25.0012.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Satrom, Brandenburg, Schneider, Ostlie
Senators Clemens, Conley
A BILL for an Act to amend and reenact sections 54-12-33 and 54-12-33.1 of the North Dakota
Century Code, relating to duties of the human trafficking commission and immunity for reporting
human trafficking; and to provide a continuing appropriation.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 54-12-33 of the North Dakota Century Code is
amended and reenacted as follows:
54-12-33. Human trafficking commission.
1.The attorney general mayshall establish a human trafficking commission, comprised of
designees from state, local, and tribal agencies which have contact with victims or
perpetrators, nongovernmental organizations that represent or work with victims, and
other organizations and individuals, including victims, whose expertise would benefit
the commission. The attorney general may establish the commission by appointing an
existing statewide coalition.
2.The commission shall:
a.Collect and evaluate data on human trafficking in this state and submit an annual
report to the attorney general, governor, and legislative assembly;
b.Promote awareness and provide information to education personnel and the
general public about human trafficking, victim remedies and services, and
trafficking prevention;
c.Promote training on human trafficking prevention and victim services for state
and local employees and members of regulated occupations and professions
who may have recurring contact with victims or perpetrators;
d.Promote training on human trafficking investigation and prosecution and on
missing and murdered indigenous people with the North Dakota state's attorney's
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HOUSE BILL NO. 1308
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association, the North Dakota peace officers standards and training board, and
state and local law enforcement agencies;
e.Present annually regarding human trafficking awareness and prevention at
professional development conferences directed toward teachers, administrators,
and support staff which are hosted by educational organizations in this state or by
the department of public instruction; and
f.Conduct other appropriate activities.
SECTION 2. AMENDMENT. Section 54-12-33.1 of the North Dakota Century Code is
amended and reenacted as follows:
54-12-33.1. Human trafficking prevention training - Exemptions - Immunity -
Continuing appropriation.
1.As used in this section:
a."Human trafficking" means human trafficking as defined in chapter 12.1-41.
b."Human trafficking commission" means the commission established under
section 54-12-33.
c."Lodging establishment" means any hotel, motel, resort, building, or structure that
is used to provide sleeping accommodations to transient guests.
d."Proprietor" means the person in charge of a lodging establishment and includes
an owner, lessee, and manager.
e."Regulated occupation or profession" includes a profession regulated by the
education standards and practices board, an occupation or profession regulated
under title 43, and an attorney licensed to practice law in this state.
2.Within ninety days of the effective date of this section, theThe human trafficking
commission shall establish an educational training program with a focus on the
accurate and prompt identification and reporting of, or response to, suspected human
trafficking. To the extent possible, the human trafficking commission shall allow the use
of existing training modules and materials. The training must include:
a.Human trafficking awareness;
b.How to recognize potential victims of human trafficking;
c.How to identify activities commonly associated with human trafficking; and
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d.Effective responses to human trafficking situations, including how to report
suspected human trafficking to law enforcement.
3.A proprietor may:
a.Provide each onsite employee with the training described in subsection 2.
b.In an employee roster or in each employee's personnel file, annually certify each
employee has received the training approved by the human trafficking
commission.
c.Conduct an ongoing awareness campaign for employees which addresses the
information described in subsection 2.
4.A proprietor may post and maintain a poster approved and provided by the human
trafficking commission which contains the information described in subsection 2. The
poster must include the contact information for an organization that provides
assistance and support services to human trafficking victims. The poster may be
visibly displayed at the lodging establishment's check-in area, lobby, or transient guest
services.
5.An entity that regulates an occupation or profession may accept the training described
in subsection 2 for continuing education credit.
6.A proprietor or employee of a lodging establishment or a member of a regulated
occupation or profession who acts in good faith is immune from liability in any civil
action for reporting suspected human trafficking activities but a member of a regulated
occupation or profession may be subject to disciplinary action for the reporting if the
reporting violates an applicable ethics regulation imposed by the member's regulated
occupation or profession.
6.7.The human trafficking commission may seek, apply for, accept, and receive any
donation, gift, grant, or bequest offered or tendered from public or private sources for
the purpose of furthering the objectives of the human trafficking prevention training
and incentivizing proprietors and members of a regulated occupation or profession to
participate in the human trafficking prevention training. All moneys received or
accepted under this subsection are appropriated on a continuing basis to the human
trafficking commission.
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