January 22, 2015, Introduced by Reps. Heise, Hughes, Sarah Roberts, Webber, Sheppard, Maturen, Santana, Iden, Hovey-Wright and Neeley and referred to the Committee on Regulatory Reform.
A bill to create the human trafficking notification act; to
require the posting of certain notices relating to human
trafficking; to prescribe the powers and duties of certain state
and local departments and agencies; and to provide a remedy.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "human
trafficking notification act".
Sec. 2. As used in this act:
(a) "Adult entertainment establishment" means either of the
following:
(i) An on-premises licensee that hold a topless activity permit
described in section 916(3) of the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1916.
(ii) Any other retail establishment that provides adult-
oriented entertainment in which performers disrobe or perform in an
unclothed state for entertainment.
(b) "Department" means the department of licensing and
regulatory affairs.
(c) "Human trafficking notice" means the notice described in
section 5.
Sec. 3. (1) The department of transportation shall post a
human trafficking notice on the premises of each rest stop and
welcome facility in this state in the manner described in this act
and as required by the department under this act.
(2) Each local unit of government that operates a rest stop or
welcome facility shall post a human trafficking notice on the
premises of that rest stop or welcome facility in the manner
described in this act and as required by the department under this
act.
(3) Each local unit of government that provides bus or rail
transportation services to the public shall post a human
trafficking notice on the premises of any facility that provides
those services in the manner described in this act and as required
by the department under this act.
(4) Each of the following shall post a human trafficking
notice on its premises in the manner described in this act and as
required by the department under this act:
(a) Any entity that owns property that has been found by a
court to constitute a public nuisance due to acts of prostitution
or human trafficking being conducted on the property or arising out
of the ownership or use of the property.
(b) An adult entertainment establishment.
(c) Any entity that sells gasoline or diesel fuel at retail.
(d) Any entity that provides bus or rail transportation
services to the public.
Sec. 4. The human trafficking notice required under this act
shall be posted prominently within each facility operated by an
entity described in section 3 that is open to use by the public and
at each public entrance to that facility.
Sec. 5. A human trafficking notice must meet the following
requirements:
(a) Be of a design and style to provide proper notice under
this act.
(b) Be no smaller than 8-1/2 inches by 11 inches and contain
the following notice in boldfaced type of not less than a 14-point
font determined appropriate by the department:
"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, please contact the National Human
Trafficking Resource Center hotline at 1-888-373-7888 or text
233733 to access help and services. The victims of human
trafficking are protected under U.S. laws and the laws of this
state.".
(c) Be of durable construction.
(d) Be posted in the English and Spanish languages and in any
other language determined appropriate by the department. The
department may require the posting of other languages under this
subdivision in specified areas of this state due to the languages
used within those specified areas.
Sec. 6. The department shall post on its departmental website
a sample of the notice described in section 5, which shall be
available for downloading for purposes of this act.
Sec. 7. The department shall provide each entity described in
section 3 with written notice of the requirements of this act.
Sec. 8. This act does not apply unless sufficient funds are
appropriated to the department to allow it to carry out the duties
required under this act.
Sec. 9. If the department determines that an entity described
in section 3 has failed to comply with the notice requirements of
this act, the department shall notify the entity that it is in
violation of this act and provide the entity with 24 hours to come
into compliance with this act. If the entity fails to properly post
the human trafficking notice required under this act within the 24-
hour period described in this section, the entity is responsible
for a state civil violation and may be fined not more than
$1,000.00.
Sec. 10. The department may promulgate rules to implement this
act.