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S00244 Summary:

S00244 Actions:

S00244 Committee Votes:

S00244 Floor Votes:

S00244 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         244--B
            Cal. No. 129
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  Sens.  MAYER,  BIAGGI,  BROOKS, GOUNARDES, JACKSON, LIU,
          MYRIE -- read twice and  ordered  printed,  and  when  printed  to  be
          committed  to the Committee on Consumer Protection -- reported favora-
          bly from said committee, ordered to first  report,  amended  on  first
          report,  ordered  to  a second report and ordered reprinted, retaining
          its place in the order of second report -- recommitted to the  Commit-
          tee on Consumer Protection in accordance with Senate Rule 6, sec. 8 --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading, passed by Senate and delivered  to
          the  Assembly, recalled, vote reconsidered, restored to third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
        AN ACT to amend the general business law, in relation to human traffick-
          ing awareness and training for certain lodging facility employees
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  205 to read as follows:
     3    § 205. Human trafficking awareness and training. 1.  Human trafficking
     4  recognition training program.  a. For purposes of this section, "lodging
     5  facility" shall mean any inn, hotel, motel, motor court or other  estab-
     6  lishment  that provides lodging to transient guests. Such term shall not
     7  include an establishment treated as a dwelling unit for the purposes  of
     8  any  state or local law or regulation or an establishment located within
     9  a building that has five or less rooms for rent  or  hire  and  that  is
    10  actually  occupied  as  a residence by the proprietor of such establish-
    11  ment.
    12    b. Every lodging facility shall require all employees who  are  likely
    13  to  interact  or  come into contact with guests to undergo a human traf-
    14  ficking recognition training program to provide training in the recogni-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01846-09-2
        S. 244--B                           2
 
     1  tion of a human trafficking victim as defined in  section  four  hundred
     2  eighty-three-aa  of the social services law. Such training program shall
     3  be established or approved by the division of criminal justice  services
     4  and  the  office  of temporary and disability assistance in consultation
     5  with the New York state interagency task force on human trafficking. The
     6  training program may be developed by a  federal,  state,  or  non-profit
     7  organization,  and may be incorporated as part of the lodging facility's
     8  existing training programs  or  may  be  provided  by  organizations  or
     9  providers  identified  by  the  commissioner of the division of criminal
    10  justice services or the commissioner of  the  office  of  temporary  and
    11  disability  assistance,  provided  that the training includes all of the
    12  requirements of this section. Established or approved training  programs
    13  may  be  made  available  through methods including, but not limited to,
    14  in-person instruction, electronic and  video  communication,  or  online
    15  programs.
    16    c.  Any  human trafficking recognition training program established or
    17  approved by the division of criminal justice services and the office  of
    18  temporary  and  disability  assistance in consultation with the New York
    19  state interagency task force on human trafficking as  required  in  this
    20  section shall address no less than the following issues:
    21    (i) the nature of human trafficking;
    22    (ii) how human trafficking is defined in law;
    23    (iii) how to identify victims of human trafficking; and
    24    (iv)  who  to contact, such as the national human trafficking hotline,
    25  which connects victims of human trafficking to:
    26    (A) relief and recovery options; and
    27    (B) social and legal services.
    28    d. The commissioner of the division of criminal justice  services  and
    29  the  commissioner  of  the office of temporary and disability assistance
    30  shall make available a list online  of  established  or  approved  human
    31  trafficking recognition programs for use by a lodging facility.
    32    e. All new employees required to receive human trafficking recognition
    33  training  shall  receive  such training within their first sixty days of
    34  employment.
    35    f. The training shall take place on the premises of the lodging facil-
    36  ity and shall be considered compensable time.
    37    2. Record keeping requirements of human trafficking recognition train-
    38  ing. Every keeper of each lodging facility shall maintain records  indi-
    39  cating that each employee required to undergo an established or approved
    40  human  trafficking recognition training program pursuant to this section
    41  has completed such training.  Such records shall be kept on file by  the
    42  lodging facility for the period during which the employee is employed by
    43  the lodging facility and for one year after such employment ends.
    44    §  2. This act shall take effect one year after it shall have become a
    45  law; provided however, paragraph d of subdivision 1 of  section  205  of
    46  the general business law, as added by section one of this act shall take
    47  effect immediately; provided further that all applicable current employ-
    48  ees  of  a  lodging  facility  on  the  effective date of this act shall
    49  receive human trafficking recognition training within four months of the
    50  effective date of this act.