EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb0270* HOUSE BILL 270 C2, E4 2lr1400 HB 338/21 – ECM By: Delegates Ebersole, Palakovich Carr, Patterson, and Ruth Introduced and read first time: January 13, 2022 Assigned to: Economic Matters A BILL ENTITLED AN ACT concerning 1 Business Regulation – Innkeepers – Maintenance of Guest Records and 2 Employee Human Trafficking Awareness Training and Policy 3 FOR the purpose of requiring innkeepers to establish and maintain a certain 4 record–keeping system for guest transactions and receipts; requiring the Governor’s 5 Office of Crime Prevention, Youth, and Victim Services and the Maryland 6 Department of Labor to approve certain training programs regarding human 7 trafficking; requiring innkeepers to take certain actions to provide employees with 8 training on the prevention, identification, and reporting of human trafficking; and 9 generally relating to innkeepers and human trafficking. 10 BY repealing and reenacting, without amendments, 11 Article – Business Regulation 12 Section 15–201 13 Annotated Code of Maryland 14 (2015 Replacement Volume and 2021 Supplement) 15 BY adding to 16 Article – Business Regulation 17 Section 15–209 and 15–210 18 Annotated Code of Maryland 19 (2015 Replacement Volume and 2021 Supplement) 20 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 That the Laws of Maryland read as follows: 22 Article – Business Regulation 23 15–201. 24 (a) In this subtitle the following words have the meanings indicated. 25 2 HOUSE BILL 270 (b) “Innkeeper” means the owner, operator, manager, or keeper of a lodging 1 establishment, or the agent of an owner, operator, manager, or keeper of a lodging 2 establishment. 3 (c) “Lodging establishment” means an inn, hotel, motel, or other establishment 4 that has at least four rooms available for a fee to transient guests for lodging or sleeping 5 purposes. 6 15–209. 7 (A) AN INNKEEPER SHALL ES TABLISH AND MAINTAIN A COMPUTERIZED 8 RECORD–KEEPING SYSTEM OF AL L GUEST TRANSACTIONS AND RECEIPTS. 9 (B) A RECORD MAINTAINED IN ACCORDANCE WITH THIS SECTION SHALL BE 10 RETAINED BY THE INNK EEPER FOR NOT LESS T HAN 6 MONTHS AFTER THE DAT E OF 11 THE CREATION OF THE RECORD. 12 15–210. 13 (A) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 14 VICTIM SERVICES AND THE DEPARTMENT SHALL APPR OVE EDUCATIONAL 15 TRAINING PROGRAMS FO R THE ACCURATE AND P ROMPT IDENTIFICATION AND 16 REPORTING OF SUSPECT ED HUMAN TRAFFICKING . 17 (2) A TRAINING PROGRAM APP ROVED UNDER THIS SUB SECTION 18 MUST INCLUDE A VIDEO PRESENT ATION THAT: 19 (I) DEFINES: 20 1. EXPLOITATION OF A CH ILD; AND 21 2. HUMAN TRAFFICKING ; AND 22 (II) OFFERS GUIDANCE TO E MPLOYEES OF INNKEEPE RS ON: 23 1. RECOGNIZING POTENTIA L VICTIMS OF HUMAN 24 TRAFFICKING; 25 2. THE DIFFERENCES BETWEEN LABOR AND SE X 26 TRAFFICKING THAT ARE SPECIFIC TO THE HOTE L INDUSTRY; 27 3. ACTIVITIES COMMONLY ASSOCIATED WITH HUMA N 28 TRAFFICKING; AND 29 HOUSE BILL 270 3 4. THE ROLE OF EMPLOYEE S IN REPORTING AND 1 RESPONDING TO HUMAN TRAFFICKING. 2 (B) (1) AN INNKEEPER SHALL PR OVIDE A NEW EMPLOYEE O F THE 3 LODGING ESTABLISHMEN T WITH THE ANNUAL TR AINING DESCRIBED IN 4 SUBSECTION (A) OF THIS SECTION WITH IN 45 DAYS AFTER THE DATE THE EMPLOYEE 5 IS HIRED. 6 (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 7 PARAGRAPH , ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1 8 THEREAFTER , AN INNKEEPER SHALL C ERTIFY TO THE DEPARTMENT THAT ALL 9 EMPLOYEES OF THE LOD GING ESTABLISHMENT H AVE RECEIVED THE ANN UAL 10 TRAINING PRESCRIBED BY THIS SECTION. 11 (II) THE REQUIREMENT UNDER THIS PARAGRAPH DOES NOT 12 APPLY TO AN EMPLOYEE FOR WHOM FEWER THAN 45 DAYS HAVE ELAPSED SI NCE 13 THE DATE THE EMPLOYE E WAS HIRED. 14 (C) AN INNKEEPER SHALL : 15 (1) ESTABLISH A PROCEDUR E FOR REPORTING POTE NTIAL 16 INSTANCES OF HUMAN T RAFFICKING BY: 17 (I) AN EMPLOYEE TO THE I NNKEEPER; OR 18 (II) THE INNKEEPER TO THE GOVERNOR’S OFFICE OF CRIME 19 PREVENTION, YOUTH, AND VICTIM SERVICES; 20 (2) DEVELOP AND IMPLEMEN T A HUMAN TRAFFICKIN G PREVENTION 21 POLICY FOR THE INNKE EPER’S EMPLOYEES THAT INC LUDES HOW TO : 22 (I) RECOGNIZE POTENTIAL VICTIMS OF HUMAN TRAFFICKING ; 23 (II) RESPOND TO AN INDIVI DUAL WHO MAY BE OR I S A VICTIM OF 24 HUMAN TRAFFICKING ; AND 25 (III) CONNECT AN INDIVIDUA L WHO MAY BE OR IS A VICTIM OF 26 HUMAN TRAFFICKING WI TH ANY AVAILABLE RES OURCES; AND 27 (3) POST PROMINENTLY THE SIGN DEVELO PED BY THE DEPARTMENT 28 UNDER § 15–207 OF THIS SUBTITLE IN A LOCATION CONSPICUO US TO THE 29 INNKEEPER’S EMPLOYEES. 30 4 HOUSE BILL 270 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 October 1, 2022. 2