HB-5107, As Passed House, March 24, 2016HB-5107, As Passed Senate, March 24, 2016

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5107

A bill to create the human trafficking notification act; to

require the posting of certain notices relating to human

trafficking; to prescribe the powers and duties of certain state

and local departments and agencies; and to provide a remedy.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the "human

trafficking notification act".

Sec. 2. As used in this act:

(a) "Adult entertainment establishment" means either of the

following:

(i) An adult entertainment establishment that holds a topless

activity permit under section 916(3) of the Michigan liquor control

code of 1998, 1998 PA 58, MCL 436.1916.

(ii) Any other retail establishment that provides adult-

oriented entertainment in which performers disrobe or perform in an

unclothed state for entertainment.

(b) "Department" means the department of licensing and

regulatory affairs.

section 5.

Sec. 3. (1) The department of transportation shall post a

human trafficking notice on the premises of each rest stop and

welcome facility in this state in the manner described in this act

and as required by the department under this act.

(2) Each local unit of government that operates a rest stop or

welcome facility shall post a human trafficking notice on the

premises of that rest stop or welcome facility in the manner

described in this act and as required by the department under this

act.

(3) Each local unit of government, or authority allowed by

law, that provides bus or rail transportation services to the

public shall post a human trafficking notice on the premises of any

station that provides those services in the manner described in

this act and as required by the department under this act.

(4) Each of the following shall post a human trafficking

notice on its premises in the manner described in this act and as

required by the department under this act:

(a) Any entity that owns property that has been found by a

court to constitute a public nuisance due to acts of prostitution

or human trafficking being conducted on the property or arising out

of the ownership or use of the property.

(b) An adult entertainment establishment.

Sec. 4. The human trafficking notice required under this act

shall be posted in a conspicuous manner clearly visible to the

public and employees within each facility operated by an entity

described in section 3 that is open to use by the public.

Sec. 5. A human trafficking notice required to be posted under

this act shall meet the following requirements:

(a) Be of a design and style to provide proper notice under

this act.

(b) Be no smaller than 8-1/2 inches by 11 inches and contain

the following notice in boldfaced type of not less than a 14-point

font determined appropriate by the department:

"If you or someone you know is being forced to engage in any

activity and cannot leave, whether the activity is commercial sex,

housework, farm work, or any other activity, please contact the

National Human Trafficking Resource Center hotline at 1-888-373-

7888 or text 233733 to access help and services. The victims of

human trafficking are protected under U.S. laws and the laws of

this state.".

(d) Be posted in the English and Spanish languages and in any

other language determined appropriate by the department in

consultation with the attorney general. The department may require

the posting of other languages under this subdivision in specified

areas of this state due to the languages used within those

specified areas.

Sec. 6. The department shall post on its departmental website

a sample of the notice described in section 5, which shall be

available for downloading for purposes of this act.

Sec. 7. The department shall provide each entity described in

section 3 with written notice of the requirements of this act.

Sec. 8. This act does not apply unless sufficient funds are

appropriated to the department to allow it to carry out the duties

required under this act.

Sec. 9. (1) If the department determines that an entity

described in section 3 has failed to comply with the notice

requirements of this act, the department shall notify the entity

that it is in violation of this act and provide the entity with 48

hours to come into compliance with this act.

(2) If the entity under subsection (1) is subsequently

notified a second time of a failure to comply with the requirements

of this act within 1 year of the previous notification, the entity

may be fined not more than $250.00. If the same entity is notified

a third time of a failure to comply with the requirements of this

act within 1 year of the previous 2 notifications, the entity may

be fined not more than $500.00.

Sec. 10. The department may promulgate rules to implement this

act.

Enacting section 1. This act takes effect 90 days after the

date it is enacted into law.