HUMAN TRAFFICKING CHANGES. (NEW)

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View NCGA Bill Details2023-2024 Session
House Bill 971 (Public) Filed Wednesday, May 1, 2024
AN ACT DIRECTING THE DEPARTMENT OF LABOR TO DEVELOP HUMAN TRAFFICKING AWARENESS TRAINING, REQUIRING LODGING ESTABLISHMENTS, ACCOMMODATION FACILITATORS, AND PROPERTY MANAGERS FOR VACATION RENTALS TO IMPLEMENT HUMAN TRAFFICKING AWARENESS TRAINING, INCREASING THE PUNISHMENT FOR A FIRST OFFENSE OF SOLICITING A PROSTITUTE, MODIFYING LAWS RELATED TO HUMAN TRAFFICKING, AND MODIFYING THE DEFINITION OF VICTIM IN THE CRIME VICTIM'S COMPENSATION ACT.
Intro. by Crutchfield, Reeder, Arp, Sasser.

Status: Ch. SL 2024-26 (Jun 28 2024)

SOG comments (3):

Long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT DIRECTING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO DEVELOP HUMAN TRAFFICKING AWARENESS TRAINING, REQUIRING LODGING ESTABLISHMENTS AND ACCOMMODATION FACILITATORS TO IMPLEMENT HUMAN TRAFFICKING AWARENESS TRAINING, AND INCREASING THE PUNISHMENT FOR A FIRST OFFENSE OF SOLICITING A PROSTITUTE.

Long title change

Committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT DIRECTING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO DEVELOP HUMAN TRAFFICKING AWARENESS TRAINING, REQUIRING LODGING ESTABLISHMENTS, ACCOMMODATION FACILITATORS, AND LANDLORDS OR REAL ESTATE BROKERS FOR VACATION RENTALS TO IMPLEMENT HUMAN TRAFFICKING AWARENESS TRAINING, AND INCREASING THE PUNISHMENT FOR A FIRST OFFENSE OF SOLICITING A PROSTITUTE.

Long title change

House committee substitute to the 2nd edition changed the long title. Previous title was AN ACT DIRECTING THE DEPARTMENT OF LABOR TO DEVELOP HUMAN TRAFFICKING AWARENESS TRAINING, REQUIRING LODGING ESTABLISHMENTS, ACCOMMODATION FACILITATORS, AND PROPERTY MANAGERS FOR VACATION RENTALS TO IMPLEMENT HUMAN TRAFFICKING AWARENESS TRAINING, AND INCREASING THE PUNISHMENT FOR A FIRST OFFENSE OF SOLICITING A PROSTITUTE.

Bill History:

H 971/S.L. 2024-26

Bill Summaries:

  • Summary date: Jul 1 2024 - View Summary

    AN ACT DIRECTING THE DEPARTMENT OF LABOR TO DEVELOP HUMAN TRAFFICKING AWARENESS TRAINING, REQUIRING LODGING ESTABLISHMENTS, ACCOMMODATION FACILITATORS, AND PROPERTY MANAGERS FOR VACATION RENTALS TO IMPLEMENT HUMAN TRAFFICKING AWARENESS TRAINING, INCREASING THE PUNISHMENT FOR A FIRST OFFENSE OF SOLICITING A PROSTITUTE, MODIFYING LAWS RELATED TO HUMAN TRAFFICKING, AND MODIFYING THE DEFINITION OF VICTIM IN THE CRIME VICTIM'S COMPENSATION ACT. SL 2024-26. Enacted June 28, 2024. Sections 1 and 2 are effective July 1, 2025. The remainder is effective June 28, 2024, except as otherwise provided.


  • Summary date: Jun 20 2024 - View Summary

    Senate amendment to the 4th edition makes the following changes. 

    Section 5

    Amends GS 14-43.17(victim confidentiality) to remove carve out for court orders to seal documents or parts thereof in a court file in exception to confidentiality provisions under GS 14-43.17. Limits motions for victim confidentiality to those criminal cases arising under Article 10A (pertaining to human trafficking) of GS Chapter 14 (was, any criminal case). Allows victims to file such motions either in the criminal case with the trial court in which the case was pending, in addition to the trial court where the case was most recently pending. Extends time for court to set a hearing from five business days from filing to ten business days from filing. Removes requirement that court direct moving party to notify the State and defendant of the motion and hearing, and puts onus on the movant to do so. Removes requirement that the Administrative Office of the Courts (AOC) develop policies and practices for effectuating court orders granting motions for victim confidentiality under GS 14-43.17.  Extends immunity under the section to Clerks of Superior Court and removes carve out for gross negligence.

    Section 7

    Extends deadline for State employees and officials to remove pornography on State devices from August 15, 2024, to January 1, 2025. Extends deadline for State Chief Information Officer to publish recommendations for appropriate viewing of pornography for the purposes authorized by GS 143-805(d), as enacted by the act from August 15, 2024, to January 1, 2025, and for public agencies, the judicial branch and legislative branch to adopt the policy required by GS 143-805(c) to no later than January 1, 2025 (was, October 1, 2024).

    Changes the effective date to October 1, 2024 (was, effective when it became law). 


  • Summary date: Jun 20 2024 - View Summary

    Senate committee substitute to the 3rd edition makes the following changes.

    Amends proposed Article 24, Human Trafficking Public Awareness in Lodging Establishments as follows.

    Amends proposed GS 130A-511 by also requiring lodging establishments to keep a training log with the name of the employee, training date, and name of the approved course. Requires that log to be available to the Department of Labor when requested and requires records for each employee to be retained for at least three years after the employee leaves employment. Also amends the timing of the required initial training by now requiring that employees of lodging establishments and third-party contractors that begin employment on or after July 1, 2025 (was, January 1, 2025), to complete training within 60 days of first providing services; those employed before July 1, 2025 (was, January 1, 2025), must complete the training by June 30, 2027 (was, December 31, 2026). Makes the same changes to the deadlines for the initial training for individuals working with vacation rental property and accommodation facilitators for vacation rentals under GS 42A-39. Makes conforming changes. Also amends GS 42A-39 to require that an accommodation facilitator’s report to the Department of Labor on the methods used to notify property managers of the statute’s requirements and their required compliance, be submitted with 30 days of request (was, report annually beginning by January 1, 2026).

    Changes the deadline for the Department of Labor to make the training program available electronically to no later than July 1, 2025 (was, no later than January 1, 2025).

    Removes the appropriations to the Administrative Office of the Courts (AOC) and Department of Labor.

    Changes the effective date of new GS 130A-511 and new GS 42A-39 from January 1, 2025, to July 1, 2025.

    Adds the following new content.

    Section 5

    Amends GS 14-43.17, which keeps confidential and excludes from public record the name, address, or other information that could lead to the identity of a victim, alleged victim or their immediate family member as follows.

    Provides that except as provided in new subsection e, the statute does not apply to records that have been made part of a court file in the custody of the General Court of Justice unless the court has entered an order to seal a document. Adds new (e) which allows a victim or alleged victim in a criminal case, or their parent, guardian, or counsel if they are under age 18, to file a motion for victim confidentiality in the criminal case with the trial court in which the case was most recently pending. Requires for cases that have not yet been disposed that the court set the hearing date for the motion within 5 days of its filing; for those that have previously been disposed, requires a hearing date to be set for the motion within 20 days business days of the motion’s filing. Gives the victim, State, and defendant the right to be heard at the hearing. Sets out five issues the court must consider in ruling on the motion, including the negative impacts on the victim if the motion is denied or upon the State or defendant if the motion is granted, and the press’ and public’s right of access to criminal case files. Provides that if the victim’s motion is granted, they retain all of the protections given to victims under the statute, but nothing restricts the court, State, or defendant from accessing this information during the pendency of the case or for the purposes of appeal. Limits the motion to information within the file of the criminal case pursuant to which the motion was filed and requires specifying which information will be confidential. Requires the AOC Director to develop policies and practices for effectuating court orders granting these motions; sets out requirements for these policies and practices.

    Specifies that AOC is not liable for damages for acts or omissions for its employees tasked with implementing this statute, unless there is gross negligence.

    Applies to victims of crimes occurring on or after October 1, 2024.

    Section 6

    Amends GS 50-13.1 by expanding upon the convictions that must be disclosed by a person instituting an action or proceeding for custody, to also include a human trafficking offense, involuntary servitude offense, sexual servitude offense, and sexual exploitation of a minor, in addition to the already listed sexually violent offense. Requires these disclosures when the action or proceeding is pursuant to GS Chapter 50 or otherwise (was, in an action or proceeding for custody ex parte). Adds that any person instituting an action or proceeding for custody who has been granted or denied custody of any minor child in any jurisdiction must disclose that fact in the pleadings. Where a nonparty is seeking custody of a minor or being given custody of a minor in a consent order, the nonparent must attest in the pleading or consent order that nothing of value has been paid, given, offered, or promised in exchange for the minor child. Effective December 1, 2024.

    Section 7

    Enacts new GS 143-805, providing as follows.

    Defines public agency as (1) all State agencies and offices of the members of the Council of State, including all boards, departments, divisions, constituent institutions of UNC, community colleges, and other units of government in the executive branch; (2) units of local government; (3) public authorities; and (4) public school units. Prohibits public agencies, the judicial branch, and the legislative branch, from allowing its employees to view pornography on the agency/branch’s network. Prohibits public agencies, judicial branch, and legislative branch from allowing an employee, elected official, or appointee to view pornography on a device owned, leased, maintained, or otherwise controlled by that agency/branch. Prohibits public agencies from allowing a student of that public agency to view pornography on a device owned, leased, maintained, or otherwise controlled by that agency. Sets out definitions for device, material, network, pornography, and sexual activity.

    Requires each public agency and the judicial and legislative branches to adopt a policy governing the use of networks and devices they own, lease, maintain, or control, including disciplinary actions that will be taken for violations. Requires the policies to be adopted by October 1, 2024.

    Excludes from these prohibitions employees or officials engaged in seven listed activities in the course of their official duties, including: investigating or prosecuting crimes, offering or participating in law enforcement training, or performing actions related to other law enforcement purposes; identifying potential security or cybersecurity threats; and conducting or participating in an externally funded research project at one of the UNC constituent institutions.

    Specifies that the statute does not apply to the user of an authorized account paying for use of communications services under Article 16A, Public Enterprises, of GS Chapter 160A.

    Requires each public agency to report annually to the State Chief Information Officer on the number of incidences of unauthorized viewing or attempted viewing of pornography on that public agency's network; whether or not the unauthorized viewing was by an employee, elected official, appointee, or student of that public agency; and whether or not any of the unauthorized viewing was on a device owned, leased, maintained, or otherwise controlled by that public agency. Requires the State Chief Information Officer to compile the information and report to the specified NCGA committee.

    Requires any employee, elected official, or appointee of a public agency with pornography saved to a device owned, leased, maintained, or otherwise controlled by that public agency to remove, delete, or uninstall the pornography by August 15, 2024; requires the same of any student of a public agency and legislative or judicial branch employees, elected officials, or appointees. Specifies that this does not apply to an official or employee engaged in any of the activities listed in GS 143-805 in the course of that official's or employee's official duties.

    Amends GS 14-456 (Class 1 misdemeanor for willfully and without authorization denying or causing the denial of computer, computer program, computer system, or computer network services to an authorized user) and GS 14-456.1 (Class H felony for any person to willfully and without authorization deny or cause the denial of government computer services) by excluding from those statutes the denial of pornographic viewing a required by new GS 143-805.

    Requires the State Chief Information Officer to publish recommendations for appropriate viewing of pornography for the purposes authorized in GS 143-805(d) by August 15, 2024.

    Section 8

    Requires the Division of Social Services, Department of Health and Human Services, to consult with the State Human Trafficking Commission, then expand, further develop, and implement trainings on human trafficking to provide guidance to county child welfare staff, county social services attorneys, county social services directors, and all social services staff. Specifies that the training and guidance may include, but is not limited to: (1) incorporation of training in all state Learning Management Systems, biannual webinars, and other regularly scheduled training calls; (2) training of County Departments of Social Services attorneys biannually at regularly scheduled conferences; and (3) inclusion of training in County Departments of Social Services Directors biannual regional meetings and ongoing regular monthly meetings.

    Section 9

    Amends GS 74G-2 to give a certified campus police agency access to the Criminal Justice Law Enforcement Automated Data System, unless contrary to any federal law, regulation or requirement, upon (1) request of the agency and (2) compliance with the requirements established by the GDA for access to that system. Applies to requests for access made on or after July 1, 2024.

    Section 10

    Enacts new GS 122A-22.1 to exclude from public records documents, papers, letters, photos, or any other information given to or compiled by the House Finance Agency for the purposes of financing housing for victims of domestic violence, sexual assault, and human trafficking.

    Section 11

    Amends GS 15B-2 to define victim, as it is used in the Crime Victim's Compensation Act, to also include a person who suffers economic loss or substantial emotion distress proximately caused by criminally injurious conduct. Applies to victims of crimes occurring on or after October 1, 2024.

    Makes organizational change and conforming changes to the act’s titles.


  • Summary date: Jun 19 2024 - View Summary

    The Senate committee substitute to the 3rd edition is to be summarized. 


  • Summary date: Jun 12 2024 - View Summary

    House committee substitute to the 2nd edition makes the following changes.

    Amends proposed GS 130A-511, concerning the required human trafficking awareness training, as follows. Adds the Department of Health and Human Services (DHHS) to the list of agencies that the Department of Labor (DOL) must consult with in developing the training.  Expands the formats in which the training is accessible to include in-person and classroom settings (currently, just electronic).  Requires that employees and third-party contractors performing housekeeping services of lodging establishments beginning employment on or after January 1, 2025, complete the training within 60 days of first providing services to the lodging establishment.  Narrows the persons subject to any penalty for willful and knowing violations of GS 130A-511 to lodging establishments and third-party contractors. 

    Adds defined term property manager (a landlord as defined in GS 42A-4 or real estate broker as defined in GS 93A-2 that has primary responsibility for the listing, supervision, or maintenance of a vacation rental; does not include a landlord that delegates all listing, supervisory, and maintenance responsibilities to a real estate broker) to GS 42A-39 (human trafficking awareness reporting and training requirements) and removes terms landlord and real estate broker. Now directs that the property manager implement a procedure for reporting suspected human trafficking (was, landlord). Removes requirement that any real estate broker or employees performing housekeeping or check-in/check-out services for the vacation rental take the human trafficking awareness training. Adds 60-day deadline from date of first providing services to the vacation rental for employees of the property manager hired on or after January 1, 2025, to complete the training. Specifies that the type of vacation rental which triggers the initial training deadline of December 31, 2026, are those rentals initially offered for lease prior to January 1, 2025 (was, rentals offered for lease prior to January 1, 2025). Changes the reporting entity for rentals listed through an accommodation facilitator to DOL (was, DHHS). Requires accommodation facilitators to submit a certification of compliance with their report to DOL (was, requirement to verify compliance). Narrows the persons subject to any penalty for willful and knowing violations of GS 42A-39 to property managers and third-party contractors. Makes it an unfair trade practice for a property manager to intentionally make a material misstatement in an acknowledgment of human trafficking awareness completion. 

    Changes the entity responsible for developing or identifying a human trafficking awareness training program that complies with the act from DHHS to DOL.

    Decreases the appropriation from the General Fund to the Administrative Office of the Courts from $500,000 to $450,000 in nonrecurring funds for the 2024-25 fiscal year. Appropriates $50,000 for 2024-25 from the General Fund to DOL to develop or identify the required training and to administer this act. 

    Makes conforming changes.    

    Changes the act’s long title.  


  • Summary date: May 22 2024 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Amends proposed GS 130A-511, concerning the required human trafficking awareness training, as follows. Requires that the training be available electronically for free to those individuals who are required to complete the training, but that it not be readily accessible to the public (was, must be accessible on the Department of Health and Human Services’ (DHHS) website to individuals with login credentials). Expands upon those who the lodging establishment must ensure receive the training, to include employees who provide food or beverage services. Adds the requirement that a third-party contractor, as defined, ensure that their employees who perform housekeeping services at the lodging establishment, provide food or beverage services on site at the lodging establishment, or provide check-in and check-out services at the lodging establishment receive human trafficking awareness training. Requires that employees beginning employment on or after January 1, 2025, complete the training before performing any of their duties, and every two years thereafter; those employed before that date must complete the training by December 31, 2026, and every two years thereafter.

    Amends proposed GS 42A-39, concerning human trafficking awareness reporting and training requirements for accommodation facilitators, by expanding upon those who fall under the statute to also include landlords, real estate brokers, and third-party contractors, and amend the statute to now provide as follows. Adds definitions for vacation rental, employee, landlord, real estate broker, and third-party contractor. Requires a landlord, before initially listing a vacation rental, either directly by the landlord, through a real estate broker, or through an accommodation facilitation, to implement a procedure for reporting suspected human trafficking occurring at vacation rentals to the specified hotline or to a local law enforcement agency. Requires the following to complete human trafficking awareness training, for any vacation rental offered for lease: (1) the landlord, or if the landlord is a partnership, corporation, sole proprietorship, or limited liability company, the employee or third-party contractor who oversees the supervision or maintenance of the vacation rental on the landlord’s behalf; (2) the landlord's employees who perform housekeeping services at the vacation rental or provide check-in and check-out services for the vacation rental; (3) any third-party contractor or employee of a third-party contractor who performs housekeeping services at the vacation rental or provides check-in and check-out services for the vacation rental; and (4) any real estate broker and any employee of the real estate broker that performs housekeeping services at the vacation rental or provides check-in and check-out services for the vacation rental. Requires training to be completed every two years and sets out deadlines for initial completion depending on the date the vacation rental is offered for lease. Requires an accommodation facilitator to do the following, if the vacation rental is listed through an accommodation facilitator: (1) notify the landlord or any real estate broker providing the listing of the training requirements; (2) certify that training has been completed by the specified dates, depending on when the vacation rental was initially listed with the accommodation facilitator; and (3) report annually to the Department of Health and Human Services starting January 1, 2026, on the methods used to notify landlords and real estate brokers of the requirements of this statute, and to verify compliance with those requirements by landlords and real estate brokers using their services. Allows penalties for violations of this statute in the amount of $500 for the first violation, $1,000 for a second violation, and $2,000 for the third and subsequent violations; penalty proceeds are to be remitted to the Civil Penalty and Forfeiture Fund. Makes it an unfair trade practice for a vacation rental provider to intentionally make a material misstatement in an acknowledgement of human trafficking awareness training completion. Specifies that this statute does not: (1) create a private cause of action against an accommodation facilitator, or its employees, for any act or omission arising out of the requirements of this section or (2) limit or impair the rights or remedies otherwise available to a victim of human trafficking under any other law.

    Requires DHHS to develop or identify a human trafficking awareness training program that complies with this act and make the training available electronically by January 1, 2025.

    Further amends GS 14-205.41 to specify that the penalties for soliciting another person for the purpose of prostitution does not apply to the person engaging in prostitution.

    Amends the allowable uses of the $500,000 appropriated to the Administrative Office of the Courts to also include an awareness campaign and other efforts to raise awareness on this act’s provisions.

    Pushes back the effective date of new GS 130A-511 and GS 42A-39 from October 1, 2024, to January 1, 2025.

    Amends the act's long title. 


  • Summary date: May 1 2024 - View Summary

    Enacts Article 24, GS Chapter 130A, titled Human Trafficking Public Awareness in Lodging Establishments. Includes defined terms which incorporate existing GS Chapter 130A definitions for "employee", "employer", and "lodging establishment". Directs the Department of Health and Human Services (DHHS) to develop a training course to inform and educate individuals about human trafficking in consultation with the NC Human Trafficking Commission (Commission). Requires DHHS to ensure the training is accessible on its website to individuals with login credentials provided by DHHS. Permits DHHS to identify existing courses. Requires lodging establishments to ensure employees with housekeeping or check-in and check-out responsibilities receive annual human trafficking awareness training developed or identified by DHHS; implement a reporting procedure for suspected human trafficking; and prominently display signs that contain the National Human Trafficking Resource hotline information in consultation with the NC Restaurant and Lodging Association. Makes willful and knowing violations subject to a $500 penalty for the first violation, $1,000 for a second violation, and $2,000 for subsequent violations. Specifies that the Article does not create a private cause of action or limit or impair other rights and available remedies under law.

    Enacts GS 42A-39, establishing conditions that must be met for accommodation facilitators, defined by incorporating the definition for the term set forth in GS Chapter 105, to contract with a landlord or real estate broker offering a vacation rental for lease. Directs that facilitators (1) require vacation rental providers acknowledge completion of human trafficking awareness training developed or identified by DHHS (applicable to lodging establishments under new Article 24, GS Chapter 130A) within the last year and (2) implement a reporting procedure for suspected human trafficking occurring at vacation rentals. Makes failure of accommodation facilitators to satisfy either requirement, or the intentional material misstatement of a vacation rental provider in an acknowledgement of training, an unfair trade practice in violation of GS 75-1.1. Specifies that the statute does not create a private cause of action or limit or impair other rights and available remedies under law.

    Makes the above changes applicable to activities occurring on or after October 1, 2024.

    Amends GS 14-205.1 to make solicitation of another for the purpose of prostitution a Class I felony (currently, a Class 1 misdemeanor). Applies to offenses committed on or after December 1, 2024.

    Appropriates $500,000 in nonrecurring funds from the General Fund to the Administrative Office of the Courts for 2024-25 to further the work of the Commission. Effective July 1, 2024.