2021 -- H 5270

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LC000947

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- HOTELS--HUMAN TRAFFICKING

REPORTING AND PREVENTION ACT

     

     Introduced By: Representatives Diaz, McNamara, Slater, Perez, Giraldo, Felix, Biah,
Tobon, S Lima, and Abney

     Date Introduced: January 29, 2021

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

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is hereby amended by adding thereto the following chapter:

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CHAPTER 14.1

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THE HUMAN TRAFFICKING REPORTING AND PREVENTION ACT

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     5-14.1-1. Definitions.

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     As used in this chapter:

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     (1) “Hotel” shall mean any establishment defined in § 5-14-3.

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     (2) “Human trafficking” means the use of force, fraud, or coercion to obtain some type of

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labor or commercial sex act as defined in 22 USC § 7102 and the commission of an offense created

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by §§ 11-67.1-3 through 11-67.1-7.

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     (3) “Human trafficking awareness training” means a training that includes the following

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components:

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

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     (ii) Guidance on how to identify individuals at risk for trafficking;

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     (iii) Guidance on how to identify the signs of trafficking and individuals potentially

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engaged in the act of trafficking;

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     (iv) Differences between labor and sex trafficking, specific to the hotel sector;

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     (v) Guidance on the role of hospitality employees in reporting and responding to this issue;

 

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and

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     (vi) The contact information for the National Human Trafficking Hotline tollfree number

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and text line or contact information for the local law enforcement.

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     (4) “Local law enforcement” means the local city or town police department or the Rhode

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Island state police.

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     5-14.1-2. Posting requirements.

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     Every operator of a hotel shall post in a location conspicuous to employees human

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trafficking awareness signage, printed in an easily legible font in English and any other language

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spoken by at least ten percent (10%) of the employees.

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     5-14.1-3. Policies and procedures for identifying and reporting.

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     Every operator of a hotel shall implement procedures for the reporting of suspected human

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trafficking to the National Human Trafficking Hotline or to local law enforcement and shall

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implement a human trafficking prevention policy which shall apply to all employees.

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     5-14.1-4. Recognition of human trafficking prevention efforts.

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     (a) An owner, operator or employee of a hotel who complies in good faith with this chapter

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shall not be liable for any act or omission arising out of or related to human trafficking committed

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by a third-party unless the owner, operator or employee of the hotel knowingly assists the

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commission of human trafficking.

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     (b) For the purposes of this chapter, a good faith effort shall mean that the hotel:

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     (1) Maintained signage as required by § 5-14.1-2; and

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     (2) Implemented a human trafficking awareness prevention policy as required in § 5-14.1-

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3; and

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     (3) Conducted a training on human trafficking awareness in the twelve (12) months prior

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to an alleged incident.

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     SECTION 2. This act shall take effect on January 1, 2022.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- HOTELS--HUMAN TRAFFICKING

REPORTING AND PREVENTION ACT

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     This act would create the Human Trafficking Reporting and Prevention Act applicable to

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hotels, requiring them to educate their employees about identifying, reporting and preventing

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human trafficking, on their premises.

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     This act would take effect on January 1, 2022.

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