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A10128 Summary:

BILL NOA10128
 
SAME ASNo Same As
 
SPONSORBrown K
 
COSPNSRMaher, Norber
 
MLTSPNSR
 
Amd §§204 & 205, add §209-h, Gen Bus L
 
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.
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A10128 Text:



 
                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.
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