HOUSE OF REPRESENTATIVES

H.B. NO.

2429

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to human trafficking.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that human traffickers often exploit the privacy and anonymity available through the hospitality industry. Transient accommodations are especially attractive locations for human traffickers partly because hospitality staff are not adequately trained to recognize signs of trafficking and report instances of suspected trafficking. Given the widespread harm caused by human trafficking, it is important that employees of transient accommodations receive training that equips them to act swiftly and effectively in response to known or suspected human trafficking at their workplaces.

The purpose of this Act is to:

(1) Establish training requirements for employees of transient accommodations in human trafficking awareness and response;

(2) Require operators of transient accommodations to display National Human Trafficking Resource Center hotline information to employees, establish written human trafficking prevention policies, and implement procedures for reporting known or suspected human trafficking; and

(3) Require the Hawaii tourism authority to monitor compliance with this Act.

SECTION 2. Chapter 371, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"371- Human trafficking awareness; transient accommodations; training; signage; reporting; noncompliance.

(a) Every operator of a transient accommodation in the State shall provide human trafficking awareness training to its employees in accordance with the following schedule:

(1) Initial training for existing employees shall be completed by December 1, 2020, and re-training shall occur on an annual basis thereafter; and

(2) New employees shall complete training within thirty days of the first date of employment.

(b) Human trafficking awareness training shall include the following components:

(1) The definition of human trafficking and commercial exploitation of children;

(2) Guidance on indicators of human trafficking and how to identify individuals at risk of being trafficked and individuals potentially engaged in the act of trafficking;

(3) Differences between labor and sex trafficking, specific to the transient accommodations sector;

(4) Guidance on the role of hospitality employees in reporting and responding to human trafficking; and

(5) The contact information for the National Human Trafficking Hotline toll-free telephone number and text message line or contact information for the applicable county police department.

No later than December 31 of each year, every operator of a transient accommodation shall certify in writing to the Hawaii tourism authority that each employee has completed the training required by this section.

(c) No later than January 1, 2021, every operator of a transient accommodation shall:

(1) Comply with the signage requirements of section 371-20;

(2) Establish a written human trafficking prevention policy that applies to all employees; and

(3) Implement procedures for reporting known or suspected human trafficking to the National Human Trafficking Hotline or to a local law enforcement agency;

provided that transient accommodations established after January 1, 2021, shall have one hundred eighty days from the first day of opening its doors to the public to comply with this subsection.

(d) The Hawaii tourism authority shall maintain a list of transient accommodations operators that have been deemed by the authority to be noncompliant with this section. Before including the operator on the noncompliance list, the authority shall provide transient accommodations operators ninety days after the authority's issuance of a written notice of violation to cure the violation. The authority shall make the noncompliance list available to other government agencies upon request.

(e) As used in this section, "operator" and "transient accommodations" have the same meaning as provided in section 237D-1.

(f) No later than September 1, 2020, the Hawaii tourism authority shall adopt interim rules, without regard to chapter 91, to effectuate the purposes of this section. No later than September 1, 2021, the Hawaii tourism authority shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section. The interim rules and rules shall include the following:

(1) A fine schedule that is commensurate with existing fine schedules for other violations by operators of transient accommodations; and

(2) A mechanism that ensures, to the extent practicable, that any transient accommodation booked for personal use by an employee of the authority is not a transient accommodation deemed by the authority to be noncompliant with this section."

SECTION 3. Section 371-20, Hawaii Revised Statutes, is amended by amending subsections (a) through (c) to read as follows:

"(a) Every employer specified in subsection (b) shall post and keep posted in a place readily accessible and conspicuous to individuals in the employer's employ a poster no smaller than eight and one-half inches by eleven inches in size that states the following:

"If you or someone you know is being forced to engage in any activity and cannot leave whether it is commercial sex, housework, farm work, or any other similar activity call the National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services.

Victims of human trafficking are protected under United States and Hawaii law.

The hotline is:

(1) Available twenty-four hours a day, seven days a week;

(2) Toll-free;

(3) Operated by a nonprofit, nongovernmental organization;

(4) Anonymous and confidential;

(5) Accessible in one hundred seventy languages; and

(6) Able to provide help, referral to services, training, and general information."

(b) For purposes of this section, "employer" means any person that:

(1) Holds a class 5 or class 11 liquor license pursuant to section 281-31;

(2) Maintains a massage therapy establishment that employs five or more people; [or]

(3) Employs one or more erotic or nude massagers or exotic or nude dancers as defined in section 712-1210[.]; or

(4) Operates a transient accommodation as defined in section 371- ; provided that the poster shall be printed in an easily legible font in English and in any other language that is spoken by at least ten per cent of the transient accommodation's employees.

(c) [A] Unless otherwise specified, a poster required under subsection (a) shall be printed in English and the director may supplement the required information."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Human Trafficking; HTA; Training; Enforcement

 

Description:

Establishes training requirements for employees of transient accommodations in human trafficking awareness and response. Requires operators of transient accommodations to display National Human Trafficking Resource Center hotline information to employees, establish written human trafficking prevention policies, and implement procedures for reporting known or suspected human trafficking. Requires the Hawaii Tourism Authority to monitor compliance with this Act.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.