2021 -- H 5270

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LC000947

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

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:

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

is hereby amended by adding thereto the following chapter:

CHAPTER 14.1

THE HUMAN TRAFFICKING REPORTING AND PREVENTION ACT

     5-14.1-1. Definitions.

     As used in this chapter:

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

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

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

by §§ 11-67.1-3 through 11-67.1-7.

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

components:

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

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

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

engaged in the act of trafficking;

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

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

and

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

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

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

Island state police.

     5-14.1-2. Posting requirements.

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

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

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

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

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

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

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

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

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

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

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

commission of human trafficking.

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

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

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

3; and

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

to an alleged incident.

     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

***

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

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

human trafficking, on their premises.

     This act would take effect on January 1, 2022.

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