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:
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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
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.
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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:
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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.
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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
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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,
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455
and
its
political
subdivisions
including
school
districts
and
1
other
special
purpose
districts.
“Public
funds”
is
defined
in
2
the
bill
as
meaning
the
same
as
defined
in
Code
section
12C.1.
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