HF 2305 (LSB 5203YH (13) 88)

HOUSE FILE 2305

BY  WINCKLER, ISENHART, and JAMES

A BILL FOR

An Act relating to human trafficking prevention training, by providing for certification of lodging providers who have voluntarily completed training and prohibiting the use of public funds to procure lodging, facilities, or services from noncertified lodging providers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  8A.520  Public funds —— certified lodging providers.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Lodging” means the same as defined in section 423A.2.
   b.  “Lodging provider” means the same as defined in section 423A.2.
   c.  “Public employee” means an individual employed by a public employer.
   d.  “Public employer” means the same as defined in section 20.3.
   e.  “Public funds” means the same as defined in section 12C.1.
   2.  If a lodging provider is not certified as having completed human trafficking prevention training pursuant to section 80.45A, a public employer and a public employee shall not use public funds for any of the following purposes:
   a.  To procure lodging that is owned, operated, or owned and operated by the lodging provider.
   b.  To procure space or services for a conference, meeting, or banquet located at a site where lodging is available that is owned, operated, or owned and operated by the lodging provider.
   c.  To host a conference, meeting, or banquet at a site where lodging is available that is owned, operated, or owned and operated by the lodging provider.
   3.  Prior to expending or committing public funds for a purpose described in subsection 2, a public employer or a public employee shall confirm a lodging provider’s current certification status on the internet site maintained by the department of public safety pursuant to section 80.45A, subsection 3.
   4.  In an emergency, an exception to subsection 2 may be granted by the administrative head or governing body in charge of the public employer.
   5.  This section applies to all public funds expended for a purpose described in subsection 2 on or after January 1, 2022.
    Sec. 2.  Section 80.45, subsection 3, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0g.  (1)  Consult with other governmental agencies and nongovernmental or community organizations that have expertise in the areas of human trafficking prevention, victim protection and assistance, law enforcement, and prosecution, and with an Iowa organization that represents lodging providers, to develop and facilitate the delivery of human trafficking prevention training for lodging providers pursuant to section 80.45A. The training shall focus on the accurate and prompt identification and reporting of, or response to, suspected human trafficking. The human trafficking prevention training shall include, at a minimum, all of the following:
   (a)  A general overview of human trafficking.
   (b)  A general overview of state law on human trafficking.
   (c)  The definition of human trafficking and the commercial exploitation of children.
   (d)  Guidance on the difference between labor trafficking and sex trafficking.
   (e)  Guidance on how to recognize potential human trafficking victims.
   (f)  Guidance on how to recognize potential human traffickers.
   (g)  Guidance on how to identify activities commonly associated with human trafficking.
   (h)  Safe and effective responses to human trafficking situations, including but not limited to how to report suspected human trafficking to proper law enforcement officials.
   (2)  In lieu of developing human trafficking prevention training, the office may utilize human trafficking prevention training developed by other sources that has been approved by the commissioner and that meets all of the criteria in subparagraph (1).
   (3)  In lieu of facilitating the delivery of human trafficking prevention training developed pursuant to subparagraph (1) or (2), the office may utilize a governmental agency or a nongovernmental or community organization that has expertise in the area of human trafficking prevention training and that has been approved by the commissioner, to facilitate delivery of the training to lodging providers pursuant to section 80.45A. The entity that facilitates delivery of the training shall maintain training records for each of the lodging provider’s employees, including all owners, operators, managers, and temporary employees. The training records must be available for inspection by the commissioner within ten business days of the commissioner’s request to inspect the training records.
   (4)  The office, governmental agency, or nongovernmental or community organization that facilitates delivery of the training to lodging providers shall issue a certificate of completion of training to each employee, including each owner, operator, manager, and temporary employee, of a lodging provider that completes human trafficking prevention training pursuant to section 80.45A, subsection 4.
    Sec. 3.  NEW SECTION.  80.45A  Human trafficking prevention training —— lodging providers.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Commissioner” means the commissioner of the department of public safety or the commissioner’s designee.
   b.  “Human trafficking” means the same as defined in section 710A.1.
   c.  “Lodging” means the same as defined in section 423A.2.
   d.  “Lodging provider” means the same as defined in section 423A.2.
   e.  “Lodging provider’s employee” means an individual who is employed by a lodging provider, including an owner, operator, manager, and temporary employee.
   f.  “Temporary employee” means an individual who is employed by a temporary employment firm to provide services to a lodging provider to supplement the lodging provider’s workforce during absences, seasonal workloads, temporary skill or labor market shortages, and for special assignments and projects.
   g.  “Temporary employment firm” means a person engaged in the business of employing temporary employees.
   2.  No later than December 31, 2021, the commissioner shall approve a program or programs for human trafficking prevention training and specify the approved mode or modes of delivery of the training to lodging providers pursuant to section 80.45, subsection 3, paragraph “0g”.
   3.  No later than December 31, 2021, the commissioner shall develop all of the following to certify a lodging provider’s voluntary completion of human trafficking prevention training:
   a.  A certification issued by the commissioner that a lodging provider may display, in an area readily visible to the public, in the following areas of all lodging owned, operated, or owned and operated by the lodging provider:
   (1)  The front entrance of the lodging.
   (2)  The check-in area of the lodging.
   (3)  Any internet site advertising or promoting the lodging.
   b.  An internet site, readily accessible to the public, that identifies lodging providers in this state that are certified as having completed human trafficking prevention training. The internet site shall be maintained by the department.
   c.  A poster issued by the commissioner that can be downloaded from the department’s internet site that shall be displayed in the front entrance and check-in area of all lodging owned, operated, or owned and operated by a certified lodging provider. The poster shall be written in English and Spanish, be a minimum of eight inches by eleven inches, and state all of the following in sixteen-point font:
   [1] If you or someone you know is being forced to engage in commercial sex or being forced to work with little or no pay and you cannot leave, contact the state human trafficking helpline or national human trafficking hotline for help.
   [2] The helpline and hotline are:
   [a] Anonymous and confidential.
   [b] Toll-free.
   [c] Available twenty-four hours a day, seven days a week.
   [d] Operated by nonprofit, nongovernmental organizations.
   [e] Able to provide help, referrals to services, training, and general information.

   4.  Beginning January 1, 2022, a lodging provider may voluntarily complete and certify to the commissioner that each of the lodging provider’s employees have completed human trafficking prevention training. The lodging provider shall maintain training records for each of the lodging provider’s employees pursuant to rules adopted by the commissioner.
   5.  A lodging provider’s employee who acts in good faith shall be immune from civil liability for reporting suspected human trafficking activities to any law enforcement official.
   6.  The commissioner shall adopt rules pursuant to chapter 17A as necessary to implement and administer this chapter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to human trafficking prevention training, the certification of lodging providers who have completed training, and prohibiting the use of public funds to procure lodging, facilities, or services only from noncertified lodging providers.
   The bill requires the office to combat human trafficking (office) to consult with other governmental agencies and nongovernmental or community organizations that have expertise in the areas of human trafficking prevention, victims protection and assistance, law enforcement, and prosecution, and with an Iowa organization that represents lodging providers, to develop and facilitate the delivery of human trafficking prevention training for lodging providers. A “lodging provider” is defined in the bill as meaning the same as defined in Code section 423A.2. The training shall focus on the accurate and prompt identification and reporting of, or response to, suspected human trafficking and is required to contain specific topics as detailed in the bill. In lieu of developing human trafficking prevention training, the office may utilize human trafficking prevention training developed by other sources, as detailed in the bill, that contain all of the topics as specified in the bill and as approved by the commissioner of the department of public safety (commissioner). In lieu of facilitating the delivery of human trafficking prevention training, the office may utilize other sources as detailed in the bill to facilitate delivery of the training. The entity that facilitates delivery of the training to a lodging provider is required to maintain training records for each of the lodging provider’s employees. “Lodging provider’s employee” is defined in the bill as an individual who is employed by a lodging provider, including an owner, operator, manager, and temporary employee. The training records must be available for inspection by the commissioner within 10 business days of the commissioner’s request to inspect the training records. The entity that facilitates delivery of the training must issue a certificate of completion of training to each employee of a lodging provider that completes the training.
   By no later than December 31, 2021, the bill requires the commissioner to approve a human trafficking prevention training program or programs that are developed for lodging providers and to specify the mode or modes of delivery of the training. The commissioner is also required to develop and maintain a process to show voluntary completion of the training by lodging providers. The process must include a certification that a lodging provider may display at the front entrance and check-in area of all lodging owned, operated, or owned and operated by a lodging provider, and on any internet site advertising or promoting the lodging. The commissioner must also provide a poster that can be downloaded from the department’s internet site that may be displayed in the front entrance and check-in area of all lodging owned, operated, or owned and operated by a certified lodging provider. The poster must be written in English and Spanish and contain the information as detailed in the bill. The commissioner is also required to create a publicly accessible internet site that identifies lodging providers that have completed the training. The internet site shall be maintained by the department of public safety.
   Beginning January 1, 2022, a lodging provider may voluntarily complete and certify to the commissioner that each of the lodging provider’s employees have completed the human trafficking prevention training. The lodging provider is required to maintain training records for each of the lodging provider’s employees pursuant to rules adopted by the commissioner. A lodging provider’s employee who acts in good faith is immune from civil liability for reporting suspected human trafficking activities to any law enforcement official.
   The commissioner shall adopt rules as necessary to implement and administer the requirements of the human trafficking prevention training for lodging providers.
   Effective on or after January 1, 2022, a public employee and a public employer are prohibited from using public funds to procure lodging at a site owned, operated, or owned and operated by a lodging provider that is not certified as having completed human trafficking prevention training. In addition, a public employee and a public employer are prohibited from using public funds to procure space or services for a conference, meeting, or banquet, or to host a conference, meeting, or banquet, at a site that offers lodging that is owned, operated, or owned and operated by a lodging provider that is not certified as having completed human trafficking prevention training. In an emergency, an exception may be granted by the administrative head or governing body in charge of the public employer. Prior to expending or committing public funds for lodging, space, or services, a public employer or a public employee shall confirm a lodging provider’s current certification status on the internet site maintained by the department of public safety.
   The bill defines a “public employee” as an individual employed by a public employer and a “public employer” as the state of Iowa, its boards, commissions, agencies, departments, and its political subdivisions including school districts and other special purpose districts. “Public funds” is defined in the bill as meaning the same as defined in Code section 12C.1.