2019 - 2020 LEGISLATURE
March 26, 2020 - Introduced by Representatives Haywood, Loudenbeck,
Anderson, Billings, Bowen, Cabrera, Crowley, Emerson, Fields,
Gruszynski, Gundrum, Ohnstad, Ramthun, Shankland, Sinicki, Spreitzer,
Stubbs, Subeck and Vining, cosponsored by Senators Kooyenga, L. Taylor,
Carpenter, Larson, Smith and Wanggaard. Referred to Committee on Rules.
1An Act to create
20.455 (2) (hm) and 165.705 of the statutes; relating to: human
2trafficking awareness certifications for lodging establishments and making an
Analysis by the Legislative Reference Bureau
This bill requires the Department of Justice to grant annual human trafficking
awareness certifications to the operators of lodging establishments that provide
human trafficking awareness training to certain employees, display a human
trafficking awareness poster, and implement procedures for the reporting of
suspected human trafficking. The bill defines a “lodging establishment” as a hotel,
motel, inn, bed and breakfast establishment, or tourist rooming house.
The bill also requires DOJ to design a logotype to be used by lodging
establishments granted the human trafficking awareness certification under the
bill. Additionally, DOJ must use the receipts from the fees for obtaining a
certification to investigate human trafficking crimes.
Under the bill, an owner, operator, or employee of a lodging establishment
granted a certification is not liable for damages related to human trafficking carried
out by a third party unless the owner, operator, or employee knowingly assists the
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.455 (2) (hm) of the statutes is created to read:
(hm) Human trafficking investigations.
All moneys received from 3
fees paid under s. 165.705 (2), to be used to investigate human trafficking crimes, as 4
defined in s. 165.505 (1) (am).
165.705 of the statutes is created to read:
6165.705 Human trafficking awareness certification; lodging
In this section:
(a) “Lodging establishment” means any of the following:
1. A bed and breakfast establishment, as defined in s. 97.01 (1g).
2. A hotel, as defined in s. 97.01 (7).
3. A tourist rooming house, as defined in s. 97.01 (15k).
(b) “Lodging establishment worker” means any of the following:
1. A person employed by an operator of a lodging establishment who has 14
recurring interactions with the public, including an employee who works in the 15
reception area, performs housekeeping duties, helps customers in moving their 16
possessions, or transports by vehicle customers of the lodging establishment.
2. An operator of a bed and breakfast establishment, as defined in s. 97.01 (1g), 18
or a tourist rooming house, as defined in s. 97.01 (15k).
The department of justice shall grant a human trafficking awareness 20
certification to a lodging establishment operator that submits an application on a 21
form provided by the department of justice and does all of the following:
(a) Pays a fee of $100.
(b) Provides training to lodging establishment workers that satisfies all of the 3
1. The training consists of all of the following:
a. A presentation of the definition of human trafficking and commercial 6
exploitation of children.
b. Guidance on how to identify individuals who are most at risk for human 8
c. A description specific to the lodging industry of the differences between 10
human trafficking for purposes of labor and for purposes of sex.
d. Guidance on the role of lodging establishment workers in reporting and 12
responding to human trafficking.
e. The contact information of appropriate agencies, including local law 14
enforcement agencies and telephone hotlines.
2. The training is at least 20 minutes in duration and provided in a classroom 16
or another effective and interactive setting.
3. The training is provided to each lodging establishment worker within 6 18
months of the date that the worker begins working at the lodging establishment and 19
during every 2-year period thereafter.
(c) Submits a description of the content of the human trafficking awareness 21
training provided under par. (b).
(d) Conspicuously displays the poster under s. 165.71 (1) to lodging 23
(e) Implements procedures for lodging establishment workers to report 2
suspected human trafficking to appropriate agencies, including local law 3
enforcement agencies and telephone hotlines.
(a) A certification granted under sub. (2) expires on June 30, except that a 5
certification initially granted during the period beginning on April 1 and ending on 6
June 30 expires on June 30 of the following year.
(b) The department of justice may revoke the certification of a lodging 8
establishment operator granted under sub. (2) if the department of justice 9
determines that the lodging establishment operator does not satisfy the 10
requirements under sub. (2).
The department of justice shall design an official logotype appropriate for 12
use by lodging establishment operators certified under sub. (2), and shall prohibit 13
the use of the logotype by persons other than persons certified under sub. (2).
The department of justice shall develop, maintain, and keep current a 15
computer database of lodging establishments in the state that are certified under 16
An owner, operator, or employee of a lodging establishment certified under 18
sub. (2) shall not be liable for any claim for damages arising out of any act or omission 19
related to human trafficking carried out by a 3rd party unless the owner, operator, 20
or employee knowingly assists the human trafficking.
(1) Current lodging establishment workers.
Notwithstanding s. 165.705 (2) 23
(b) 3., an operator of a lodging establishment may be certified under s. 165.705 (2), 24
if within 6 months after the effective date of this subsection the operator provides 25
human trafficking awareness training that satisfies s. 165.705 (2) (b) 1. and 2. to
persons who on the effective date of this subsection are lodging establishment 2
workers, as defined in s. 165.705 (1) (b), and continue to work at the lodging 3