Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB973 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment: ~~March 27, 2024~~
2		-	2023 Assembly Bill 973 Date of publication*: ~~March 28, 2024~~
3		-	2023 WISCONSIN ACT ~~237~~
	1	+	Date of enactment:
	2	+	2023 Assembly Bill 973 Date of publication*:
	3	+	2023 WISCONSIN ACT
4	4		AN ACT to renumber and amend 50.035 (1); and to create 50.035 (1) (c) and 103.155 of the statutes; relating to:
5	5		mandatory training regarding human trafficking for employees of community−based residential facilities and owners
6	6		of certain entities and certain other employees and granting rule−making authority.
7	7		The people of the state of Wisconsin, represented in
8	8		senate and assembly, do enact as follows:
9	9		SECTION 1. 50.035 (1) of the statutes is renumbered
10	10		50.035 (1) (a) and amended to read:
11	11		50.035 (1) (a) Each employee of a community−based
12	12		residential facility shall, within 90 days after the begin-
13	13		ning date of employment, receive basic first aid training
14	14		and other safety training. The department shall indicate
15	15		acceptable sources from which facility employees may
16	16		receive this training. The department shall also develop
17	17		instructional materials for use by facilities concerning
18	18		acceptable methods of operation and procedures for pro-
19	19		tecting and serving the needs of facility residents. The
20	20		department may require that all facility employees com-
21	21		plete a program involving these materials and may sell
22	22		the materials to facilities at cost. In addition, each facility
23	23		employee
24	24		(b) Each employee of a community−based residen-
25	25		tial facility shall, within 90 days after the beginning date
26	26		of employment, receive training in fire prevention and
27	27		control and evacuation techniques. Each facility shall
28	28		coordinate its training in fire prevention and control and
29	29		evacuation techniques with the local fire department.
30	30		SECTION 2. 50.035 (1) (c) of the statutes is created to
31	31		read:
32	32		50.035 (1) (c) Each employee of a community−based
33	33		residential facility who has regular, direct contact with
34	34		facility residents who are on probation, extended super-
35	35		vision, or parole shall, within 60 days after the beginning
36	36		date of employment and at least every 2 years thereafter,
37	37		receive training on identifying and preventing human
38	38		trafficking crimes, as defined in s. 165.505 (1) (am). The
39	39		training required under this paragraph shall include at
40	40		least all of the following:
41	41		1. The definitions of human trafficking and the com-
42	42		mercial exploitation of children.
43	43		2. Guidance on how to identify individuals who are
44	44		most at risk for human trafficking.
45	45		3. The difference between labor trafficking and sex
46	46		trafficking.
47	47		SECTION 3. 103.155 of the statutes is created to read:
48	48		103.155 Mandatory training regarding human
49	49		trafficking. (1) DEFINITIONS. In this section:
50	50		(a) “Campground” means a parcel or tract of land
51	51		owned by a person, the state, or a local government that
52	52		is designed, maintained, intended, or used for the purpose
53	53		of providing campsites, offered with or without charge,
54	54		for temporary overnight sleeping accommodations.
55	55		* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
56		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act ~~237~~ 2023 Assembly Bill 973
	56	+	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 973
57	57		(b) “Entity principal” means the owner of a lodging
58	58		establishment or the main contact designated by the
59	59		owner or organization to represent the owner.
60	60		(c) “Human trafficking crimes” has the meaning
61	61		given in s. 165.505 (1) (am).
62	62		(d) “Lodging establishment” means any of the fol-
63	63		lowing:
64	64		1. A bed and breakfast establishment, as defined in
65	65		s. 97.01 (1g).
66	66		2. A hotel or motel. In this subdivision, “hotel” or
67	67		“motel” has the meaning given for “hotel” in s. 97.01 (7.)
68	68		3. A tourist rooming house, as defined in s. 97.01
69	69		(15k).
70	70		4. A short−term rental, as defined in s. 66.0615 (1)
71	71		(dk).
72	72		5. A campground.
73	73		(e) “Site principal” means the person designated by
74	74		an entity principal to oversee the day−to−day operations
75	75		of a lodging establishment.
76	76		(2) TRAINING. (a) Each employer shall provide train-
77	77		ing regarding identifying and preventing human traffick-
78	78		ing crimes to employees who are likely to interact with
79	79		the public and vulnerable individuals, as determined by
80	80		the department. At a minimum, employers shall provide
81	81		such training to all of their employees who are private
82	82		security officers, public transit managers, and adult
83	83		entertainment establishment managers. Owners of adult
84	84		entertainment establishments are required to undergo the
85	85		same training at the same intervals as managers
86	86		employed at those entities.
87	87		(b) Each entity principal shall provide training
88	88		regarding identifying and preventing human trafficking
89	89		crimes to employees who are likely to interact with the
90	90		public and vulnerable individuals, as determined by the
91	91		department. At a minimum, each entity principal shall
92	92		provide such training to the site principal. Entity princi-
93	93		pals are required to undergo the same training at the same
94	94		intervals as the site principal.
95	95		(c) The training required under this section shall
96	96		include at least all of the following:
97	97		1. The definitions of human trafficking and the com-
98	98		mercial exploitation of children.
99	99		2. Guidance on how to identify individuals who are
100	100		most at risk for human trafficking.
101	101		3. Guidance on how to identify the signs of human
102	102		trafficking and how to identify individuals potentially
103	103		engaged in the act of trafficking.
104	104		4. As relevant, the difference between labor traffick-
105	105		ing and sex trafficking specific to the hotel and motel sec-
106	106		tor.
107	107		5. As relevant, guidance on the role of hospitality
108	108		employees in reporting and responding to human traf-
109	109		ficking.
110	110		6. The contact information of appropriate agencies,
111	111		including the toll−free telephone number of the National
112	112		Human Trafficking Hotline or the telephone numbers of
113	113		the appropriate local law enforcement agencies.
114	114		(d) The training required under this section shall be
115	115		at least 20 minutes in length, in person or interactive, and
116	116		shall be undergone or provided within 60 days of an indi-
117	117		vidual becoming an entity principal, site principal, or
118	118		owner of an adult entertainment establishment, or an
119	119		employee being hired, and at least every 2 years there-
120	120		after.
121	121		(e) Except for individuals who are required by law to
122	122		report suspected human trafficking to law enforcement
123	123		agencies, the failure to report a human trafficking case by
124	124		an owner or employee who is trained as required under
125	125		this section does not, by itself, result in the civil liability
126	126		of any entity principal, site principal, owner, or employee
127	127		to the human trafficking victim in the case in question or
128	128		to any other party.
129	129		(3) RULES. The department shall promulgate rules to
130	130		implement this section.
131	131		(4) EDUCATIONAL VIDEO. The department shall pro-
132	132		duce a training video regarding the subjects in sub. (2) (c)
133	133		and make the video available to the public at no cost on
134	134		the department’s website.