Legislation
SECTION 205
Human trafficking awareness and training
General Business (GBS) CHAPTER 20, ARTICLE 12
§ 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
establishment 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
establishment.
b. 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 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
facility and shall be considered compensable time.
2. Record keeping requirements of human trafficking recognition
training. Every keeper of each lodging facility shall maintain records
indicating 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.
recognition training program. a. For purposes of this section, "lodging
facility" shall mean any inn, hotel, motel, motor court or other
establishment 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
establishment.
b. 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 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
facility and shall be considered compensable time.
2. Record keeping requirements of human trafficking recognition
training. Every keeper of each lodging facility shall maintain records
indicating 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.