Compare versions

--- version:INTRODUCED
+++ version:(document, no version)
@@ -1,13 +1,20 @@
-25.0012.01000
-Sixty-ninth
+25.0012.01006
+Title.03000
+Prepared by the Legislative Council
+staff for Senator Boschee
+Sixty-ninth
+April 17, 2025
 Legislative Assembly
 of North Dakota
 Introduced by
 Representatives Satrom, Brandenburg, Schneider, Ostlie
 Senators Clemens, Conley
+In place of amendment (25.0012.01001) adopted by the Senate, House Bill No. 1308 is
+amended by amendment (25.0012.01006) as follows:
 A BILL for an Act to amend and reenact sections 54-12-33 and 54-12-33.1 of the North Dakota
 Century Code, relating to duties of the human trafficking commission and immunity for reporting
-human trafficking; and to provide a continuing appropriation.
+human trafficking; and to provide a continuing appropriation; and to provide a contingent
+effective date.
 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
 SECTION 1. AMENDMENT. Section 54-12-33 of the North Dakota Century Code is
 amended and reenacted as follows:
@@ -17,8 +24,51 @@
 perpetrators, nongovernmental organizations that represent or work with victims, and
 other organizations and individuals, including victims, whose expertise would benefit
 the commission. The attorney general may establish the commission by appointing an
-existing statewide coalition.
-2. The commission shall:
+existing statewide coalitionIn addition to the attorney general designees, the
+commission must include:
+              a.    A legislator from the majority party, appointed by the chairman of the legislative
+management;
+              b.    A legislator from the minority party, appointed by the chairman of the legislative
+management;
+Page No. 1 25.0012.01006
+ HOUSE BILL NO. 1308
+PROPOSED AMENDMENTS TO
+1
+2
+3
+4
+5
+6
+7
+8
+9
+10
+11
+12
+13
+14
+15
+16
+17
+18
+19
+Sixty-ninth
+Legislative Assembly
+              c.    An individual from the department of health and human services child and family
+services division, appointed by the commissioner of the department of health and
+human services;
+              d.    An individual representing a rural school district, appointed by the superintendent
+of public instruction;
+              e.    An individual representing one of the state's largest ten school districts,
+appointed by the superintendent of public instruction;
+               f.    An individual representing tribal nations, appointed by the North Dakota united
+tribes tribal chairman's association;
+              g.    An individual from the North Dakota state's attorneys' association, appointed by
+the executive director of the North Dakota state's attorneys' association; and
+              h.    An individual from the governor's office, appointed by the governor.
+2. The attorney general or the attorney general's designee shall serve as the presiding
+officer of the commission.
+      3.    The commission shall:
 a. Collect and evaluate data on human trafficking in this state and submit an annual
 report to the attorney general, governor, and legislative assembly;
 b. Promote awareness and provide information to education personnel and the
@@ -29,43 +79,133 @@
 who may have recurring contact with victims or perpetrators;
 d. Promote training on human trafficking investigation and prosecution and on
 missing and murdered indigenous people with the North Dakota state's attorney's
-Page No. 1 25.0012.01000
- HOUSE BILL NO. 1308
-
-1
-2
-3
-4
-5
-6
-7
-8
-9
-10
-11
-12
-13
-14
-15
-16
-17
-18
-19
-20
-21
-22
-23
-24
-Sixty-ninth
-Legislative Assembly
 association, the North Dakota peace officers standards and training board, and
 state and local law enforcement agencies;
 e. Present annually regarding human trafficking awareness and prevention at
 professional development conferences directed toward teachers, administrators,
 and support staff which are hosted by educational organizations in this state or by
 the department of public instruction; and
-f. Conduct other appropriate activities.
-SECTION 2. AMENDMENT. Section 54-12-33.1 of the North Dakota Century Code is
+Page No. 2 25.0012.01006
+1
+2
+3
+4
+5
+6
+7
+8
+9
+10
+11
+12
+13
+14
+15
+16
+17
+18
+19
+20
+21
+22
+23
+24
+25
+26
+27
+28
+29
+30
+31
+Sixty-ninth
+Legislative Assembly
+f. Facilitate annual prevention and awareness education for students on human
+trafficking and exploitation; and
+              g.    Conduct other appropriate activities.
+SECTION 2. AMENDMENT. Section 54-12-33 of the North Dakota Century Code is
+amended and reenacted as follows:
+54-12-33. Human trafficking commission.
+1. The attorney general shall establish a human trafficking commission, comprised of
+designees from state, local, and tribal agencies which have contact with victims or
+perpetrators, nongovernmental organizations that represent or work with victims, and
+other organizations and individuals, including victims, whose expertise would benefit
+the commission. In addition to the attorney general designees, the commission must
+include:
+a. A legislator from the majority party, appointed by the chairman of the legislative
+management;
+b. A legislator from the minority party, appointed by the chairman of the legislative
+management;
+c. An individual from the department of health and human services child and family
+services division, appointed by the commissioner of the department of health and
+human services;
+d. An individual representing a rural school district, appointed by the superintendent
+of public instruction;
+e. An individual representing one of the state's largest ten school districts,
+appointed by the superintendent of public instruction;
+f. An individual representing tribal nations, appointed by the North Dakota united
+tribes tribal chairman's association;
+g. An individual from the North Dakota state's attorneys' association, appointed by
+the executive director of the North Dakota state's attorneys' association; and
+h. An individual from the governor's office, appointed by the governor.
+2. The attorney general or the attorney general's designee shall serve as the presiding
+officer of the commission.
+3. The commission shall:
+Page No. 3 25.0012.01006
+1
+2
+3
+4
+5
+6
+7
+8
+9
+10
+11
+12
+13
+14
+15
+16
+17
+18
+19
+20
+21
+22
+23
+24
+25
+26
+27
+28
+29
+30
+31
+Sixty-ninth
+Legislative Assembly
+a. Collect and evaluate data on human trafficking in this state and submit an annual
+report to the attorney general, governor, and legislative assembly;
+b. Promote awareness and provide information to education personnel and the
+general public about human trafficking, victim remedies and services, and
+trafficking prevention;
+c. Promote training on human trafficking prevention and victim services for state
+and local employees and members of regulated occupations and professions
+who may have recurring contact with victims or perpetrators;
+d. Promote training on human trafficking investigation and prosecution and on
+missing and murdered indigenous people with the North Dakota state's attorney's
+association, the North Dakota peace officers standards and training board, and
+state and local law enforcement agencies;
+e. Present annually regarding human trafficking awareness and prevention at
+professional development conferences directed toward teachers, administrators,
+and support staff which are hosted by educational organizations in this state or by
+the department of public instruction;
+f. Facilitate annual prevention and awareness education for students on human
+trafficking and exploitation, in accordance with the new section to chapter
+15.1-09, as created by Senate Bill No. 2330, as approved by the sixty-ninth
+legislative assembly; and
+g. Conduct other appropriate activities.
+SECTION 3. AMENDMENT. Section 54-12-33.1 of the North Dakota Century Code is
 amended and reenacted as follows:
 54-12-33.1. Human trafficking prevention training - Exemptions - Immunity -
 Continuing appropriation.
@@ -75,6 +215,40 @@
 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.
+Page No. 4 25.0012.01006
+1
+2
+3
+4
+5
+6
+7
+8
+9
+10
+11
+12
+13
+14
+15
+16
+17
+18
+19
+20
+21
+22
+23
+24
+25
+26
+27
+28
+29
+30
+31
+Sixty-ninth
+Legislative Assembly
 d. "Proprietor" means the person in charge of a lodging establishment and includes
 an owner, lessee, and manager.
 e. "Regulated occupation or profession" includes a profession regulated by the
@@ -88,39 +262,6 @@
 a. Human trafficking awareness;
 b. How to recognize potential victims of human trafficking;
 c. How to identify activities commonly associated with human trafficking; and
-Page No. 2 25.0012.01000
-1
-2
-3
-4
-5
-6
-7
-8
-9
-10
-11
-12
-13
-14
-15
-16
-17
-18
-19
-20
-21
-22
-23
-24
-25
-26
-27
-28
-29
-30
-Sixty-ninth
-Legislative Assembly
 d. Effective responses to human trafficking situations, including how to report
 suspected human trafficking to law enforcement.
 3. A proprietor may:
@@ -138,20 +279,7 @@
 services.
 5. An entity that regulates an occupation or profession may accept the training described
 in subsection     2 for continuing education credit.
-6. A proprietor or employee of a lodging establishment or a member of a regulated
-occupation or profession who acts in good faith is immune from liability in any civil
-action for reporting suspected human trafficking activities but a member of a regulated
-occupation or profession may be subject to disciplinary action for the reporting if the
-reporting violates an applicable ethics regulation imposed by the member's regulated
-occupation or profession.
-6.7. 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 and members of a regulated occupation or profession 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.
-Page No. 3 25.0012.01000
+Page No. 5 25.0012.01006
 1
 2
 3
@@ -182,3 +310,38 @@
 28
 29
 30
+Sixty-ninth
+Legislative Assembly
+6. A proprietor or employee of a lodging establishment or a member of a regulated
+occupation or profession   who acts in good faith is immune from liability in any civil
+action for reporting suspected human trafficking activities but a member of a regulated
+occupation or profession may be subject to disciplinary action for the reporting if the
+reporting violates an applicable ethics regulation imposed by the member's regulated
+occupation or profession  .
+6.7. 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 and members of a regulated occupation or profession 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.
+SECTION 4. CONTINGENT EFFECTIVE DATE. Section 2 of this Act becomes effective if
+the new section to chapter 15.1-09 of the North Dakota Century Code, as created by Senate Bill
+No. 2330, is approved by the sixty-ninth legislative assembly.
+Page No. 6 25.0012.01006
+1
+2
+3
+4
+5
+6
+7
+8
+9
+10
+11
+12
+13
+14
+15
+16