HB 1960

HOUSE OF REPRESENTATIVES
H.B. NO.
1960
THIRTY-THIRD LEGISLATURE, 2026
H.D. 2
STATE OF HAWAII
S.D. 1
C.D. 1
A BILL FOR AN ACT
RELATING TO HUMAN TRAFFICKING.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF HAWAII:
���� SECTION
1.� Chapter 28,
Hawaii Revised Statutes, is amended by adding a new section to part
XIII to be appropriately designated and to read as follows:
���� "�28-   � Human
trafficking awareness
training program; transient
accommodations sector. �(a)� No later than July 1, 2027, the department of the attorney general shall develop a human trafficking awareness training program for the purpose of educating and training
workers in the transient accommodations sector.�
The training program shall
include but not be limited to the following
components:
���� (1)� Definitions
of human trafficking and the commercial exploitation of children;
���� (2)� Explanation
of the differences between labor trafficking
and sex trafficking, as they relate to the
transient accommodations sector;
���� (3)� Guidance on indicators
of human trafficking, including the identification of:
��������� (A)� Individuals
who may be vulnerable to or are victims of human trafficking;
and
��������� (B)� Individuals
who may be engaged in human trafficking
activity;
���� (4)� Guidance on the
appropriate response and reporting procedures for transient
accommodations workers when indicators of human trafficking
are observed; and
���� (5)� Contact information for:
��������� (A)� The
National Human Trafficking Hotline toll‑free number and text line;
and
��������� (B)� Appropriate
local law enforcement agencies.
���� (b)� A transient accommodations employer or transient accommodations third-party
contractor may submit a human trafficking awareness training program
developed by a party other than the department of the attorney general for
approval by the department as an alternative to the training program developed
pursuant to subsection (a).� The
department of the attorney general shall not approve any externally developed
training program unless it complies with all the requirements of subsection
(a).� The department of the attorney
general shall review the externally developed training program and either
approve or disapprove its use within sixty days of written receipt of the
externally developed training program.
���� (c)� For the
purposes of this section:
���� "Transient accommodations" has the same meaning
as in section 237D‑1.
���� "Transient accommodations employer" has
the same meaning as in section 353C-   .
���� "Transient accommodations third-party contractor" has the same meaning as in section
353C-   ."
���� SECTION
2.� Chapter 353C,
Hawaii Revised Statutes, is amended by adding a new section to be appropriately
designated and to read as follows:
���� "�353C-   � Human
trafficking awareness; transient accommodations sector; training; records; signage;
reporting; penalties.� (a)� No later than December 1, 2027, every transient accommodations employer or transient accommodations
third-party contractor shall provide human trafficking awareness training developed or approved pursuant to section 28-    to its employees and contract workers, as applicable, within one hundred eighty days of employment or placement, as applicable, and at least every two years thereafter.
���� (b)� Each
transient accommodations employer and transient accommodations third-party
contractor providing human trafficking awareness training under this section shall
maintain records documenting the completion of the required training by its employees and contract workers, as applicable, pursuant to rules adopted by the department.� The
director or the director's authorized representative shall, for
the purpose of examination, have access to and the right to copy the
records. �Every
transient accommodations employer and transient accommodations third-party
contractor shall furnish to the director or the director's
authorized representative any information relating to the training of employees and contract workers pursuant to this section in any manner as the director may prescribe.
���� (c)� No later than January
1, 2028, every transient accommodations employer and transient accommodations third-party contractor shall post and
keep posted in a conspicuous place readily accessible to its
employees and contract workers, as applicable, signage regarding human
trafficking awareness in a form prescribed by the department by
rule; provided that the signage shall be printed in an easily legible font in
English and any other language spoken by at least ten per cent of its
employees and contract workers.
���� (d)� No later than September 1, 2027, every
transient accommodations employer and transient
accommodations third-party contractor shall
develop and implement a human trafficking prevention policy that
shall:
���� (1)� Apply
to all of its employees
and contract workers, as applicable; and
���� (2)� Include
procedures for the reporting of suspected human trafficking to the
National Human Trafficking Hotline or to a local law enforcement agency.
���� (e)� A transient accommodations employer
or its employee or a transient
accommodations third-party contractor or its contract
worker who in good faith
complies with this section or reports suspected human trafficking pursuant
to policies adopted pursuant to this section shall not be subject
to civil or criminal liability for any act or omission arising out of or
related to human trafficking committed by a third party,
unless the employer, third-party contractor, employee, or
contract worker knowingly assists in the
commission of human trafficking.
���� (f)� Any transient
accommodations employer or transient
accommodations third-party contractor who violates
this section shall be fined no more than $100 for each separate
offense.� Each day the violation
continues shall constitute a separate offense.�
Any action taken to impose or collect the penalty provided for in this
subsection shall be considered a civil action.
���� (g)� The department shall,
in consultation with the department of the attorney general, adopt rules
pursuant to chapter 91 necessary to carry out the purposes of this
section.
���� (h)� For purposes of this section:
���� "Contract
worker" means an individual employed by a transient accommodations third-party contractor
who, pursuant to a contract for services with a transient
accommodations employer, has contact with guests or access to guest rooms of
the transient accommodations.
���� "Employee"
means an individual employed by a transient accommodations employer who has
contact with guests or access to guest rooms of the transient accommodations.
���� "Transient
accommodations" has the same meaning as in section 237D-1.
���� "Transient
accommodations employer" means an employer that owns, operates, manages,
or controls transient accommodations located in the State, and:
���� (1)� Employs
one or more employees; or
���� (2)� Contracts
with a transient accommodations third‑party contractor for the services
of one or more contract workers.
���� "Transient
accommodations third-party contractor" means any person who, for a fee
or other valuable consideration exacted, charged, or received, furnishes or
supplies contract workers for placement with a transient accommodations employer
upon request."
���� SECTION
3.� New statutory material is
underscored.
���� SECTION
4.� This Act shall take effect upon its
approval.
Report Title:
AG; DLE;
Human Trafficking Awareness; Transient Accommodations Sector; Training; Signage; Reporting;
Penalties; Rules
Description:
Requires the Department of the Attorney General to develop a Human Trafficking Awareness
Training Program, or approve externally
developed programs, to educate and train workers in the transient
accommodations sector.� Requires transient accommodations employers
or transient accommodations
third-party contractors
to periodically provide
the human
trafficking awareness training to certain employees and contract workers, keep records of the training, post
signage, and develop and implement a human trafficking prevention policy that includes procedures for the reporting of
suspected human trafficking.� Establishes
penalties.� Requires the Department of Law Enforcement to
adopt rules.� (CD1)
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