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.