HF 831 (LSB 1298HV (2) 91)

HOUSE FILE 831

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 463)

A BILL FOR

An Act relating to human trafficking, including the establishment of human trafficking prosecution units and the remittance of wire transmission fees to the office to combat human trafficking.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  13.36  Human trafficking prosecution units.
   1.  Two human trafficking prosecution units are established in the department of justice. The attorney general, in cooperation and coordination with the department of public safety, the office to combat human trafficking established within the department of public safety under section 80.45, and the department of health and human services, shall develop, staff, and equip two multidisciplinary teams to identify, investigate, and prosecute human trafficking cases and provide care and support for the victims of human trafficking.
   2.  One human trafficking prosecution unit shall serve the western half of the state, and the other human trafficking prosecution unit shall serve the eastern half of the state, with interstate 35 serving as the bisecting line.
   3.  A human trafficking prosecution unit shall include but not be limited to:
   a.  The attorney general, or the attorney general’s designee.
   b.  Criminal investigators from the department of public safety.
   c.  State and local law enforcement representatives.
   d.  Victim services representatives.
   e.  Health care representatives.
   f.  Community organization representatives.
   g.  Survivor advocacy group representatives.
   4.  In addition to the duties set forth in subsection 1, a human trafficking prosecution unit may also conduct training and provide technical assistance to increase community awareness.
   5.  For purposes of this section, “human trafficking” means the same as defined in section 710A.1.
    Sec. 2.  NEW SECTION.  533C.1004  Wire transmission fees.
   1.  For purposes of this section, “wire transmission” means money transmission by wire including transmission within this country or to or from locations abroad.
   2.  In addition to any other fee required by law for a wire transmission, a licensee or the licensee’s authorized delegate shall collect from a customer a fee of five dollars for each wire transmission equal to or less than five hundred dollars, and in addition to such fee, if applicable, an amount equal to two percent of the amount of the wire transmission in excess of five hundred dollars.
   3.  The fees collected under subsection 2 shall be remitted quarterly by the licensee or the licensee’s authorized delegate to the department of revenue in the form and manner prescribed by the department of revenue, in consultation with the department of public safety. All required forms and remittances shall be filed with the department of revenue no later than the fifteenth day of the month following the close of each calendar quarter.
   4.  The department of revenue shall account for all fees remitted under subsection 3 and pay over the same to the office to combat human trafficking established in section 80.45.
   5.  A licensee and the authorized delegate of a licensee furnishing money transfer services shall post a notice, in the form and manner prescribed by the department of public safety, that notifies customers that upon filing an individual income tax return with a valid social security number or a valid taxpayer identification number, the customer shall be entitled to an individual income tax credit equal to the amount of wire transmission fees paid by the customer during the tax year.
   6.  a.  The department of revenue, in consultation with the department of public safety, shall enforce the provisions of this section.
   b.  If a licensee or licensee’s authorized delegate fails to comply with subsection 3, the department of revenue shall notify the superintendent who may suspend or revoke the licensee’s license under section 533C.901, and may issue an order suspending or revoking the designation of an authorized delegate under section 533C.902. Notification of a suspension under this paragraph shall be delivered to the commissioner of public safety. 
   c.  Upon request by the department of revenue, the superintendent may file a claim against the surety bond of the licensee on behalf of the state.
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, including the establishment of human trafficking prosecution units and the remittance of wire transmission fees to the office to combat human trafficking.
   The bill provides that two human trafficking prosecution units are established in the department of justice. The attorney general, in cooperation and coordination with the department of public safety, the office to combat human trafficking, and the department of health and human services, shall develop, staff, and equip two multidisciplinary teams to identify, investigate, and prosecute human trafficking cases and provide care and support for the victims of human trafficking. One human trafficking prosecution unit shall serve the western half of the state, and the other shall serve the eastern half of the state, with interstate 35 serving as the bisecting line.
   The bill provides that a human trafficking prosecution unit shall include but not be limited to: the attorney general, or the attorney general’s designee; criminal investigators from the department of public safety; state and local law enforcement representatives; victim services representatives; health care representatives; community organization representatives; and survivor advocacy group representatives. A human trafficking prosecution unit may also conduct training and provide technical assistance to increase community awareness.
   The bill defines “human trafficking” to mean the same as defined in Code section 710A.1.
   The bill provides that, in addition to any other fee required by law for a wire transmission, a licensee or the licensee’s authorized delegate shall collect a fee of $5 for each wire transmission equal to or less than $500, and an additional fee equal to 2 percent of any amount in excess of $500.
   The fees shall be remitted by the licensee quarterly to the department of revenue (DOR) in the form and manner prescribed by DOR in consultation with the department of public safety. All required forms and remittances shall be filed with DOR no later than the 15th day of the month following the close of each calendar quarter. DOR shall account for all fees remitted and pay over the same to the office to combat human trafficking.
   A licensee furnishing money transfer services shall post a notice to customers that upon filing an individual income tax return with a valid social security number or taxpayer identification number, the customer shall be entitled to an individual income tax credit equal to the amount of wire transmission fees paid by the customer during the tax year.
   DOR, in consultation with the department of public safety, shall enforce the provisions of the bill. If a licensee fails to comply with the bill, DOR shall notify the superintendent of banking who may suspend or revoke the licensee’s license, and may issue an order suspending or revoking the designation of an authorized delegate. Notification of a suspension shall be delivered to the commissioner of public safety. Upon request by DOR, the superintendent may file a claim against the surety bond of the licensee on behalf of the state.