HOUSE OF REPRESENTATIVES

H.B. NO.

1960

THIRTY-THIRD LEGISLATURE, 2026

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

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.  (a)  No later than July 1, 2027, 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 are victims of human trafficking; and

          (B)  Individuals who may be engaged in human trafficking activity;

     (4)  Guidance on the appropriate response and reporting procedures for transient accommodations workers when indicators of human trafficking are observed; and

     (5)  Contact information for:

          (A)  The National Human Trafficking Hotline toll‑free number and text line; and

          (B)  Appropriate local law enforcement agencies.

     (b)  A transient accommodations employer or transient accommodations third-party contractor may submit a human trafficking awareness training program developed by a party other than the department of the attorney general for approval by the department as an alternative to the training program developed pursuant to subsection (a).  The department of the attorney general shall not approve any externally developed training program unless it complies with all the requirements of subsection (a).  The department of the attorney general shall review the externally developed training program and either approve or disapprove its use within sixty days of written receipt of the externally developed training program.

     (c)  For the purposes of this section:

     "Transient accommodations" has the same meaning as in section 237D‑1.

     "Transient accommodations employer" has the same meaning as in section 353C-   .

     "Transient accommodations third-party contractor" has the same meaning as in section 353C-   ."

     SECTION 2.  Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§353C-     Human trafficking awareness; transient accommodations sector; training; records; signage; reporting; penalties.  (a)  Beginning July 1, 2027, every transient accommodations employer or transient accommodations third-party contractor shall provide human trafficking awareness training developed or approved pursuant to section 28-   to its employees and contract workers, as applicable, within one hundred eighty days of employment or placement, as applicable, and at least every two years thereafter.

     (b)  Each transient accommodations employer and transient accommodations third-party contractor providing human trafficking awareness training under this section shall maintain records documenting the completion of the required training by its employees and contract workers, as applicable, 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 and transient accommodations third-party contractor shall post and keep posted in a conspicuous place readily accessible to its employees and contract workers, as applicable, 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 and transient accommodations third-party contractor shall develop and implement a human trafficking prevention policy that shall:

     (1)  Apply to all of its employees and contract workers, as applicable; 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  a transient accommodations third-party contractor or its contract worker who in good faith complies with this section or reports suspected human trafficking pursuant to policies adopted pursuant to 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, third-party contractor,  employee, or contract worker knowingly assists in the commission of human trafficking.

     (f)  Any transient accommodations employer or transient accommodations third-party contractor who violates this section shall be fined no 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 accommodation.

     "Transient accommodations" has the same meaning as 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 employer upon request."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.


 


 

Report Title:

AG; DLE; 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 or transient accommodations third-party contractors 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 Law Enforcement to adopt rules.  Effective 7/1/3000.  (HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.