NY State Senate Bill S244A

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (30)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 20, 2022	signed chap.393
Jul 11, 2022	delivered to governor
May 17, 2022	returned to senate passed assembly ordered to third reading rules cal.174 substituted for a887c
May 16, 2022	referred to economic development returned to assembly repassed senate
May 10, 2022	amended on third reading 244b
May 10, 2022	vote reconsidered - restored to third reading returned to senate recalled from assembly
Feb 15, 2022	referred to economic development delivered to assembly passed senate
Jan 19, 2022	advanced to third reading
Jan 18, 2022	2nd report cal.
Jan 12, 2022	1st report cal.129
Jan 05, 2022	referred to consumer protection returned to senate died in assembly
May 11, 2021	referred to economic development delivered to assembly passed senate
Mar 04, 2021	advanced to third reading
Mar 03, 2021	2nd report cal. amended 244a
Mar 02, 2021	1st report cal.485
Jan 06, 2021	referred to consumer protection

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S244 - Details

Law Section:: General Business Law
Laws Affected:: Add §205, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5955
2019-2020: S2683

S244 - Summary

Relates to human trafficking awareness and training; requires employees of lodging facilities to have training in the recognition of a human trafficking victim; requires the division of criminal justice services, the office of temporary and disability assistance and the New York state interagency task force on human trafficking to approve a human trafficking recognition training program.

S244 - Sponsor Memo

 
BILL NUMBER: S244

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the general business law, in relation to human traffick-
ing awareness and training for certain lodging facility employees

 
PURPOSE:

To require lodging facilities to provide a human-trafficking recognition
training program to all employees.

 
SUMMARY OF PROVISIONS:

Section 1 amends the general business law by adding a new section 205 to
provide that every lodging facility shall require all employees who are
likely to interact or come into contact with guests to undergo a human
trafficking recognition training program to provide training in the
recognition of a human trafficking victim as defined in section 483-aa
of the social services law. The training program, which shall be estab-

lished or approved by the Division of Criminal Justice Services (DCJS)
and the Office of temporary and Disability Assistance (OTDA) in consul-
tation with the New York State Interagency Task Force on Human Traffick-
ing (State Interagency Task Force), 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 DCJS or
OTDA, provided that the training includes the requirements set forth in
this section.

Lodging facility is defined as any inn, hotel, motel, motor court or
other establishment that provides lodging to transient guests, but shall
not include those establishments treated as a dwelling unit or ones
located within a building that has five or less rooms for rent or hire
and is occupied as a residence for the owner.

This section provides that all new employees required to undergo human
trafficking recognition training shall receive such training within
their first month of employment. It further stipulates that training
shall take place on the premises of such lodging facility and be consid-
ered compensable time. Every keeper of each lodging facility shall main-
tain records of all employees required to undergo human trafficking
recognition training.

Section 2 provides the effective date.

 
JUSTIFICATION:

We know that human trafficking is a $32 billion industry. We also have
learned that young girls and boys are being victimized in our state, in
our neighborhoods, whether urban, suburban, or rural, and regardless of
socioeconomic level. Yet even though trafficking victims may be among
us, we do not see them.

According to the Polaris Project, trafficking networks often rely on
legitimate businesses, such as hotels, to sustain their illegal oper-
ations. Hotels may be used to house victims while in transit or for the
purchase and sale of victims' forced services, with traffickers running
their business out of hotel rooms. The traffickers' ability to pay for
rooms in cash or to change rooms or hotel locations on a frequent basis
can make it easy for traffickers to avoid detection and purchasers of
sex can take advantage of the anonymity that buying sex in a hotel room
can provide. According to ECPATUSA, service providers and law enforce-
ment agencies report when asked that almost every single trafficked
victim with whom they came in contact had been exploited at one point in
a hotel.

Traffickers capitalize on the lack of awareness on the part of hotel
staff, managers and executives who often do not know what to look for or
what questions to ask or are unaware that human trafficking can occur at
their hotels.

Yet some in the hotel industry have realized that the criminal activity
taking place in hotels presents a great risk to the safety and security
of a hotel's legitimate customers as well as to the safety and security
of the hotel's business, in addition to recognizing that the traffickers
and the hotels that permit their properties to be utilized by traffick-
ers to ply their trade must be held accountable. International Marriott,
which includes the Ritz Carlton, Westin and Sheraton Hotels, through its
social responsibility program, has been training its employees on how to
recognize human trafficking victims since 2011. The Wyndham Hotel Group,
Hyatt Hotels Corporation, Hilton and Starwood Hotels and Resorts have
also been reported to have begun training. See Combatting Human Traf-
ficking in the Hotel Industry, by Bradley Myles, The Blog, The Huffing-
ton Post, July 22, 2016.

States too, have begun to understand the importance of utilizing the
hotel industry to end human trafficking. Legislation to require hotels
to train their employees and to post a notice regarding human traffick-
ing, similar to this bill, was introduced in California earlier this
year. Georgia enacted a law in 2013 requiring the posting of notices in
hotels as well as bars, adult entertainment businesses, bus stations,
truck stops and airports, among other venues. We have, by enacting
legislation last year that requires hospitals and other medical facili-
ties to provide human trafficking recognition training to their person-
nel, already recognized that educating the people who are most likely to
see or come into contact with children and young women and men who are
being sexually exploited to recognize signs that they are trafficking
victims is critical to ending human trafficking in New York. With this
legislation, the hotel industry can assume the central role it naturally
plays not only in responding to modern day slavery but also in prevent-
ing it. We must take this next step towards helping human trafficking
victims escape their lives of violence and enslavement.

 
LEGISLATIVE HISTORY:

2017-18: 559558 (Hamilton) - REFERRED TO CONSUMER PROTECTION
2019-20: 52683 (Mayer)- REFERRED TO CONSUMER PROTECTION

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
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 all 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.

S244 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    244
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. MAYER, BIAGGI, BROOKS, JACKSON, LIU, MYRIE -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to human traffick-
   ing awareness and training for certain lodging facility employees
 
   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 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. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01846-01-1

 S. 244                              2
 
 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 LIMITED 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  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 A LIST OF ESTABLISHED OR APPROVED HUMAN TRAFFICKING
 RECOGNITION PROGRAMS FOR USE BY A LODGING 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 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 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
 LODGING FACILITY FOR THE PERIOD DURING WHICH THE EMPLOYEE IS EMPLOYED BY
 THE LODGING 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 205 of the general business law, as added by section one of this
 act shall take effect immediately; provided further that all  applicable
 current  employees  of  a lodging facility on the effective date of this
 act shall receive human trafficking  recognition  training  within  four
 months of the effective date of this act.

Co-Sponsors

S244A - Details

Law Section:: General Business Law
Laws Affected:: Add §205, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5955
2019-2020: S2683

S244A - Summary

S244A - Sponsor Memo

 
BILL NUMBER: S244A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the general business law, in relation to human traffick-
ing awareness and training for certain lodging facility employees

 
PURPOSE:

To require lodging facilities to provide a human-trafficking recognition
training program to all employees.

 
SUMMARY OF PROVISIONS:

Section 1 amends the general business law by adding a new section 205 to
provide that every lodging facility shall require all employees who are
likely to interact or come into contact with guests to undergo a human
trafficking recognition training program to provide training in the
recognition of a human trafficking victim as defined in section 483-aa
of the social services law. The training program, which shall be estab-

lished or approved by the Division of Criminal Justice Services (DCJS)
and the Office of temporary and Disability Assistance (OTDA) in consul-
tation with the New York State Interagency Task Force on Human Traffick-
ing (State Interagency Task Force), 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 DCJS or
OTDA, provided that the training includes the requirements set forth in
this section.

Lodging facility is defined as any inn, hotel, motel, motor court or
other establishment that provides lodging to transient guests, but shall
not include those establishments treated as a dwelling unit or ones
located within a building that has five or less rooms for rent or hire
and is occupied as a residence for the owner.

This section provides that all new employees required to undergo human
trafficking recognition training shall receive such training within
their first month of employment. It further stipulates that training
shall take place on the premises of such lodging facility and be consid-
ered compensable time. Every keeper of each lodging facility shall main-
tain records of all employees required to undergo human trafficking
recognition training.

Section 2 provides the effective date.

 
JUSTIFICATION:

We know that human trafficking is a $32 billion industry. We also have
learned that young girls and boys are being victimized in our state, in
our neighborhoods, whether urban, suburban, or rural, and regardless of
socioeconomic level. Yet even though trafficking victims may be among
us, we do not see them.

According to the Polaris Project, trafficking networks often rely on
legitimate businesses, such as hotels, to sustain their illegal oper-
ations. Hotels may be used to house victims while in transit or for the
purchase and sale of victims' forced services, with traffickers running
their business out of hotel rooms. The traffickers' ability to pay for
rooms in cash or to change rooms or hotel locations on a frequent basis
can make it easy for traffickers to avoid detection and purchasers of
sex can take advantage of the anonymity that buying sex in a hotel room
can provide. According to ECPATUSA, service providers and law enforce-
ment agencies report when asked that almost every single trafficked
victim with whom they came in contact had been exploited at one point in
a hotel.

Traffickers capitalize on the lack of awareness on the part of hotel
staff, managers and executives who often do not know what to look for or
what questions to ask or are unaware that human trafficking can occur at
their hotels.

Yet some in the hotel industry have realized that the criminal activity
taking place in hotels presents a great risk to the safety and security
of a hotel's legitimate customers as well as to the safety and security
of the hotel's business, in addition to recognizing that the traffickers
and the hotels that permit their properties to be utilized by traffick-
ers to ply their trade must be held accountable. International Marriott,
which includes the Ritz Carlton, Westin and Sheraton Hotels, through its
social responsibility program, has been training its employees on how to
recognize human trafficking victims since 2011. The Wyndham Hotel Group,
Hyatt Hotels Corporation, Hilton and Starwood Hotels and Resorts have
also been reported to have begun training. See Combatting Human Traf-
ficking in the Hotel Industry, by Bradley Myles, The Blog, The Huffing-
ton Post, July 22, 2016.

States too, have begun to understand the importance of utilizing the
hotel industry to end human trafficking. Legislation to require hotels
to train their employees and to post a notice regarding human traffick-
ing, similar to this bill, was introduced in California earlier this
year. Georgia enacted a law in 2013 requiring the posting of notices in
hotels as well as bars, adult entertainment businesses, bus stations,
truck stops and airports, among other venues. We have, by enacting
legislation last year that requires hospitals and other medical facili-
ties to provide human trafficking recognition training to their person-
nel, already recognized that educating the people who are most likely to
see or come into contact with children and young women and men who are
being sexually exploited to recognize signs that they are trafficking
victims is critical to ending human trafficking in New York. With this
legislation, the hotel industry can assume the central role it naturally
plays not only in responding to modern day slavery but also in prevent-
ing it. We must take this next step towards helping human trafficking
victims escape their lives of violence and enslavement.

 
LEGISLATIVE HISTORY:

2017-18: 559558 (Hamilton) - REFERRED TO CONSUMER PROTECTION
2019-20: 52683 (Mayer)- REFERRED TO CONSUMER PROTECTION

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
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 all 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.

S244A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  244--A
     Cal. No. 485
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER,  BIAGGI,  BROOKS, GOUNARDES, JACKSON, LIU,
   MYRIE -- read twice and  ordered  printed,  and  when  printed  to  be
   committed  to the Committee on Consumer Protection -- reported favora-
   bly from said committee, ordered to first  report,  amended  on  first
   report,  ordered  to  a second report and ordered reprinted, retaining
   its place in the order of second report
 
 AN ACT to amend the general business law, in relation to human traffick-
   ing awareness and training for certain lodging facility employees
 
   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  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. THE
 TRAINING  PROGRAM  MAY  BE  DEVELOPED BY A FEDERAL, STATE, OR NON-PROFIT

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01846-02-1

 S. 244--A                           2
 
 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. ESTABLISHED OR APPROVED TRAINING PROGRAMS
 MAY BE MADE AVAILABLE THROUGH METHODS INCLUDING,  BUT  NOT  LIMITED  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 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 A LIST OF ESTABLISHED OR APPROVED HUMAN TRAFFICKING
 RECOGNITION PROGRAMS FOR USE BY A LODGING 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 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 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
 LODGING FACILITY FOR THE PERIOD DURING WHICH THE EMPLOYEE IS EMPLOYED BY
 THE LODGING FACILITY AND FOR ONE YEAR AFTER SUCH EMPLOYMENT ENDS.
   §  2. This act shall take effect one year after it shall have become a
 law; provided however, paragraph d of subdivision 1 of  section  205  of
 the general business law, as added by section one of this act shall take
 effect immediately; provided further that all applicable current employ-
 ees  of  a  lodging  facility  on  the  effective date of this act shall
 receive human trafficking recognition training within four months of the
 effective date of this act.

Co-Sponsors

S244B (ACTIVE) - Details

Law Section:: General Business Law
Laws Affected:: Add §205, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5955
2019-2020: S2683

S244B (ACTIVE) - Summary

S244B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S244B

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the general business law, in relation to human traffick-
ing awareness and training for certain lodging facility employees

 
PURPOSE:

To require lodging facilities to provide a human-trafficking recognition
training program to all employees.

 
SUMMARY OF PROVISIONS:

Section 1 amends the general business law by adding a new section 205 to
provide that every lodging facility shall require all employees who are
likely to interact or come into contact with guests to undergo a human
trafficking recognition training program to provide training in the
recognition of a human trafficking victim as defined in section 483-aa
of the social services law. The training program, which shall be estab-
lished or approved by the Division of Criminal Justice Services (DCJS)

and the Office of Temporary and Disability Assistance (OIDA) in consul-
tation with the New York State Interagency Task Force on Human Traffick-
ing (State Interagency Task Force), 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 DCJS or
OTDA, provided that the training includes the requirements set forth in
this section.

"Lodging facility" is defined as any inn, hotel, motel, motor court or
other establishment that provides lodging to transient guests, but shall
not include those establishments treated as a dwelling unit or ones
located within a building that has five or less rooms for rent or hire
and is occupied as a residence for the owner.

This section provides that all new employees required to undergo human
trafficking recognition training shall receive such training within
their first sixty days of employment. It further stipulates that train-
ing shall take place on the premises of such lodging facility and be
considered compensable time. Every keeper of each lodging facility shall
maintain records of all employees required to undergo human trafficking
recognition training.

Section 2 provides the effective date.

 
JUSTIFICATION:

We know that human trafficking is a $32 billion industry. We also have
learned that young girls and boys are being victimized in our state, in
our neighborhoods, whether urban, suburban, or rural, and regardless of
socioeconomic level. Yet even though trafficking victims may be among
us, we do not see them.

According to the Polaris Project, trafficking networks often rely on
legitimate businesses, such as hotels, to sustain their illegal oper-
ations. Hotels may be used to house victims while in transit or for the
purchase and sale of victims' forced services, with traffickers running
their business out of hotel rooms. The traffickers' ability to pay for
rooms in cash or to change rooms or hotel locations on a frequent basis
can make it easy for traffickers to avoid detection and purchasers of
sex can take advantage of the anonymity that buying sex in a hotel room
can provide. According to ECPAT-USA, service providers and law enforce-
ment agencies report when asked that almost every single trafficked
victim with whom they came in contact had been exploited at one point in
a hotel.

Traffickers capitalize on the lack of awareness on the part of hotel
staff, managers and executives who often do not know what to look for or
what questions to ask or are unaware that human trafficking can occur at
their hotels.

Yet some in the hotel industry have realized that the criminal activity
taking place in hotels presents a great risk to the safety and security
of a hotel's legitimate customers as well as to the safety and security
of the hotel's business, in addition to recognizing that the traffickers
and the hotels that permit their properties to be utilized by traffick-
ers to ply their trade must be held accountable. International Marriott,
which includes the Ritz Carlton, Westin and Sheraton Hotels, through its
social responsibility program, has been training its employees on how to
recognize human trafficking victims since 2011. The Wyndham Hotel Group,
Hyatt Hotels Corporation, Hilton and Starwood Hotels and Resorts have
also been reported to have begun training. See Combatting Human Traf-
ficking in the Hotel Industry, by Bradley Myles, The Blog, The Huffing-
ton Post, July 22, 2016.

States too, have begun to understand the importance of utilizing the
hotel industry to end human trafficking. Legislation to require hotels
to train their employees and to post a notice regarding human traffick-
ing, similar to this bill, was introduced in California earlier this
year. Georgia enacted a law in 2013 requiring the posting of notices in
hotels as well as bars, adult entertainment businesses, bus stations,
truck stops and airports, among other venues. We have, by enacting
legislation that requires hospitals and other medical facilities to
provide human trafficking recognition training to their personnel,
already recognized that educating the people who are most likely to see
or come into contact with children and young women and men who are being
sexually exploited to recognize signs that they are trafficking victims
is critical to ending human trafficking in New York. With this legis-
lation, the hotel industry can assume the central role it naturally
plays not only in responding to modern day slavery, but also in prevent-
ing it. We must take this next step towards helping human trafficking
victims escape their lives of violence and enslavement.

 
LEGISLATIVE HISTORY:

2021:A.887 Referred to Economic Development/ S.244, Passed Senate

2019/ 2020: A.357 Referred to Economic Development/ S.2683 Referred to
Consumer Protection

2018: A.6834-B Passed Assembly / S.5955-B Recommitted to Consumer
Protection

2017: A.6834 Referred to Economic Development / S.5955 Committed to
Rules
 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

S244B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  244--B
     Cal. No. 129
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER,  BIAGGI,  BROOKS, GOUNARDES, JACKSON, LIU,
   MYRIE -- read twice and  ordered  printed,  and  when  printed  to  be
   committed  to the Committee on Consumer Protection -- reported favora-
   bly from said committee, ordered to first  report,  amended  on  first
   report,  ordered  to  a second report and ordered reprinted, retaining
   its place in the order of second report -- recommitted to the  Commit-
   tee on Consumer Protection in accordance with Senate Rule 6, sec. 8 --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading, passed by Senate and delivered  to
   the  Assembly, recalled, vote reconsidered, restored to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN ACT to amend the general business law, in relation to human traffick-
   ing awareness and training for certain lodging facility employees
 
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01846-09-2
 S. 244--B                           2
 
 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 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. 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. ESTABLISHED OR APPROVED TRAINING  PROGRAMS
 MAY  BE  MADE  AVAILABLE  THROUGH METHODS INCLUDING, BUT NOT LIMITED 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  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; AND
   (IV)  WHO  TO CONTACT, SUCH AS THE NATIONAL HUMAN TRAFFICKING HOTLINE,
 WHICH CONNECTS VICTIMS OF HUMAN TRAFFICKING TO:
   (A) RELIEF AND RECOVERY OPTIONS; AND
   (B) SOCIAL AND LEGAL SERVICES.
   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 ONLINE  OF  ESTABLISHED  OR  APPROVED  HUMAN
 TRAFFICKING RECOGNITION PROGRAMS FOR USE BY A LODGING FACILITY.
   E. ALL NEW EMPLOYEES REQUIRED TO RECEIVE HUMAN TRAFFICKING RECOGNITION
 TRAINING  SHALL  RECEIVE  SUCH TRAINING WITHIN THEIR FIRST SIXTY DAYS OF
 EMPLOYMENT.
   F. 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 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
 LODGING FACILITY FOR THE PERIOD DURING WHICH THE EMPLOYEE IS EMPLOYED BY
 THE LODGING FACILITY AND FOR ONE YEAR AFTER SUCH EMPLOYMENT ENDS.
   §  2. This act shall take effect one year after it shall have become a
 law; provided however, paragraph d of subdivision 1 of  section  205  of
 the general business law, as added by section one of this act shall take
 effect immediately; provided further that all applicable current employ-
 ees  of  a  lodging  facility  on  the  effective date of this act shall
 receive human trafficking recognition training within four months of the
 effective date of this act.

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The New York State Senate

senate Bill S244A

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Feb 15, 2022 - floor Vote

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Jan 12, 2022 - Consumer Protection committee Vote

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May 11, 2021 - floor Vote

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Committee Vote: Mar 2, 2021

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senate Bill S244A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

May 16, 2022 - floor Vote

Floor Vote: May 16, 2022

Feb 15, 2022 - floor Vote

Floor Vote: Feb 15, 2022

Jan 12, 2022 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Jan 12, 2022

May 11, 2021 - floor Vote

Floor Vote: May 11, 2021

Mar 2, 2021 - Consumer Protection committee Vote

Committee Vote: Mar 2, 2021

Bill Amendments

Co-Sponsors

S244 - Details

S244 - Summary

S244 - Sponsor Memo

S244 - Bill Text download pdf

Co-Sponsors

S244A - Details

S244A - Summary

S244A - Sponsor Memo

S244A - Bill Text download pdf

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S244B (ACTIVE) - Details

S244B (ACTIVE) - Summary

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S244B (ACTIVE) - Bill Text download pdf

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