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THE SENATE |
S.B. NO. |
2841 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to human trafficking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to part XIII to be appropriately designated and to read as follows:
"§28- Human
trafficking awareness
training program; transient
accommodations sector. No later than ,
the department of the attorney general shall develop a human trafficking awareness training program for the purpose of educating and training
workers in the transient accommodations sector. The training program shall include but not be limited to the following components:
(1) Definitions
of human trafficking and the commercial exploitation of children;
(2) Explanation
of the differences between labor trafficking
and sex trafficking, as they relate to the
transient accommodations sector;
(3) Guidance on indicators
of human trafficking, including identifying:
(A) Individuals
who may be vulnerable to or victims of human trafficking;
and
(B) Individuals
who may be engaged in human trafficking
activity;
(5) Guidance on the
appropriate response and reporting procedures for transient
accommodations workers when indicators of human trafficking
are observed; and
(6) Contact information for:
(A) The
National Human Trafficking Hotline toll‑free number and text line;
and
(B) Appropriate
local law enforcement agencies.
(b) For the
purposes of this section, "transient accommodations" has the same meaning as defined in section
237D‑1."
SECTION 2. Chapter 371, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§371- Human
trafficking awareness; transient accommodations sector; training; records; signage;
reporting; penalties. (a) Every transient accommodations employer shall provide human trafficking awareness training developed pursuant to section 28- to its employees and contract workers within one hundred eighty days of employment or placement, as applicable, and at least every two years thereafter.
(b) Each
transient accommodations employer providing human trafficking awareness
training under this section shall maintain records documenting the completion of the
required training by its employees and contract workers pursuant to rules adopted by
the department. The director or the director's
authorized representative shall, for the purpose of
examination, have access to and the right to copy the
records. Every
transient accommodations employer shall furnish to the director or the director's
authorized representative any information relating to the training of employees and contract workers pursuant to this section in any manner as the director may prescribe.
(c) No later than
, every transient
accommodations employer shall post and keep posted in a conspicuous
place readily accessible to its employees and contract workers signage
regarding human trafficking awareness in a form prescribed
by the department by rule; provided that the signage shall be printed in an
easily legible font in English and any other language spoken by at least
ten per cent of its employees
and contract workers.
(d) No later than ,
every transient accommodations employer shall develop and implement
a human trafficking prevention policy that shall:
(1) Apply
to all of its individuals in employ
and contract workers; and
(2) Include
procedures for the reporting of suspected human trafficking to the
National Human Trafficking Hotline or to a local law enforcement agency.
(e) A transient accommodations employer
or its employee or contract worker who
in good faith complies with this section or
reports suspected human trafficking pursuant to policies adopted pursuant this
section shall not be subject to civil or criminal liability for any act
or omission arising out of or related to human trafficking committed by a third
party, unless the employer,
employee, or worker knowingly assists in the
commission of human trafficking.
(f) Any transient
accommodations employer who violates this section shall be fined not
more than $
for each separate offense. Each day the
violation continues shall constitute a separate offense. Any action taken to impose or collect the
penalty provided for in this subsection shall be considered a civil action.
(g) The department shall,
in consultation with the department of the attorney general, adopt rules
pursuant to chapter 91 necessary to carry out the purposes of this
section.
(h) For purposes of this section:
"Contract
worker" means an individual employed by a transient accommodations third-party contractor
who, pursuant to a contract for services with a transient
accommodations employer, has contact with guests or access to guest rooms of
the transient accommodations.
"Employee"
means an individual employed by a transient accommodations employer who has
contact with guests or access to guest rooms of the transient accommodations.
"Transient
accommodations" has the same meaning as defined in section
237D-1.
"Transient
accommodations employer" means an employer that owns, operates, manages,
or controls transient accommodations located in the State, and:
(1) Employs
one or more employees; or
(2) Contracts
with a transient accommodations third‑party contractor for the services
of one or more contract workers.
"Transient
accommodations third-party contractor" means any person who, for a fee
or other valuable consideration exacted, charged, or received, furnishes or
supplies contract workers for placement with a transient accommodations employers
upon request."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
AG; DLIR; Human Trafficking Awareness; Transient Accommodations Sector; Training; Signage; Reporting; Penalties; Rules
Description:
Requires the Department of the Attorney General to develop a Human Trafficking Awareness Training Program to educate and train workers in the transient accommodations sector. Requires transient accommodations employers to periodically provide the human trafficking awareness training to certain employees and contract workers; keep records of the training; post signage; and develop and implement a human trafficking prevention policy that includes procedures for the reporting of suspected human trafficking. Establishes penalties. Requires the Department of Labor and Industrial Relations to adopt rules.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.