House File 2259 - Introduced HOUSE FILE 2259 BY MOHR A BILL FOR An Act relating to human trafficking prevention training and 1 reporting for employees of lodging providers in the state. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5728YH (5) 88 ko/rh
H.F. 2259 Section 1. NEW SECTION . 80.45A Human trafficking prevention 1 training —— lodging providers. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Commissioner” means the commissioner of the department 5 of public safety or the commissioner’s designee. 6 b. “Human trafficking” means the same as defined in section 7 710A.1. 8 c. “Lodging” means the same as defined in section 423A.2. 9 d. “Lodging provider” means the same as defined in section 10 423A.2. 11 e. “Lodging provider’s employee” means an individual who is 12 employed by a lodging provider, including an owner, operator, 13 manager, and temporary employee. 14 f. “Public employee” means an individual employed by a 15 public employer. 16 g. “Public employer” means the same as defined in section 17 20.3. 18 h. “Public funds” means the same as defined in section 19 12C.1. 20 i. “Temporary employee” means an individual who is employed 21 by a temporary employment firm to provide services to a lodging 22 provider to supplement the lodging provider’s workforce during 23 absences, seasonal workloads, temporary skill or labor market 24 shortages, and for special assignments and projects. 25 j. “Temporary employment firm” means a person engaged in the 26 business of employing temporary employees. 27 2. Human trafficking prevention training. 28 a. Beginning January 1, 2022, a lodging provider may 29 voluntarily complete and certify to the commissioner that 30 each of the lodging provider’s employees have completed human 31 trafficking prevention training. 32 b. The human trafficking prevention training may be 33 developed and delivered to lodging providers by the office 34 to combat human trafficking, a governmental agency, or 35 -1- LSB 5728YH (5) 88 ko/rh 1/ 5
H.F. 2259 nongovernmental or community organization that has expertise 1 in the area of human trafficking. The human trafficking 2 prevention training must be approved by the commissioner. 3 c. A lodging provider shall maintain training records for 4 each of the lodging provider’s employees pursuant to rules 5 adopted by the commissioner. 6 3. Human trafficking prevention training content. The human 7 trafficking prevention training shall focus on the accurate 8 and prompt identification and reporting of, or response to, 9 suspected human trafficking. The human trafficking prevention 10 training shall include, at a minimum, all of the following: 11 a. A general overview of human trafficking. 12 b. A general overview of state law on human trafficking. 13 c. The definition of human trafficking and the commercial 14 exploitation of children. 15 d. Guidance on the difference between labor trafficking and 16 sex trafficking. 17 e. Guidance on how to recognize potential human trafficking 18 victims. 19 f. Guidance on how to recognize potential human traffickers. 20 g. Guidance on how to identify activities commonly 21 associated with human trafficking. 22 h. 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 4. Certification by the commissioner. No later than 27 December 31, 2021, the commissioner shall develop and maintain 28 all of the following to certify a lodging provider’s voluntary 29 completion of human trafficking prevention training: 30 a. A certification issued by the commissioner that a lodging 31 provider may display, in an area readily visible to the public, 32 in the following areas of all lodging owned, operated, or owned 33 and operated by the lodging provider: 34 (1) The front entrance of the lodging. 35 -2- LSB 5728YH (5) 88 ko/rh 2/ 5
H.F. 2259 (2) The check-in area of the lodging. 1 (3) Any internet site advertising or promoting the lodging. 2 b. An internet site, readily accessible to the public, that 3 identifies lodging providers in this state that are certified 4 as having completed human trafficking prevention training. The 5 internet site shall be maintained by the department. 6 5. Certification for utilization of public funds. 7 a. Prior to expending or committing public funds for a 8 purpose described in paragraph “c” , a public employer or a 9 public employee shall confirm a lodging provider’s current 10 certification status on the internet site maintained by the 11 department pursuant to subsection 4, paragraph “b” . 12 b. A certification issued pursuant to subsection 4, 13 paragraph “a” shall be valid for three years from the date the 14 commissioner issues the certification to a lodging provider. 15 c. If a lodging provider is not certified as having 16 completed human trafficking prevention training pursuant to 17 subsection 4, paragraph “a” , a public employer and a public 18 employee shall not use public funds for any of the following 19 purposes: 20 (1) To procure lodging that is owned, operated, or owned and 21 operated by the lodging provider. 22 (2) To procure space or services for a conference, meeting, 23 or banquet located at a site where lodging is available that is 24 owned, operated, or owned and operated by the lodging provider. 25 (3) To host a conference, meeting, or banquet at a site 26 where lodging is available that is owned, operated, or owned 27 and operated by the lodging provider. 28 d. This section applies to all public funds expended for a 29 purpose described in paragraph “c” on or after January 1, 2022. 30 6. Immunity. A lodging provider’s employee who acts in 31 good faith shall be immune from civil liability for reporting 32 suspected human trafficking activities to any law enforcement 33 official. 34 7. Rules. The commissioner shall adopt rules pursuant 35 -3- LSB 5728YH (5) 88 ko/rh 3/ 5
H.F. 2259 to chapter 17A as necessary to implement and administer this 1 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 and reporting for employees of lodging providers in the state. 7 Beginning January 1, 2022, a lodging provider may 8 voluntarily complete and certify to the commissioner of public 9 safety (commissioner) that each of the lodging provider’s 10 employees have completed human trafficking prevention 11 training (training). The training may be developed and 12 delivered to lodging providers by the office to combat human 13 trafficking, a governmental agency, or nongovernmental or 14 community organization that has expertise in the area of human 15 trafficking. The human trafficking prevention training must be 16 approved by the commissioner. 17 The human trafficking prevention training must focus on 18 the accurate and prompt identification and reporting of, 19 and response to, suspected human trafficking. The minimum 20 requirements for the training content are outlined in the bill. 21 A lodging provider must maintain training records for each of 22 the lodging provider’s employees pursuant to rules adopted by 23 the commissioner. 24 No later than December 31, 2021, the commissioner must 25 develop and maintain a certification process as detailed in the 26 bill to certify a lodging provider’s voluntary completion of 27 the human trafficking prevention training. A certification is 28 valid for three years from the date the commissioner issues 29 the certification to a lodging provider. The commissioner is 30 required to create an internet site, readily accessible to 31 the public, that identifies lodging providers in this state 32 that are certified as having completed the human trafficking 33 prevention training. The department of public safety 34 (department) is required to maintain the internet site. 35 -4- LSB 5728YH (5) 88 ko/rh 4/ 5
H.F. 2259 A public employer or a public employee must confirm a lodging 1 provider’s current certification status on an internet site 2 maintained by the department prior to expending or committing 3 public funds for certain purposes. If a lodging provider is 4 not certified as having completed human trafficking prevention 5 training, a public employer or a public employee cannot use 6 public funds 1) to procure lodging that is owned, operated, 7 or owned and operated by the lodging provider; 2) to procure 8 space or services for a conference, meeting, or banquet located 9 at a site where lodging is available that is owned, operated, 10 or owned and operated by the lodging provider; or 3) to host 11 a conference, meeting, or banquet at a site where lodging is 12 available that is owned, operated, or owned and operated by the 13 lodging provider. This applies to all public funds expended 14 for these purposes on or after January 1, 2022. 15 A lodging provider’s employee who acts in good faith is 16 immune from civil liability for reporting suspected human 17 trafficking activities to any law enforcement official. 18 The bill directs the commissioner to adopt rules as 19 necessary to implement and administer the provisions of the 20 bill. 21 -5- LSB 5728YH (5) 88 ko/rh 5/ 5