SF 3367

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 09/27/2018 08:37am

A bill for an act
relating to public health; requiring employees of hotels and motels to be trained
to recognize sex trafficking; proposing coding for new law in Minnesota Statutes,
chapter 157.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [157.177] SEX TRAFFICKING PREVENTION TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Sex trafficking" has the meaning given in section 609.321,
subdivision 7a.
new text end

new text begin Subd. 2. new text end

new text begin Prevention training required. new text end

new text begin (a) Following initial approval of a training
program pursuant to paragraph (c), every person, firm, or corporation that operates a hotel
or motel in Minnesota shall ensure that each employee who works on site, including but
not limited to any owner, operator, or manager, receive the training described in paragraph
(c) within the later of 90 days of the time of hire or 120 days of the effective date of this
section, and annually thereafter. The operator of each hotel or motel shall annually certify,
in an employee roster or in each employee's personnel file, that each employee has received
the training approved by the commissioner.
new text end

new text begin (b) In addition to the training required under paragraph (a), the operator of each hotel
and motel shall conduct an ongoing awareness campaign for employees that address the
components described in paragraph (c).
new text end

new text begin (c) No later than November 1, 2018, the commissioner shall, in consultation with the
state hotel and lodging association, approve an educational training program that focuses
on the accurate and prompt identification and reporting of, or response to, suspected sex
trafficking. The commissioner shall allow the use of existing training modules and materials,
to the extent possible. Training must include, at a minimum, instruction on:
new text end

new text begin (1) what sex trafficking is in order to raise awareness of it;
new text end

new text begin (2) how to recognize potential victims of sex trafficking;
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new text begin (3) how to identify activities commonly associated with sex trafficking; and
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new text begin (4) effective responses to trafficking situations including, but not limited to, how to
report suspected sex trafficking to proper law enforcement officials.
new text end

new text begin (d) Each operator must post and maintain a poster, written or approved by the
commissioner and containing information described in paragraph (c), in a place readily
accessible to each employee who works on site.
new text end

new text begin (e) Any cost incurred for the training program shall be the responsibility of the licensee.
new text end

new text begin Subd. 3. new text end

new text begin Exemptions. new text end

new text begin The training requirements in subdivision 2 do not apply to
employees who:
new text end

new text begin (1) are under the age of 16 years unless they clean guest rooms;
new text end

new text begin (2) work exclusively in a restaurant, providing catering services, or both; or
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new text begin (3) do not have direct contact with either guests or guest rooms.
new text end

new text begin Subd. 4. new text end

new text begin Immunity. new text end

new text begin An operator or employee of a hotel or motel who acts in good faith
is immune from liability in any civil action for reporting suspected sex trafficking activities.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin A hotel or motel operator who fails to provide the prevention
training required by subdivision 2 shall be given six months to comply with an order issued
pursuant to section 157.20, subdivision 3, for a first violation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end