Bill Text: NY S05955 | 2017-2018 | General Assembly | Amended


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 2-0)

Status: (Introduced - Dead) 2018-04-25 - PRINT NUMBER 5955B [S05955 Detail]

Download: New_York-2017-S05955-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5955--B
                               2017-2018 Regular Sessions
                    IN SENATE
                                       May 8, 2017
                                       ___________
        Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          recommitted to the Committee on Consumer Protection in accordance with
          Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said  committee  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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.
                                                                   LBD10352-10-8

        S. 5955--B                          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 on the sixtieth day after it shall
    37  have become a law; provided however, paragraph d  of  subdivision  1  of
    38  section 205 of the general business law, as added by section one of this
    39  act  shall take effect immediately; provided further that all applicable
    40  current employees of a lodging facility on the effective  date  of  this
    41  act  shall  receive  human  trafficking recognition training within four
    42  months of the effective date of this act.
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