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 TLSB 5203YH (13) 88 ko/rh

H.F. 2305 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 35 -1- LSB 5203YH (13) 88 ko/rh 1/ 8

H.F. 2305 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 35 -2- LSB 5203YH (13) 88 ko/rh 2/ 8

H.F. 2305 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, 35 -3- LSB 5203YH (13) 88 ko/rh 3/ 8

H.F. 2305 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 35 -4- LSB 5203YH (13) 88 ko/rh 4/ 8

H.F. 2305 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 35 -5- LSB 5203YH (13) 88 ko/rh 5/ 8

H.F. 2305 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 35 -6- LSB 5203YH (13) 88 ko/rh 6/ 8

H.F. 2305 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 -7- LSB 5203YH (13) 88 ko/rh 7/ 8

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. 12 -8- LSB 5203YH (13) 88 ko/rh 8/ 8