S T A T E O F N E W Y O R K
________________________________________________________________________
6834--A
2017-2018 Regular Sessions
I N A S S E M B L Y
March 21, 2017
___________
Introduced by M. of A. PAULIN, TITONE, HARRIS, HUNTER, RICHARDSON,
DE LA ROSA, CRESPO, SIMON, JAFFEE, GALEF, D'URSO, BLAKE, MOSLEY, GOTT-
FRIED, ABBATE, ORTIZ, RIVERA, CROUCH, GIGLIO, McDONOUGH, SEPULVEDA,
QUART -- Multi-Sponsored by -- M. of A. COOK, HOOPER, JEAN-PIERRE,
MORINELLO, WALSH -- read once and referred to the Committee on Econom-
ic Development -- 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
AN ACT to amend the general business law, in relation to human traffick-
ing awareness and training
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
205 to read as follows:
§ 205. HUMAN TRAFFICKING AWARENESS AND TRAINING. 1. HUMAN TRAFFICKING
RECOGNITION TRAINING PROGRAM. A. FOR PURPOSES OF THIS SECTION, "LODGING
FACILITY" SHALL MEAN ANY INN, HOTEL, MOTEL, MOTOR COURT OR OTHER ESTAB-
LISHMENT THAT PROVIDES LODGING TO TRANSIENT GUESTS. SUCH TERM SHALL NOT
INCLUDE AN ESTABLISHMENT TREATED AS A DWELLING UNIT FOR THE PURPOSES OF
ANY STATE OR LOCAL LAW OR REGULATION OR AN ESTABLISHMENT LOCATED WITHIN
A BUILDING THAT HAS FIVE OR LESS ROOMS FOR RENT OR HIRE AND THAT IS
ACTUALLY OCCUPIED AS A RESIDENCE BY THE PROPRIETOR OF SUCH ESTABLISH-
MENT.
B. EVERY LODGING FACILITY SHALL REQUIRE ALL EMPLOYEES WHO ARE LIKELY
TO INTERACT OR COME INTO CONTACT WITH GUESTS TO UNDERGO A HUMAN TRAF-
FICKING RECOGNITION TRAINING PROGRAM TO PROVIDE TRAINING IN THE RECOGNI-
TION OF A HUMAN TRAFFICKING VICTIM AS DEFINED IN SECTION FOUR HUNDRED
EIGHTY-THREE-AA OF THE SOCIAL SERVICES LAW. SUCH TRAINING PROGRAM SHALL
BE APPROVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE OFFICE
OF TEMPORARY AND DISABILITY ASSISTANCE IN CONSULTATION WITH THE NEW YORK
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10352-07-8
A. 6834--A 2
STATE INTERAGENCY TASK FORCE ON HUMAN TRAFFICKING. THE TRAINING PROGRAM
MAY BE DEVELOPED BY A FEDERAL, STATE, OR NON-PROFIT ORGANIZATION, AND
MAY BE INCORPORATED AS PART OF THE LODGING FACILITY'S EXISTING TRAINING
PROGRAMS OR MAY BE PROVIDED BY ORGANIZATIONS 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. APPROVED TRAINING PROGRAMS MAY BE MADE AVAILABLE THROUGH METH-
ODS INCLUDING, BUT NOT LIMITED TO, IN-PERSON INSTRUCTION, ELECTRONIC AND
VIDEO COMMUNICATION, OR ONLINE PROGRAMS.
C. ANY HUMAN TRAFFICKING RECOGNITION TRAINING PROGRAM APPROVED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES AND THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE IN CONSULTATION WITH THE NEW YORK STATE INTERAGEN-
CY TASK FORCE ON HUMAN TRAFFICKING AS REQUIRED IN 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 NO MORE THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF
THIS SECTION A LIST OF APPROVED HUMAN TRAFFICKING RECOGNITION PROGRAMS
FOR USE BY A LODGING FACILITY.
E. THE TRAINING SHALL TAKE PLACE ON THE PREMISES OF THE LODGING FACIL-
ITY AND SHALL BE CONSIDERED COMPENSABLE TIME.
2. RECORD KEEPING REQUIREMENTS OF HUMAN TRAFFICKING RECOGNITION TRAIN-
ING. EVERY KEEPER OF EACH LODGING FACILITY SHALL MAINTAIN RECORDS INDI-
CATING THAT EACH EMPLOYEE REQUIRED TO UNDERGO AN APPROVED HUMAN TRAF-
FICKING RECOGNITION TRAINING PROGRAM PURSUANT TO THIS SECTION HAS
COMPLETED SUCH TRAINING. 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.
3. POSTING OF NOTICE CONCERNING SERVICES FOR HUMAN TRAFFICKING
VICTIMS. EVERY KEEPER OF A LODGING FACILITY SHALL POST IN PLAIN VIEW AND
IN A CONSPICUOUS PLACE AND MANNER IN THE PUBLIC RESTROOMS, AND, IF PRAC-
TICABLE, IN THE INDIVIDUAL GUEST ROOMS, AND NEAR THE PUBLIC ENTRANCE OR
IN ANOTHER CONSPICUOUS LOCATION IN CLEAR VIEW OF THE PUBLIC AND THE
EMPLOYEES WHERE SIMILAR NOTICES ARE CUSTOMARILY POSTED OF SUCH LODGING
FACILITY, A NOTICE DEVELOPED BY THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE IN CONSULTATION WITH THE NEW YORK STATE INTERAGENCY TASK
FORCE ON HUMAN TRAFFICKING WHICH SHALL INCLUDE THE NATIONAL HUMAN TRAF-
FICKING HOTLINE TELEPHONE NUMBER. SUCH NOTICE SHALL ALSO BE DISPLAYED,
IF PRACTICABLE, ON THE INTERNET RESERVATION WEBSITE OF SUCH LODGING
FACILITY OR ON THE INTERNET PLATFORM OF A ROOM REMARKETER, AS DEFINED IN
PARAGRAPH EIGHT OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED ONE OF THE
TAX LAW.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided however, that effective immediate-
ly, the commissioner of the division of criminal justice services and
the commissioner of the office of temporary and disability assistance
may make regulations and take other actions necessary to implement this
act on its effective date.