Bill Summary for H 971 (2023-2024)

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Summary date: 

Jun 12 2024

Bill Information:

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.

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Bill 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.