels poses a
4 threat to the safety and well-being of the citizens of this state in
5 such life-threatening circumstances as a fire, explosion or accident
6 occurring at such facilities, or in circumstances involving suspected
7 illegal activities, such as, but not limited to human trafficking. The
8 purpose of this act is to ensure that a roster of photo IDs of people
9 occupying a hotel or motel and security footage of hotels and motels
10 will be available for the use of rescue workers, emergency personnel,
11 law enforcement officials and firefighters during the course of an emer-
12 gency, or in circumstances in which illegal activity is suspected, such
13 as but not limited to human trafficking, by requiring such facilities to
14 maintain registers under penalty of law.
15 This Legislature also hereby finds that due to the activities associ-
16 ated with human trafficking and other illegal activities, hotels and
17 motels that offer hourly rates are attractive venues because of their
18 lower cost and fleeting nature. The purpose of this act is to ensure
19 that the state is completely bereft of hotels and motels that serve as
20 attractive venues for crimes, such as but not limited to human traffick-
21 ing, by restricting hotels and motels hourly rate options and providing
22 certain exemptions with conditions, and mandating compliance with
23 prevention training.
24 § 2. Section 204 of the general business law, as amended by chapter
25 737 of the laws of 1961, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14159-02-6
A. 10128 2
1 § 204. Register and security footage to be kept. 1. The owner, lessee,
2 proprietor or manager of any hotel, motel, tourist cabins, camp, resort,
3 tavern, inn, boarding or lodging house shall keep for a period of
4 [three] five years a register which shall show the name, residence, date
5 of arrival and departure of [his] their guests which shall include a
6 copy of the photo identification presented by their guests. Such
7 records [may] shall be kept within the meaning of this section [when
8 reproduced on any photographic, photostatic, microfilm, micro-card,
9 miniature photographic or other process], both digitally and in the
10 manner which actually reproduced the original [record] records. Such
11 records shall be made available for inspection on demand upon lawful
12 order by any authorized rescue worker, law enforcement official, emer-
13 gency personnel, firefighter or a municipal employee authorized to
14 enforce a local ordinance or law.
15 2. The owner, lessee, proprietor or manager of any hotel, motel, tour-
16 ist cabins, camp, resort, tavern, inn, boarding or lodging house shall
17 keep for a period of ninety days any security footage recorded at such
18 hotel, motel, tourist cabins, camp, resort, tavern, inn, boarding or
19 lodging house.
20 3. For the first violation of this section, the offender shall be
21 subject to a civil penalty of not less than five hundred dollars and not
22 more than one thousand dollars and shall be given a formal warning that
23 any subsequent violations may result in the state and any municipality
24 or political subdivision thereof suspending any contracts with the
25 hotel, motel, tourist cabins, camp, resort, tavern, inn, boarding or
26 lodging house found to be in violation. For the second violation of this
27 section, the offender shall be subject to a penalty of not less than one
28 thousand dollars and not more than two thousand dollars and the state
29 and any municipality or political subdivision thereof may suspend any
30 contracts with the hotel, motel, tourist cabins, camp, resort, tavern,
31 inn, boarding or lodging house found to be in violation. For the third
32 and any subsequent violation of this section in less than five years,
33 the offender shall be subject to a penalty of not less than three thou-
34 sand dollars and not more than ten thousand dollars and the state and
35 any municipality or political subdivision thereof may suspend any
36 contracts with the hotel, motel, tourist cabins, camp, resort, tavern,
37 inn, boarding or lodging house found to be in violation.
38 § 3. The general business law is amended by adding a new section 209-h
39 to read as follows:
40 § 209-h. Hourly rates restricted. 1. The owner, lessee, proprietor or
41 manager of any hotel, motel, tourist cabins, camp, resort, tavern, inn,
42 boarding or lodging house shall not offer rate options of less than six
43 hours in duration for rooms with sleeping accommodations.
44 2. For a first violation of this section, the offender shall be
45 subject to a civil penalty of not less than five hundred dollars and not
46 more than one thousand dollars and shall be given a formal warning that
47 any subsequent violations may result in the state and any municipality
48 or political subdivision thereof suspending any contracts with the
49 hotel, motel, tourist cabins, camp, resort, tavern, inn, boarding or
50 lodging house found to be in violation. For the second violation of this
51 section, the offender shall be subject to a penalty of not less than one
52 thousand dollars and not more than two thousand dollars and the state
53 and any municipality or political subdivision thereof may suspend any
54 contracts with the hotel, motel, tourist cabins, camp, resort, tavern,
55 inn, boarding or lodging house found to be in violation. For the third
56 and any subsequent violation of this section in less than five years,
A. 10128 3
1 the offender shall be subject to a penalty of not less than three thou-
2 sand dollars and not more than ten thousand dollars and the state and
3 any municipality or political subdivision thereof may suspend any
4 contracts with the hotel, motel, tourist cabins, camp, resort, tavern,
5 inn, boarding or lodging house found to be in violation.
6 § 4. Subdivision 2 of section 205 of the general business law, as
7 added by chapter 393 of the laws of 2022, is amended to read as follows:
8 2. Record keeping requirements of human trafficking recognition train-
9 ing. Every keeper of each lodging facility shall maintain records indi-
10 cating that each employee required to undergo an established or approved
11 human trafficking recognition training program pursuant to this section
12 has completed such training. Such records shall be submitted to the
13 division of criminal justice services, in a form and manner as deter-
14 mined by such division, on or before the first of January, first of
15 April, first of July, and first of October for the succeeding three
16 months. Such records shall be kept on file by the lodging facility for
17 the period during which the employee is employed by the lodging facility
18 and for one year after such employment ends.
19 § 5. This act shall take effect on the one hundred eightieth day after
20 it shall have become a law. Effective immediately, the addition, amend-
21 ment and/or repeal of any rule or regulation necessary for the implemen-
22 tation of this act on its effective date are authorized to be made and
23 completed on or before such effective date.
