S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    357
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M. of A. PAULIN, HUNTER, RICHARDSON, DE LA ROSA, CRESPO,
   SIMON, JAFFEE, GALEF, D'URSO, BLAKE, MOSLEY, GOTTFRIED, ABBATE, ORTIZ,
   RIVERA,  CROUCH,  GIGLIO,  McDONOUGH,  QUART,  BICHOTTE,  OTIS,  FAHY,
   WEPRIN,  NIOU  --  Multi-Sponsored  by  -- M. of A. COOK, JEAN-PIERRE,
   MORINELLO, WALSH -- read once and referred to the Committee on Econom-
   ic Development
 
 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.
                                                            LBD01277-01-9

 A. 357                              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 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.