North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1308 Compare Versions

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22 Sixty-ninth
33 Legislative Assembly
44 of North Dakota
55 Introduced by
66 Representatives Satrom, Brandenburg, Schneider, Ostlie
77 Senators Clemens, Conley
88 A BILL for an Act to amend and reenact sections 54-12-33 and 54-12-33.1 of the North Dakota
99 Century Code, relating to duties of the human trafficking commission and immunity for reporting
10-human trafficking; to provide a continuing appropriation; and to provide a contingent effective
11-date.
10+human trafficking; and to provide a continuing appropriation.
1211 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
1312 SECTION 1. AMENDMENT. Section 54-12-33 of the North Dakota Century Code is
1413 amended and reenacted as follows:
1514 54-12-33. Human trafficking commission.
1615 1.The attorney general mayshall establish a human trafficking commission, comprised of
1716 designees from state, local, and tribal agencies which have contact with victims or
1817 perpetrators, nongovernmental organizations that represent or work with victims, and
1918 other organizations and individuals, including victims, whose expertise would benefit
2019 the commission. The attorney general may establish the commission by appointing an
2120 existing statewide coalitionIn addition to the attorney general designees, the
2221 commission must include:
23-a.A legislator from the majority party, appointed by the chairman of the legislative
24-management;
25-b.A legislator from the minority party, appointed by the chairman of the legislative
26-management;
27-c.An individual from the department of health and human services child and family
28-services division, appointed by the commissioner of the department of health and
29-human services;
30-Page No. 1 25.0012.03000
22+a.A legislator from the majority party;
23+b.A legislator from the minority party;
24+c.A designee from the department of health and human services child and family
25+services division;
26+d.A designee from a rural school district;
27+e.A designee from one of the state's largest ten school districts;
28+f.A designee from the North Dakota state's attorneys' association; and
29+g.A designee from the governor's office.
30+Page No. 1 25.0012.02000
3131 HOUSE BILL NO. 1308
3232 HOUSE BILL NO. 1308
33-with Conference Committee Amendments
33+with Senate Amendments
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57-d.An individual representing a rural school district, appointed by the superintendent
58-of public instruction;
59-e.An individual representing one of the state's largest ten school districts,
60-appointed by the superintendent of public instruction;
61-f.An individual representing tribal nations, appointed by the North Dakota united
62-tribes tribal chairman's association;
63-g.An individual from the North Dakota state's attorneys' association, appointed by
64-the executive director of the North Dakota state's attorneys' association; and
65-h.An individual from the governor's office, appointed by the governor.
66-2.The attorney general or the attorney general's designee shall serve as the presiding
67-officer of the commission.
68-3.The commission shall:
57+2.The commission shall:
6958 a.Collect and evaluate data on human trafficking in this state and submit an annual
7059 report to the attorney general, governor, and legislative assembly;
7160 b.Promote awareness and provide information to education personnel and the
7261 general public about human trafficking, victim remedies and services, and
7362 trafficking prevention;
7463 c.Promote training on human trafficking prevention and victim services for state
7564 and local employees and members of regulated occupations and professions
7665 who may have recurring contact with victims or perpetrators;
7766 d.Promote training on human trafficking investigation and prosecution and on
7867 missing and murdered indigenous people with the North Dakota state's attorney's
7968 association, the North Dakota peace officers standards and training board, and
8069 state and local law enforcement agencies;
8170 e.Present annually regarding human trafficking awareness and prevention at
8271 professional development conferences directed toward teachers, administrators,
8372 and support staff which are hosted by educational organizations in this state or by
8473 the department of public instruction; and
85-f.Facilitate annual prevention and awareness education for students on human
86-trafficking and exploitation; and
74+f.Provide annual prevention and awareness education on human trafficking and
75+exploitation for students in grades six and ten in tribal, public, and nonpublic
76+schools; and
8777 g.Conduct other appropriate activities.
88-Page No. 2 25.0012.03000
78+SECTION 2. AMENDMENT. Section 54-12-33.1 of the North Dakota Century Code is
79+amended and reenacted as follows:
80+54-12-33.1. Human trafficking prevention training - Exemptions - Immunity -
81+Continuing appropriation.
82+1.As used in this section:
83+a."Human trafficking" means human trafficking as defined in chapter 12.1-41.
84+b."Human trafficking commission" means the commission established under
85+section 54-12-33.
86+c."Lodging establishment" means any hotel, motel, resort, building, or structure that
87+is used to provide sleeping accommodations to transient guests.
88+Page No. 2 25.0012.02000
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121-SECTION 2. AMENDMENT. Section 54-12-33 of the North Dakota Century Code is
122-amended and reenacted as follows:
123-54-12-33. Human trafficking commission.
124-1.The attorney general shall establish a human trafficking commission, comprised of
125-designees from state, local, and tribal agencies which have contact with victims or
126-perpetrators, nongovernmental organizations that represent or work with victims, and
127-other organizations and individuals, including victims, whose expertise would benefit
128-the commission. In addition to the attorney general designees, the commission must
129-include:
130-a.A legislator from the majority party, appointed by the chairman of the legislative
131-management;
132-b.A legislator from the minority party, appointed by the chairman of the legislative
133-management;
134-c.An individual from the department of health and human services child and family
135-services division, appointed by the commissioner of the department of health and
136-human services;
137-d.An individual representing a rural school district, appointed by the superintendent
138-of public instruction;
139-e.An individual representing one of the state's largest ten school districts,
140-appointed by the superintendent of public instruction;
141-f.An individual representing tribal nations, appointed by the North Dakota united
142-tribes tribal chairman's association;
143-g.An individual from the North Dakota state's attorneys' association, appointed by
144-the executive director of the North Dakota state's attorneys' association; and
145-h.An individual from the governor's office, appointed by the governor.
146-2.The attorney general or the attorney general's designee shall serve as the presiding
147-officer of the commission.
148-3.The commission shall:
149-a.Collect and evaluate data on human trafficking in this state and submit an annual
150-report to the attorney general, governor, and legislative assembly;
151-Page No. 3 25.0012.03000
121+d."Proprietor" means the person in charge of a lodging establishment and includes
122+an owner, lessee, and manager.
123+e."Regulated occupation or profession" includes a profession regulated by the
124+education standards and practices board, an occupation or profession regulated
125+under title 43, and an attorney licensed to practice law in this state.
126+2.Within ninety days of the effective date of this section, theThe human trafficking
127+commission shall establish an educational training program with a focus on the
128+accurate and prompt identification and reporting of, or response to, suspected human
129+trafficking. To the extent possible, the human trafficking commission shall allow the use
130+of existing training modules and materials. The training must include:
131+a.Human trafficking awareness;
132+b.How to recognize potential victims of human trafficking;
133+c.How to identify activities commonly associated with human trafficking; and
134+d.Effective responses to human trafficking situations, including how to report
135+suspected human trafficking to law enforcement.
136+3.A proprietor may:
137+a.Provide each onsite employee with the training described in subsection 2.
138+b.In an employee roster or in each employee's personnel file, annually certify each
139+employee has received the training approved by the human trafficking
140+commission.
141+c.Conduct an ongoing awareness campaign for employees which addresses the
142+information described in subsection 2.
143+4.A proprietor may post and maintain a poster approved and provided by the human
144+trafficking commission which contains the information described in subsection 2. The
145+poster must include the contact information for an organization that provides
146+assistance and support services to human trafficking victims. The poster may be
147+visibly displayed at the lodging establishment's check-in area, lobby, or transient guest
148+services.
149+5.An entity that regulates an occupation or profession may accept the training described
150+in subsection 2 for continuing education credit.
151+Page No. 3 25.0012.02000
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183-b.Promote awareness and provide information to education personnel and the
184-general public about human trafficking, victim remedies and services, and
185-trafficking prevention;
186-c.Promote training on human trafficking prevention and victim services for state
187-and local employees and members of regulated occupations and professions
188-who may have recurring contact with victims or perpetrators;
189-d.Promote training on human trafficking investigation and prosecution and on
190-missing and murdered indigenous people with the North Dakota state's attorney's
191-association, the North Dakota peace officers standards and training board, and
192-state and local law enforcement agencies;
193-e.Present annually regarding human trafficking awareness and prevention at
194-professional development conferences directed toward teachers, administrators,
195-and support staff which are hosted by educational organizations in this state or by
196-the department of public instruction;
197-f.Facilitate annual prevention and awareness education for students on human
198-trafficking and exploitation, in accordance with the new section to chapter
199-15.1 - 09, as created by Senate Bill No. 2330, as approved by the sixty - ninth
200-legislative assembly; and
201-g.Conduct other appropriate activities.
202-SECTION 3. AMENDMENT. Section 54-12-33.1 of the North Dakota Century Code is
203-amended and reenacted as follows:
204-54-12-33.1. Human trafficking prevention training - Exemptions - Immunity -
205-Continuing appropriation.
206-1.As used in this section:
207-a."Human trafficking" means human trafficking as defined in chapter 12.1-41.
208-b."Human trafficking commission" means the commission established under
209-section 54-12-33.
210-c."Lodging establishment" means any hotel, motel, resort, building, or structure that
211-is used to provide sleeping accommodations to transient guests.
212-d."Proprietor" means the person in charge of a lodging establishment and includes
213-an owner, lessee, and manager.
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247-e."Regulated occupation or profession" includes a profession regulated by the
248-education standards and practices board, an occupation or profession regulated
249-under title 43, and an attorney licensed to practice law in this state.
250-2.Within ninety days of the effective date of this section, theThe human trafficking
251-commission shall establish an educational training program with a focus on the
252-accurate and prompt identification and reporting of, or response to, suspected human
253-trafficking. To the extent possible, the human trafficking commission shall allow the use
254-of existing training modules and materials. The training must include:
255-a.Human trafficking awareness;
256-b.How to recognize potential victims of human trafficking;
257-c.How to identify activities commonly associated with human trafficking; and
258-d.Effective responses to human trafficking situations, including how to report
259-suspected human trafficking to law enforcement.
260-3.A proprietor may:
261-a.Provide each onsite employee with the training described in subsection 2.
262-b.In an employee roster or in each employee's personnel file, annually certify each
263-employee has received the training approved by the human trafficking
264-commission.
265-c.Conduct an ongoing awareness campaign for employees which addresses the
266-information described in subsection 2.
267-4.A proprietor may post and maintain a poster approved and provided by the human
268-trafficking commission which contains the information described in subsection 2. The
269-poster must include the contact information for an organization that provides
270-assistance and support services to human trafficking victims. The poster may be
271-visibly displayed at the lodging establishment's check-in area, lobby, or transient guest
272-services.
273-5.An entity that regulates an occupation or profession may accept the training described
274-in subsection 2 for continuing education credit.
275183 6.A proprietor or employee of a lodging establishment or a member of a regulated
276184 occupation or profession who acts in good faith is immune from liability in any civil
277185 action for reporting suspected human trafficking activities but a member of a regulated
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311186 occupation or profession may be subject to disciplinary action for the reporting if the
312187 reporting violates an applicable ethics regulation imposed by the member's regulated
313188 occupation or profession.
314189 6.7.The human trafficking commission may seek, apply for, accept, and receive any
315190 donation, gift, grant, or bequest offered or tendered from public or private sources for
316191 the purpose of furthering the objectives of the human trafficking prevention training
317192 and incentivizing proprietors and members of a regulated occupation or profession to
318193 participate in the human trafficking prevention training. All moneys received or
319194 accepted under this subsection are appropriated on a continuing basis to the human
320195 trafficking commission.
321-SECTION 4. CONTINGENT EFFECTIVE DATE. Section 2 of this Act becomes effective if
322-the new section to chapter 15.1-09 of the North Dakota Century Code, as created by Senate Bill
323-No. 2330, is approved by the sixty-ninth legislative assembly.
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