Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB940 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 940
5	5	January 19, 2024 - Introduced by Senators KNODL, BALLWEG, TAYLOR, TESTIN and
6	6	WIRCH, cosponsored by Representatives GUNDRUM, STUBBS, C. ANDERSON,
7	7	BALDEH, BEHNKE, BRANDTJEN, CALLAHAN, CONLEY, CONSIDINE, EDMING,
8	8	EMERSON, HURD, KITCHENS, KRUG, MAXEY, MURPHY, MURSAU, O'CONNOR,
9	9	SCHRAA, SUBECK and WICHGERS. Referred to Committee on Judiciary and
10	10	Public Safety.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to renumber and amend 50.035 (1); and to create 50.035 (1) (c) and
13	13	103.155 of the statutes; relating to: mandatory training regarding human
14	14	trafficking for employees of community-based residential facilities and owners
15	15	of certain entities and certain other employees and granting rule-making
16	16	authority.
17	17	Analysis by the Legislative Reference Bureau
18	18	This bill requires any employee of a community-based residential facility who
19	19	has regular, direct contact with facility residents to receive training on identifying
20	20	and preventing human trafficking crimes within 60 days after starting employment
21	21	and at least every two years thereafter.
22	22	The bill also requires employers to provide, within 60 days of an employee's hire
23	23	and at least every two years thereafter, training on identifying and preventing
24	24	human trafficking crimes to employees who are likely to interact with the public and
25	25	vulnerable individuals. Under the bill, the training must be provided, at a minimum,
26	26	to private security officers, hotel and motel owners and managers, public transit
27	27	managers, and adult entertainment establishment owners and managers. Also
28	28	under the bill, except with respect to individuals who are required by law to report
29	29	suspected human trafficking, a failure to report a case of human trafficking does not
30	30	automatically subject an owner or employee to liability to the human trafficking
31	31	victim or to any other party.
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38	38	SENATE BILL 940
39	39	For further information see the state fiscal estimate, which will be printed as
40	40	an appendix to this bill.
41	41	The people of the state of Wisconsin, represented in senate and assembly, do
42	42	enact as follows:
43	43	SECTION 1. 50.035 (1) of the statutes is renumbered 50.035 (1) (a) and amended
44	44	to read:
45	45	50.035 (1) (a) Each employee of a community-based residential facility shall,
46	46	within 90 days after the beginning date of employment, receive basic first aid
47	47	training and other safety training. The department shall indicate acceptable sources
48	48	from which facility employees may receive this training. The department shall also
49	49	develop instructional materials for use by facilities concerning acceptable methods
50	50	of operation and procedures for protecting and serving the needs of facility residents.
51	51	The department may require that all facility employees complete a program
52	52	involving these materials and may sell the materials to facilities at cost. In addition,
53	53	each facility employee
54	54	(b) Each employee of a community-based residential facility shall, within 90
55	55	days after the beginning date of employment, receive training in fire prevention and
56	56	control and evacuation techniques. Each facility shall coordinate its training in fire
57	57	prevention and control and evacuation techniques with the local fire department.
58	58	SECTION 2. 50.035 (1) (c) of the statutes is created to read:
59	59	50.035 (1) (c) Each employee of a community-based residential facility who has
60	60	regular, direct contact with facility residents shall, within 60 days after the
61	61	beginning date of employment and at least every 2 years thereafter, receive training
62	62	on identifying and preventing human trafficking crimes, as defined in s. 165.505 (1)
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85	85	SECTION 2
86	86	SENATE BILL 940
87	87	(am). The training required under this paragraph shall include at least all of the
88	88	following:
89	89	1. The definitions of human trafficking and the commercial exploitation of
90	90	children.
91	91	2. Guidance on how to identify individuals who are most at risk for human
92	92	trafficking.
93	93	3. The difference between labor trafficking and sex trafficking.
94	94	SECTION 3. 103.155 of the statutes is created to read:
95	95	103.155 Mandatory training regarding human trafficking. (1)
96	96	DEFINITION. In this section “human trafficking crimes” has the meaning given in s.
97	97	165.505 (1) (am).
98	98	(2) TRAINING. (a) Each employer shall provide training regarding identifying
99	99	and preventing human trafficking crimes to employees who are likely to interact
100	100	with the public and vulnerable individuals, as determined by the department. At a
101	101	minimum, employers shall provide such training to all of their employees who are
102	102	private security officers, hotel and motel managers, public transit managers, and
103	103	adult entertainment establishment managers. Owners of hotels, motels, and adult
104	104	entertainment establishments are required to undergo the same training at the
105	105	same intervals as managers employed at those entities.
106	106	(b) The training required under this section shall include at least all of the
107	107	following:
108	108	1. The definitions of human trafficking and the commercial exploitation of
109	109	children.
110	110	2. Guidance on how to identify individuals who are most at risk for human
111	111	trafficking.
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138	138	SECTION 3 SENATE BILL 940
139	139	3. As relevant, the difference between labor trafficking and sex trafficking
140	140	specific to the hotel and motel sector.
141	141	4. As relevant, guidance on the role of hospitality employees in reporting and
142	142	responding to human trafficking.
143	143	5. The contact information of appropriate agencies, including the toll-free
144	144	telephone number of the National Human Trafficking Hotline and the telephone
145	145	numbers of the appropriate local law enforcement agencies.
146	146	(c) The training required under this section shall be at least 20 minutes in
147	147	length, in person or interactive, and shall be undergone or provided within 60 days
148	148	of an individual becoming an owner of a hotel, motel, or adult entertainment
149	149	establishment, or an employee being hired, and at least every 2 years thereafter.
150	150	(d) Except for individuals who are required by law to report suspected human
151	151	trafficking to law enforcement agencies, the failure to report a human trafficking
152	152	case by an owner or employee who is trained as required under this section does not,
153	153	by itself, result in the civil liability of any owner or employee to the human trafficking
154	154	victim in the case in question or to any other party.
155	155	(3) RULES. The department shall promulgate rules to implement this section.
156	156	(END)
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