House File 455 - Introduced HOUSE FILE 455 BY ISENHART and JAMES A BILL FOR An Act relating to human trafficking prevention training, by 1 providing for certification of lodging providers who have 2 voluntarily completed training and prohibiting the use of 3 public funds to procure lodging, facilities, or services 4 from noncertified lodging providers. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1903YH (6) 88 ko/lh

H.F. 455 Section 1. NEW SECTION . 8A.520 Public funds —— certified 1 lodging providers. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Lodging” means the same as defined in section 423A.2. 5 b. “Lodging provider” means the same as defined in section 6 423A.2. 7 c. “Public employee” means any individual employed by a 8 public employer. 9 d. “Public employer” means the same as defined in section 10 20.3. 11 e. “Public funds” means the same as defined in section 12 12C.1. 13 2. If a lodging provider is not certified as having 14 completed human trafficking prevention training pursuant to 15 section 80.45A, a public employer or a public employee shall 16 not use public funds for any of the following purposes: 17 a. To procure lodging that is owned, operated, or owned and 18 operated by the lodging provider. 19 b. To procure space or services for a conference, meeting, 20 or banquet located at a site where lodging is available that 21 is owned, operated, or owned and operated, by the lodging 22 provider. 23 c. To host a conference, meeting, or banquet at a site where 24 lodging is available that is owned, operated, or owned and 25 operated, by the lodging provider. 26 3. Prior to expending or committing public funds for a 27 purpose described in subsection 2, a public employer or a 28 public employee shall confirm a lodging provider’s current 29 certification status on the internet site maintained by 30 the department of public safety pursuant to section 80.45A, 31 subsection 3. 32 4. An exception to subsection 2 may be granted by the 33 administrative head or governing body in charge of the public 34 employer. 35 -1- LSB 1903YH (6) 88 ko/lh 1/ 6

H.F. 455 5. This section applies to all public funds expended for a 1 purpose described in subsection 2 on or after January 1, 2022. 2 Sec. 2. Section 80.45, subsection 3, Code 2019, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . 0g. (1) Consult with other governmental 5 agencies and nongovernmental or community organizations that 6 have expertise in the areas of human trafficking prevention, 7 victim protection and assistance, law enforcement, and 8 prosecution, and with an Iowa organization that represents 9 lodging providers, to develop and facilitate the delivery of 10 human trafficking prevention training for lodging providers 11 pursuant to section 80.45A. The training shall focus on 12 the accurate and prompt identification and reporting of, 13 or response to, suspected human trafficking. The human 14 trafficking prevention training shall include, at a minimum, 15 all of the following: 16 (a) A general overview of human trafficking. 17 (b) A general overview of state law on human trafficking. 18 (c) How to recognize potential human trafficking victims. 19 (d) How to recognize potential human traffickers. 20 (e) How to identify activities commonly associated with 21 human trafficking. 22 (f) Safe and effective responses to human trafficking 23 situations, including but not limited to how to report 24 suspected human trafficking to proper law enforcement 25 officials. 26 (2) In lieu of developing human trafficking prevention 27 training, the office may utilize human trafficking prevention 28 training developed by other sources that meets all of the 29 criteria in subparagraph (1), subparagraph divisions (a) 30 through (f), and has been approved by the commissioner. 31 Sec. 3. NEW SECTION . 80.45A Human trafficking prevention 32 training —— lodging providers. 33 1. As used in this section, unless the context otherwise 34 requires: 35 -2- LSB 1903YH (6) 88 ko/lh 2/ 6

H.F. 455 a. “Commissioner” means the commissioner of the department 1 of public safety or the commissioner’s designee. 2 b. “Human trafficking” means the same as defined in section 3 710A.1. 4 c. “Lodging” means the same as defined in section 423A.2. 5 d. “Lodging provider” means the same as defined in section 6 423A.2. 7 2. No later than December 31, 2021, the commissioner shall 8 approve a program or programs for human trafficking prevention 9 training and specify the approved mode or modes of delivery of 10 the training to lodging providers pursuant to section 80.45, 11 subsection 3, paragraph “i” . 12 3. No later than December 31, 2021, the commissioner shall 13 develop and maintain both of the following to certify a lodging 14 provider’s voluntary completion of human trafficking prevention 15 training: 16 a. A certification issued by the commissioner that a lodging 17 provider may display, in an area readily visible to the public, 18 in the following areas of all lodging owned, operated, or owned 19 and operated, by the lodging provider: 20 (1) The front entrance of the lodging. 21 (2) The check-in area of the lodging. 22 (3) Any internet site advertising or promoting the lodging. 23 b. An internet site, readily accessible to the public, that 24 identifies lodging providers in this state that are certified 25 as having completed human trafficking prevention training. 26 4. Beginning January 1, 2022, a lodging provider may 27 voluntarily complete and certify to the commissioner that each 28 of the lodging provider’s employees, including all owners, 29 operators, and managers, have completed human trafficking 30 prevention training. 31 5. A lodging provider’s employee, including an owner, 32 operator, or manager, who acts in good faith shall be immune 33 from civil liability for reporting suspected human trafficking 34 activities to any law enforcement official. 35 -3- LSB 1903YH (6) 88 ko/lh 3/ 6

H.F. 455 6. The commissioner shall adopt rules pursuant to chapter 1 17A as are necessary to implement and administer this chapter. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to human trafficking prevention training, 6 the certification of lodging providers who have completed 7 training, and to the use of public funds to procure lodging, 8 facilities, or services only from certified lodging providers. 9 The bill requires the office to combat human trafficking 10 (office) to consult with other governmental agencies and 11 nongovernmental or community organizations that have expertise 12 in the areas of human trafficking, law enforcement, and 13 prosecution, and with an Iowa organization that represents 14 lodging providers, to develop and facilitate the delivery of 15 human trafficking prevention training for lodging providers. A 16 “lodging provider” is defined in the bill as meaning the same 17 as defined in Code section 423A.2. The training shall focus 18 on the accurate and prompt identification and reporting of, or 19 response to, suspected human trafficking and is required to 20 contain specific topics as detailed in the bill. In lieu of 21 developing human trafficking prevention training, the office 22 may utilize human trafficking prevention training developed by 23 other sources that contain all of the topics as specified in 24 the bill and as approved by the commissioner. 25 By no later than December 31, 2021, the bill requires the 26 commissioner of public safety to approve a human trafficking 27 prevention training program or programs that are developed for 28 lodging providers and to specify the mode or modes of delivery 29 of the training. The commissioner is also required to develop 30 and maintain a process to show voluntary completion of the 31 training by lodging providers. The process must include a 32 certification that a lodging provider may display at the front 33 entrance and check-in area of all lodging owned, operated, or 34 owned and operated, by a lodging provider, and on any internet 35 -4- LSB 1903YH (6) 88 ko/lh 4/ 6

H.F. 455 site advertising or promoting the lodging. The commissioner 1 is also required to create and maintain a publicly accessible 2 internet site that identifies lodging providers that have 3 completed the training. 4 Beginning January 1, 2022, a lodging provider may 5 voluntarily complete and certify to the commissioner that each 6 of the lodging provider’s employees, including all owners, 7 operators, and managers, have completed the human trafficking 8 prevention training. A lodging provider’s employee, including 9 an owner, operator, or manager, who acts in good faith shall 10 be immune from civil liability for reporting suspected human 11 trafficking activities to any law enforcement official. 12 The commissioner shall adopt rules as are necessary to 13 implement and administer the requirements of the human 14 trafficking prevention training for lodging providers. 15 Effective on or after January 1, 2022, a public employee 16 and a public employer are prohibited from using public funds 17 to procure lodging at a site owned, operated, or owned and 18 operated by a lodging provider that is not certified as having 19 completed human trafficking prevention training. In addition, 20 a public employee or a public employer is prohibited from using 21 public funds to procure space for services for a conference, 22 meeting, or banquet, or to host a conference, meeting, or 23 banquet, at a site that offers lodging that is owned, operated, 24 or owned and operated, by a lodging provider that is not 25 certified as having completed human trafficking prevention 26 training. An exception may be granted by the administrative 27 head or governing body in charge of the public employer. Prior 28 to expending or committing public funds for lodging, space, or 29 services, a public employer or a public employee shall confirm 30 a lodging provider’s current certification status on the 31 internet site maintained by the department of public safety. 32 The bill defines a “public employee” as any individual 33 employed by a public employer and a “public employer” as the 34 state of Iowa, its boards, commissions, agencies, departments, 35 -5- LSB 1903YH (6) 88 ko/lh 5/ 6