EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0153* SENATE BILL 153 R2 4lr0788 SB 203/23 – JPR (PRE–FILED) By: Senator Jackson Requested: September 29, 2023 Introduced and read first time: January 10, 2024 Assigned to: Judicial Proceedings A BILL ENTITLED AN ACT concerning 1 Maryland Department of Transportation – Child Exploitation and Human 2 Trafficking Awareness, Training, and Response 3 FOR the purpose of requiring the Maryland Department of Transportation to develop or 4 identify and implement a certain training program for certain transportation–sector 5 employees, taxicab drivers, and transportation network operators on the 6 identification and reporting of suspected child exploitation and human trafficking 7 victims; prohibiting the Public Service Commission from issuing or renewing a 8 taxicab driver’s license or issuing a transportation network operator’s license unless 9 the applicant has completed the training program; requiring a holder of a 10 transportation network operator’s license on a certain date to complete the training 11 program by a certain date, subject to license suspension; requiring certain 12 transportation–sector employers to certify that certain employees have completed 13 the training program; requiring certain transportation–sector employers to establish 14 procedures for reporting suspected child exploitation and human trafficking to 15 certain entities and to implement a certain child exploitation and human trafficking 16 prevention policy; prohibiting certain employers, employees, taxicab drivers, or 17 transportation network operators from being held civilly or criminally liable for 18 reporting or responding to in good faith a suspected incident of child exploitation or 19 human trafficking; requiring the Department to develop a sign displaying 20 information and resources for child exploitation and human trafficking victims and 21 requiring the sign to be displayed at certain locations; requiring the Department to 22 require frequent public service announcements with safety information for child 23 exploitation and human trafficking victims at certain locations; and generally 24 relating to child exploitation and human trafficking awareness, training, and 25 response. 26 BY adding to 27 Article – Public Utilities 28 Section 10–208.1 29 2 SENATE BILL 153 Annotated Code of Maryland 1 (2020 Replacement Volume and 2023 Supplement) 2 BY repealing and reenacting, with amendments, 3 Article – Public Utilities 4 Section 10–404(a) 5 Annotated Code of Maryland 6 (2020 Replacement Volume and 2023 Supplement) 7 BY adding to 8 Article – Transportation 9 Section 2–113 10 Annotated Code of Maryland 11 (2020 Replacement Volume and 2023 Supplement) 12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 That the Laws of Maryland read as follows: 14 Article – Public Utilities 15 10–208.1. 16 THE COMMISSION MAY NOT IS SUE OR RENEW A TAXIC AB DRIVER’S LICENSE 17 UNLESS THE APPLICANT HAS COMPLETED THE TR AINING PROGRAM ON TH E 18 IDENTIFICATION AND R EPORTING OF SUSPECTE D CHILD EXPLOITATION AND 19 HUMAN TRAFFICKING PR OVIDED BY THE DEPARTMENT OF TRANSPORTATION 20 UNDER § 2–113 OF THE TRANSPORTATION ARTICLE. 21 10–404. 22 (a) (1) An operator may not provide transportation network services unless 23 the Commission has authorized the operator to operate on a provisional basis or has issued 24 a valid temporary or permanent transportation network operator’s license to provide 25 transportation network services. 26 (2) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, 27 THE COMMISSION MAY NOT IS SUE A TEMPORARY OR PERMANENT TRANSPORTATION 28 NETWORK OPERATOR ’S LICENSE OR AUTHORI ZE OPERATION ON A PR OVISIONAL 29 BASIS UNLESS THE APP LICANT HAS COMPLETED THE TRAINING PROGRAM ON THE 30 IDENTIFICATION AND R EPORTING OF SUSPECTE D CHILD EXPLOITATION AND 31 HUMAN TRAFFICKING P ROVIDED BY THE DEPARTMENT OF TRANSPORTATION 32 UNDER § 2–113 OF THE TRANSPORTATION ARTICLE. 33 Article – Transportation 34 2–113. 35 SENATE BILL 153 3 (A) IN THIS SECTION, “TRANSIT SERVICE ” AND “TRANSIT STATION ” HAVE 1 THE MEANINGS STATED IN § 7–101 OF THIS ARTICLE. 2 (B) THIS SECTION APPLIES ONLY TO : 3 (1) AN EMPLOYEE WHO IS : 4 (I) A STATE EMPLOYEE WHO WO RKS AT A TRANSIT STA TION, 5 AIRPORT, PORT FACILITY, OR HIGHWAY REST STOP ; 6 (II) EMPLOYED UNDER A CONT RACT WITH THE STATE, 7 INCLUDING A HOSPITALITY EMPLOYEE , WHO WORKS AT A TRANS IT STATION, 8 AIRPORT, PORT FACILITY, OR HIGHWAY REST STOP ; 9 (III) A STATE EMPLOYEE WHO PR OVIDES TRANSIT SERVI CE; OR 10 (IV) EMPLOYED UNDER A CONT RACT WITH THE STATE TO 11 PROVIDE TRANSIT SERV ICE; 12 (2) AN EMPLOYER OF AN EMP LOYEE DESCRIBED IN I TEM (1) OF THIS 13 SUBSECTION; 14 (3) A TAXICAB DRIVER ; AND 15 (4) A TRANSPORTATION NETWO RK OPERATOR . 16 (C) (1) THE DEPARTMENT SHALL : 17 (I) IN CONJUNCTION WITH H UMAN TRAFFICKING SUR VIVORS 18 AND ADVOCATES , DEVELOP OR IDENTIFY A ND IMPLEMENT A TRAIN ING PROGRAM , 19 INCLUDING A CURRICULUM , ON THE IDENTIFICATIO N AND REPORTING OF 20 SUSPECTED CHILD EXPL OITATION AND HUMAN T RAFFICKING; AND 21 (II) ADMINISTER THE TRAINI NG PROGRAM TO ALL EM PLOYEES 22 AND CONTRACT EMPLOYE ES OF THE DEPARTMENT , TAXICAB DRIVERS , AND 23 TRANSPORTATION NETWO RK OPERATORS. 24 (2) THE TRAINING PROGRAM SHALL INCLUDE A VIDE O 25 PRESENTATION THAT : 26 (I) IS PROVIDED IN A DIGI TAL VIDEO OR INTERNET–BASED 27 VIDEO FORMAT ; 28 4 SENATE BILL 153 (II) IS NOT LESS THAN 15 MINUTES IN LENGTH ; AND 1 (III) INCLUDES: 2 1. AN OVERVIEW OF HUMAN TRAFFICKING, INCLUDING 3 THE DEFINITION OF HU MAN TRAFFICKING UNDE R STATE AND FEDERAL LAW ; 4 2. EXPERIENCES OF HUMAN TRAFFICKING VICTIMS ; 5 3. DISCUSSION OF HOW AND WHY HUMAN TRAFFICKIN G 6 OCCURS IN THE TRANSP ORTATION INDUSTRY ; 7 4. GUIDANCE ON HOW TO ID ENTIFY INDIVIDUALS WHO 8 ARE MOST AT RISK OF HUMAN TRAFFICKING ; 9 5. GUIDANCE ON THE ROL E OF THE EMPLOYEE , TAXICAB 10 DRIVER, OR TRANSPORTATION NE TWORK OPERATOR IN REPORTING AND 11 RESPONDING TO HUMAN TRAFFICKING; AND 12 6. CONTACT INFORMATION , INCLUDING THE NATIONAL 13 HUMAN TRAFFICKING RESOURCE CENTER HOTLINE TOLL–FREE NUMBER AND 14 TEXT LINE AND APPROP RIATE LAW ENFORCEMEN T AGENCIES , THAT THE 15 EMPLOYEE, TAXICAB DRIVER , OR TRANSPORTATION NE TWORK OPERATOR CAN U SE 16 TO REPORT HUMAN TRA FFICKING. 17 (3) TRAINING MATERIALS , INCLUDING THE VIDEO REQUIRED UNDER 18 PARAGRAPH (2) OF THIS SUBSECTION , SHALL BE PROVIDED IN ENGLISH AND 19 SPANISH. 20 (4) A TRANSPORTATION NETWO RK COMPANY MAY OFFER THE 21 TRAINING PROVIDED UN DER THIS SECTION THR OUGH THE TRANS PORTATION 22 NETWORK COMPANY ’S ONLINE PLATFORM . 23 (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 24 ON OR BEFORE OCTOBER 1, 2025, AND EACH OCTOBER 1 THEREAFTER , EACH 25 EMPLOYER SHALL CERTI FY TO THE DEPARTMENT THAT ALL T HE EMPLOYER’S 26 EMPLOYEES HAVE COMPLETED THE TRAINI NG PROGRAM . 27 (2) AN EMPLOYER SHALL PRO VIDE A NEW EMPLOYEE WITH THE 28 TRAINING REQUIRED UN DER THIS SECTION PRIOR TO THE EMPLOYE E’S FIRST DAY 29 OF EMPLOYMENT . 30 SENATE BILL 153 5 (E) EACH EMPLOYER , IN CONSULTATION WITH THE DEPARTMENT , SHALL: 1 (1) ESTABLISH A PROCEDURE FOR EMPLOYEES , CONTRACT 2 EMPLOYEES, TAXICAB DRIVERS , AND TRANSPORTATION N ETWORK OPERATORS TO 3 REPORT SUSPECTED INC IDENTS OF CHILD EXPL OITATION OR HUMAN TR AFFICKING 4 TO APPROPRIATE SECUR ITY STAFF, LAW ENFORCEMENT , OR THE NATIONAL HUMAN 5 TRAFFICKING RESOURCE CENTER HOTLINE; AND 6 (2) IMPLEMENT A CHILD EXP LOITATION AND HUMAN TRAFFICKING 7 PREVENTION POLICY FO R EMPLOYEES , CONTRACT EMPLOYEES , TAXICAB DRIVERS , 8 AND TRANSPORTATION N ETWORK OPERATORS BY PROVIDING INFORMATIO N ON 9 HOW TO: 10 (I) RECOGNIZE POTENTIAL VICTIM S OF HUMAN TRAFFICKI NG; 11 (II) RESPOND TO AN INDIVID UAL WHO MAY BE OR IS A VICTIM 12 OF CHILD EXPLOITATIO N OR HUMAN TRAFFICKI NG; AND 13 (III) CONNECT AN INDIVIDUAL WHO MAY BE OR IS A V ICTIM OF 14 CHILD EXPLOITATION O R HUMAN TRAFFICKING WITH AVAILABLE RESOURCE S. 15 (F) AN EMPLOYER , AN EMPLOYEE , A CONTRACT EMPLOYEE , A TAXICAB 16 DRIVER, OR A TRANSPORTATION NETWORK OPERATOR MAY NOT BE HELD CIVILLY 17 OR CRIMINALLY LIABLE FOR REPORTING OR RES PONDING IN GOOD FAIT H TO A 18 SUSPECTED INCIDENT O F CHILD EXPLO ITATION OR HUMAN TRA FFICKING. 19 (G) THE DEPARTMENT SHALL DEVE LOP A SIGN DISPLAYIN G INFORMATION 20 AND RESOURCES FOR CH ILD EXPLOITATION AND HUMAN TRAFFICKING VI CTIMS 21 AND REQUIRE THE SIGN TO BE DISPLAYED AT T RANSIT STATIONS , AIRPORTS, PORT 22 FACILITIES, AND HIGHWAY REST STOPS . 23 (H) THE DEPARTMENT SHALL REQU IRE FREQUENT PUBLIC SERVICE 24 ANNOUNCEMENTS WITH S AFETY INFORMATION FO R CHILD EXPLOITATION AND 25 HUMAN TRAFFICKING VI CTIMS TO BE MADE , IN BOTH ENGLISH AND SPANISH, AT 26 TRANSIT STATIONS , AIRPORTS, PORT FACILITIE S, AND HIGHWAY REST STO PS. 27 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28 October 1, 2024. 29