SB 472 — Requiring hotels and public lodging establishments to provide human trafficking awareness training for employees

CS for SB 472 WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 472 By Senators Chapman and Caputo [Introduced[Originating Januaryin 16,the 2024;Committee on Government Organization;

referredreported February 7, 2024] CS for SB 472 A BILL to amend the CommitteeCode onof GovernmentWest Organization;Virginia, 1931, as amended, by adding thereto a new section, designated §16-6-26, relating to requiring hotels and public lodging establishments to provide human trafficking awareness training to employees;

andmandating thenannual totraining; the Committee on the Judiciary] Intr SB472 2024R1800 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-6-26, relating to requiring hotels and public lodging establishments to provide human trafficking awareness training to employees;

andestablishing providingreporting forprocedures; enforcement and rulemaking.

requiring local board of health approval of training program;

establishing penalties;

providing that no private cause of action is created;

and authorizing rulemaking.

enforcement.enforcement;

penalties;

rulemaking.

EachThe employeeestablishment mustshall submitmaintain torecords theof hiringeach establishmentindividual aemployee’s signedreceipt and dated acknowledgement of having received the training, which records the establishment mustshall provide to the Departmentlocal board of Healthhealth upon request.request;

(2) By January 1, 2025, implement a procedure for the reporting of suspected human trafficking to the National Human Trafficking Hotline or to a local law enforcement agency.agency;

and (3) By January 1, 2025, post in a conspicuous location in the establishment which is accessible to employees a human trafficking public awareness sign at least 11 inches by 15 inches in size, printed in an easily legible font and in at least 32-point type, which states in English and Spanish and any other language predominantly spoken in that area which the departmentlocal board of health deems appropriate substantially the following:following or similar language having the same meaning:

1 CS for SB 472 "If you or someone you know is being forced to engage in an activity and cannot leave, whether it is prostitution, housework, farm work, factory work, retail work, restaurant work, or any other activity, call the National Human Trafficking Resource Center at 888-373-7888 or text INFO Intr SB472 2024R1800 or HELP to 233-733 to access help and services.

Victims of slavery and human trafficking are protected under United States and West Virginia Law.Law”.

(b) The human trafficking awareness training required under this section must be submitted to and approved by the Department of Health or by a local orboard stateof lawhealth, enforcementand agency,shall andinclude, mustat includea minimum, all of the following:

(c) ForThe alocal violationboard committed on or after July 1, 2026, the Department of Healthhealth shall imposeapprove an administrative fine of $2,000 per day on a hotel or publicdisapprove lodging establishment that is not in compliance with this section, unless the Department of Health receives adequate written documentation from the hoteluse orand publiccontent lodgingof establishmentany whichtraining providesprogram assurancein thatwriting each deficiency will be corrected within 4560 days afterof the Departmentsubmission of Health provided the hotelprogram. or public lodging establishment with notice of its violation.

ForIf athe secondlocal orboard subsequent violation of thishealth sectiondoes committednot onapprove or afterdisapprove July 1, 2026, the Departmenttraining ofprogram Healthwithin may60 notdays, providethe aprogram correctionshall periodbe deemed to ahave hotelbeen orapproved. public lodging establishment and must impose and collect the applicable administrative fines.

(d) ThisFor sectiona doesviolation notcommitted establishon or after July 1, 2026, the local board of health shall impose an administrative penalty of $2,000 per day on a privatehotel causeor public lodging establishment that is not in compliance with this section, unless the board receives adequate written documentation from the hotel or public lodging establishment which provides assurance that each deficiency will be corrected within 45 days after the board provided the hotel or public lodging establishment with notice of action.its violation.

For a second or subsequent violation of this section committed on or after July 1, 2026, the local board of health may not provide a correction period to a hotel or public lodging establishment and shall impose and collect the applicable administrative penalty.

2 CS for SB 472 (e) This section does not establish a private cause of action.

(e)(f) The DepartmentBureau offor Public Health shallmay makepropose such rules andfor regulations,legislative notapproval inconsistent with law, as in theiraccordance judgmentwith are§29A-3-1 necessaryet toseq. carry out the provisions of this section.

NOTE:of this code as it deems necessary to carry out the provisions of this section.

The purposebureau ofmay thispromulgate billemergency isrules topursuant require a hotel or public lodging establishment to providethe annualprovisions trainingof regarding§29A-3-15 humanof traffickingthis awarenesscode toas employees,it anddeems tonecessary. provide for enforcement and rulemaking.

Intr SB472 2024R1800 Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.