The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7034--A
                                                        Cal. No. 496

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             March 29, 2017
                               ___________

Introduced  by  M.  of  A.  TITONE,  PAULIN,  BARRETT, ORTIZ, GOTTFRIED,
  COLTON, MOSLEY, GALEF, HOOPER, JAFFEE,  OTIS,  PEOPLES-STOKES,  STECK,
  M. G. MILLER,  SEAWRIGHT  --  Multi-Sponsored  by  -- M. of A. ARROYO,
  RIVERA, SIMON -- read once and referred to the Committee  on  Economic
  Development  --  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place on the order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD09155-02-8

A. 7034--A                          2

PROGRAMS MAY BE MADE AVAILABLE THROUGH METHODS INCLUDING, BUT NOT LIMIT-
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.