Wisconsin Legislative Council ACT MEMO One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc Prepared by: Tom Koss, Staff Attorney April 1, 2024 2023 Wisconsin Act 237 [2023 Assembly Bill 973] Mandatory Training Regarding Human Trafficking for Certain Employees 2023 WISCONSIN ACT 237 2023 Wisconsin Act 237 requires certain employees to undergo training regarding identifying and preventing human trafficking crimes. Training for Community-Based Residential Facility (CBRF) Employees State law requires the Department of Health Services to license CBRFs, which are generally defined as a place where five or more adults reside and receive care, treatment, or services, but not more than three hours of nursing care per week per resident. The act requires each employee of a CBRF who has regular and direct contact with residents who are on probation, extended supervision, or parole to receive training on identifying and preventing human trafficking. The training must include at least all of the following components: The definitions of human trafficking and the commercial exploitation of children. Guidance on how to identify individuals who are most at risk for human trafficking. The difference between labor trafficking and sex trafficking. An employee required to undergo the training must do so within 60 days after the beginning date of employment and at least every two years thereafter. Training for Other Employees Likely to Interact With Public Under the act, every employer and every entity principal 1 must provide training on identifying and preventing human trafficking crimes to every employee who is likely to interact with the public and vulnerable individuals, as determined by the Department of Workforce Development (DWD), but including at least private security officers, public transit managers, and adult entertainment establishment managers. An entity principal must provide the training, at a minimum, to each site principal, 2 and must undergo the same training at the same intervals as the site principal. The training must include at least all of the following components: The definitions of human trafficking and the commercial exploitation of children. Guidance on how to identify individuals who are most at risk for human trafficking. 1 An entity principal is the owner of a lodging establishment or main contact designated by the owner or organization to represent the owner. 2 A site principal is the person designated to oversee day-t0-day operations of a lodging establishment. - 2 - Guidance on how to identify the signs of human trafficking and how to identify individuals potentially engaged in the act of trafficking. As relevant, the difference between labor trafficking and sex trafficking specific to the hotel and motel sector. As relevant, guidance on the role of hospitality employees in reporting and responding to human trafficking. The contact information of appropriate agencies. The training must be at least 20 minutes in length, in person or interactive, and be provided within 60 days of an individual becoming an owner of a hotel, motel, or adult entertainment establishment or an employee being hired, and at least every two years thereafter. The act also specifies that, except for individuals who are legally required to report suspected human trafficking to a law enforcement agency, the failure to report a human trafficking case by an owner or employee who underwent the required training does not, by itself, result in civil liability of any entity principal, site principal, owner, or employee to the human trafficking victim or to any other party. Finally, the act requires DWD to promulgate rules to implement the act and to produce an educational video regarding the required training contents. DWD must make the video available to the public for free on its website. Effective date: March 29, 2024 For a full history of the bill, visit the Legislature’s bill history page. TK:ksm