MD
Maryland Senate Bill SB91

Maryland 2022 Regular Session

Maryland Senate Bill SB91 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 488
21
3-– 1 –
4-Chapter 488
5-(Senate Bill 91)
62
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+ *sb0091*
89
9-Business Regulation – Innkeepers – Maintenance of Guest Records and
10-Employee Human Trafficking Awareness Training and Policy
10+SENATE BILL 91
11+C2, E4 2lr0408
12+ (PRE–FILED)
13+By: Senator Jackson
14+Requested: August 26, 2021
15+Introduced and read first time: January 12, 2022
16+Assigned to: Finance
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: February 21, 2022
1120
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.
21+CHAPTER ______
1922
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)
23+AN ACT concerning 1
2524
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)
25+Business Regulation – Innkeepers – Maintenance of Guest Records and 2
26+Employee Human Trafficking Awareness Training and Policy 3
3127
32- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33-That the Laws of Maryland read as follows:
28+FOR the purpose of requiring innkeepers to establish and maintain a certain 4
29+record–keeping system for guest transactions and receipts; requiring the Governor’s 5
30+Office of Crime Prevention, Youth, and Victim Services and the Maryland 6
31+Department of Labor to approve certain training programs regarding human 7
32+trafficking; requiring innkeepers to take certain actions to provide employees with 8
33+training on the prevention, identification, and reporting of human trafficking; and 9
34+generally relating to innkeepers and human trafficking. 10
3435
35-Article – Business Regulation
36+BY repealing and reenacting, without amendments, 11
37+ Article – Business Regulation 12
38+ Section 15–201 13
39+ Annotated Code of Maryland 14
40+ (2015 Replacement Volume and 2021 Supplement) 15
3641
37-15–201.
42+BY adding to 16
43+ Article – Business Regulation 17
44+ Section 15–209 and 15–210 18
45+ Annotated Code of Maryland 19
46+ (2015 Replacement Volume and 2021 Supplement) 20
47+ 2 SENATE BILL 91
3848
39- (a) In this subtitle the following words have the meanings indicated.
4049
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.
50+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51+That the Laws of Maryland read as follows: 2
4452
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.
53+Article – Business Regulation 3
4854
49-15–209. Ch. 488 2022 LAWS OF MARYLAND
55+15–201. 4
5056
51-– 2 –
57+ (a) In this subtitle the following words have the meanings indicated. 5
5258
53- (A) AN INNKEEPER SHALL ES TABLISH AND MAINTAIN A COMPUTERIZED
54-RECORD–KEEPING SYSTEM OF AL L GUEST TRANSACTIONS AND RECEIPTS.
59+ (b) “Innkeeper” means the owner, operator, manager, or keeper of a lodging 6
60+establishment, or the agent of an owner, operator, manager, or keeper of a lodging 7
61+establishment. 8
5562
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.
63+ (c) “Lodging establishment” means an inn, hotel, motel, or other establishment 9
64+that has at least four rooms available for a fee to transient guests for lodging or sleeping 10
65+purposes. 11
5966
60-15–210.
67+15–209. 12
6168
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 .
69+ (A) AN INNKEEPER SHALL ES TABLISH AND MAINTAIN A COMPUTERIZED 13
70+RECORD–KEEPING SYSTEM OF AL L GUEST TRANSACTIONS AND RECEIPTS. 14
6671
67- (2) A TRAINING PROGRAM APP ROVED UNDER THIS SUB SECTION
68-MUST INCLUDE A VIDEO PRESENT ATION THAT:
72+ (B) A RECORD MAINTAINED IN ACCORDANCE WITH THIS SECTION SHALL BE 15
73+RETAINED BY THE INNK EEPER FOR NOT LESS T HAN 6 MONTHS AFTER THE DAT E OF 16
74+THE CREATION OF THE RECORD. 17
6975
70- (I) DEFINES:
76+15–210. 18
7177
72- 1. EXPLOITATION OF A CH ILD; AND
78+ (A) (1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 19
79+VICTIM SERVICES AND THE DEPARTMENT SHALL APPR OVE EDUCATIONAL 20
80+TRAINING PROGRAMS FO R THE ACCURATE AND P ROMPT IDENTIFICATION AND 21
81+REPORTING OF SUSPECT ED HUMAN TRAFFICKING . 22
7382
74- 2. HUMAN TRAFFICKING ; AND
83+ (2) A TRAINING PROGRAM APP ROVED UNDER THI S SUBSECTION 23
84+MUST INCLUDE A VIDEO PRESENTATION THAT : 24
7585
76- (II) OFFERS GUIDANCE TO E MPLOYEES OF INNKEEPE RS ON:
86+ (I) DEFINES: 25
7787
78- 1. RECOGNIZING POTENTIA L VICTIMS OF HUMAN
79-TRAFFICKING ;
88+ 1. EXPLOITATION OF A CH ILD; AND 26
8089
81- 2. THE DIFFERENCES BETWEEN LABOR AND SE X
82-TRAFFICKING THAT ARE SPECIFIC TO THE HOTE L INDUSTRY;
90+ 2. HUMAN TRAFFICKING ; AND 27
8391
84- 3. ACTIVITIES COMMONLY ASSOCIATED WITH HUMA N
85-TRAFFICKING ; AND
92+ (II) OFFERS GUIDANCE TO E MPLOYEES OF INNKEEPE RS ON: 28
93+ SENATE BILL 91 3
8694
87- 4. THE ROLE OF EMPLOYEE S IN REPORTING AND
88-RESPONDING TO HUMAN TRAFFICKING .
8995
90- (B) (1) AN INNKEEPER SHALL PR OVIDE A NEW EMPLOYEE OF 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. 488
96+ 1. RECOGNIZING POTENTIA L VICTIMS OF HUMAN 1
97+TRAFFICKING; 2
9598
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.
99+ 2. THE DIFFERENCES BETW EEN LABOR AND SEX 3
100+TRAFFICKING THAT ARE SPECIFIC TO THE HOTE L INDUSTRY; 4
102101
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.
102+ 3. ACTIVITIES COMMONLY ASSOCIATED WITH HUMA N 5
103+TRAFFICKING; AND 6
106104
107- (C) AN INNKEEPER SHALL :
105+ 4. THE ROLE OF EMPLOYEE S IN REPORTING AND 7
106+RESPONDING TO HUMAN TRAFFICKING. 8
108107
109- (1) ESTABLISH A PROCEDUR E FOR REPORTING POTE NTIAL
110-INSTANCES OF HUMAN T RAFFICKING BY:
108+ (B) (1) AN INNKEEPER SHALL PR OVIDE A NEW EMPLOYEE OF THE 9
109+LODGING ESTABLISHMEN T WITH THE ANNUAL TR AINING DESCRIBED IN 10
110+SUBSECTION (A) OF THIS SECTION WITH IN 45 90 DAYS AFTER THE DATE THE 11
111+EMPLOYEE IS HIRED . 12
111112
112- (I) AN EMPLOYEE TO THE I NNKEEPER ; AND
113+ (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 13
114+PARAGRAPH, ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1 14
115+THEREAFTER , AN INNKEEPER SHALL C ERTIFY TO THE DEPARTMENT THAT ALL 15
116+EMPLOYEES OF THE LOD GING ESTABLISHMENT H AVE RECEIVED THE ANN UAL 16
117+TRAINING PRESCRIBED BY THIS SECTION. 17
113118
114- (II) THE INNKEEPER TO THE GOVERNOR’S OFFICE OF CRIME
115-PREVENTION, YOUTH, AND VICTIM SERVICES:
119+ (II) THE REQUIREMENT UNDER THIS PARAGRAPH DOES NOT 18
120+APPLY TO AN EMPLOYEE FOR WHOM FEWER THAN 45 90 DAYS HAVE ELAPSED SI NCE 19
121+THE DATE THE EMPLOYE E WAS HIRED. 20
116122
117- 1. LAW ENFORCEMENT ; OR
123+ (C) AN INNKEEPER SHALL : 21
118124
119- 2. THE NATIONAL HUMAN TRAFFICKING RESOURCE
120-CENTER HOTLINE;
125+ (1) ESTABLISH A PROCEDUR E FOR REPORTING POTE NTIAL 22
126+INSTANCES OF HUMAN T RAFFICKING BY: 23
121127
122- (2) DEVELOP AND IMPLEMENT A HUMAN TR AFFICKING PREVENTION
123-POLICY FOR THE INNKE EPER’S EMPLOYEES THAT INC LUDES HOW TO :
128+ (I) AN EMPLOYEE TO THE INNKEE PER; AND 24
124129
125- (I) RECOGNIZE POTENTIAL VICTIMS OF HUMAN TRA FFICKING;
130+ (II) THE INNKEEPER TO THE GOVERNOR’S OFFICE OF CRIME 25
131+PREVENTION, YOUTH, AND VICTIM SERVICES: 26
126132
127- (II) RESPOND TO AN INDIVI DUAL WHO MAY BE OR I S A VICTIM OF
128-HUMAN TRAFFICKING ; AND
133+ 1. LAW ENFORCEMENT ; OR 27
129134
130- (III) CONNECT AN INDIVIDUA L WHO MAY BE OR IS A VICTIM OF
131-HUMAN TRAFFICKING WI TH ANY AVAILABLE RES OURCES; AND
135+ 2. THE NATIONAL HUMAN TRAFFICKING RESOURCE 28
136+CENTER HOTLINE; 29
132137
133- (3) POST PROMINENTLY THE SIGN DEVELOPED BY TH E DEPARTMENT
134-UNDER § 15–207 OF THIS SUBTITLE IN A LOCATION CONSPICUO US TO THE
135-INNKEEPER’S EMPLOYEES .
138+ (2) DEVELOP AND IMPLEMENT A HUMAN TR AFFICKING PREVENTION 30
139+POLICY FOR THE INNKE EPER’S EMPLOYEES THAT INC LUDES HOW TO : 31 4 SENATE BILL 91
136140
137- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
138-October 1, 2022.
139141
140-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
142+
143+ (I) RECOGNIZE POTENTIAL VICTIMS OF HUMAN TRA FFICKING; 1
144+
145+ (II) RESPOND TO AN INDIVI DUAL WHO MAY BE OR I S A VICTIM OF 2
146+HUMAN TRAFFICKING ; AND 3
147+
148+ (III) CONNECT AN INDIVIDUAL WHO MAY BE OR IS A V ICTIM OF 4
149+HUMAN TRAFFICKING WI TH ANY AVAILABLE RES OURCES; AND 5
150+
151+ (3) POST PROMINENTLY THE SIGN DEVELOPED BY TH E DEPARTMENT 6
152+UNDER § 15–207 OF THIS SUBTITLE IN A LOCATION CONSPICUO US TO THE 7
153+INNKEEPER’S EMPLOYEES. 8
154+
155+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
156+October 1, 2022. 10
157+
158+
159+
160+
161+
162+Approved:
163+________________________________________________________________________________
164+ Governor.
165+________________________________________________________________________________
166+ President of the Senate.
167+________________________________________________________________________________
168+ Speaker of the House of Delegates.