HOUSE OF REPRESENTATIVES

H.B. NO.

1724

TWENTY-NINTH LEGISLATURE, 2018

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.  Section 371-20, Hawaii Revised Statutes, is amended to read as follows:

     "§371-20  National Human Trafficking Resource Center hotline; posting requirement; penalty.  (a)  Every employer specified in subsection (b) shall post and keep posted in a place readily accessible to individuals in the employer's employ a poster no smaller than eight and one-half inches by eleven inches in size that states the following:

"If you or someone you know is being forced to engage in any activity and cannot leave – whether it is commercial sex, housework, farm work, or any other similar activity – call the National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services.

Victims of human trafficking are protected under United States and Hawaii law.

The hotline is:

     (1)  Available twenty-four hours a day, seven days a week;

     (2)  Toll-free;

     (3)  Operated by a nonprofit, nongovernmental organization;

     (4)  Anonymous and confidential;

     (5)  Accessible in one hundred seventy languages; and

     (6)  Able to provide help, referral to services, training, and general information."

     (b)  For purposes of this section, "employer" means any person that:

     (1)  Holds a class 5 or class 11 liquor license pursuant to section 281-31;

     (2)  Maintains a massage therapy establishment that employs [five] three or more people; or

     (3)  Employs one or more erotic or nude massagers or exotic or nude dancers as defined in section 712-1210.

(c)  A poster required under subsection (a) shall be printed in English and the director may supplement the required information.

     (d)  The department shall make available on its public website an electronic version of the poster required by subsection (a) for employers to print.

     (e)  Any employer who [wilfully and knowingly] fails, neglects, or refuses to perform any act required by this section shall be fined [not more than $100] $500 for the first offense and $1,000 for each separate offense[.] thereafter.  Each day the violation continues shall constitute a separate offense.  All penalties collected under this subsection shall be deposited in the human trafficking victim services fund pursuant to section 706-650.5.  Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.

     (f)  The department may contract with any state or county department or agency, including but not limited to the county liquor commissions, for the purposes of implementing or enforcing this section."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2050.



 

Report Title:

National Human Trafficking Resource Center Hotline

 

Description:

Expands the poster requirement to massage therapy establishments that employ three or more people.  Increases the penalties for violations of the poster requirement and deposits the penalties in the human trafficking victim services fund.  Allows the Department of Labor and Industrial Relations to contract with any state or county department or agency for implementation or enforcement.  (HB1724 HD1)

 

 

 

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