SENATE, No. 280

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 


 

Sponsored by:

Senator  THOMAS H. KEAN, JR.

District 21 (Morris, Somerset and Union)

Senator  NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

 

Co-Sponsored by:

Senators Singleton, A.M.Bucco, Stack, Ruiz, Cunningham, Pennacchio, Gopal, Pou, Brown, Cryan and Bateman

 

 

 

 

SYNOPSIS

     Directs the development and posting of notices containing information for victims of human trafficking.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning posting notices to enable victims of human trafficking to obtain help and services and amending and supplementing P.L.2013, c.51.

 

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

 

     1.    Section 1 of P.L. 2013, c.51 (C.52:17B-237) is amended to read as follows:

     1.    a.  There is hereby created, in the Division of Criminal Justice in the Department of Law and Public Safety, a commission to be known as the Commission on Human Trafficking, consisting of 15 members as follows: the Attorney General, or his designee; the Commissioner of Children and Families, or his designee; the Commissioner of Human Services, or his designee; a county prosecutor, appointed by the Governor based upon the recommendation of the County Prosecutors Association of the State of New Jersey; one member of the New Jersey Human Trafficking Task Force established within the Department of Law and Public Safety, designated by the Attorney General; two public members appointed by the Governor based upon the recommendation of the Senate President, one representing law enforcement and one representing a victim's assistance organization; one public member appointed by the Governor based upon the recommendation of the Senate Minority Leader representing either a non-profit health care facility or mental health services; two public members appointed by the Governor based upon the recommendation of the Speaker of the General Assembly, one representing law enforcement and one representing a victim's assistance organization; one public member appointed by the Governor based upon the recommendation of the Assembly Minority Leader representing either a non-profit health care facility or mental health services; and four public members appointed by the Governor, one of whom shall be a representative of a child advocacy organization concerning missing, abducted, or exploited children, and one of whom shall be a human trafficking survivor.  All public members shall have experience with, possess a background in, or demonstrate a specialized knowledge of, the legal, policy, educational, social, or psychological aspects of human trafficking.

     b.    (1)  Of the public members first appointed:

     (a)   the following shall serve for a term of three years:  one member appointed upon the recommendation of the Senate President; one member appointed upon the recommendation of the Speaker of the General Assembly; and two members appointed by the Governor; and

     (b)   the following shall serve for a term of two years: one member appointed upon the recommendation of the Senate President; one member appointed upon the recommendation of the Speaker of the General Assembly; each member appointed upon the recommendation of the Senate and Assembly Minority Leaders; and two members appointed by the Governor.

     (c)   Upon the conclusion of the initial terms, each public member shall be appointed for a term of three years.

     (2)   Each member appointed shall hold office for the term of appointment and until a successor shall have been appointed and qualified.

     (3)   Any vacancy in the membership of the commission shall be filled by appointment in the same manner as the original appointment was made.

     c.     (1)  The commission shall organize upon the appointment of a majority of its authorized membership.  The members shall elect one of the members to serve as chair and vice-chair, and the chair may appoint a secretary, who need not be a member of the commission.

     (2)   The commission shall meet at those times and places within the State of New Jersey as the commission shall determine.  A majority of the commission's authorized membership shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission.

     d.    The members of the commission shall serve without compensation, but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties within the limits of funds appropriated or otherwise made available to the commission for its purposes.

     e.     The Division of Criminal Justice in the Department of Law and Public Safety shall, at the direction of the Attorney General, provide legal, stenographic, technical, clerical, and other staff and resource assistance to the commission, and additionally the commission may incur expenses as may be necessary in order to perform its duties within the limits of funds appropriated or otherwise made available to it for its purposes.

     f.     It shall be the duty of the commission to:

     (1)   Evaluate the existing law concerning human trafficking and the enforcement thereof, and to make recommendations for legislation, if appropriate;

     (2)   Review existing victim assistance programs and analyze the costs, organization, and availability of these services for victims of human trafficking and to make recommendations for legislation, if appropriate;

     (3)   Promote a coordinated response by public and private resources for victims of human trafficking; and

     (4)   Develop mechanisms to promote public awareness of human trafficking, victim remedies and services, and trafficking prevention including the creation of a public awareness sign [promotion of] promoting the national, 24-hour toll-free hotline telephone service on human trafficking described under section 18 of P.L.2013, c.51 (C.2C:13-11), and the promotion of training courses and other educational materials for use by persons required under section 19 of P.L.2013, c.51 (C.2C:13-12) to undergo training on the handling of and response procedures for suspected human trafficking activities.

     g.    The commission shall report annually to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), its activities, as well as its findings and recommendations for any needed new services or resources for victims of human trafficking, and any proposed changes to the current law concerning human trafficking.

(cf: P.L.2013, c.51, s.1)

 

     2.    (New section) Display of Human Trafficking Public Awareness Sign; Penalty for Failure to Display.

     a.     Pursuant to section 1 of P.L. 2013, c.51 (C.52:17B-237), the Commission on Human Trafficking shall develop and determine the language for a public awareness sign that contains the national, 24-hour toll-free hotline telephone service on human trafficking described under section 18 of P.L.2013, c.51 (C.2C:13-11) and otherwise meets the requirements contained in subsection d. of this section.  The public awareness sign shall be revised and modified by the Commission from time to time as need may require. 

     b.    The following establishments to the extent practicable shall display the public awareness sign described in subsection a. in a place that is clearly conspicuous and visible to employees and the public:

     (1)  Strip clubs or sexually oriented businesses as defined in subsection a. of section 2 of P.L.1995, c.167 (2C:33-12.2), including, but not limited to, within every dressing room and within every restroom and restroom stall;

     (2)  Places of business of employers of massage or bodywork therapists, which employers are subject to registration, and which therapists are subject to licensure, pursuant to P.L.1999, c.19 (C.45:11-53 et seq.) and section 13 of P.L.2007, c.337 (C.45:11-68 et al.), including, but not limited to, within every dressing room and within every restroom and restroom stall;

     (3) Bars;

     (4) Airports;

     (5) Passenger rail or light rail stations;

     (6) Bus stations;

     (7) Welcome Centers;

     (8) Truck stops;

     (9) Weigh Stations;

     (10) Emergency rooms within general acute care hospitals;

     (11) Urgent care centers;

     (12) Farm labor contractors and day haulers;

     (13) Privately operated job recruitment centers;

     (14) Service areas and safety rest areas located along interstate highways in New Jersey;

     (15) All forms of public transportation, including every railroad passenger car; and

     (16) Hotels, motels, bed and breakfast establishments, campsites, and similar places of public accommodation.

     c.     Owners and operators of private and public school buses are encouraged to display the public–awareness sign described in subsection a. in a place that is clearly conspicuous and visible to students.

     d.    The public awareness sign to be posted pursuant to subsection b. shall be no smaller than eight and one-half inches by eleven inches in size, printed in 16-point font, in English and Spanish

     e.     A business or establishment that fails to comply with the requirements of this section shall be liable for a civil penalty of $300 for a first offense and $1000 for each subsequent offense.

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill amends the “Human Trafficking Prevention, Protection, and Treatment Act,” to direct the Commission on Human Trafficking to broaden its mission of developing public awareness of human trafficking to include awareness of victim remedies and services including the creation of a public awareness sign.  The commission would develop and determine the language for the public awareness sign that contains the national, 24-hour toll-free hotline telephone service on human trafficking and meets the requirements set forth in the bill.  The public awareness sign would be revised and modified by the commission from time to time as need may require.

     The bill further requires certain establishments to the extent possible to post the public awareness sign in a place that is clearly conspicuous and visible.  A business or establishment that fails to comply would be liable for a civil penalty of $300 for a first offense and $1000 for each subsequent offense.