NY State Senate Bill 2017-S8322

Senate Bill S8322

2017-2018 Legislative Session

Promotes the education of the human trafficking information and referral hotline to assist persons in freeing themselves from severe acts of sex trafficking

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2018	referred to investigations and government operations

2017-S8322 (ACTIVE) - Details

See Assembly Version of this Bill:: A3169
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §65-e, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6477
2011-2012: A1061
2013-2014: A2985
2015-2016: A6239
2019-2020: S2167, A3192
2021-2022: S3374, A7818

2017-S8322 (ACTIVE) - Summary

Promotes the education of the human trafficking information and referral hotline to assist persons in freeing themselves from severe acts or forms of sex trafficking.

2017-S8322 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8322

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to promoting the education of the human trafficking information
and referral hotlines to assist individuals from becoming or freeing
themselves from any act of severe forms of sex trafficking

 
PURPOSE:

The purpose of this bill is to require the posting of the federal human
trafficking referral hotline information at all establishment selling
alcohol beverages.

 
SUMMARY OF PROVISIONS:

Section 1 establishes the legislative findings that presently, there is
no law requiring wine and beer establishments to post a notification
regarding the offense of human trafficking.

Section 2 amends the alcoholic beverage control law by adding a new

section, 65-e, which would require the NYS Liquor Authority to prepare,
print and distribute across the state to all adult entertainment estab-
lishments, including any person, corporation, or other business estab-
lishment with a license to sell alcoholic beverages for consumption on
the premises, a sign or poster with conspicuous lettering that states
the following:

a. "Notice on Human Trafficking: Obtaining forced labor or service is a
crime under the federal government. If you or someone you know is a
victim of human trafficking, you are encouraged either to call the
National Human Trafficking Resource Center toll free number at
1-888-373-7888 or to get immediate help call the Trafficking in Persons
and Worker Exploitation Task Force Complaint line at 1888-428-7581. You
may remain anonymous."

b. (i) The sign must be at least 8 1/2 inches high and 11 inches wide.
The English notice must cover approximately two-thirds of the sign, and
Spanish and any other language that the authority deems necessary to
display the notice should cover one-third of the sign.

(ii) If the National Human Trafficking Resource center toll free number
or the Trafficking in Persons and Worker Exploitation Task Force
complaint line number changes, the authority is required to reissue the
sign or poster within thirty days to any person, corporation, or other
business establishment with a license to sell alcoholic beverages for
consumption on the premises, including adult entertainment establish-
ments.

c. Any person, corporation, or other business establishment with a
license to sell alcoholic beverages for consumption on the premises,
including adult entertainment establishments, shall display in an
upright position and in a conspicuous place where it can be easily read
by clientele and employees of the establishment, the sign or poster upon
receiving it from the authority.

Section 3 is the effective date.

 
JUSTIFICATION:
Presently, there is no state law requiring wine and beer establishments,
including adult entertainment establishments, to post a human traffick-
ing notification sign. About eighty percent of trafficking victims are
often forced into the sex-slave trade industry. Furthermore, outreach
services are widely unknown to victims of trafficking. According to the
United States Department of Justice, forty-eight percent of the human
trafficking matters opened by federal attorneys were in federal judicial
districts in four states: California (17%), Florida (14%), Texas (9%),
and New York (8%). In many of these cases, women and men are forced to
be hosts or servers in establishments that serve alcohol in bars or
entertainment clubs. Of the 555 human trafficking suspects in matters
opened by United States attorneys between 2001 through 2005, fifty-eight
percent were investigated for offenses and twenty-four percent were
forced labor violations under the federal Trafficking Victims Protection
Act.

 
PRIOR LEGISLATIVE HISTORY:

2007-08:  A8354(Ortiz)- Referred to Economic Development
2009-10:  A6477(Ortiz)- Held in Economic Development
2011-12:  A1061(Ortiz)- Referred to Economic Development
2013-14:  A2985(Ortiz)- Referred to Economic Development
2015-16:  A6239(Ortiz)- Referred to Economic Development

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
Immediately

2017-S8322 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8322
 
                             I N  S E N A T E
 
                                May 1, 2018
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   promoting  the  education  of  the  human  trafficking information and
   referral hotlines to assist individuals from becoming or freeing them-
   selves from any act of severe forms of sex trafficking
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative findings. Presently, there is no law requiring
 wine and beer  establishments  to  post  a  notification  regarding  the
 offense  of  human  trafficking. About 80 percent of trafficking victims
 are often forced into the sex-slave trade industry.  In  many  of  these
 cases, women and men are forced to be hosts or servers in establishments
 that serve alcohol in bars or entertainment clubs. Furthermore, outreach
 services  are  widely unknown to victims of trafficking.  The purpose of
 this act is to promote the education of  the  federal  toll  free  human
 trafficking referral hotlines.
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 65-e to read as follows:
   § 65-E. POSTING OF SIGNS  RELATING  TO  HUMAN  TRAFFICKING.    1.  THE
 AUTHORITY  SHALL  PREPARE,  PRINT AND DISTRIBUTE ACROSS THE STATE TO ANY
 PERSON, CORPORATION, PARTNERSHIP, OR OTHER BUSINESS ESTABLISHMENT WITH A
 LICENSE TO SELL ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES  AND
 ANY ESTABLISHMENT THAT PERMITS ANY PERSON TO APPEAR ON LICENSED PREMISES
 IN SUCH A MANNER OR ATTIRE AS TO EXPOSE TO VIEW ANY PORTION OF THE PUBIC
 AREA,  ANUS, VULVA OR GENITALS, OR ANY SIMULATION THEREOF, OR PERMIT ANY
 FEMALE TO APPEAR IN SUCH A MANNER OR ATTIRE AS TO  EXPOSE  TO  VIEW  ANY
 PORTION  OF  THE  BREAST  BELOW  THE TOP OF THE AREOLA, A SIGN OR POSTER
 MEETING THE FOLLOWING SPECIFICATIONS:
   (A)  CONSPICUOUS  LETTERING  STATING  "NOTICE  ON  HUMAN  TRAFFICKING:
 OBTAINING  FORCED  LABOR OR SERVICE IS A CRIME UNDER THE FEDERAL GOVERN-
 MENT.  IF YOU OR SOMEONE YOU KNOW IS A VICTIM OF HUMAN TRAFFICKING,  YOU
 ARE  ENCOURAGED  EITHER  TO CALL THE NATIONAL HUMAN TRAFFICKING RESOURCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD08207-01-7

 S. 8322                             2
 
 CENTER TOLL FREE NUMBER AT 1-888-373-7888 OR TO GET IMMEDIATE HELP  CALL
 THE  TRAFFICKING IN PERSONS AND WORKER EXPLOITATION TASK FORCE COMPLAINT
 LINE AT 1-888-428-7581 (VOICE AND TTY). YOU MAY REMAIN ANONYMOUS."
   (B)  (I)  THE SIGN MUST BE AT LEAST EIGHT AND ONE-HALF INCHES HIGH AND
 ELEVEN INCHES WIDE. THE ENGLISH NOTICE  MUST  COVER  APPROXIMATELY  TWO-
 THIRDS OF THE SIGN, AND SPANISH AND ANY OTHER LANGUAGE THAT THE AUTHORI-
 TY  DEEMS  NECESSARY  TO DISPLAY ON THE NOTICE SHOULD COVER ONE-THIRD OF
 THE SIGN.
   (II) IF THE NATIONAL  HUMAN  TRAFFICKING  RESOURCE  CENTER  TOLL  FREE
 NUMBER  OR THE TRAFFICKING IN PERSONS AND WORKER EXPLOITATION TASK FORCE
 COMPLAINT LINE NUMBER CHANGES, THE AUTHORITY IS REQUIRED TO REISSUE  THE
 SIGN  OR POSTER WITH THE CHANGE WITHIN THIRTY DAYS TO ANY PERSON, CORPO-
 RATION, PARTNERSHIP, OTHER BUSINESS ESTABLISHMENT WITH A LICENSE TO SELL
 ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES AND  ANY  ESTABLISH-
 MENT  THAT  PERMITS  ANY PERSON TO APPEAR ON LICENSED PREMISES IN SUCH A
 MANNER OR ATTIRE AS TO EXPOSE TO VIEW ANY PORTION  OF  THE  PUBIC  AREA,
 ANUS, VULVA OR GENITALS, OR ANY SIMULATION THEREOF, OR PERMIT ANY FEMALE
 TO APPEAR IN SUCH A MANNER OR ATTIRE AS TO EXPOSE TO VIEW ANY PORTION OF
 THE BREAST BELOW THE TOP OF THE AREOLA.
   (C) ANY PERSON, CORPORATION, PARTNERSHIP, OR OTHER BUSINESS ESTABLISH-
 MENT  WITH  A LICENSE TO SELL ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE
 PREMISES AND ANY ESTABLISHMENT THAT PERMITS  ANY  PERSON  TO  APPEAR  ON
 LICENSED  PREMISES  IN  SUCH A MANNER OR ATTIRE AS TO EXPOSE TO VIEW ANY
 PORTION OF THE PUBIC AREA, ANUS, VULVA OR GENITALS,  OR  ANY  SIMULATION
 THEREOF, OR PERMIT ANY FEMALE TO APPEAR IN SUCH A MANNER OR ATTIRE AS TO
 EXPOSE  TO  VIEW  ANY PORTION OF THE BREAST BELOW THE TOP OF THE AREOLA,
 SHALL DISPLAY, IN AN UPRIGHT POSITION AND IN A CONSPICUOUS  PLACE  WHERE
 IT  CAN  BE EASILY READ BY CLIENTELE AND EMPLOYEES OF THE ESTABLISHMENT,
 SUCH SIGN OR POSTER UPON RECEIVING IT FROM THE AUTHORITY.
   2. ANY PERSON, CORPORATION, PARTNERSHIP, OR OTHER BUSINESS  ESTABLISH-
 MENT  WITH  A LICENSE TO SELL ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE
 PREMISES AND ANY ESTABLISHMENT THAT PERMITS  ANY  PERSON  TO  APPEAR  ON
 LICENSED  PREMISES  IN  SUCH A MANNER OR ATTIRE AS TO EXPOSE TO VIEW ANY
 PORTION OF THE PUBIC AREA, ANUS, VULVA OR GENITALS,  OR  ANY  SIMULATION
 THEREOF, OR PERMIT ANY FEMALE TO APPEAR IN SUCH A MANNER OR ATTIRE AS TO
 EXPOSE  TO  VIEW  ANY PORTION OF THE BREAST BELOW THE TOP OF THE AREOLA,
 WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A  CIVIL
 PENALTY, NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH DAY OF VIOLATION.
   § 3. This act shall take effect immediately.

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