Senate Bill S6893A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6893--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                            September 29, 2017
                                ___________
 
 Introduced  by  Sens. LANZA, HAMILTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules  --  recom-
   mitted  to  the  Committee  on  Consumer Protection in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT to amend the general business law, in relation to employee human
   trafficking recognition training in gaming facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 210 to read as follows:
   §  210.  HUMAN TRAFFICKING RECOGNITION TRAINING.  1. HUMAN TRAFFICKING
 RECOGNITION TRAINING PROGRAM. A.  ANY ESTABLISHMENT THAT  CONSTITUTES  A
 GAMING  FACILITY AS DEFINED BY SUBDIVISION TWENTY-THREE OF SECTION THIR-
 TEEN HUNDRED ONE OF THE RACING, PARI-MUTUEL WAGERING AND  BREEDING  LAW,
 SHALL  REQUIRE  ALL EMPLOYEES TO UNDERGO A HUMAN TRAFFICKING RECOGNITION
 TRAINING PROGRAM WHICH SHALL BE ESTABLISHED OR APPROVED BY THE  DIVISION
 OF  CRIMINAL JUSTICE SERVICES AND THE OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE IN CONSULTATION WITH THE  NEW  YORK  STATE  INTERAGENCY  TASK
 FORCE  ON  HUMAN TRAFFICKING.   HOWEVER, FOR CLASS III GAMING ESTABLISH-
 MENTS AUTHORIZED UNDER THE INDIAN GAMING REGULATORY  ACT,  25  U.S.C.  §
 2701, ET SEQ., THE GAMING COMMISSION SHALL MAKE AVAILABLE, UPON REQUEST,
 SUCH HUMAN-TRAFFICKING RECOGNITION TRAINING PROGRAM.
   B.  THE TRAINING PROGRAM MAY BE DEVELOPED BY A FEDERAL, STATE, OR NON-
 PROFIT ORGANIZATION, AND MAY BE  INCORPORATED  AS  PART  OF  THE  GAMING
 FACILITY'S  EXISTING  TRAINING  PROGRAMS OR MAY BE PROVIDED BY ORGANIZA-
 TIONS OR PROVIDERS IDENTIFIED BY THE COMMISSIONER  OF  THE  DIVISION  OF
 CRIMINAL JUSTICE SERVICES OR THE COMMISSIONER OF THE OFFICE OF TEMPORARY
 AND  DISABILITY  ASSISTANCE, PROVIDED THAT THE TRAINING INCLUDES  ALL OF
 THE REQUIREMENTS OF  THIS  SECTION.  ESTABLISHED  OR  APPROVED  TRAINING
 PROGRAMS MAY BE MADE AVAILABLE THROUGH METHODS INCLUDING, BUT NOT LIMIT-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09155-03-8

 S. 6893--A                          2
 
 ED  TO,  IN-PERSON  INSTRUCTION,  ELECTRONIC AND VIDEO COMMUNICATION, OR
 ONLINE PROGRAMS.
   C.  ANY  HUMAN TRAFFICKING RECOGNITION TRAINING PROGRAM ESTABLISHED OR
 APPROVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE OFFICE  OF
 TEMPORARY  AND  DISABILITY  ASSISTANCE IN CONSULTATION WITH THE NEW YORK
 STATE INTERAGENCY TASK FORCE ON HUMAN TRAFFICKING AS  REQUIRED  BY  THIS
 SECTION SHALL ADDRESS NO LESS THAN THE FOLLOWING ISSUES:
   (I) THE NATURE OF HUMAN TRAFFICKING;
   (II) HOW HUMAN TRAFFICKING IS DEFINED IN LAW;
   (III) HOW TO IDENTIFY VICTIMS OF HUMAN TRAFFICKING;
   (IV) RELIEF AND RECOVERY OPTIONS FOR SURVIVORS; AND
   (V) SOCIAL AND LEGAL SERVICES AVAILABLE TO VICTIMS.
   D.  THE  COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND
 THE COMMISSIONER OF THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE
 SHALL MAKE AVAILABLE A LIST OF ESTABLISHED OR APPROVED HUMAN TRAFFICKING
 RECOGNITION PROGRAMS FOR USE BY A GAMING FACILITY.
   E. ALL NEW EMPLOYEES REQUIRED TO RECEIVE HUMAN TRAFFICKING RECOGNITION
 TRAINING SHALL RECEIVE SUCH TRAINING WITHIN THEIR FIRST MONTH OF EMPLOY-
 MENT.
   F. THE TRAINING SHALL TAKE PLACE ON THE PREMISES OF THE GAMING FACILI-
 TY AND SHALL BE CONSIDERED COMPENSABLE TIME.
   2. RECORD KEEPING REQUIREMENTS OF HUMAN TRAFFICKING RECOGNITION TRAIN-
 ING.  EVERY KEEPER OF EACH  GAMING FACILITY SHALL MAINTAIN RECORDS INDI-
 CATING THAT EACH EMPLOYEE REQUIRED TO UNDERGO AN ESTABLISHED OR APPROVED
 HUMAN  TRAFFICKING RECOGNITION TRAINING PROGRAM PURSUANT TO THIS SECTION
 HAS COMPLETED SUCH TRAINING. SUCH RECORDS SHALL BE KEPT ON FILE  BY  THE
 GAMING  FACILITY FOR THE PERIOD DURING WHICH THE EMPLOYEE IS EMPLOYED BY
 THE GAMING FACILITY AND FOR ONE YEAR AFTER SUCH EMPLOYMENT ENDS.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law;  provided however, paragraph d of subdivision 1 of
 section 210 of the general business law shall take  effect  immediately;
 provided  further that all current employees of gaming facilities on the
 effective date of this act shall receive  human-trafficking  recognition
 training  pursuant  to this act within four months of the effective date
 of this act.