Bill Text: NY A00887 | 2021-2022 | General Assembly | Amended


Bill Title: Relates to human trafficking awareness and training; requires employees of lodging facilities to have training in the recognition of a human trafficking victim; requires the division of criminal justice services, the office of temporary and disability assistance and the New York state interagency task force on human trafficking to approve a human trafficking recognition training program.

Spectrum: Moderate Partisan Bill (Democrat 19-4)

Status: (Introduced - Dead) 2022-05-17 - substituted by s244b [A00887 Detail]

Download: New_York-2021-A00887-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         887--C

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M. of A. PAULIN, HUNTER, GALEF, J. M. GIGLIO, McDONOUGH,
          SIMON, QUART, GOTTFRIED, BICHOTTE HERMELYN, ABBATE,  OTIS,  J. RIVERA,
          FAHY,  WEPRIN, NIOU, SEAWRIGHT -- Multi-Sponsored by -- M. of A. COOK,
          JEAN-PIERRE, MORINELLO, WALSH -- read once and referred to the Commit-
          tee on Economic Development --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          recommitted to the Committee on  Economic  Development  in  accordance
          with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          reported  and  referred  to  the Committee on Rules -- Rules Committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to the Committee on Rules

        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.
                                                                   LBD01846-08-2

        A. 887--C                           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.
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