Indiana 2024 Regular Session

Indiana House Bill HB1178 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1178
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 10-19-14; IC 34-30-2.1-127.3.
7	7	Synopsis: Human trafficking awareness training. Requires an owner
8	8	or operator of a public lodging establishment (establishment) to: (1)
9	9	provide human trafficking awareness training for employees; (2) post
10	10	human trafficking awareness signage; and (3) implement procedures
11	11	for the reporting of suspected human trafficking and a human
12	12	trafficking prevention policy. Requires the department of homeland
13	13	security (department) to make a list available on the department's
14	14	website of approved human trafficking training courses. Provides that
15	15	an owner, operator, or employee of an establishment that complies in
16	16	good faith with the requirements is not liable for an act or omission
17	17	arising out of or related to human trafficking committed by a third party
18	18	unless the owner, operator, or employee knowingly and willfully assists
19	19	in the commission of human trafficking. Requires the department to
20	20	maintain a list of establishments that are not in compliance with the
21	21	requirements. Requires a state agency to ensure that lodging for an
22	22	employee of the state agency is booked in an establishment that is not
23	23	on the list. Requires the department to adopt rules to implement the
24	24	requirements, including rules establishing a schedule of fines for a
25	25	violation.
26	26	Effective: Upon passage.
27	27	Haggard, Meltzer, Garcia Wilburn
28	28	January 9, 2024, read first time and referred to Committee on Veterans Affairs and Public
29	29	Safety.
30	30	2024 IN 1178—LS 6857/DI 141 Introduced
31	31	Second Regular Session of the 123rd General Assembly (2024)
32	32	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
33	33	Constitution) is being amended, the text of the existing provision will appear in this style type,
34	34	additions will appear in this style type, and deletions will appear in this style type.
35	35	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
36	36	provision adopted), the text of the new provision will appear in this style type. Also, the
37	37	word NEW will appear in that style type in the introductory clause of each SECTION that adds
38	38	a new provision to the Indiana Code or the Indiana Constitution.
39	39	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
40	40	between statutes enacted by the 2023 Regular Session of the General Assembly.
41	41	HOUSE BILL No. 1178
42	42	A BILL FOR AN ACT to amend the Indiana Code concerning
43	43	public safety.
44	44	Be it enacted by the General Assembly of the State of Indiana:
45	45	1 SECTION 1. IC 10-19-14 IS ADDED TO THE INDIANA CODE
46	46	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
47	47	3 UPON PASSAGE]:
48	48	4 Chapter 14. Human Trafficking Awareness Training
49	49	5 Sec. 1. As used in this chapter, "human trafficking" means:
50	50	6 (1) severe forms of trafficking in persons (as defined in
51	51	7 Section 103(8) of the federal Victims of Trafficking and
52	52	8 Violence Protection Act of 2000 (P.L. 106-386, 114 Stat.
53	53	9 1464)); and
54	54	10 (2) sex trafficking (as defined in Section 103(9) of the federal
55	55	11 Victims of Trafficking and Violence Protection Act of 2000
56	56	12 (P.L. 106-386, 114 Stat. 1464)).
57	57	13 Sec. 2. As used in this chapter, "public lodging establishment"
58	58	14 means accommodations for overnight or temporary habitation.
59	59	15 The term includes a hotel, motel, lodge, or inn.
60	60	16 Sec. 3. As used in this chapter, "state agency" has the meaning
61	61	17 set forth in IC 4-13-1-1(b).
62	62	2024 IN 1178—LS 6857/DI 141 2
63	63	1 Sec. 4. (a) An owner or operator of a public lodging
64	64	2 establishment shall provide human trafficking awareness training
65	65	3 for employees of the public lodging establishment. The training
66	66	4 must be an approved human trafficking training course included
67	67	5 on the department's list under section 5 of this chapter.
68	68	6 (b) The training must occur:
69	69	7 (1) before January 1, 2025, for an existing employee as of July
70	70	8 1, 2024; or
71	71	9 (2) not later than six (6) months after the commencement of
72	72	10 employment for a new employee hired after July 1, 2024.
73	73	11 (c) An owner or operator of a public lodging establishment shall
74	74	12 maintain records of each employee who has completed the training
75	75	13 required by this section. The records must be kept on file by the
76	76	14 owner or operator of the public lodging establishment for:
77	77	15 (1) the period during which an employee is employed by the
78	78	16 public lodging establishment; and
79	79	17 (2) one (1) year after the date the employment ends.
80	80	18 (d) Upon request, a public lodging establishment shall provide
81	81	19 a copy of the records maintained under subsection (c) to the
82	82	20 department.
83	83	21 Sec. 5. (a) The department shall make a list available on the
84	84	22 department's website of approved human trafficking training
85	85	23 courses for use by a public lodging establishment.
86	86	24 (b) A human trafficking awareness training course approved by
87	87	25 the department must include the following components:
88	88	26 (1) The definition of human trafficking and commercial
89	89	27 exploitation of children.
90	90	28 (2) Guidance on how to identify individuals at risk for human
91	91	29 trafficking.
92	92	30 (3) Guidance on how to identify the signs of human trafficking
93	93	31 and individuals potentially engaged in the act of human
94	94	32 trafficking.
95	95	33 (4) Differences between labor and sex trafficking, specific to
96	96	34 the hotel sector.
97	97	35 (5) Guidance on the role of hospitality employees in reporting
98	98	36 and responding to the issue of human trafficking.
99	99	37 (6) The contact information for:
100	100	38 (A) the National Human Trafficking Hotline, including the
101	101	39 toll free telephone number and text line; or
102	102	40 (B) a local law enforcement agency.
103	103	41 Sec. 6. (a) Before January 1, 2025, an owner or operator of a
104	104	42 public lodging establishment shall post human trafficking
105	105	2024 IN 1178—LS 6857/DI 141 3
106	106	1 awareness signage in a manner prescribed by the department.
107	107	2 (b) The signage must be printed in an easily legible font in:
108	108	3 (1) English; and
109	109	4 (2) any other primary language spoken by at least ten percent
110	110	5 (10%) of the employees of the public lodging establishment.
111	111	6 Sec. 7. Before January 1, 2025, an owner or operator of a public
112	112	7 lodging establishment shall implement:
113	113	8 (1) procedures for the reporting of suspected human
114	114	9 trafficking to the National Human Trafficking Hotline or to
115	115	10 a local law enforcement agency; and
116	116	11 (2) a human trafficking prevention policy that applies to all
117	117	12 employees of the public lodging establishment.
118	118	13 Sec. 8. (a) An owner, operator, or employee of a public lodging
119	119	14 establishment that complies in good faith with this chapter is not
120	120	15 liable for an act or omission arising out of or related to human
121	121	16 trafficking committed by a third party unless the owner, operator,
122	122	17 or employee of the public lodging establishment knowingly and
123	123	18 willfully assists in the commission of human trafficking.
124	124	19 (b) This section does not grant immunity from civil liability to
125	125	20 a person who commits an act or omission that constitutes gross
126	126	21 negligence or willful and wanton misconduct.
127	127	22 Sec. 9. (a) The department shall:
128	128	23 (1) maintain a list of public lodging establishments that are
129	129	24 not in compliance with this chapter; and
130	130	25 (2) make the list available to other state agencies.
131	131	26 (b) The department shall allow not more than ninety (90) days
132	132	27 for an owner or operator of a public lodging establishment to cure
133	133	28 a violation of this chapter before placing the public lodging
134	134	29 establishment on the list described in subsection (a).
135	135	30 Sec. 10. To the extent practicable, a state agency shall ensure
136	136	31 that a commercial lodging room night for an employee of the state
137	137	32 agency when engaged in the performance of state business is
138	138	33 booked in a public lodging establishment that is not on the list
139	139	34 described in section 9(a) of this chapter.
140	140	35 Sec. 11. (a) The department shall adopt rules under IC 4-22-2 to
141	141	36 implement this chapter.
142	142	37 (b) The rules adopted under this section must include a schedule
143	143	38 of fines for an owner or operator of a public lodging establishment
144	144	39 that violates this chapter.
145	145	40 Sec. 12. A fine collected under this chapter must be deposited in
146	146	41 the state general fund.
147	147	42 SECTION 2. IC 34-30-2.1-127.3 IS ADDED TO THE INDIANA
148	148	2024 IN 1178—LS 6857/DI 141 4
149	149	1 CODE AS A NEW SECTION TO READ AS FOLLOWS
150	150	2 [EFFECTIVE UPON PASSAGE]: Sec. 127.3. IC 10-19-14-8
151	151	3 (Concerning an owner, operator, or employee of a public lodging
152	152	4 establishment).
153	153	5 SECTION 3. An emergency is declared for this act.
154	154	2024 IN 1178—LS 6857/DI 141