House
File
2305
-
Introduced
HOUSE
FILE
2305
BY
WINCKLER
,
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
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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
an
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
and
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
is
21
owned,
operated,
or
owned
and
operated
by
the
lodging
provider.
22
c.
To
host
a
conference,
meeting,
or
banquet
at
a
site
where
23
lodging
is
available
that
is
owned,
operated,
or
owned
and
24
operated
by
the
lodging
provider.
25
3.
Prior
to
expending
or
committing
public
funds
for
a
26
purpose
described
in
subsection
2,
a
public
employer
or
a
27
public
employee
shall
confirm
a
lodging
provider’s
current
28
certification
status
on
the
internet
site
maintained
by
29
the
department
of
public
safety
pursuant
to
section
80.45A,
30
subsection
3.
31
4.
In
an
emergency,
an
exception
to
subsection
2
may
be
32
granted
by
the
administrative
head
or
governing
body
in
charge
33
of
the
public
employer.
34
5.
This
section
applies
to
all
public
funds
expended
for
a
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purpose
described
in
subsection
2
on
or
after
January
1,
2022.
1
Sec.
2.
Section
80.45,
subsection
3,
Code
2019,
is
amended
2
by
adding
the
following
new
paragraph:
3
NEW
PARAGRAPH
.
0g.
(1)
Consult
with
other
governmental
4
agencies
and
nongovernmental
or
community
organizations
that
5
have
expertise
in
the
areas
of
human
trafficking
prevention,
6
victim
protection
and
assistance,
law
enforcement,
and
7
prosecution,
and
with
an
Iowa
organization
that
represents
8
lodging
providers,
to
develop
and
facilitate
the
delivery
of
9
human
trafficking
prevention
training
for
lodging
providers
10
pursuant
to
section
80.45A.
The
training
shall
focus
on
11
the
accurate
and
prompt
identification
and
reporting
of,
12
or
response
to,
suspected
human
trafficking.
The
human
13
trafficking
prevention
training
shall
include,
at
a
minimum,
14
all
of
the
following:
15
(a)
A
general
overview
of
human
trafficking.
16
(b)
A
general
overview
of
state
law
on
human
trafficking.
17
(c)
The
definition
of
human
trafficking
and
the
commercial
18
exploitation
of
children.
19
(d)
Guidance
on
the
difference
between
labor
trafficking
20
and
sex
trafficking.
21
(e)
Guidance
on
how
to
recognize
potential
human
22
trafficking
victims.
23
(f)
Guidance
on
how
to
recognize
potential
human
24
traffickers.
25
(g)
Guidance
on
how
to
identify
activities
commonly
26
associated
with
human
trafficking.
27
(h)
Safe
and
effective
responses
to
human
trafficking
28
situations,
including
but
not
limited
to
how
to
report
29
suspected
human
trafficking
to
proper
law
enforcement
30
officials.
31
(2)
In
lieu
of
developing
human
trafficking
prevention
32
training,
the
office
may
utilize
human
trafficking
prevention
33
training
developed
by
other
sources
that
has
been
approved
34
by
the
commissioner
and
that
meets
all
of
the
criteria
in
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subparagraph
(1).
1
(3)
In
lieu
of
facilitating
the
delivery
of
human
2
trafficking
prevention
training
developed
pursuant
to
3
subparagraph
(1)
or
(2),
the
office
may
utilize
a
governmental
4
agency
or
a
nongovernmental
or
community
organization
that
has
5
expertise
in
the
area
of
human
trafficking
prevention
training
6
and
that
has
been
approved
by
the
commissioner,
to
facilitate
7
delivery
of
the
training
to
lodging
providers
pursuant
to
8
section
80.45A.
The
entity
that
facilitates
delivery
of
the
9
training
shall
maintain
training
records
for
each
of
the
10
lodging
provider’s
employees,
including
all
owners,
operators,
11
managers,
and
temporary
employees.
The
training
records
must
12
be
available
for
inspection
by
the
commissioner
within
ten
13
business
days
of
the
commissioner’s
request
to
inspect
the
14
training
records.
15
(4)
The
office,
governmental
agency,
or
nongovernmental
16
or
community
organization
that
facilitates
delivery
of
the
17
training
to
lodging
providers
shall
issue
a
certificate
18
of
completion
of
training
to
each
employee,
including
each
19
owner,
operator,
manager,
and
temporary
employee,
of
a
lodging
20
provider
that
completes
human
trafficking
prevention
training
21
pursuant
to
section
80.45A,
subsection
4.
22
Sec.
3.
NEW
SECTION
.
80.45A
Human
trafficking
prevention
23
training
——
lodging
providers.
24
1.
As
used
in
this
section,
unless
the
context
otherwise
25
requires:
26
a.
“Commissioner”
means
the
commissioner
of
the
department
27
of
public
safety
or
the
commissioner’s
designee.
28
b.
“Human
trafficking”
means
the
same
as
defined
in
section
29
710A.1.
30
c.
“Lodging”
means
the
same
as
defined
in
section
423A.2.
31
d.
“Lodging
provider”
means
the
same
as
defined
in
section
32
423A.2.
33
e.
“Lodging
provider’s
employee”
means
an
individual
who
is
34
employed
by
a
lodging
provider,
including
an
owner,
operator,
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manager,
and
temporary
employee.
1
f.
“Temporary
employee”
means
an
individual
who
is
employed
2
by
a
temporary
employment
firm
to
provide
services
to
a
lodging
3
provider
to
supplement
the
lodging
provider’s
workforce
during
4
absences,
seasonal
workloads,
temporary
skill
or
labor
market
5
shortages,
and
for
special
assignments
and
projects.
6
g.
“Temporary
employment
firm”
means
a
person
engaged
in
the
7
business
of
employing
temporary
employees.
8
2.
No
later
than
December
31,
2021,
the
commissioner
shall
9
approve
a
program
or
programs
for
human
trafficking
prevention
10
training
and
specify
the
approved
mode
or
modes
of
delivery
of
11
the
training
to
lodging
providers
pursuant
to
section
80.45,
12
subsection
3,
paragraph
“0g”
.
13
3.
No
later
than
December
31,
2021,
the
commissioner
shall
14
develop
all
of
the
following
to
certify
a
lodging
provider’s
15
voluntary
completion
of
human
trafficking
prevention
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.
The
26
internet
site
shall
be
maintained
by
the
department.
27
c.
A
poster
issued
by
the
commissioner
that
can
be
28
downloaded
from
the
department’s
internet
site
that
shall
29
be
displayed
in
the
front
entrance
and
check-in
area
of
all
30
lodging
owned,
operated,
or
owned
and
operated
by
a
certified
31
lodging
provider.
The
poster
shall
be
written
in
English
and
32
Spanish,
be
a
minimum
of
eight
inches
by
eleven
inches,
and
33
state
all
of
the
following
in
sixteen-point
font:
34
[1]
If
you
or
someone
you
know
is
being
forced
to
engage
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in
commercial
sex
or
being
forced
to
work
with
little
or
no
1
pay
and
you
cannot
leave,
contact
the
state
human
trafficking
2
helpline
or
national
human
trafficking
hotline
for
help.
3
[2]
The
helpline
and
hotline
are:
4
[a]
Anonymous
and
confidential.
5
[b]
Toll-free.
6
[c]
Available
twenty-four
hours
a
day,
seven
days
a
week.
7
[d]
Operated
by
nonprofit,
nongovernmental
organizations.
8
[e]
Able
to
provide
help,
referrals
to
services,
training,
9
and
general
information.
10
4.
Beginning
January
1,
2022,
a
lodging
provider
may
11
voluntarily
complete
and
certify
to
the
commissioner
that
12
each
of
the
lodging
provider’s
employees
have
completed
human
13
trafficking
prevention
training.
The
lodging
provider
shall
14
maintain
training
records
for
each
of
the
lodging
provider’s
15
employees
pursuant
to
rules
adopted
by
the
commissioner.
16
5.
A
lodging
provider’s
employee
who
acts
in
good
faith
17
shall
be
immune
from
civil
liability
for
reporting
suspected
18
human
trafficking
activities
to
any
law
enforcement
official.
19
6.
The
commissioner
shall
adopt
rules
pursuant
to
chapter
20
17A
as
necessary
to
implement
and
administer
this
chapter.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
human
trafficking
prevention
training,
25
the
certification
of
lodging
providers
who
have
completed
26
training,
and
prohibiting
the
use
of
public
funds
to
procure
27
lodging,
facilities,
or
services
only
from
noncertified
lodging
28
providers.
29
The
bill
requires
the
office
to
combat
human
trafficking
30
(office)
to
consult
with
other
governmental
agencies
and
31
nongovernmental
or
community
organizations
that
have
expertise
32
in
the
areas
of
human
trafficking
prevention,
victims
33
protection
and
assistance,
law
enforcement,
and
prosecution,
34
and
with
an
Iowa
organization
that
represents
lodging
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providers,
to
develop
and
facilitate
the
delivery
of
human
1
trafficking
prevention
training
for
lodging
providers.
A
2
“lodging
provider”
is
defined
in
the
bill
as
meaning
the
same
3
as
defined
in
Code
section
423A.2.
The
training
shall
focus
4
on
the
accurate
and
prompt
identification
and
reporting
of,
or
5
response
to,
suspected
human
trafficking
and
is
required
to
6
contain
specific
topics
as
detailed
in
the
bill.
In
lieu
of
7
developing
human
trafficking
prevention
training,
the
office
8
may
utilize
human
trafficking
prevention
training
developed
9
by
other
sources,
as
detailed
in
the
bill,
that
contain
all
10
of
the
topics
as
specified
in
the
bill
and
as
approved
by
the
11
commissioner
of
the
department
of
public
safety
(commissioner).
12
In
lieu
of
facilitating
the
delivery
of
human
trafficking
13
prevention
training,
the
office
may
utilize
other
sources
as
14
detailed
in
the
bill
to
facilitate
delivery
of
the
training.
15
The
entity
that
facilitates
delivery
of
the
training
to
a
16
lodging
provider
is
required
to
maintain
training
records
for
17
each
of
the
lodging
provider’s
employees.
“Lodging
provider’s
18
employee”
is
defined
in
the
bill
as
an
individual
who
is
19
employed
by
a
lodging
provider,
including
an
owner,
operator,
20
manager,
and
temporary
employee.
The
training
records
must
be
21
available
for
inspection
by
the
commissioner
within
10
business
22
days
of
the
commissioner’s
request
to
inspect
the
training
23
records.
The
entity
that
facilitates
delivery
of
the
training
24
must
issue
a
certificate
of
completion
of
training
to
each
25
employee
of
a
lodging
provider
that
completes
the
training.
26
By
no
later
than
December
31,
2021,
the
bill
requires
the
27
commissioner
to
approve
a
human
trafficking
prevention
training
28
program
or
programs
that
are
developed
for
lodging
providers
29
and
to
specify
the
mode
or
modes
of
delivery
of
the
training.
30
The
commissioner
is
also
required
to
develop
and
maintain
a
31
process
to
show
voluntary
completion
of
the
training
by
lodging
32
providers.
The
process
must
include
a
certification
that
a
33
lodging
provider
may
display
at
the
front
entrance
and
check-in
34
area
of
all
lodging
owned,
operated,
or
owned
and
operated
by
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a
lodging
provider,
and
on
any
internet
site
advertising
or
1
promoting
the
lodging.
The
commissioner
must
also
provide
a
2
poster
that
can
be
downloaded
from
the
department’s
internet
3
site
that
may
be
displayed
in
the
front
entrance
and
check-in
4
area
of
all
lodging
owned,
operated,
or
owned
and
operated
by
5
a
certified
lodging
provider.
The
poster
must
be
written
in
6
English
and
Spanish
and
contain
the
information
as
detailed
7
in
the
bill.
The
commissioner
is
also
required
to
create
a
8
publicly
accessible
internet
site
that
identifies
lodging
9
providers
that
have
completed
the
training.
The
internet
site
10
shall
be
maintained
by
the
department
of
public
safety.
11
Beginning
January
1,
2022,
a
lodging
provider
may
12
voluntarily
complete
and
certify
to
the
commissioner
that
13
each
of
the
lodging
provider’s
employees
have
completed
the
14
human
trafficking
prevention
training.
The
lodging
provider
15
is
required
to
maintain
training
records
for
each
of
the
16
lodging
provider’s
employees
pursuant
to
rules
adopted
by
the
17
commissioner.
A
lodging
provider’s
employee
who
acts
in
good
18
faith
is
immune
from
civil
liability
for
reporting
suspected
19
human
trafficking
activities
to
any
law
enforcement
official.
20
The
commissioner
shall
adopt
rules
as
necessary
to
implement
21
and
administer
the
requirements
of
the
human
trafficking
22
prevention
training
for
lodging
providers.
23
Effective
on
or
after
January
1,
2022,
a
public
employee
24
and
a
public
employer
are
prohibited
from
using
public
funds
25
to
procure
lodging
at
a
site
owned,
operated,
or
owned
and
26
operated
by
a
lodging
provider
that
is
not
certified
as
having
27
completed
human
trafficking
prevention
training.
In
addition,
28
a
public
employee
and
a
public
employer
are
prohibited
29
from
using
public
funds
to
procure
space
or
services
for
a
30
conference,
meeting,
or
banquet,
or
to
host
a
conference,
31
meeting,
or
banquet,
at
a
site
that
offers
lodging
that
is
32
owned,
operated,
or
owned
and
operated
by
a
lodging
provider
33
that
is
not
certified
as
having
completed
human
trafficking
34
prevention
training.
In
an
emergency,
an
exception
may
be
35
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H.F.
2305
granted
by
the
administrative
head
or
governing
body
in
charge
1
of
the
public
employer.
Prior
to
expending
or
committing
2
public
funds
for
lodging,
space,
or
services,
a
public
employer
3
or
a
public
employee
shall
confirm
a
lodging
provider’s
current
4
certification
status
on
the
internet
site
maintained
by
the
5
department
of
public
safety.
6
The
bill
defines
a
“public
employee”
as
an
individual
7
employed
by
a
public
employer
and
a
“public
employer”
as
the
8
state
of
Iowa,
its
boards,
commissions,
agencies,
departments,
9
and
its
political
subdivisions
including
school
districts
and
10
other
special
purpose
districts.
“Public
funds”
is
defined
in
11
the
bill
as
meaning
the
same
as
defined
in
Code
section
12C.1.
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