HB 4169 — Requiring certain establishments and facilities to post human trafficking assistance notices

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Red = new code to be enacted ­WEST virginia legislature regular session ENROLLED Committee Substitute for House Bill 4169 By Delegates Barrett, Shott, Overington, Moore, Kessinger, Lane, Queen, Upson, Lovejoy, CanestraroCanestraro, and Miller, R.

[Passed[Introduced MarchJanuary 5,18, 2018;

inReferred effectto ninetythe daysCommittee fromon passage.]the  ANJudiciary] ACTA BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-9A-4, relating to requiring certain businessesestablishments and establishmentsfacilities to post human trafficking assistance notices;

requiringdirecting the Director of the Division of Justice and Community Services to provideadminister certain resources for giving notice on the Division’sprogram; website;

authorizing certain state and local agents to give notice of violations;

§15-9A-4.15-9A-4.

(a) For the purpose of assisting victimspersons ofwho are subject to human trafficking to obtain help and services, the following businesses and establishments shall post a notice meetingas provided herein in English, Spanish, and any other language determined by legislative rule by the requirementsdirector, in each public restroom for the business or establishment and either in a conspicuous place near the public entrance of thisthe section:business or establishment or in another location in clear view of the public and employees where similar notices are customarily posted:

(1) All locations licensed by the Alcohol Beverage Control Commission pursuant to chapter sixty of this code to allow consumption of alcoholic beverages, and exotic entertainment facilities as defined pursuant to chapter§60-4-23 60 of this code;

(2) ExoticPrimary entertainmentairports; facilities, as defined by §60-4-23 of this code;

(3) PrimaryPassenger airports;rail stations;

(4) PassengerBus rail stations;

(5) BusLocations stations;where gasoline and diesel fuel are sold;

(6) LocationsEmergency wheredepartments gasolinewithin andhospitals; diesel fuel are sold;

(7) EmergencyUrgent departmentscare withincenters; hospitals;

(8) UrgentLocations careat centers;which farm labor contractors and day haulers work, if such an establishment is available at those locations in which notices can be posted;

(9) LocationsPrivately atoperated whichjob farmrecruitment laborcenters; contractors and day haulers work, if a physical facility is available at those locations upon or in which notice can be posted;

(10) PrivatelyRest areas located along interstate highways in this state operated jobby recruitmentthe centers;Department of Highways;

(11) RestHotels; areas located along interstate highways in this state, operated by the Division of Highways;

and (12) Hotels;Any other business determined by legislative rule of the director as an effective public location to provide effective notice to victims of human trafficking.

and(b) (13)The Anydirector othershall businessprovide orat establishmentleast one hyperlink on its Internet website to downloadable posters that theare director8 determines,½ inches by legislative11 rule,inches isin ansize effectivethat locationprovide toinformation provideregarding noticethe toNational victimsHuman ofTrafficking humanResource trafficking.Center and includes the telephone number for the National Human Trafficking Resource Center hotline.

(b)These Requirementsdownloadable forposters postingmust ofbe notice.available in various languages, including English and Spanish.

– The notice required by this section must be posted in English, Spanish, and any other language determined by legislative rule by the director.

The notice must be posted in each public restroom for the business or establishment, and either in a conspicuous place near the public entrance of the business or establishment or in another location in clear view of the public and employees, where similar notices are customarily posted.

(c) The director shall provide hyperlinks on the division’s website to downloadable posters that are eight and one-half inches by 11 inches in size that provide information regarding the National Human Trafficking Resource Center and display the telephone number for the National Human Trafficking Resource Center hotline.

These downloadable posters must be available in English, Spanish, and any other language determined by legislative rule by the director.

(d) (c) Any law-enforcement officer, representative of the state health department or of a county health department, representative of the State Alcoholic Beverage Control Commission, representative of the Division of Labor, or other state representative inspecting a business or establishment or otherwise lawfully acting under his or her state authority, may notify, in writing, any business or establishment that it has failed to comply with the requirementsprovisions of this section.section and if it does not correct the violation within thirty days from the date of receipt of the notice, the owner shall be charged with a violation of this section and upon conviction is guilty of the misdemeanor offense and may be punished by a fine of not more than $250.  Upon a second or subsequent conviction, the owner is guilty of a misdemeanor and shall be punished by a fine not to exceed $500.

IfThe thenotice businessrequired orby establishmentthis doessubsection notmay correctbe thehand violationdelivered withinto 30 days from the datenoncomplying ofbusiness receiptor ofestablishment suchor writtenmailed notice,to the owneraddress shall be charged with a violation of thisthe sectionbusiness andor uponestablishment. conviction, is guilty of a misdemeanor offense and may be punished by a fine of not more than $250.

Upon(d) aFor second or subsequent conviction, the ownerpurposes is guilty of athis misdemeanorsection, and shallunless be punished by a finedifferent ofmeaning notis moreplainly thanrequired: $500.

The(1) notice“Production requiredof byagricultural thisproducts” subsectionmeans mustraising, begrowing, deliveredharvesting, to the noncomplying business or establishmentstoring byof certifiedcrops; mail, with return receipt requested.

(e)feeding, Forbreeding, theor purposesmanaging oflivestock, thisequine, section,or andpoultry; unless a different meaning is plainly required:

(1)producing “Day hauler” means any person who is employed by a farm labor contractor to transport, or who,storing feed for ause fee, transports, by motor vehicle, workers to render personal services in connection with the production of anylivestock; farm products to, for, or under the direction of a third person;

(2) “Day hauler” means any person who is employed by a farm labor contractor to transport, or who, for a fee, transports, by motor vehicle, workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person;

(2)(3) “Farm labor contractor” means any person who, for a fee, employs workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person, or who recruits, solicits, supplies, or hires workers on behalf of an employer engaged in the growing or producing of farm products, and who, for a fee, provides in connection therewith one or more of the following services:

(3)(4) “Hospital”“Hotel” shallmeans haveany theestablishment samewhich meaningoffers asovernight setaccommodations forth in §16-2D-2(21)exchange offor thisa code.monetary payment to the public;

(4) “Hotel” means any establishment which offers overnight accommodations to the public in exchange for a monetary payment;

§section 58 47102(16);

and (6) “Production“Truck ofstop” agriculturalmeans products”a meansprivately raising,owned growing,and harvesting,operated facility that provides food, fuel, shower or storingother ofsanitary crops;facilities, and lawful overnight truck parking;

feeding,(7) breeding,“Hospital” orshall managinghave livestock,the equine,same ormeaning poultry;as set forth in West Virginia Code §16-2D-2(21).

producing  orNOTE: storing feed for use in the production of livestock.