Bills › 88th General Assembly
Relating to human trafficking prevention training and reporting for employees of lodging providers in the state
Where it is now
- Done: IntroducedFebruary 6, 2020
- Done: SubcommitteeFebruary 11, 2020
- Done: House committeeFebruary 20, 2020
- Done: Passes the HouseMarch 5, 2020
- Done: Senate committeeJune 9, 2020
- Done: Passes the SenateJune 10, 202049–0
- Done: To the GovernorJune 24, 2020
- Done: Signed into lawJune 29, 2020
Signed into law What’s a funnel?
What’s in it
AI summary Hotels and other places that provide lodging can choose to have their employees take training to help spot and report human trafficking. If a lodging provider completes this training and gets certified, the state will list them on a public website. Government workers and agencies are only allowed to spend public money on lodging or event spaces at places that have this certification.1
Read the official explanation
This bill relates to human trafficking prevention training and reporting for employees of lodging providers in the state. Beginning January 1, 2022, a lodging provider may voluntarily complete and certify to the commissioner of public safety (commissioner) that each of the lodging provider’s employees have completed human trafficking prevention training (training). The training may be developed and delivered to lodging providers by the office to combat human trafficking, a governmental agency, or nongovernmental or community organization that has expertise in the area of human trafficking. The human trafficking prevention training must be approved by the commissioner. The human trafficking prevention training must focus on the accurate and prompt identification and reporting of, and response to, suspected human trafficking. The minimum requirements for the training content are outlined in the bill. A lodging provider must maintain training records for each of the lodging provider’s employees pursuant to rules adopted by the commissioner. No later than December 31, 2021, the commissioner must develop and maintain a certification process as detailed in the bill to certify a lodging provider’s voluntary completion of the human trafficking prevention training. A certification is valid for three years from the date the commissioner issues the certification to a lodging provider. The commissioner is required to create an internet site, readily accessible to the public, that identifies lodging providers in this state that are certified as having completed the human trafficking prevention training. The department of public safety (department) is required to maintain the internet site. A public employer or a public employee must confirm a lodging provider’s current certification status on an internet site maintained by the department prior to expending or committing public funds for certain purposes. If a lodging provider is not certified as having completed human trafficking prevention training, a public employer or a public employee cannot use public funds 1) to procure lodging that is owned, operated, or owned and operated by the lodging provider; 2) 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; or 3) 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. This applies to all public funds expended for these purposes on or after January 1, 2022. 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 bill directs the commissioner to adopt rules as necessary to implement and administer the provisions of the bill.
Senate subcommittee
Named March 10, 2020. It hasn’t reported yet.
- Sen. Chris Cournoyer R
- Sen. R. Smith
- Sen. T. Taylor
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
Cost: up to $137,000 Compare with other bills
AI summary This bill requires the Department of Public Safety to develop a voluntary human trafficking prevention training program and a certification website for lodging providers. The program is estimated to cost the state's General Fund $156,000 in fiscal year 2021 and $137,000 in fiscal year 2022. These costs include hiring an additional staff member and paying for website management, video production, and training materials.3
Read the fiscal note
Description
House File 2259 relates to human trafficking prevention training and reporting for employees of Iowa-based lodging providers as defined in Iowa Code section 423A.2. The Bill requires the Office to Combat Human Trafficking (OCHT), in collaboration with other government agencies, nongovernmental agencies, and community organizations that have expertise in the area of human trafficking prevention, to develop a human trafficking prevention training program. Lodging providers within the State may choose to voluntarily participate in the training beginning January 1, 2022. The training must focus on accurate and prompt identification and reporting of, or response to, suspected human trafficking. At a minimum, the training must include the following:
- A general overview of human trafficking.
- A general overview of State law on human trafficking.
- The definition of human trafficking and the commercial exploitation of children.
- Guidance on the difference between labor trafficking and sex trafficking.
- Guidance on how to recognize potential human trafficking victims.
- Guidance on how to recognize potential human traffickers.
- Guidance on how to identify activities commonly associated with human trafficking.
- Safe and effective responses to human trafficking situations, including but not limited to how to report suspected human trafficking to proper law enforcement officials. The training must be approved by the Commissioner of the Department of Public Safety (DPS), who is also tasked with adopting rules to implement and administer the training as necessary under Iowa Code chapter 17A.
House File 2259 also requires that no later than December 31, 2021, the Commissioner must develop and maintain both of the following to certify a lodging provider’s voluntary completion of the human trafficking prevention training:
- A certificate issued by the Commissioner that the lodging provider may display in an area visible to the public. Certification is valid for three years from the time of award of the certificate.
- An Internet site available to the public that identifies all certified lodging providers in the State. This website is to be maintained by the DPS.
The Bill also specifies that a public employer as defined under Iowa Code section 20.3 or an employee of a public employer must confirm a lodging provider’s current certification status on the DPS Internet site prior to expending or committing public funds to the lodging provider for certain purposes such as procuring lodging; procuring space or services for a conference, meeting, or banquet located at a site where lodging is available; or hosting a conference, meeting, or banquet located at such a site. If a lodging provider is not certified as having completed human trafficking prevention training, a public employer or employee thereof cannot use public funds for the purposes listed above. This applies to all public funds expended for these purposes on or after January 1, 2022.
House File 2259 provides that 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.
Background
The OCHT was established as a unit under the DPS in 2016. The OCHT serves as the point of contact for anti-human trafficking activity within the State, consulting and collaborating with other agencies and organizations that have expertise in dealing with the crime of human trafficking. The OCHT is tasked with developing a strategy to collect and maintain criminal history data on incidents related to human trafficking, as well as sharing victim and offender data with other governmental agencies.
Human trafficking is defined under the federal Victims of Trafficking and Violence Protection Act of 2000 as the recruitment, harboring, transporting, or obtaining of a person by means of force, fraud, or coercion for purposes of servitude, debt bondage, slavery, or participation in the sex trade. It may include, but does not require, physical movement of the victim. Human trafficking may also include other crimes such as drug trafficking, larceny, and money laundering, as traffickers are frequently involved in other illegal activities.
Assumptions
- The DPS estimates that more than 1,000 lodging providers located in the State would be eligible to participate in human trafficking prevention training.
- In order to ensure and maintain efficient communication and statewide compliance, the DPS would need to hire one additional full-time equivalent (FTE) position.
- It is likely that costs related to management of the database containing all certified lodging providers will decrease during the second year of implementation as initial development costs will no longer be charged.
Fiscal Impact
Estimated Costs, House File 2259Category FY 2021 FY 2022
Salary and Benefits
Senior Criminal
Intelligence Analyst 65,000$ 65,000$ Certificate/Publication Printer 9,000$ N/A Webmaster Vendor 40,000$ 40,000$ Video Production 15,000$ 15,000$ Database Management 25,000$ 15,000$ Publications 2,000$ 2,000$ Total 156,000$ 137,000$ Est. Cost Additionally, the DPS would need to initiate a request for proposal (RFP) process to find a suitable vendor to provide the webmaster content for the public Internet site that is intended to identify lodging providers certified by the Department as having successfully completed the human trafficking prevention training. The cost related to initiating an RFP is not included in the table above and would likely require additional funding in the first year of implementation. Funding for the FTE position and related costs for the establishment and implementation of human trafficking prevention training by the OCHT of the DPS would likely be appropriated from the General Fund.
Sources
- Legislative Services Agency
- Department of Public Safety
- Final Fiscal Note – Human Trafficking Training, Hotels · June 29, 2020 · $137,000
- Human Trafficking Training, Hotels · February 28, 2020 · $137,000