CHAPTER 200
H.P. 893 - L.D. 1296
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Human Trafficking Task Force is necessary to propose appropriate criminal statutes and to develop methods for a coordinated approach to assisting victims of human trafficking; and
Whereas, the study must be initiated before the 90-day period expires in order that the study may be completed and a report submitted in time for submission to the next legislative session; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Task force established. Resolved: That the Human Trafficking Task Force, referred to in this resolve as "the task force," is established; and be it further
Sec. 2. Task force membership. Resolved: That the task force consists of 12 members appointed as follows:
1. One member of the Senate, appointed by the President of the Senate;
2. One member of the House of Representatives, appointed by the Speaker of the House;
3. The Attorney General, or the Attorney General's designee;
4. The Commissioner of Health and Human Services, or the commissioner's designee;
5. The Commissioner of Public Safety, or the commissioner's designee;
6. The Commissioner of Labor, or the commissioner's designee;
7. A representative of health care providers, appointed by the President of the Senate;
8. A representative of local law enforcement, appointed by the Speaker of the House;
9. A representative of social service agencies, appointed by the President of the Senate;
10. A representative of advocates for refugee and immigrant women, men and children, appointed by the Speaker of the House;
11. A representative of providers of services and support for survivors of domestic violence, appointed by the President of the Senate; and
12. A representative of providers of services and support for survivors of sexual assault, appointed by the Speaker of the House; and be it further
Sec. 3. Chairs. Resolved: That the Senate member is the Senate chair of the task force and the House member is the House chair of the task force; and be it further
Sec. 4. Appointments; convening of task force. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. Within 15 days after appointment of all members and notification by the Executive Director of the Legislative Council that sufficient funding has been received, the chairs shall call and convene the first meeting of the task force; and be it further
Sec. 5. Duties. Resolved: That the task force shall study human trafficking and make recommendations to combat the trafficking of human beings across state borders and into the State for sexual and labor exploitation. The task force shall:
1. Review human trafficking laws and legislation in other jurisdictions;
2. Recommend proposed statutory language that criminalizes the trafficking of women, men and children into the State from other countries. The proposed language must: protect from prosecution the women, men and children who have been trafficked into this State; prohibit the trafficker's assertion of the victim's consent as a defense; and hold responsible a landowner or employer who knew or should have known that trafficking was occurring on the premises over which the landowner or employer exerted control;
3. Identify available federal, state and local programs that provide services to victims of trafficking that include, but are not limited to, health care, human services, housing, education assistance, job training preparation, interpreting services, English as a second language classes and immigration services;
4. Collect research and information on trafficking victims and evaluate state and local government approaches to increasing public awareness of the trafficking in persons;
5. Review antitrafficking legislation considered and enacted in other states such as Hawaii, Washington and Texas, including legislation designed to regulate "bride trafficking" and "international matchmaking organizations";
6. Work with prosecutors and law enforcement officials to develop methodologies for data collection and strategies to reduce barriers faced by victims of trafficking who might seek assistance; and
7. Make recommendations on methods to provide a coordinated system of support to persons who are victims of trafficking; and be it further
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide necessary staffing services to the task force; and be it further
Sec. 7. Compensation. Resolved: That the legislative members of the task force are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for travel and other necessary expenses related to their attendance at authorized meetings of the task force. Public members not otherwise compensated by their employers or other entities that they represent are entitled to receive reimbursement of necessary expenses and, upon a demonstration of financial hardship, a per diem equal to the legislative per diem for their attendance at authorized meetings of the task force; and be it further
Sec. 8. Report. Resolved: That, no later than November 30, 2006, the task force shall submit a report that includes its findings and recommendations, including suggested legislation, for presentation to the First Regular Session of the 123rd Legislature. The task force is authorized to introduce legislation related to its report to the First Regular Session of the 123rd Legislature at the time of submission of the report; and be it further
Sec. 9. Extension. Resolved: That, if the task force requires a limited extension of time to complete its study and make its report, it may apply to the Legislative Council, which may grant an extension; and be it further
Sec. 10. Task force budget. Resolved: That the task force shall seek outside funds to fully fund all costs of the task force. If sufficient outside funding has not been received by September 15, 2006 to fully fund all costs of the task force, no meetings are authorized and no expenses of any kind may be incurred or reimbursed. Contributions to support the work of the task force may not be accepted from any party having a pecuniary or other vested interest in the outcome of the matters being studied. Any person, other than a state agency, desiring to make a financial or in-kind contribution must certify to the Legislative Council that it has no pecuniary or other vested interest in the outcome of the study. The certification must be made in the manner prescribed by the Legislative Council. All contributions are subject to approval by the Legislative Council. All funds accepted must be forwarded to the Executive Director of the Legislative Council along with an accounting record that includes the amount of the funds, the date the funds were received, from whom the funds were received and the purpose of and any limitation on the use of the funds. The Executive Director of the Legislative Council shall administer any funds received by the task force. The Executive Director of the Legislative Council shall notify the chairs of the task force when sufficient funding has been received. Within 10 days after its first meeting, the task force shall present a work plan and proposed budget to the Legislative Council for its approval. The task force may not incur expenses that would result in the task force's exceeding its approved budget; and be it further
Sec. 11. Appropriations and allocations. Resolved: That the following appropriations and allocations are made.
LEGISLATURE
Study Commissions - Funding 0444
Initiative: Provides an Other Special Revenue Funds allocation to the Legislature in the event outside funding is received for the Human Trafficking Task Force.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07
Personal Services $0 $440
All Other $0 $2,400
____________ ____________
OTHER SPECIAL REVENUE
FUNDS TOTAL $0 $2,840
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 28, 2006.
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