Maryland 2022 Regular Session

Maryland House Bill HB270 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 487
2	1
3		-	– 1 –
4		-	Chapter 487
5		-	(House Bill 270)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb0270
8	10
9		-	Business Regulation – Innkeepers – Maintenance of Guest Records and
10		-	Employee Human Trafficking Awareness Training and Policy
	11	+	HOUSE BILL 270
	12	+	C2, E4 (2lr1400)
	13	+	ENROLLED BILL
	14	+	— Economic Matters/Finance —
	15	+	Introduced by Delegates Ebersole, Palakovich Carr, Patterson, and Ruth
11	16
12		-	FOR the purpose of requiring innkeepers to establish and maintain a certain
13		-	record–keeping system for guest transactions and receipts; requiring the Governor’s
14		-	Office of Crime Prevention, Youth, and Victim Services and the Maryland
15		-	Department of Labor to approve certain training programs regarding human
16		-	trafficking; requiring innkeepers to take certain actions to provide employees with
17		-	training on the prevention, identification, and reporting of human trafficking; and
18		-	generally relating to innkeepers and human trafficking.
	17	+	Read and Examined by Proofreaders:
19	18
20		-	BY repealing and reenacting, without amendments,
21		-	Article – Business Regulation
22		-	Section 15–201
23		-	Annotated Code of Maryland
24		-	(2015 Replacement Volume and 2021 Supplement)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
25	23
26		-	BY adding to
27		-	Article – Business Regulation
28		-	Section 15–209 and 15–210
29		-	Annotated Code of Maryland
30		-	(2015 Replacement Volume and 2021 Supplement)
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
31	25
32		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33		-	That the Laws of Maryland read as follows:
	26	+	_______ day of _______________ at ________________________ o’clock, ________M.
34	27
35		-	Article – Business Regulation
	28	+	______________________________________________
	29	+	Speaker.
36	30
37		-	~~15–201.~~
	31	+	CHAPTER ______
38	32
39		-	~~(a) In this subtitle the following words have the meanings indicated.~~
	33	+	AN ACT concerning 1
40	34
41		-	(b) “Innkeeper” means the owner, operator, manager, or keeper of a lodging
42		-	establishment, or the agent of an owner, operator, manager, or keeper of a lodging
43		-	establishment.
	35	+	Business Regulation – Innkeepers – Maintenance of Guest Records and 2
	36	+	Employee Human Trafficking Awareness Training and Policy 3
44	37
45		-	(c) “Lodging establishment” means an inn, hotel, motel, or other establishment
46		-	that has at least four rooms available for a fee to transient guests for lodging or sleeping
47		-	purposes.
	38	+	FOR the purpose of requiring innkeepers to establish and maintain a certain 4
	39	+	record–keeping system for guest transactions and receipts; requiring the Governor’s 5
	40	+	Office of Crime Prevention, Youth, and Victim Services and the Maryland 6
	41	+	Department of Labor to approve certain training programs regarding human 7
	42	+	trafficking; requiring innkeepers to take certain actions to provide employees with 8
	43	+	training on the prevention, identification, and reporting of human trafficking; and 9
	44	+	generally relating to innkeepers and human trafficking. 10
48	45
49		-	15–209. Ch. 487 2022 LAWS OF MARYLAND
	46	+	BY repealing and reenacting, without amendments, 11
	47	+	Article – Business Regulation 12
	48	+	Section 15–201 13
	49	+	Annotated Code of Maryland 14 2 HOUSE BILL 270
50	50
51		-	– 2 –
52	51
53		-	(A) AN INNKEEPER SHALL ES TABLISH AND MAINTAIN A COMPUTERIZED
54		-	RECORD–KEEPING SYSTEM OF AL L GUEST TRANSACTIONS AND RECEIPTS.
	52	+	(2015 Replacement Volume and 2021 Supplement) 1
55	53
56		-	(B) A RECORD MAINTAINED IN ACCORDANCE WITH THIS SECTION SHALL BE
57		-	RETAINED BY THE INNK EEPER FOR NOT LESS T HAN 6 MONTHS AFTER THE DAT E OF
58		-	THE CREATION OF THE RECORD.
	54	+	BY adding to 2
	55	+	Article – Business Regulation 3
	56	+	Section 15–209 and 15–210 4
	57	+	Annotated Code of Maryland 5
	58	+	(2015 Replacement Volume and 2021 Supplement) 6
59	59
60		-	15–210.
	60	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
	61	+	That the Laws of Maryland read as follows: 8
61	62
62		-	(A) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
63		-	VICTIM SERVICES AND THE DEPARTMENT SHALL APPR OVE EDUCATIONAL
64		-	TRAINING PROGRAMS FO R THE ACCURATE AND P ROMPT IDENTIFICATION AND
65		-	REPORTING OF SUSPECT ED HUMAN TRAFFICKING .
	63	+	Article – Business Regulation 9
66	64
67		-	(2) A TRAINING PROGRAM APP ROVED UNDER THIS SUB SECTION
68		-	MUST INCLUDE A VIDEO PRESENT ATION THAT:
	65	+	15–201. 10
69	66
70		-	(I) ~~DEFINES:~~
	67	+	(a) In this subtitle the following words have the meanings indicated. 11
71	68
72		-	1. EXPLOITATION OF A CH ILD; AND
	69	+	(b) “Innkeeper” means the owner, operator, manager, or keeper of a lodging 12
	70	+	establishment, or the agent of an owner, operator, manager, or keeper of a lodging 13
	71	+	establishment. 14
73	72
74		-	2. HUMAN TRAFFICKING ; AND
	73	+	(c) “Lodging establishment” means an inn, hotel, motel, or other establishment 15
	74	+	that has at least four rooms available for a fee to transient guests for lodging or sleeping 16
	75	+	purposes. 17
75	76
76		-	~~(II) OFFERS GUIDANCE TO E MPLOYEES OF INNKEEPE RS ON:~~
	77	+	15–209. 18
77	78
78		-	~~1. RECOGNIZING POTENTIA L VICTIMS OF HUMAN~~
79		-	~~TRAFFICKING;~~
	79	+	(A) AN INNKEEPER SHALL ES TABLISH AND MAINTAIN A COMPUTERIZED 19
	80	+	RECORD–KEEPING SYSTEM OF AL L GUEST TRANSACTIONS AND RECEIPTS. 20
80	81
81		-	2. THE DIFFERENCES BETWEEN LABOR AND SE X
82		-	TRAFFICKING THAT ARE SPECIFIC TO THE HOTE L INDUSTRY;
	82	+	(B) A RECORD MAINTAINED IN ACCORDANCE WITH THIS SECTION SHALL BE 21
	83	+	RETAINED BY THE INNK EEPER FOR NOT LESS T HAN 6 MONTHS AFTER THE DAT E OF 22
	84	+	THE CREATION OF THE RECORD. 23
83	85
84		-	3. ACTIVITIES COMMONLY ASSOCIATED WITH HUMA N
85		-	TRAFFICKING; AND
	86	+	15–210. 24
86	87
87		-	4. THE ROLE OF EMPLOYEE S IN REPORTING AND
88		-	RESPONDING TO HUMAN TRAFFICKING.
	88	+	(A) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 25
	89	+	VICTIM SERVICES AND THE DEPARTMENT SHALL APPR OVE EDUCATIONAL 26
	90	+	TRAINING PROGRAMS FO R THE ACCURATE AND P ROMPT IDENTIFICATION AND 27
	91	+	REPORTING OF SUSPECT ED HUMAN TRAFFICKING . 28
89	92
90		-	(B) (1) AN INNKEEPER SHALL PR OVIDE A NEW EMPLOYEE O F THE
91		-	LODGING ESTABLISHMEN T WITH THE ANNUAL TR AINING DESCRIBED IN
92		-	SUBSECTION (A) OF THIS SECTION WITH IN 45 90 DAYS AFTER THE DATE THE
93		-	EMPLOYEE IS HIRED .
94		-	LAWRENCE J. HOGAN, JR., Governor Ch. 487
	93	+	(2) A TRAINING PROGRAM APP ROVED UNDER THIS SUBSECTION 29
	94	+	MUST INCLUDE A VIDEO PRESENTATION THAT : 30
95	95
96		-	– 3 –
97		-	(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
98		-	PARAGRAPH , ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1
99		-	THEREAFTER , AN INNKEEPER SHALL C ERTIFY TO THE DEPARTMENT THAT ALL
100		-	EMPLOYEES OF THE LOD GING ESTABLISHMENT H AVE RECEIVED THE ANN UAL
101		-	TRAINING PRESCRIBED BY THIS SECTION.
	96	+	(I) DEFINES: 31
	97	+	HOUSE BILL 270 3
102	98
103		-	(II) THE REQUIREMENT UNDER THIS PARAGRAPH DOES NOT
104		-	APPLY TO AN EMPLOYEE FOR WHOM FEWER THAN 45 90 DAYS HAVE ELAPSED SI NCE
105		-	THE DATE THE EMPLOYE E WAS HIRED.
106	99
107		-	~~(C) AN INNKEEPER SHALL :~~
	100	+	1. EXPLOITATION OF A CH ILD; AND 1
108	101
109		-	(1) ESTABLISH A PROCEDUR E FOR REPORTING POTE NTIAL
110		-	INSTANCES OF HUMAN TRAFFICKING BY :
	102	+	2. HUMAN TRAFFICKING ; AND 2
111	103
112		-	(I) ~~AN EMPLOYEE~~ TO ~~THE I NNKEEPER;~~ OR
	104	+	(II) OFFERS GUIDANCE TO E MPLOYEES OF INNKEEPE RS ON: 3
113	105
114		-	(II) THE INNKEEPER TO THE:
	106	+	1. RECOGNIZING POTENTIA L VICTIMS OF HUMAN 4
	107	+	TRAFFICKING; 5
115	108
116		-	1. LAW ENFORCEMENT ; OR
	109	+	2. THE DIFFERENCES BETW EEN LABOR AND SEX 6
	110	+	TRAFFICKING THAT ARE SPECIFIC TO THE HOTE L INDUSTRY; 7
117	111
118		-	2. ~~THE NATIONAL HUMAN TRAFFICKING RESOURCE~~
119		-	~~CENTER HOTLINE~~; AND
	112	+	3. ACTIVITIES COMMONLY ASSOCIATED WITH HUMA N 8
	113	+	TRAFFICKING; AND 9
120	114
121		-	3. THE ~~GOVERNOR’S OFFICE~~ OF ~~CRIME PREVENTION,~~
122		-	~~YOUTH, AND VICTIM SERVICES;~~
	115	+	4. THE ROLE OF EMPLOYEE S IN REPORTING AND 10
	116	+	RESPONDING TO HUMAN TRAFFICKING. 11
123	117
124		-	(2) DEVELOP AND IMPLEMENT A HUMAN TR AFFICKING PREVENTION
125		-	POLICY FOR THE INNKE EPER’S EMPLOYEES THAT INC LUDES HOW TO :
	118	+	(B) (1) AN INNKEEPER SHALL PR OVIDE A NEW EMPLOYEE OF THE 12
	119	+	LODGING ESTABLISHMEN T WITH THE ANNUAL TR AINING DESCRIBED IN 13
	120	+	SUBSECTION (A) OF THIS SECTION WITH IN 45 90 DAYS AFTER THE DATE THE 14
	121	+	EMPLOYEE IS HIRED . 15
126	122
127		-	(I) RECOGNIZE POTENTIAL VICTIMS OF HUMAN TRA FFICKING;
	123	+	(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 16
	124	+	PARAGRAPH , ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1 17
	125	+	THEREAFTER , AN INNKEEPER SHALL C ERTIFY TO THE DEPARTMENT THAT ALL 18
	126	+	EMPLOYEES OF THE LOD GING ESTABLISHMENT H AVE RECEIVED THE ANN UAL 19
	127	+	TRAINING PRESCRIBED BY THIS SECTION. 20
128	128
129		-	(II) RESPOND TO AN INDIVI DUAL WHO MAY BE OR I S A VICTIM OF
130		-	HUMAN TRAFFICKING; AND
	129	+	(II) THE REQUIREMENT UNDE R THIS PARAGRAPH DOE S NOT 21
	130	+	APPLY TO AN EMPLOYEE FOR WHOM FEWER THAN 45 90 DAYS HAVE ELAPSED SI NCE 22
	131	+	THE DATE THE EMPLOYE E WAS HIRED. 23
131	132
132		-	(III) CONNECT AN INDIVIDUA L WHO MAY BE OR IS A VICTIM OF
133		-	HUMAN TRAFFICKING WI TH ANY AVAILABLE RES OURCES; AND
	133	+	(C) AN INNKEEPER SHALL : 24
134	134
135		-	(3) POST PROMINENTLY THE SIGN DEVELOPED BY TH E DEPARTMENT
136		-	UNDER § 15–207 OF THIS SUBTITLE IN A LOCATION CONSPICUO US TO THE
137		-	INNKEEPER’S EMPLOYEES.
	135	+	(1) ESTABLISH A PROCEDUR E FOR REPORTING POTE NTIAL 25
	136	+	INSTANCES OF HUMAN T RAFFICKING BY: 26
138	137
139		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
140		-	October 1, 2022. Ch. 487 2022 LAWS OF MARYLAND
	138	+	(I) AN EMPLOYEE TO THE INNKE EPER; OR 27
141	139
142		-	~~– 4 –~~
	140	+	(II) THE INNKEEPER TO THE: 28
143	141
144		-	Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
	142	+	1. LAW ENFORCEMENT ; OR 29
	143	+	4 HOUSE BILL 270
	144	+
	145	+
	146	+	2. THE NATIONAL HUMAN TRAFFICKING RESOURCE 1
	147	+	CENTER HOTLINE; AND 2
	148	+
	149	+	3. THE GOVERNOR’S OFFICE OF CRIME PREVENTION, 3
	150	+	YOUTH, AND VICTIM SERVICES; 4
	151	+
	152	+	(2) DEVELOP AND IMPLEMENT A HUMAN TR AFFICKING PREVENTION 5
	153	+	POLICY FOR THE INNKE EPER’S EMPLOYEES THAT INC LUDES HOW TO : 6
	154	+
	155	+	(I) RECOGNIZE POTENTIAL VICTIMS OF HUMAN TRA FFICKING; 7
	156	+
	157	+	(II) RESPOND TO AN INDIVI DUAL WHO MAY BE OR I S A VICTIM OF 8
	158	+	HUMAN TRAFFICKING ; AND 9
	159	+
	160	+	(III) CONNECT AN INDIVIDUAL WHO MAY BE OR IS A V ICTIM OF 10
	161	+	HUMAN TRAFFICKING WI TH ANY AVAILABLE RES OURCES; AND 11
	162	+
	163	+	(3) POST PROMINENTLY THE SIGN DEVELOPED BY TH E DEPARTMENT 12
	164	+	UNDER § 15–207 OF THIS SUBTITLE IN A LOCATION CONSPICUO US TO THE 13
	165	+	INNKEEPER’S EMPLOYEES. 14
	166	+
	167	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
	168	+	October 1, 2022. 16
	169	+
	170	+
	171	+
	172	+
	173	+
	174	+
	175	+	Approved:
	176	+	________________________________________________________________________________
	177	+	Governor.
	178	+	________________________________________________________________________________
	179	+	Speaker of the House of Delegates.
	180	+	________________________________________________________________________________
	181	+	President of the Senate.