Maryland 2022 2022 Regular Session

Maryland Senate Bill SB91 Chaptered / Bill

Filed 06/07/2022

                     LAWRENCE J. HOGAN, JR., Governor Ch. 488 
 
– 1 – 
Chapter 488 
(Senate Bill 91) 
 
AN ACT concerning 
 
Business Regulation – Innkeepers – Maintenance of Guest Records and 
Employee Human Trafficking Awareness Training and Policy 
 
FOR the purpose of requiring innkeepers to establish and maintain a certain 
record–keeping system for guest transactions and receipts; requiring the Governor’s 
Office of Crime Prevention, Youth, and Victim Services and the Maryland 
Department of Labor to approve certain training programs regarding human 
trafficking; requiring innkeepers to take certain actions to provide employees with 
training on the prevention, identification, and reporting of human trafficking; and 
generally relating to innkeepers and human trafficking. 
 
BY repealing and reenacting, without amendments, 
 Article – Business Regulation 
 Section 15–201  
 Annotated Code of Maryland 
 (2015 Replacement Volume and 2021 Supplement) 
 
BY adding to 
 Article – Business Regulation 
 Section 15–209 and 15–210 
 Annotated Code of Maryland 
 (2015 Replacement Volume and 2021 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Business Regulation 
 
15–201. 
 
 (a) In this subtitle the following words have the meanings indicated. 
 
 (b) “Innkeeper” means the owner, operator, manager, or keeper of a lodging 
establishment, or the agent of an owner, operator, manager, or keeper of a lodging 
establishment. 
 
 (c) “Lodging establishment” means an inn, hotel, motel, or other establishment 
that has at least four rooms available for a fee to transient guests for lodging or sleeping 
purposes. 
 
15–209.  Ch. 488 	2022 LAWS OF MARYLAND  
 
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 (A) AN INNKEEPER SHALL ES TABLISH AND MAINTAIN A COMPUTERIZED 
RECORD–KEEPING SYSTEM OF AL L GUEST TRANSACTIONS AND RECEIPTS. 
 
 (B) A RECORD MAINTAINED IN ACCORDANCE WITH THIS SECTION SHALL BE 
RETAINED BY THE INNK EEPER FOR NOT LESS T HAN 6 MONTHS AFTER THE DAT E OF 
THE CREATION OF THE RECORD. 
 
15–210. 
 
 (A) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 
VICTIM SERVICES AND THE DEPARTMENT SHALL APPR OVE EDUCATIONAL 
TRAINING PROGRAMS FO R THE ACCURATE AND P ROMPT IDENTIFICATION AND 
REPORTING OF SUSPECT ED HUMAN TRAFFICKING . 
 
 (2) A TRAINING PROGRAM APP ROVED UNDER THIS SUB SECTION 
MUST INCLUDE A VIDEO PRESENT ATION THAT: 
 
 (I) DEFINES: 
 
 1. EXPLOITATION OF A CH ILD; AND 
 
 2. HUMAN TRAFFICKING ; AND 
 
 (II) OFFERS GUIDANCE TO E MPLOYEES OF INNKEEPE RS ON: 
 
 1. RECOGNIZING POTENTIA L VICTIMS OF HUMAN 
TRAFFICKING ; 
 
 2. THE DIFFERENCES BETWEEN LABOR AND SE X 
TRAFFICKING THAT ARE SPECIFIC TO THE HOTE L INDUSTRY; 
 
 3. ACTIVITIES COMMONLY ASSOCIATED WITH HUMA N 
TRAFFICKING ; AND 
 
 4. THE ROLE OF EMPLOYEE S IN REPORTING AND 
RESPONDING TO HUMAN TRAFFICKING . 
 
 (B) (1) AN INNKEEPER SHALL PR OVIDE A NEW EMPLOYEE OF THE 
LODGING ESTABLISHMEN T WITH THE ANNUAL TR AINING DESCRIBED IN 
SUBSECTION (A) OF THIS SECTION WITH IN 45 90 DAYS AFTER THE DATE THE 
EMPLOYEE IS HIRED . 
   LAWRENCE J. HOGAN, JR., Governor Ch. 488 
 
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 (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 
PARAGRAPH, ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1 
THEREAFTER , AN INNKEEPER SHALL C ERTIFY TO THE DEPARTMENT THAT ALL 
EMPLOYEES OF THE LOD GING ESTABLISHMENT H AVE RECEIVED THE ANN UAL 
TRAINING PRESCRIBED BY THIS SECTION. 
 
 (II) THE REQUIREMENT UNDER THIS PARAGRAPH DOES NOT 
APPLY TO AN EMPLOYEE FOR WHOM FEWER THAN 45 90 DAYS HAVE ELAPSED SI NCE 
THE DATE THE EMPLOYE E WAS HIRED. 
 
 (C) AN INNKEEPER SHALL : 
 
 (1) ESTABLISH A PROCEDUR E FOR REPORTING POTE NTIAL 
INSTANCES OF HUMAN T RAFFICKING BY: 
 
 (I) AN EMPLOYEE TO THE I NNKEEPER ; AND 
 
 (II) THE INNKEEPER TO THE GOVERNOR’S OFFICE OF CRIME 
PREVENTION, YOUTH, AND VICTIM SERVICES: 
 
 1. LAW ENFORCEMENT ; OR 
 
 2. THE NATIONAL HUMAN TRAFFICKING RESOURCE 
CENTER HOTLINE; 
 
 (2) DEVELOP AND IMPLEMENT A HUMAN TR AFFICKING PREVENTION 
POLICY FOR THE INNKE EPER’S EMPLOYEES THAT INC LUDES HOW TO : 
 
 (I) RECOGNIZE POTENTIAL VICTIMS OF HUMAN TRA FFICKING; 
 
 (II) RESPOND TO AN INDIVI DUAL WHO MAY BE OR I S A VICTIM OF 
HUMAN TRAFFICKING ; AND 
 
 (III) CONNECT AN INDIVIDUA L WHO MAY BE OR IS A VICTIM OF 
HUMAN TRAFFICKING WI TH ANY AVAILABLE RES OURCES; AND 
 
 (3) POST PROMINENTLY THE SIGN DEVELOPED BY TH E DEPARTMENT 
UNDER § 15–207 OF THIS SUBTITLE IN A LOCATION CONSPICUO US TO THE 
INNKEEPER’S EMPLOYEES . 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 
October 1, 2022. 
 
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.