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.