June 12, 2018, Introduced by Reps. Geiss, Sabo, Cochran, Chang, Guerra, Lasinski, Brinks, Greig, Love, Green, Pagan, Yancey, Gay-Dagnogo, Wittenberg, Rabhi and Jones and referred to the Committee on Law and Justice.
A bill to amend 2016 PA 62, entitled
"Human trafficking notification act,"
by amending sections 2, 3, 4, 5, 6, 7, and 9 (MCL 752.1032,
752.1033, 752.1034, 752.1035, 752.1036, 752.1037, and 752.1039) and
by adding section 3a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
(c) "Hotel" means a building or structure kept, used,
maintained as, or held out to the public to be an inn, hotel, or
public lodging house.
(d)
(c) "Human trafficking notice" means the
notice described
in
section 5.5(1).
(e) "Public school" means that term as defined in section 5 of
the revised school code, 1976 PA 451, MCL 380.5. Public school
includes a public school academy as that term is defined in section
5 of the revised school code, 1976 PA 451, MCL 380.5.
(f) "Workplace human trafficking notice" means the notice
described in section 5(2).
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.
(c)
Public airports.A public
airport.
Sec. 3a. (1) Hotels and public schools operating in this state
shall post workplace human trafficking notices on hotel and public
school premises in the manner described in this section and as
required by the department under this act.
(2) A hotel and a public school shall post a workplace human
trafficking notice in areas designated as accessible to employees
of the hotel or public school only. The notice required under this
section must provide hotel employees and public school employees
with the following information:
(a) Circumstances that may indicate that an individual,
including a hotel guest, employee of the hotel, public school
student, or public school employee is involved in or is the victim
of human trafficking.
(b) Information on the appropriate manner in which to alert a
law enforcement agency or other authority regarding potential human
trafficking activities.
Sec.
4. (1) The human trafficking notice required under this
act
shall section 3 must 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.
(2) The workplace human trafficking notice required under
section 3a must be posted in a conspicuous manner clearly visible
to the employees within a facility described in section 3a.
Sec. 5. (1) A human trafficking notice required to be posted
under
this act shall section 3
must 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 National Human
Trafficking Resource center hotline is available to receive phone
calls 24 hours a day, 7 days a week. The victims of human
trafficking are protected under U.S. laws and the laws of this
state.".
(c) Be of durable construction.
(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.
(2) A workplace human trafficking notice required to be posted
under section 3a must meet the following requirements:
(a) Satisfy all of the requirements listed under subsection
(1).
(b) Provide a listing of circumstances or factors, as
determined by the department, that may indicate that an individual,
including a hotel guest, employee of the hotel, public school
student, or public school employee is involved in or the victim of
human trafficking, including human trafficking related to labor and
human trafficking related to sex.
Sec. 6. The department shall post on its departmental website
a
sample of the notice human
trafficking notice and the workplace
human
trafficking notice described in section
5. , which shall The
notices described in section 5 must be available for downloading
for purposes of this act.
Sec. 7. The department shall provide each entity described in
section 3 or 3a with written notice of the requirements of this
act.
Sec. 9. (1) If the department determines that an entity
described in section 3 or 3a 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 is subject to a
civil fine of 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 is
subject to a civil fine
of not more than $500.00.
(3) A fine collected under this section must be deposited in
the human trafficking victim assistance fund created in section 3
of the human trafficking victim assistance fund act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 6156 (request no.
01481'17) of the 99th Legislature is enacted into law.