A2338

An Act concerning certain training regarding human trafficking and amending P.L.2013, c.51.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 19 of P.L.2013, c.51 (C.2C:13-12) is amended to read as follows:

19. a. The Police Training Commission, in consultation with the Attorney General and the Director of the Division of Criminal Justice in the Department of Law and Public Safety, shall develop and approve, as part of the police training courses required pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), courses of study on the handling, response procedures, investigation, and prosecution of human trafficking cases. The courses shall include, at a minimum, a demonstration of and information regarding known signs and signals that may be used or communicated by victims of human trafficking seeking assistance or may be observed by individuals in public spaces. These courses shall be reviewed at least once every two years and modified from time to time as need may require.

b. (1) The Department of Community Affairs, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237), shall develop, approve, and provide for a one-time training course on the handling and response procedures of suspected human trafficking activities for owners, operators, and staff of hotels and motels as defined in the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.); or alternatively, the department, in consultation with the commission, shall approve a substantially similar one-time training course for use by hotels and motels in providing training to owners, operators, and staff. The department, in consultation with the commission, shall define by regulation which staff positions are required, as a condition of employment, to attend the one-time training course. Verifiable completion of the training course by required staff shall be a condition of issuance, maintenance, or renewal of any license, permit, certificate, or approval required, permitted to be granted, or issued to owners or operators under the provisions of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.). The training course shall include, at a minimum, a demonstration of and information regarding known signs and signals that may be used or communicated by victims of human trafficking seeking assistance or may be observed by individuals in public spaces. The training course shall be reviewed at least once every two years and modified by the department, in consultation with the commission, from time to time as need may require.

(2) The Department of Community Affairs, through its oversight and enforcement authority provided under the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), shall be responsible for ensuring that all hotel and motel owners, operators, and required staff attend the one-time training course within one year of the enactment of this section in the case of all current owners, operators, and required staff engaging in their respective profession on the effective date of this section, and within six months of the first day of ownership, operation, or employment for all new owners, operators, and required staff who initially engage in their respective profession on a date that follows the effective date.

(3) The Department of Community Affairs shall make available the training materials for the one-time training course to hotel and motel owners, operators, and required staff in order for the owners, operators, and required staff to fulfill the one-time training requirement set forth in this subsection.

c. (1) The Department of Health, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237), shall develop, approve, and provide for a one-time training course on the handling and response procedures of suspected human trafficking activities for employees of every licensed health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2), including those professionals whose professional practice is regulated pursuant to Title 45 of the Revised Statutes; or alternatively, the department, in consultation with the commission, shall approve for use a substantially similar one-time training course provided by a recognized Statewide nonprofit healthcare trade association with demonstrated experience in providing course offerings to health care facility employees on similar workplace matters. The department, in consultation with the commission and the approved nonprofit course provider, if any, shall define by regulation which employees are required, as a condition of their employment, to attend the one-time training course. Verifiable completion of the training course by required employees shall be a condition of issuance, maintenance, or renewal of any license, permit, certificate, or approval required, permitted to be granted, or issued to licensed health care facilities under the provisions of P.L.1971, c.136 (C.26:2H-1 et al.). The training course shall include, at a minimum, a demonstration of and information regarding known signs and signals that may be used or communicated by victims of human trafficking seeking assistance or may be observed by individuals in public spaces. The training course shall be reviewed at least once every two years and modified by the department, in consultation with the commission and the approved nonprofit course provider, if any, from time to time as need may require.

(2) The Department of Health, through its oversight and enforcement authority provided under P.L.1971, c.136 (C.26:2H-1 et al.), shall be responsible for ensuring that all required employees of licensed health care facilities attend the one-time training course within one year of the enactment of this section in the case of all current employees engaging in their respective profession on the effective date of this section, and within six months of the first day of employment for all new employees who initially engage in their respective profession on a date that follows the effective date. If an approved nonprofit course provider is involved in providing the one-time training course to new employees who initially engage in their respective profession on a date that follows the effective date of this section, then the nonprofit course provider shall provide the training course at least once every six months in order for these employees to meet the six-month training deadline established by this paragraph.

(3) The Department of Health shall make available the training materials for the one-time training course to required employees, or to the approved nonprofit course provider, if any, in order for the required employees to fulfill the one-time training requirement set forth in this subsection.

d. (1) The Administrative Office of the Courts shall develop and approve a training course and a curriculum to raise awareness of judges and judicial personnel on the seriousness of the crime of human trafficking, its impact on human rights and the need to adequately implement anti-trafficking laws, including not only the prosecution and sentencing of defendants charged with human trafficking, but the need to respect and restore rights and needs of victims of human trafficking. The training course shall include, at a minimum, a demonstration of and information regarding known signs and signals that may be used or communicated by victims of human trafficking seeking assistance or may be observed by individuals in public spaces. This training course shall be reviewed at least once every two years and modified by the Administrative Office of the Courts from time to time as need may require.

(2) The Administrative Office of the Courts shall make the training course, curriculum, and supporting materials available to appropriate judges and judicial personnel who may be involved with the court-related aspects of human trafficking prosecutions through annual in-service judicial training programs or other means.

e. (1) The New Jersey Transit Corporation, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237), shall develop and provide a one-time training course for public transportation employees and motorbus operators of private entities under contract to the corporation to provide motorbus regular route service on the handling and response procedures for suspected human trafficking activities. Alternatively, the New Jersey Transit Corporation, in consultation with the commission, shall approve a substantially similar one-time training course provided by a recognized nonprofit association with demonstrated experience in providing course offerings to public transportation employees. The New Jersey Transit Corporation, in consultation with the commission and the approved nonprofit course provider, if any, shall establish by regulation which employees and motorbus operators of private entities under contract to the corporation to provide motorbus regular route service are required, as a condition of their employment or as a condition of the contract with the corportation , to attend the one-time training course. The New Jersey Transit Corporation, at the corporation’s discretion, may waive the training requirements of this subsection for a private entity under contract to the corporation to provide motorbus regular route service if the private entity requires its motorbus operators to complete an equal or greater training course on the handling and response procedures for suspected human trafficking activities. The training course required pursuant to this subsection shall include, at a minimum, a demonstration of and information regarding known signs and signals that may be used or communicated by victims of human trafficking seeking assistance or may be observed by individuals in public spaces. The training course shall be reviewed at least once every two years and modified as needed by the New Jersey Transit Corporation, in consultation with the commission and the approved nonprofit course provider, as appropriate.

(2) The New Jersey Transit Corporation shall be responsible for ensuring that all its required employees attend the one-time training course within two years of the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill) in the case of all current employees engaging in their respective profession on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and within six months of the first day of employment for all new employees who initially engage in their respective profession after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). If an approved nonprofit course provider is involved in providing the one-time training course to new employees who initially engage in their respective profession after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), then the nonprofit course provider shall provide the training course at least once every six months in order for these employees to meet the six-month training deadline.

Each contract entered into after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) between the corporation and a private entity to provide motorbus regular route service shall include a requirement that motorbus operators of the private entity that provides motorbus regular route service under such contract shall attend the one-time training course, unless such requirement is waived pursuant to the provisions of this subsection.

(3) The New Jersey Transit Corporation shall make available to public transportation employees and private entities under contract to the corporation to provide motorbus regular route service the training materials for the one-time training course.

f. Pursuant to section 2 of P.L.2013, c.51 (C.52:17B-238), the Attorney General, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237), may provide for the expenditures of monies from the "Human Trafficking Survivor's Assistance Fund" to assist with the development, maintenance, revision, and distribution of training course materials for the courses developed in accordance with this section, and the operation of these training courses.

(cf: P.L.2013, c.51, s.19)

2. This act shall take effect on the 90thday following enactment and shall not affect any current contracts between the corporation and a private entity to provide motorbus regular route service that were entered into prior to the effective date of this act.

STATEMENT

This bill requires public transportation employees to complete a training course on how to handle and respond to suspected human trafficking.

Under the bill, the New Jersey Transit Corporation (corporation), in consultation with the Commission on Human Trafficking (commission), is required to develop and provide a one-time training course for public transportation employees on how to handle and respond to suspected human trafficking activities. Alternatively, the corporation, in consultation with the commission, is required to approve a substantially similar one-time training course provided by a recognized nonprofit association with demonstrated experience in providing course offerings to public transportation employees. The corporation, in consultation with the commission and the approved nonprofit course provider, if any, is required to establish which employees are required to attend the one-time training course as a condition of their employment, review the training course at least once every two years, and modify the training course as needed.

Under the bill, the corporation is responsible for ensuring that all required employees attend the one-time training course as specified within the bill. Additionally, the corporation is required to make the training materials for the one-time training course available to public transportation employees.

The bill also requires certain motorbus operators of private entities under contract to the New Jersey Transit Corporation to provide motorbus regular route service to attend a one-time training course on human trafficking, as developed and provided by the corporation and allow the corporation the discretion to waive the training requirement for motorbus operators of private entities under contract the corporation to provide motorbus regular route service if the private entity requires its motorbus operators to complete an equal or greater training course on the handling and response procedures for suspected human trafficking activities. The bill also requires the corporation to establish which contracted motorbus operators are required to attend the one-time training course and clarify that the corporation is responsible for ensuring all its employees attend the one-time training course. Additionally, the bill precludes current contracts between the corporation and a private entity to provide motorbus regular route service that were entered into prior to the effective date of the bill from the requirements of this bill.

The bill also provides that any human trafficking training courses are required to include, at a minimum, a demonstration of and information regarding known signs and signals that may be used or communicated by victims of human trafficking seeking assistance or may be observed by individuals in public spaces.