Maryland 2022 2022 Regular Session

Maryland Senate Bill SB91 Engrossed / Bill

Filed 03/01/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *sb0091*  
  
SENATE BILL 91 
C2, E4   	2lr0408 
  	(PRE–FILED)   
By: Senator Jackson 
Requested: August 26, 2021 
Introduced and read first time: January 12, 2022 
Assigned to: Finance 
Committee Report: Favorable with amendments 
Senate action: Adopted 
Read second time: February 21, 2022 
 
CHAPTER ______ 
 
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 
  2 	SENATE BILL 91  
 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 
That the Laws of Maryland read as follows: 2 
 
Article – Business Regulation 3 
 
15–201. 4 
 
 (a) In this subtitle the following words have the meanings indicated. 5 
 
 (b) “Innkeeper” means the owner, operator, manager, or keeper of a lodging 6 
establishment, or the agent of an owner, operator, manager, or keeper of a lodging 7 
establishment. 8 
 
 (c) “Lodging establishment” means an inn, hotel, motel, or other establishment 9 
that has at least four rooms available for a fee to transient guests for lodging or sleeping 10 
purposes. 11 
 
15–209. 12 
 
 (A) AN INNKEEPER SHALL ES TABLISH AND MAINTAIN A COMPUTERIZED 13 
RECORD–KEEPING SYSTEM OF AL L GUEST TRANSACTIONS AND RECEIPTS. 14 
 
 (B) A RECORD MAINTAINED IN ACCORDANCE WITH THIS SECTION SHALL BE 15 
RETAINED BY THE INNK EEPER FOR NOT LESS T HAN 6 MONTHS AFTER THE DAT E OF 16 
THE CREATION OF THE RECORD. 17 
 
15–210. 18 
 
 (A) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 19 
VICTIM SERVICES AND THE DEPARTMENT SHALL APPR OVE EDUCATIONAL 20 
TRAINING PROGRAMS FO R THE ACCURATE AND P ROMPT IDENTIFICATION AND 21 
REPORTING OF SUSPECT ED HUMAN TRAFFICKING . 22 
 
 (2) A TRAINING PROGRAM APP ROVED UNDER THI S SUBSECTION 23 
MUST INCLUDE A VIDEO PRESENTATION THAT : 24 
 
 (I) DEFINES: 25 
 
 1. EXPLOITATION OF A CH ILD; AND 26 
 
 2. HUMAN TRAFFICKING ; AND 27 
 
 (II) OFFERS GUIDANCE TO E MPLOYEES OF INNKEEPE RS ON: 28 
   	SENATE BILL 91 	3 
 
 
 1. RECOGNIZING POTENTIA L VICTIMS OF HUMAN 1 
TRAFFICKING; 2 
 
 2. THE DIFFERENCES BETW EEN LABOR AND SEX 3 
TRAFFICKING THAT ARE SPECIFIC TO THE HOTE L INDUSTRY; 4 
 
 3. ACTIVITIES COMMONLY ASSOCIATED WITH HUMA N 5 
TRAFFICKING; AND 6 
 
 4. THE ROLE OF EMPLOYEE S IN REPORTING AND 7 
RESPONDING TO HUMAN TRAFFICKING. 8 
 
 (B) (1) AN INNKEEPER SHALL PR OVIDE A NEW EMPLOYEE OF THE 9 
LODGING ESTABLISHMEN T WITH THE ANNUAL TR	AINING DESCRIBED IN 10 
SUBSECTION (A) OF THIS SECTION WITH IN 45 90 DAYS AFTER THE DATE THE 11 
EMPLOYEE IS HIRED . 12 
 
 (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 13 
PARAGRAPH, ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1 14 
THEREAFTER , AN INNKEEPER SHALL C ERTIFY TO THE DEPARTMENT THAT ALL 15 
EMPLOYEES OF THE LOD GING ESTABLISHMENT H AVE RECEIVED THE ANN UAL 16 
TRAINING PRESCRIBED BY THIS SECTION. 17 
 
 (II) THE REQUIREMENT UNDER THIS PARAGRAPH DOES NOT 18 
APPLY TO AN EMPLOYEE FOR WHOM FEWER THAN 45 90 DAYS HAVE ELAPSED SI NCE 19 
THE DATE THE EMPLOYE E WAS HIRED. 20 
 
 (C) AN INNKEEPER SHALL : 21 
 
 (1) ESTABLISH A PROCEDUR E FOR REPORTING POTE	NTIAL 22 
INSTANCES OF HUMAN T RAFFICKING BY: 23 
 
 (I) AN EMPLOYEE TO THE INNKEE PER; AND 24 
 
 (II) THE INNKEEPER TO THE GOVERNOR’S OFFICE OF CRIME 25 
PREVENTION, YOUTH, AND VICTIM SERVICES: 26 
 
 1. LAW ENFORCEMENT ; OR 27 
 
 2. THE NATIONAL HUMAN TRAFFICKING RESOURCE 28 
CENTER HOTLINE; 29 
 
 (2) DEVELOP AND IMPLEMENT A HUMAN TR AFFICKING PREVENTION 30 
POLICY FOR THE INNKE EPER’S EMPLOYEES THAT INC LUDES HOW TO : 31  4 	SENATE BILL 91  
 
 
 
 (I) RECOGNIZE POTENTIAL VICTIMS OF HUMAN TRA FFICKING; 1 
 
 (II) RESPOND TO AN INDIVI DUAL WHO MAY BE OR I S A VICTIM OF 2 
HUMAN TRAFFICKING ; AND 3 
 
 (III) CONNECT AN INDIVIDUAL WHO MAY BE OR IS A V ICTIM OF 4 
HUMAN TRAFFICKING WI TH ANY AVAILABLE RES OURCES; AND 5 
 
 (3) POST PROMINENTLY THE SIGN DEVELOPED BY TH E DEPARTMENT 6 
UNDER § 15–207 OF THIS SUBTITLE IN A LOCATION CONSPICUO US TO THE 7 
INNKEEPER’S EMPLOYEES. 8 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9 
October 1, 2022. 10 
 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.