Maryland 2024 Regular Session

Maryland Senate Bill SB153 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0153*
66
77 SENATE BILL 153
88 R2 4lr0788
99 SB 203/23 – JPR (PRE–FILED)
1010 By: Senator Jackson
1111 Requested: September 29, 2023
1212 Introduced and read first time: January 10, 2024
1313 Assigned to: Judicial Proceedings
1414
1515 A BILL ENTITLED
1616
1717 AN ACT concerning 1
1818
1919 Maryland Department of Transportation – Child Exploitation and Human 2
2020 Trafficking Awareness, Training, and Response 3
2121
2222 FOR the purpose of requiring the Maryland Department of Transportation to develop or 4
2323 identify and implement a certain training program for certain transportation–sector 5
2424 employees, taxicab drivers, and transportation network operators on the 6
2525 identification and reporting of suspected child exploitation and human trafficking 7
2626 victims; prohibiting the Public Service Commission from issuing or renewing a 8
2727 taxicab driver’s license or issuing a transportation network operator’s license unless 9
2828 the applicant has completed the training program; requiring a holder of a 10
2929 transportation network operator’s license on a certain date to complete the training 11
3030 program by a certain date, subject to license suspension; requiring certain 12
3131 transportation–sector employers to certify that certain employees have completed 13
3232 the training program; requiring certain transportation–sector employers to establish 14
3333 procedures for reporting suspected child exploitation and human trafficking to 15
3434 certain entities and to implement a certain child exploitation and human trafficking 16
3535 prevention policy; prohibiting certain employers, employees, taxicab drivers, or 17
3636 transportation network operators from being held civilly or criminally liable for 18
3737 reporting or responding to in good faith a suspected incident of child exploitation or 19
3838 human trafficking; requiring the Department to develop a sign displaying 20
3939 information and resources for child exploitation and human trafficking victims and 21
4040 requiring the sign to be displayed at certain locations; requiring the Department to 22
4141 require frequent public service announcements with safety information for child 23
4242 exploitation and human trafficking victims at certain locations; and generally 24
4343 relating to child exploitation and human trafficking awareness, training, and 25
4444 response. 26
4545
4646 BY adding to 27
4747 Article – Public Utilities 28
4848 Section 10–208.1 29 2 SENATE BILL 153
4949
5050
5151 Annotated Code of Maryland 1
5252 (2020 Replacement Volume and 2023 Supplement) 2
5353
5454 BY repealing and reenacting, with amendments, 3
5555 Article – Public Utilities 4
5656 Section 10–404(a) 5
5757 Annotated Code of Maryland 6
5858 (2020 Replacement Volume and 2023 Supplement) 7
5959
6060 BY adding to 8
6161 Article – Transportation 9
6262 Section 2–113 10
6363 Annotated Code of Maryland 11
6464 (2020 Replacement Volume and 2023 Supplement) 12
6565
6666 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
6767 That the Laws of Maryland read as follows: 14
6868
6969 Article – Public Utilities 15
7070
7171 10–208.1. 16
7272
7373 THE COMMISSION MAY NOT IS SUE OR RENEW A TAXIC AB DRIVER’S LICENSE 17
7474 UNLESS THE APPLICANT HAS COMPLETED THE TR AINING PROGRAM ON TH E 18
7575 IDENTIFICATION AND R EPORTING OF SUSPECTE D CHILD EXPLOITATION AND 19
7676 HUMAN TRAFFICKING PR OVIDED BY THE DEPARTMENT OF TRANSPORTATION 20
7777 UNDER § 2–113 OF THE TRANSPORTATION ARTICLE. 21
7878
7979 10–404. 22
8080
8181 (a) (1) An operator may not provide transportation network services unless 23
8282 the Commission has authorized the operator to operate on a provisional basis or has issued 24
8383 a valid temporary or permanent transportation network operator’s license to provide 25
8484 transportation network services. 26
8585
8686 (2) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, 27
8787 THE COMMISSION MAY NOT IS SUE A TEMPORARY OR PERMANENT TRANSPORTATION 28
8888 NETWORK OPERATOR ’S LICENSE OR AUTHORI ZE OPERATION ON A PR OVISIONAL 29
8989 BASIS UNLESS THE APP LICANT HAS COMPLETED THE TRAINING PROGRAM ON THE 30
9090 IDENTIFICATION AND R EPORTING OF SUSPECTE D CHILD EXPLOITATION AND 31
9191 HUMAN TRAFFICKING P ROVIDED BY THE DEPARTMENT OF TRANSPORTATION 32
9292 UNDER § 2–113 OF THE TRANSPORTATION ARTICLE. 33
9393
9494 Article – Transportation 34
9595
9696 2–113. 35 SENATE BILL 153 3
9797
9898
9999
100100 (A) IN THIS SECTION, “TRANSIT SERVICE ” AND “TRANSIT STATION ” HAVE 1
101101 THE MEANINGS STATED IN § 7–101 OF THIS ARTICLE. 2
102102
103103 (B) THIS SECTION APPLIES ONLY TO : 3
104104
105105 (1) AN EMPLOYEE WHO IS : 4
106106
107107 (I) A STATE EMPLOYEE WHO WO RKS AT A TRANSIT STA TION, 5
108108 AIRPORT, PORT FACILITY, OR HIGHWAY REST STOP ; 6
109109
110110 (II) EMPLOYED UNDER A CONT RACT WITH THE STATE, 7
111111 INCLUDING A HOSPITALITY EMPLOYEE , WHO WORKS AT A TRANS IT STATION, 8
112112 AIRPORT, PORT FACILITY, OR HIGHWAY REST STOP ; 9
113113
114114 (III) A STATE EMPLOYEE WHO PR OVIDES TRANSIT SERVI CE; OR 10
115115
116116 (IV) EMPLOYED UNDER A CONT RACT WITH THE STATE TO 11
117117 PROVIDE TRANSIT SERV ICE; 12
118118
119119 (2) AN EMPLOYER OF AN EMP LOYEE DESCRIBED IN I TEM (1) OF THIS 13
120120 SUBSECTION; 14
121121
122122 (3) A TAXICAB DRIVER ; AND 15
123123
124124 (4) A TRANSPORTATION NETWO RK OPERATOR . 16
125125
126126 (C) (1) THE DEPARTMENT SHALL : 17
127127
128128 (I) IN CONJUNCTION WITH H UMAN TRAFFICKING SUR VIVORS 18
129129 AND ADVOCATES , DEVELOP OR IDENTIFY A ND IMPLEMENT A TRAIN ING PROGRAM , 19
130130 INCLUDING A CURRICULUM , ON THE IDENTIFICATIO N AND REPORTING OF 20
131131 SUSPECTED CHILD EXPL OITATION AND HUMAN T RAFFICKING; AND 21
132132
133133 (II) ADMINISTER THE TRAINI NG PROGRAM TO ALL EM PLOYEES 22
134134 AND CONTRACT EMPLOYE ES OF THE DEPARTMENT , TAXICAB DRIVERS , AND 23
135135 TRANSPORTATION NETWO RK OPERATORS. 24
136136
137137 (2) THE TRAINING PROGRAM SHALL INCLUDE A VIDE O 25
138138 PRESENTATION THAT : 26
139139
140140 (I) IS PROVIDED IN A DIGI TAL VIDEO OR INTERNET–BASED 27
141141 VIDEO FORMAT ; 28 4 SENATE BILL 153
142142
143143
144144
145145 (II) IS NOT LESS THAN 15 MINUTES IN LENGTH ; AND 1
146146
147147 (III) INCLUDES: 2
148148
149149 1. AN OVERVIEW OF HUMAN TRAFFICKING, INCLUDING 3
150150 THE DEFINITION OF HU MAN TRAFFICKING UNDE R STATE AND FEDERAL LAW ; 4
151151
152152 2. EXPERIENCES OF HUMAN TRAFFICKING VICTIMS ; 5
153153
154154 3. DISCUSSION OF HOW AND WHY HUMAN TRAFFICKIN G 6
155155 OCCURS IN THE TRANSP ORTATION INDUSTRY ; 7
156156
157157 4. GUIDANCE ON HOW TO ID ENTIFY INDIVIDUALS WHO 8
158158 ARE MOST AT RISK OF HUMAN TRAFFICKING ; 9
159159
160160 5. GUIDANCE ON THE ROL E OF THE EMPLOYEE , TAXICAB 10
161161 DRIVER, OR TRANSPORTATION NE TWORK OPERATOR IN REPORTING AND 11
162162 RESPONDING TO HUMAN TRAFFICKING; AND 12
163163
164164 6. CONTACT INFORMATION , INCLUDING THE NATIONAL 13
165165 HUMAN TRAFFICKING RESOURCE CENTER HOTLINE TOLL–FREE NUMBER AND 14
166166 TEXT LINE AND APPROP RIATE LAW ENFORCEMEN T AGENCIES , THAT THE 15
167167 EMPLOYEE, TAXICAB DRIVER , OR TRANSPORTATION NE TWORK OPERATOR CAN U SE 16
168168 TO REPORT HUMAN TRA FFICKING. 17
169169
170170 (3) TRAINING MATERIALS , INCLUDING THE VIDEO REQUIRED UNDER 18
171171 PARAGRAPH (2) OF THIS SUBSECTION , SHALL BE PROVIDED IN ENGLISH AND 19
172172 SPANISH. 20
173173
174174 (4) A TRANSPORTATION NETWO RK COMPANY MAY OFFER THE 21
175175 TRAINING PROVIDED UN DER THIS SECTION THR OUGH THE TRANS PORTATION 22
176176 NETWORK COMPANY ’S ONLINE PLATFORM . 23
177177
178178 (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 24
179179 ON OR BEFORE OCTOBER 1, 2025, AND EACH OCTOBER 1 THEREAFTER , EACH 25
180180 EMPLOYER SHALL CERTI FY TO THE DEPARTMENT THAT ALL T HE EMPLOYER’S 26
181181 EMPLOYEES HAVE COMPLETED THE TRAINI NG PROGRAM . 27
182182
183183 (2) AN EMPLOYER SHALL PRO VIDE A NEW EMPLOYEE WITH THE 28
184184 TRAINING REQUIRED UN DER THIS SECTION PRIOR TO THE EMPLOYE E’S FIRST DAY 29
185185 OF EMPLOYMENT . 30
186186 SENATE BILL 153 5
187187
188188
189189 (E) EACH EMPLOYER , IN CONSULTATION WITH THE DEPARTMENT , SHALL: 1
190190
191191 (1) ESTABLISH A PROCEDURE FOR EMPLOYEES , CONTRACT 2
192192 EMPLOYEES, TAXICAB DRIVERS , AND TRANSPORTATION N ETWORK OPERATORS TO 3
193193 REPORT SUSPECTED INC IDENTS OF CHILD EXPL OITATION OR HUMAN TR AFFICKING 4
194194 TO APPROPRIATE SECUR ITY STAFF, LAW ENFORCEMENT , OR THE NATIONAL HUMAN 5
195195 TRAFFICKING RESOURCE CENTER HOTLINE; AND 6
196196
197197 (2) IMPLEMENT A CHILD EXP LOITATION AND HUMAN TRAFFICKING 7
198198 PREVENTION POLICY FO R EMPLOYEES , CONTRACT EMPLOYEES , TAXICAB DRIVERS , 8
199199 AND TRANSPORTATION N ETWORK OPERATORS BY PROVIDING INFORMATIO N ON 9
200200 HOW TO: 10
201201
202202 (I) RECOGNIZE POTENTIAL VICTIM S OF HUMAN TRAFFICKI NG; 11
203203
204204 (II) RESPOND TO AN INDIVID UAL WHO MAY BE OR IS A VICTIM 12
205205 OF CHILD EXPLOITATIO N OR HUMAN TRAFFICKI NG; AND 13
206206
207207 (III) CONNECT AN INDIVIDUAL WHO MAY BE OR IS A V ICTIM OF 14
208208 CHILD EXPLOITATION O R HUMAN TRAFFICKING WITH AVAILABLE RESOURCE S. 15
209209
210210 (F) AN EMPLOYER , AN EMPLOYEE , A CONTRACT EMPLOYEE , A TAXICAB 16
211211 DRIVER, OR A TRANSPORTATION NETWORK OPERATOR MAY NOT BE HELD CIVILLY 17
212212 OR CRIMINALLY LIABLE FOR REPORTING OR RES PONDING IN GOOD FAIT H TO A 18
213213 SUSPECTED INCIDENT O F CHILD EXPLO ITATION OR HUMAN TRA FFICKING. 19
214214
215215 (G) THE DEPARTMENT SHALL DEVE LOP A SIGN DISPLAYIN G INFORMATION 20
216216 AND RESOURCES FOR CH ILD EXPLOITATION AND HUMAN TRAFFICKING VI CTIMS 21
217217 AND REQUIRE THE SIGN TO BE DISPLAYED AT T RANSIT STATIONS , AIRPORTS, PORT 22
218218 FACILITIES, AND HIGHWAY REST STOPS . 23
219219
220220 (H) THE DEPARTMENT SHALL REQU IRE FREQUENT PUBLIC SERVICE 24
221221 ANNOUNCEMENTS WITH S AFETY INFORMATION FO R CHILD EXPLOITATION AND 25
222222 HUMAN TRAFFICKING VI CTIMS TO BE MADE , IN BOTH ENGLISH AND SPANISH, AT 26
223223 TRANSIT STATIONS , AIRPORTS, PORT FACILITIE S, AND HIGHWAY REST STO PS. 27
224224
225225 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
226226 October 1, 2024. 29
227227