Bill Text: NY S00244 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2022-07-20 - SIGNED CHAP.393 [S00244 Detail]

Download: New_York-2021-S00244-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         244--A
            Cal. No. 485

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (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:

     1    Section 1. The general business law is amended by adding a new section
     2  205 to read as follows:
     3    § 205. Human trafficking awareness and training. 1.  Human trafficking
     4  recognition training program.  a. For purposes of this section, "lodging
     5  facility"  shall mean any inn, hotel, motel, motor court or other estab-
     6  lishment that provides lodging to transient guests. Such term shall  not
     7  include  an establishment treated as a dwelling unit for the purposes of
     8  any state or local law or regulation or an establishment located  within
     9  a  building  that  has  five  or less rooms for rent or hire and that is
    10  actually occupied as a residence by the proprietor  of  such  establish-
    11  ment.
    12    b.  Every  lodging facility shall require all employees who are likely
    13  to interact or come into contact with guests to undergo  a  human  traf-
    14  ficking recognition training program to provide training in the recogni-
    15  tion  of  a  human trafficking victim as defined in section four hundred
    16  eighty-three-aa of the social services law. Such training program  shall
    17  be  established or approved by the division of criminal justice services
    18  and the office of temporary and disability  assistance  in  consultation
    19  with the New York state interagency task force on human trafficking. The
    20  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

     1  organization, and may be incorporated as part of the lodging  facility's
     2  existing  training  programs  or  may  be  provided  by organizations or
     3  providers identified by the commissioner of  the  division  of  criminal
     4  justice  services  or  the  commissioner  of the office of temporary and
     5  disability assistance, provided that the training includes  all  of  the
     6  requirements  of this section. Established or approved training programs
     7  may be made available through methods including,  but  not  limited  to,
     8  in-person  instruction,  electronic  and  video communication, or online
     9  programs.
    10    c. Any human trafficking recognition training program  established  or
    11  approved  by the division of criminal justice services and the office of
    12  temporary and disability assistance in consultation with  the  New  York
    13  state  interagency  task  force on human trafficking as required in this
    14  section shall address no less than the following issues:
    15    (i) the nature of human trafficking;
    16    (ii) how human trafficking is defined in law;
    17    (iii) how to identify victims of human trafficking;
    18    (iv) relief and recovery options for survivors; and
    19    (v) social and legal services available to victims.
    20    d. The commissioner of the division of criminal justice  services  and
    21  the  commissioner  of  the office of temporary and disability assistance
    22  shall make available a list of established or approved human trafficking
    23  recognition programs for use by a lodging facility.
    24    e. All new employees required to receive human trafficking recognition
    25  training shall receive such training within their first month of employ-
    26  ment.
    27    f. The training shall take place on the premises of the lodging facil-
    28  ity and shall be considered compensable time.
    29    2. Record keeping requirements of human trafficking recognition train-
    30  ing. Every keeper of each lodging facility shall maintain records  indi-
    31  cating that each employee required to undergo an established or approved
    32  human  trafficking recognition training program pursuant to this section
    33  has completed such training.  Such records shall be kept on file by  the
    34  lodging facility for the period during which the employee is employed by
    35  the lodging facility and for one year after such employment ends.
    36    §  2. This act shall take effect one year after it shall have become a
    37  law; provided however, paragraph d of subdivision 1 of  section  205  of
    38  the general business law, as added by section one of this act shall take
    39  effect immediately; provided further that all applicable current employ-
    40  ees  of  a  lodging  facility  on  the  effective date of this act shall
    41  receive human trafficking recognition training within four months of the
    42  effective date of this act.
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