H.F. _____ Section 1. NEW SECTION . 152C.5B License and 1 government-issued identification —— peace officer request. 2 1. For purposes of this section, unless the context 3 otherwise requires: 4 a. “Government-issued identification” means any of the 5 following: 6 (1) An unexpired driver’s license issued by any state, 7 territory, or district of the United States. 8 (2) An unexpired identification card issued by any state, 9 territory, or district of the United States. 10 (3) An unexpired United States passport. 11 (4) A naturalization certificate issued by the United 12 States citizenship and immigration services. 13 (5) An unexpired permanent resident card, also known as 14 a green card, issued by the United States citizenship and 15 immigration services. 16 (6) An unexpired employment authorization document issued 17 by the United States citizenship and immigration services. 18 b. “Peace officer” means any of the following: 19 (1) Sheriffs and their regular deputies who are subject to 20 mandated law enforcement training. 21 (2) Marshals and police officers of cities. 22 (3) Peace officer members of the department of public safety 23 as defined in chapter 80. 24 (4) Special security officers employed by board of regents 25 institutions as set forth in section 262.13. 26 (5) Such employees of the department of transportation as 27 are designated “peace officers” by resolution of the department 28 under section 321.477. 29 (6) Employees of an aviation authority designated as “peace 30 officers” by the authority under section 330A.8, subsection 16. 31 2. While engaged in the practice of massage therapy, 32 a person licensed or who purports to be licensed under 33 this chapter shall, upon the request of any peace officer, 34 immediately present a copy of the person’s valid massage 35 -1- LSB 1730YC (3) 89 ko/rh 1/ 9

H.F. _____ therapist license and government-issued identification to the 1 peace officer. A person who violates this subsection commits 2 a serious misdemeanor. 3 Sec. 2. NEW SECTION . 152C.5C Announcements to the public. 4 1. For purposes of this section, “announcement to the 5 public” means the use of any print media, broadcast media, 6 internet site, or any other means to advertise or market 7 massage therapy services. 8 2. A person shall not do any of the following in an 9 announcement to the public: 10 a. Represent that another person is licensed under this 11 chapter when the person knows, or has reason to know, that the 12 other person is not licensed. 13 b. Falsely represent the person’s self as licensed under 14 this chapter. 15 c. Offer the services of massage therapy if paragraph “a” or 16 “b” of this subsection applies. 17 3. A person who violates subsection 2 commits a serious 18 misdemeanor. 19 Sec. 3. NEW SECTION . 157.4A License and government-issued 20 identification —— peace officer request. 21 1. For purposes of this section, unless the context 22 otherwise requires: 23 a. “Government-issued identification” means any of the 24 following: 25 (1) An unexpired driver’s license issued by any state, 26 territory, or district of the United States. 27 (2) An unexpired identification card issued by any state, 28 territory, or district of the United States. 29 (3) An unexpired United States passport. 30 (4) A naturalization certificate issued by the United 31 States citizenship and immigration services. 32 (5) An unexpired permanent resident card, also known as 33 a green card, issued by the United States citizenship and 34 immigration services. 35 -2- LSB 1730YC (3) 89 ko/rh 2/ 9

H.F. _____ (6) An unexpired employment authorization document issued 1 by the United States citizenship and immigration services. 2 b. “Peace officer” means any of the following: 3 (1) Sheriffs and their regular deputies who are subject to 4 mandated law enforcement training. 5 (2) Marshals and police officers of cities. 6 (3) Peace officer members of the department of public safety 7 as defined in chapter 80. 8 (4) Special security officers employed by board of regents 9 institutions as set forth in section 262.13. 10 (5) Such employees of the department of transportation as 11 are designated “peace officers” by resolution of the department 12 under section 321.477. 13 (6) Employees of an aviation authority designated as “peace 14 officers” by the authority under section 330A.8, subsection 16. 15 2. While engaged in the practice of cosmetology, a person 16 licensed or who purports to be licensed under this chapter 17 shall, upon the request of any peace officer, immediately 18 present a copy of the person’s valid cosmetologist license and 19 government-issued identification to the peace officer. 20 Sec. 4. NEW SECTION . 157.4B Announcements to the public. 21 1. For purposes of this section, “announcement to the 22 public” means the use of any print media, broadcast media, 23 internet site, or any other means to advertise or market 24 massage therapy services. 25 2. A person shall not do any of the following in an 26 announcement to the public: 27 a. Represent that another person is licensed under this 28 chapter when the person knows, or has reason to know, that the 29 other person is not licensed. 30 b. Falsely represent the person’s self as licensed under 31 this chapter. 32 3. A person who violates subsection 2 commits a serious 33 misdemeanor. 34 Sec. 5. Section 710A.1, subsection 3, Code 2021, is amended 35 -3- LSB 1730YC (3) 89 ko/rh 3/ 9

H.F. _____ to read as follows: 1 3. “Forced labor or services” means labor or services 2 that are performed or provided by another person and that are 3 obtained or maintained through any of the following: 4 a. Causing or threatening to cause serious physical injury 5 to any person. 6 b. Physically restraining or threatening to physically 7 restrain another person. 8 c. Abusing or threatening to abuse the law or legal process. 9 d. Knowingly destroying, concealing, removing, 10 confiscating, or possessing any actual or purported passport or 11 other immigration document, or any other actual or purported 12 government identification document, of another person. 13 e. Knowingly providing or facilitating the provision of 14 a forged, altered, or fraudulent license purportedly issued 15 pursuant to chapter 152C or 157, or a forged, altered, or 16 fraudulent government identification, to another person in 17 order to force, coerce, entice, assist, facilitate, or permit 18 the other person to perform labor or services. 19 f. Knowingly forcing, coercing, enticing, assisting, 20 facilitating, or permitting another person in possession of 21 a forged, altered, or fraudulent license purportedly issued 22 pursuant to chapter 152C or 157, or a forged, altered, or 23 fraudulent government identification, to produce such license 24 or government identification to a peace officer upon request of 25 the peace officer pursuant to section 152C.5B or 157.4A. 26 Sec. 6. Section 710A.2, subsection 6, Code 2021, is amended 27 to read as follows: 28 6. A person who knowingly engages in human trafficking 29 by knowingly destroying, concealing, removing, confiscating, 30 or possessing any actual or purported passport or other 31 immigration document, or any other actual or purported 32 government identification document of a victim another person 33 is guilty of a class “D” felony, except that if that other 34 person is under the age of eighteen, the person is guilty of a 35 -4- LSB 1730YC (3) 89 ko/rh 4/ 9

H.F. _____ class “C” felony. 1 Sec. 7. Section 710A.2, Code 2021, is amended by adding the 2 following new subsections: 3 NEW SUBSECTION . 7A. A person who knowingly engages in 4 human trafficking by knowingly providing or facilitating 5 the provision of a forged, altered, or fraudulent license 6 purportedly issued pursuant to chapter 152C or 157, or a 7 forged, altered, or fraudulent government identification to 8 another person, to force, coerce, entice, assist, facilitate, 9 or permit the other person to perform labor or services is 10 guilty of an aggravated misdemeanor, except if that other 11 person is under the age of eighteen, the person is guilty of a 12 class “D” felony. 13 NEW SUBSECTION . 7B. A person who knowingly engages in 14 human trafficking by knowingly forcing, coercing, enticing, 15 assisting, facilitating, or permitting another person in 16 possession of a forged, altered, or fraudulent license 17 purportedly issued pursuant to chapter 152C or 157, or a 18 forged, altered, or fraudulent government identification, to 19 produce such license or government identification upon request 20 of a peace officer pursuant to section 152C.5B or 157.4A, is 21 guilty of an aggravated misdemeanor, except if that other 22 person is under the age of eighteen, the person is guilty of a 23 class “D” felony. 24 NEW SUBSECTION . 9. A person who is found guilty, enters 25 a plea of guilty, receives a deferred judgment, or receives a 26 deferred or suspended sentence for a violation of this chapter 27 shall be ineligible for a license pursuant to chapter 152C or 28 157 for a period of not less than five years from the date of 29 conviction, plea, judgment, or sentence. 30 Sec. 8. NEW SECTION . 710A.2B Premises used for human 31 trafficking. 32 1. A person who owns, rents, leases, or uses any part of 33 a building, structure, boat, trailer, or other place offering 34 shelter or seclusion, and who knows, or has reason to know, 35 -5- LSB 1730YC (3) 89 ko/rh 5/ 9

H.F. _____ that the building, structure, boat, trailer, or other place 1 offering shelter or seclusion is being used for the purposes of 2 human trafficking, commits a class “D” felony. 3 2. It shall be an affirmative defense to a prosecution of a 4 person pursuant to subsection 1, if immediately upon acquiring 5 knowledge that the building, structure, boat, trailer, or other 6 place offering shelter or seclusion is used for the purposes of 7 human trafficking, the person notifies a law enforcement agency 8 with jurisdiction and fully cooperates with any subsequent 9 investigation. 10 Sec. 9. Section 710A.4, Code 2021, is amended to read as 11 follows: 12 710A.4 Restitution —— restorative expenses . 13 1. For purposes of this section, “restorative expenses” 14 means the projected costs of education, vocational training, 15 medical health, mental health, transportation, housing, child 16 care, or other projected costs that will aid in a victim’s 17 recovery. 18 2. The gross income of the a defendant or the value of 19 labor or services performed by the a victim to of the defendant 20 shall be considered when determining the amount of restitution 21 pursuant to chapter 910 . For purposes of this section, 22 restitution may include restorative expenses for a period not 23 to exceed ten years as approved and ordered by the court. 24 3. A defendant’s ability to pay shall not be a factor in the 25 court’s decision to order restorative expenses. 26 4. A defendant’s obligation to pay court-ordered 27 restorative expenses shall not be dischargeable in any 28 proceeding under the federal Bankruptcy Act of 1898, as 29 amended. 30 Sec. 10. NEW SECTION . 710A.7 Peace officer referral. 31 If during the course of an investigation or prosecution 32 under this chapter a peace officer has reason to believe that a 33 person who purports to be licensed pursuant to chapter 152C or 34 157 does not possess a valid license or is in violation of any 35 -6- LSB 1730YC (3) 89 ko/rh 6/ 9

H.F. _____ other state or federal laws, the peace officer may report such 1 noncompliance to the appropriate board as designated in section 2 147.13, to the investigations division of the department of 3 inspections and appeals, and to the appropriate state or 4 federal authorities. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to certain civil and criminal enforcement 9 activities involving the practice of massage therapy and 10 cosmetology, and human trafficking, and provides penalties. 11 PRACTICE OF MASSAGE THERAPY AND COSMETOLOGY. The bill 12 provides that while engaged in the practice of massage therapy 13 pursuant to Code chapter 152C or cosmetology pursuant to 14 Code chapter 157, a person who is licensed or who purports 15 to be licensed must, immediately upon the request of a peace 16 officer, present a copy of the person’s valid license and 17 government-issued identification to the peace officer. A 18 person who fails to comply with such a request commits a 19 serious misdemeanor. The bill provides definitions of 20 “government-issued identification” and “peace officer”. 21 The bill prohibits a person, in an announcement to the 22 public, from representing that another person is licensed 23 as a massage therapist or a cosmetologist, when the person 24 knows or has reason to know the other person is not licensed 25 as a massage therapist or a cosmetologist. A person is also 26 prohibited from falsely representing the person’s self as being 27 licensed as a massage therapist or a cosmetologist. A person 28 who violates either provision commits a serious misdemeanor. 29 The bill provides a definition of “announcement to the public”. 30 HUMAN TRAFFICKING. The bill provides that a person who 31 knowingly engages in human trafficking by knowingly providing 32 or facilitating the provision of a forged, altered, or 33 fraudulent license purportedly issued pursuant to Code chapter 34 152C or 157, or a forged, altered, or fraudulent government 35 -7- LSB 1730YC (3) 89 ko/rh 7/ 9

H.F. _____ identification, to another person to force, coerce, entice, 1 assist, facilitate, or permit the other person to perform labor 2 or services, is guilty of an aggravated misdemeanor. If the 3 other person is under the age of 18, the person is guilty 4 of a class “D” felony. The bill provides that a person who 5 knowingly engages in human trafficking by knowingly forcing, 6 coercing, enticing, assisting, facilitating, or permitting 7 another person in possession of a forged, altered, or 8 fraudulent license purportedly issued pursuant to Code chapter 9 152C or 157, or a forged, altered, or fraudulent government 10 identification, to produce such license or government 11 identification to a peace officer upon request of a peace 12 officer, is guilty of an aggravated misdemeanor. If the other 13 person is under the age of 18, the person is guilty of a class 14 “D” felony. A person who is found guilty, enters a plea of 15 guilty, receives a deferred judgment, or receives a deferred or 16 suspended sentence for either violation shall be ineligible for 17 a massage therapist or cosmetologist license for at least five 18 years. 19 The bill provides that a person who owns, rents, leases, or 20 uses any building, structure, boat, trailer, or other place 21 offering shelter or seclusion, and who knows or has reason to 22 know that the building, structure, boat, trailer, or other 23 place is being used for human trafficking, commits a class 24 “D” felony. It is an affirmative defense if, immediately 25 upon acquiring knowledge of the human trafficking, the person 26 notifies a law enforcement agency with jurisdiction and fully 27 cooperates with any subsequent investigation. 28 The bill provides that a court may order restorative 29 expenses for a period of 10 years as part of a human 30 trafficking victim’s restitution. The bill defines 31 “restorative expenses” as the projected costs of education, 32 vocational training, medical health, mental health, 33 transportation, housing, child care, or other projected 34 costs that will aid in a victim’s recovery. The court is 35 -8- LSB 1730YC (3) 89 ko/rh 8/ 9

H.F. _____ prohibited from considering a defendant’s ability to pay in the 1 court’s decision to order restorative expenses. A defendant’s 2 obligation to pay court-ordered restorative expenses is not 3 dischargeable in any proceeding under the federal Bankruptcy 4 Act. 5 The bill provides that if during the course of an 6 investigation of or prosecution for human trafficking, a peace 7 officer has reason to believe that a person who purports to 8 be licensed as a massage therapist or a cosmetologist does 9 not possess a valid license, or is in violation of any other 10 state or federal laws, the peace officer may report such 11 noncompliance to the appropriate licensing board, to the 12 investigations division of the department of inspections and 13 appeals, and to the appropriate state or federal authorities. 14 -9- LSB 1730YC (3) 89 ko/rh 9/ 9