Wisconsin Legislative Council AMENDMENT 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 Memo published: February 22, 2024 Contact: Tom Koss, Staff Attorney 2023 Assembly Bill 978 Assembly Substitute Amendment 2 2023 ASSEMBLY BILL 978 Very generally, 2023 Assembly Bill 978 creates a statewide human trafficking council, requires counties with an above-average level of sex trafficking activity to establish a county task force to combat sex trafficking in that county, and requires certain law enforcement officers to undergo training related to human trafficking. The bill attaches the council to the Department of Justice (DOJ) and specifies 14 appointees that comprise the council’s membership, including certain cabinet secretaries and law enforcement representatives. The council must submit a report to the Legislature each year that summarizes the data collected by and activities of the council during the previous year. The bill assigns the council several duties. As relevant to Assembly Substitute Amendment 2, those duties include: (1) annually reviewing and assessing the efficacy of state expenditures related to human trafficking; (2) compiling data on human trafficking offenses in Wisconsin; and (3) using that data to assess sex trafficking activities in each county; and (4) determining whether a county is experiencing above-average sex trafficking activities. The bill requires counties experiencing above-average sex trafficking activities to establish a sex trafficking task force that is directed to combat sex trafficking, including identifying and investigating sex trafficking, supporting victims, and raising community awareness. Each county task force must include representatives from law enforcement agencies, county departments, and local nonprofit groups. The bill also requires each political subdivision with a population of 10,000 or more to designate a lead human trafficking officer. That officer must annually complete a human trafficking training course developed by the Law Enforcement Standards Board (LESB), in consultation with the council. ASSEMBLY SUBSTITUTE AMENDMENT 2 Assembly Substitute Amendment 2 generally modifies the council’s duties and membership, removes the requirements related to law enforcement officers and county sex trafficking task forces, and delays the bill’s effective date. The amendment removes the requirements that counties experiencing above-average sex trafficking activities establish a sex trafficking task force and that each person in charge of the law enforcement agency for any political subdivision with a population of 10,000 or more designate a lead human trafficking officer. Instead, the council is required to make recommendations regarding whether a county should establish a sex trafficking task force and whether a law enforcement agency in that county should designate a law enforcement officer to coordinate human trafficking efforts, and counties - 2 - and law enforcement agencies that receive those recommendations are encouraged to follow the recommendations. The amendment modifies the requirement that the council annually review and assess the efficacy of state spending related to human trafficking. Rather than do so annually, the council must do so once every three years, beginning on July 1, 2028. The amendment also requires the council’s report to the Legislature to include information on any obstacles that prevented the council from successfully carrying out its duties during the previous year. Under the amendment, the council may request from, and DOJ and the Department of Administration (DOA) must collaborate to provide, any data necessary to carry out the council’s duties. The amendment adds the following to the council’s membership: The secretary of DOA, or his or her designee. The secretary of the Department of Health Services, or his or her designee. The secretary of the Department of Safety and Professional Services, or his or her designee. The secretary of the Department of Workforce Development, or his or her designee. Two senators and two representatives to the Assembly from the two major political parties, appointed as are members of standing committees. One Native American member, appointed by the Great Lakes Inter-Tribal Council, Inc. The director of DOJ’s Division of Criminal Investigation human trafficking and Internet crimes against children bureau, or his or her designee, rather than one representative of the Internet Crimes Against Children task forces. The amendment also requires LESB to develop a list of recommending training courses related to human trafficking for law enforcement officers, rather than establish such a course. Finally, the amendment includes a delayed effective date, so that the provisions other than the requirement that LESB develop a list of training courses take effect on of July 1, 2025. BILL HISTORY Representative O’Connor offered Assembly Substitute Amendment 2 on February 20, 2024. On February 21, 2024, the Assembly adopted the amendment and passed the bill, as amended, on voice votes. For a full history of the bill, visit the Legislature’s bill history page. TK:ksm