HOUSE  .  .  .  .  .  .  .  .  No. 4437

The Commonwealth of Massachusetts

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HOUSE OF REPRESENTATIVES, February 24, 2020.

The committee on Public Safety and Homeland Security, to whom was referred the joint petition (accompanied by bill, House, No. 2148) of Thomas P. Walsh, Joan B. Lovely and others relative to requiring human trafficking recognition training for certain hospitality workers, reports recommending that the accompanying bill (House, No. 4437) ought to pass.

For the committee,

HAROLD P. NAUGHTON, JR..

        FILED ON: 2/3/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4437

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act requiring human trafficking recognition for certain hospitality workers.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 1. Chapter 140 of the General Laws is hereby amended by inserting after section 6B the following section:-

Section 6C. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Attorney General”, the attorney general of the commonwealth established pursuant to section 1 of chapter 12 of the General Laws.

“Innholder”, a person licensed pursuant to section 2.

“Qualified accommodation” a hotel, motel, lodging house or bed and breakfast establishment, as defined in section 1 of chapter 64G.             

(b) (1) The attorney general shall establish an innholder awareness program to provide training on human trafficking recognition which shall include, but shall not be limited to, training on:

(i)the nature of human trafficking;

(ii)how human trafficking is defined pursuant to section 50 and 51 of chapter 265;

(iii)how to identify victims of human trafficking, as defined in section 20M of chapter 233;

(iv)how to identify people engaged in human trafficking in violation of section 50 or section 51 of chapter 265.

(v) relief and recovery options for victims or survivors; and

(vi)social and legal services available to victims or survivors.

(2) The attorney general shall annually publish a statewide list of organizations or providers approved to conduct human trafficking recognition training programs by January 1st.

(3) The attorney general shall develop a standard written notice to be posted in every qualified accommodation pursuant to subsection (c)

(4) The attorney general shall promulgate rules and regulations for the administration and enforcement of this section.

(c) (1) An innholder operating a qualified accommodation shall annually provide all employees with training on human trafficking recognition. Said training shall be conducted by an organization or provider approved by the attorney general pursuant to subsection (b). An innholder operating a qualified accommodation shall require every employee to participate in said program.

(2) An innholder operating a qualified accommodation shall post in plain view, in the lobby and in any public restroom of such qualified accommodation, a written notice developed by the attorney general, which shall include the national human trafficking hotline telephone number.

(3) Any employee of innholder operating a qualified accommodation who suspects a person is engaged in human trafficking on the premises of the qualified accommodation shall immediately report any suspected human trafficking activity to the manager of the qualified accommodation. A manager in receipt of a report of suspected human trafficking activity shall immediately notify the local police department.

(d)(1) An innholder operating a qualified accommodation that fails to train their employees pursuant to subsection (c) shall be punished by a fine of not less than $500 or an amount established by the attorney general pursuant to clause (4) of subsection (b).

(2) An innholder operating a qualified accommodation that fails to post written notice required by subsection (c) shall be punished by a fine of not less than $300 or an amount established by the attorney general pursuant to clause (4) of subsection (b).

(3) An innholder operating a qualified accommodation that fails to notify local police of a report of suspected human trafficking activity by a manger or an employee shall be punished by a fine of not less than $500 or an amount established by the attorney general pursuant to clause (4) of subsection (b). .

(e) This section shall not apply to accommodations exempt from the room occupancy excise pursuant to section 2 of chapter 64G.

SECTION 2. Subsection (c) and (d) of section 6C of chapter 140 of the General Laws shall take effect July 1, 2020.