North Dakota Code 54-12-33.1 – Human trafficking prevention training – Exemptions – Immunity – Continuing appropriation
1. As used in this section:
Terms Used In North Dakota Code 54-12-33.1
- Bequest: Property gifted by will.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
a. “Human trafficking” means human trafficking as defined in chapter 12.1-41.
b. “Human trafficking commission” means the commission established under section 54-12-33.
c. “Lodging establishment” means any hotel, motel, resort, building, or structure that is used to provide sleeping accommodations to transient guests.
d. “Proprietor” means the person in charge of a lodging establishment and includes an owner, lessee, and manager.
2. Within ninety days of the effective date of this section, the human trafficking commission shall establish an educational training program with a focus on the accurate and prompt identification and reporting of, or response to, suspected human trafficking. To the extent possible, the human trafficking commission shall allow the use of existing training modules and materials. The training must include:
a. Human trafficking awareness; b. How to recognize potential victims of human trafficking; c. How to identify activities commonly associated with human trafficking; and
d. Effective responses to human trafficking situations, including how to report suspected human trafficking to law enforcement.
3. A proprietor may:
a. Provide each onsite employee with the training described in subsection 2.
b. In an employee roster or in each employee’s personnel file, annually certify each employee has received the training approved by the human trafficking commission.
c. Conduct an ongoing awareness campaign for employees which addresses the information described in subsection 2.
4. A proprietor may post and maintain a poster approved and provided by the human trafficking commission which contains the information described in subsection 2. The poster must include the contact information for an organization that provides assistance and support services to human trafficking victims. The poster may be visibly displayed at the lodging establishment’s check-in area, lobby, or transient guest services.
5. A proprietor or employee of a lodging establishment who acts in good faith is immune from liability in any civil action for reporting suspected human trafficking activities.
6. The human trafficking commission may seek, apply for, accept, and receive any donation, gift, grant, or bequest offered or tendered from public or private sources for the purpose of furthering the objectives of the human trafficking prevention training and incentivizing proprietors to participate in the human trafficking prevention training.
All moneys received or accepted under this subsection are appropriated on a continuing basis to the human trafficking commission.