Senate Bill S4183

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4183
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 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
 PROGRAMS MAY BE MADE AVAILABLE THROUGH METHODS INCLUDING, BUT NOT LIMIT-
 ED TO, IN-PERSON INSTRUCTION, ELECTRONIC  AND  VIDEO  COMMUNICATION,  OR
 ONLINE PROGRAMS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08510-01-3
 S. 4183                             2
              

 
   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 as added by section one of  this
 act,  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.