HB289 Alabama 2020 Session

Under existing law, the penalty for a first violation of failing to post human trafficking hotline information in certain establishments is a warning and the penalty for a subsequent violation is $25

This bill would increase the penalty for a subsequent violation to $250

This bill would establish which agencies would be responsible for enforcement of this act

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment

However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to human trafficking; to amend Section 13A-6-170, Code of Alabama 1975, to revise the penalties for violations; to establish which agencies are responsible for enforcement; to make nonsubstantive, technical revisions to update the existing code language to current style; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

Section 13A-6-170, Code of Alabama 1975, is amended to read as follows:

§13A-6-170.

(a)(1) Except as provided in subdivision (2), this section applies to all of the following persons or establishments:

a. All persons owning operating any establishment that requires a liquor license or a retail alcoholic beverage license, and that does not also have a food or beverage permit, or both;.

b. All persons operating any hotel that has been cited as a nuisance as defined in Sections 13A-12-110 to 13A-12-122, inclusive; Section 6-5-140.

c. All persons operating any massage parlor where an employee has been cited with violating Section 45-13-41, or where the establishment that has been cited as a nuisance as defined in Section 6-5-140;.

d. Any any airport, train station, rest area, rest stop, or bus station; and.

e. All persons operating any gas station.

e. f. All persons operating any business that provides entertainment commonly called stripteasing or topless entertaining or entertainment that has employees who are not clad both above and below the waist.

(2) This subsection does not apply to businesses providing entertainment in theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances, when the performances that are presented are expressing matters of serious literary, artistic, scientific, or political value.

(b) Any person subject to this section shall post in a location conspicuous to the public at the entrance of the business or where such posters and notices are customarily posted, a poster of no smaller than 8 1/2 by 11 inches in size that substantially states all of the following:

"(1) If you or someone you know is being forced to engage in any activity and cannot leave - whether it is commercial sex, housework, farm work, or any other activity - call the National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services.

"(1) (2) Victims of human trafficking are protected under U.S. law.

"(2) (3) The Toll-free Hotline is:

"a. Available 24 hours a day, 7 days a week.

"b. Operated by a nonprofit, nongovernmental organization.

"c. Anonymous and confidential.

"d. Accessible in 170 languages.

"e. Able to provide help, referral to services, training, and general information."

This subsection shall not apply to businesses providing entertainment in theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances, when the performances that are presented are expressing matters of serious literary, artistic, scientific, or political value.

(b) (c) The poster shall be available on the Internet website of all of the following:

(1) The Alabama Alcoholic Beverage Control Board where documents associated with obtaining a liquor license or alcoholic beverage license are customarily located.

(2) The Alabama Public Service Commission.

(3) The Alabama Department of Labor.

(c) (d) The owners operators shall print the poster from any of the Internet websites in subsection (b) (c) or ask that the poster be mailed for the cost of printing and first class postage and post the sign in compliance with subsection (a) (b).

(d) (e) The Alcoholic Beverage Control Board, the Public Service Commission, and the Department of Labor shall post the sign on its Internet site in English, Spanish, and any other language deemed appropriate by the Commissioner of Labor. The owners operators shall obtain and post the posters in English, Spanish, and any other languages deemed appropriate by the Commissioner of Labor.

(e) (f) The Alcoholic Beverage Control Board, the Public Service Commission, and the Department of Labor shall provide each applicable business or establishment with notice of mandatory compliance of this section.

(f) (g)(1) A person who violates this section shall be subject to a warning on the first violation and a fine not to exceed fifty dollars ($50) of two hundred fifty dollars ($250) for each subsequent violation. The violation or noncompliance with this section, and each day's continuance thereof, shall constitute a separate and distinct violation.

(2) Funds collected under this section shall be deposited in the State Treasury to the credit of the Attorney General's Special Revenue Account to be used for education and other programs relating to human trafficking.

(h) The Alabama Department of Labor, in consultation with the Alcoholic Beverage Control Board and the Public Service Commission, shall adopt rules to ensure licensees of the Alcoholic Beverage Control Board, and operators of massage parlors, airports, train stations, rest areas, rest stops, bus stations, hotels, gas stations, and businesses that provide entertainment as referenced in paragraph (a)(1)e., comply with this section and to further provide for enforcement of this section."

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective January 1, 2021, following its passage and approval by the Governor, or its otherwise becoming law.