SB731: Bill Text

LRB-1450/1

CMH:cjs

2019 - 2020 LEGISLATURE

2019 Senate BILL 731

January 29, 2020 - Introduced by Senator Jacque, cosponsored by Representatives Wichgers, Emerson, Kulp, L. Myers, Sinicki, Subeck, C. Taylor and Tusler. Referred to Committee on Public Benefits, Licensing and State-Federal Relations.

SB731,1,3 An Act to create 20.455 (2) (gq) and 165.715 of the statutes; relating to: registration requirements for adult-entertainment establishments and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill creates a registry in the Department of Justice for adult-entertainment establishments. Under the bill, an adult-entertainment establishment must register with DOJ and an individual must be registered with DOJ to be an employee at an adult-entertainment establishment. An adult-entertainment establishment must pay a $300 registration fee and an employee must pay a $50 registration fee. DOJ may not register an adult-entertainment establishment under certain conditions, such as if an owner has been convicted of certain offenses, such as prostitution, a sex offense against a child, or human trafficking or has been an owner of an adult-entertainment establishment that was declared a public nuisance or that knowingly employed a victim of a human trafficking offense. DOJ may not register an employee if the employee has been convicted of the same offenses as those above or if the employee has been a victim of a human trafficking offense. Under the bill, an adult-entertainment establishment must notify DOJ if an employee is hired or ends his or her employment at the establishment, must display a poster for a human trafficking resource center hotline, and must maintain an employee identification card issued by DOJ for each employee. Adult-entertainment establishments that violate requirements under this bill are subject to having their registration suspended, to being prohibited from operating for certain periods of time, and, if the adult-entertainment establishment knowingly employs a victim of human trafficking, to being permanently closed. DOJ must keep all registry information confidential unless it is needed for law enforcement purposes.

For further information see the state and local 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:

SB731,1 Section 1. 20.455 (2) (gq) of the statutes is created to read:

SB731,2,4 20.455 (2) (gq) Registration fees for adult-entertainment establishments. All moneys received as fee payments under s. 165.715 (2) for administration and enforcement of s. 165.715.

SB731,2 Section 2. 165.715 of the statutes is created to read:

SB731,2,7 165.715 Registration requirements for adult-entertainment establishments. (1) Definitions. In this section:

SB731,2,10 (a) “Adult-entertainment establishment" means a commercial establishment, business, or service that offers sexually oriented material, devices, paraphernalia, or presentations or sexual activities, services, exhibitions, or performances.

SB731,2,11 (b) “Department” means the department of justice.

SB731,2,12 (c) “Disqualifying offense” means any of the following:

SB731,2,14 1. A criminal violation of subch. IV or V of ch. 944, subch. VI of ch. 946, or ch. 961.

SB731,2,15 2. A violation of s. 940.302 or 948.051 or another sex trafficking offense.

SB731,2,17 3. A criminal violation of ch. 948 that relates to sexual assault, sexual abuse, or sexual exploitation of a child.

SB731,2,18 4. A violation of s. 940.32.

SB731,3,4 (d) “Employee” means an individual who performs a service on the premises of an adult-entertainment establishment, including an individual who is an independent contractor or agent but excluding an individual on the premises only for repair or maintenance or for delivery of goods.

SB731,3,5 (e) “Interested person” means any of the following:

SB731,3,7 1. An individual who has the legal authority to manage or control operations or policies of an adult-entertainment establishment.

SB731,3,10 2. An individual who holds a management position in an entity that has the legal authority to manage or control operations or policies of an adult-entertainment establishment.

SB731,3,12 3. A person that has a financial interest of at least 30 percent in an adult-entertainment establishment.

SB731,3,15 (2) Registration requirements. (a) An adult-entertainment establishment may not operate unless the adult-entertainment establishment registers with the department under sub. (3) and submits a $300 registration fee.

SB731,3,17 (b) An individual may not be an employee unless the individual registers with the department under sub. (4) and submits a $50 registration fee.

SB731,3,21 (3) Registration of the adult-entertainment establishment. (a) The department shall design a registration form and make it available on its Internet site. An adult-entertainment establishment shall request registration by providing the department with the following:

SB731,3,25 1. The name and mailing address of the person that is submitting the form. If the person is a corporation, any other information the department requests for purposes of this section, and, if the person is an individual, a copy of photographic identification.

SB731,4,2 2. The name, address, and telephone number of the adult-entertainment establishment.

SB731,4,5 3. The name of any interested person at the adult-entertainment establishment that has been convicted of a crime, the crime committed, and the date the crime was committed.

SB731,4,9 4. The name of any interested person at the adult-entertainment establishment that was an interested person at another adult-entertainment establishment that was declared a public nuisance or that was subject to a penalty under sub. (6).

SB731,4,12 5. A diagram drawn to scale of the configuration of the adult-entertainment establishment, including the total floor space of the adult-entertainment establishment.

SB731,4,15 (b) No later than 30 days after the department receives a registration form from an adult-entertainment establishment, the department shall provide the establishment with one of the following:

SB731,4,18 1. A certificate of registration if the form is complete, the establishment has submitted the registration fee, and the establishment is not disqualified due to any of the following:

SB731,4,24 a. An interested person at the adult-entertainment establishment was convicted of a disqualifying offense if, for a misdemeanor offense, less than 2 years have elapsed since the later of the conviction or the completion of any incarceration or probation imposed for the misdemeanor or if, for a felony offense, less than 5 years have elapsed since the later of the conviction or the completion of any incarceration or probation imposed for the felony.

SB731,5,5 b. An interested person at the adult-entertainment establishment was an interested person at another adult-entertainment establishment that was declared a public nuisance within the previous 5 years, that was subject to a penalty under sub. (6) (d), or that is currently prohibited from operating under sub. (6) (a), (b), or (c).

SB731,5,8 2. If the form is incomplete, the establishment is disqualified under subd. 1. a. or b., or the establishment has not submitted the registration fee, a letter indicating why the department cannot register the adult-entertainment establishment.

SB731,5,11 (c) The department shall suspend the registration of an adult-entertainment establishment, and shall notify the adult-entertainment establishment of the suspension, if any of the following applies:

SB731,5,13 1. The department determines that the adult-entertainment establishment is disqualified under par. (b) 1. a. or b.

SB731,5,15 2. The department determines that the adult-entertainment establishment is violating sub. (5).

SB731,5,18 3. The department determines that the adult-entertainment establishment is employing an individual who does not have a valid photographic identification card issued under sub. (4) (b) 1. or whose registration was suspended under sub. (4) (c).

SB731,5,21 (4) Employee registration. (a) The department shall design a registration form and make it available on its Internet site. An employee shall request registration by providing the department with the following:

SB731,5,23 1. The employee's name, including any aliases and stage names; address; and telephone number.

SB731,6,2 2. The employee's date of birth, a state or federal photographic identification that indicates that the employee is at least 18 years of age, and a photograph of the employee that meets the department's specifications for the department to use on the photographic identification under par. (b) 1.

SB731,6,4 3. The name, telephone number, and address of each adult-entertainment establishment at which the employee provides or intends to provide services.

SB731,6,6 4. If the employee has been convicted of a crime, the crime and the date of conviction.

SB731,6,8 5. A statement of whether the employee has been a victim of s. 940.302 or 948.051 or another sex trafficking offense.

SB731,6,10 (b) No later than 30 days after the department receives a registration form from an employee, the department shall provide the employee with one of the following:

SB731,6,13 1. A photographic identification card if the form is complete, the employee has submitted the registration fee, and the employee is not disqualified due to any of the following:

SB731,6,18 a. The employee was convicted of a disqualifying offense if, for a misdemeanor offense, less than 2 years have elapsed since the later of the conviction or the completion of any incarceration or probation imposed for the misdemeanor or if, for a felony offense, less than 5 years have elapsed since the later of the conviction or the completion of any incarceration or probation imposed for the felony.

SB731,6,20 b. The employee has been a victim of s. 940.302 or 948.051 or another sex trafficking offense.

SB731,6,23 2. If the form is incomplete, the employee is disqualified under subd. 1. a. or b., or the employee has not submitted the registration fee, a letter indicating why the department cannot register the employee.

SB731,7,3 (c) The department shall suspend a registration, and shall notify each employee and each adult-entertainment establishment that employs the employee of the suspension, if any of the following applies:

SB731,7,5 1. The department determines that the employee provided false information when registering under par. (a).

SB731,7,6 2. The department determines that the employee is under the age of 18.

SB731,7,8 3. The department determines that the employee is disqualified under par. (b) 1. a. or b.

SB731,7,10 (5) Reporting and posting requirements. (a) An adult-entertainment establishment shall provide notice to the department if any of the following occurs:

SB731,7,11 1. The adult-entertainment establishment hires or terminates an employee.

SB731,7,14 2. An employee ceases employment at the adult-entertainment establishment for more than 30 days even if the employee intends to return to employment at the adult-entertainment establishment.

SB731,7,16 (b) An adult-entertainment establishment shall display the poster described in s. 165.71 (1) in a prominent location for employees to view.

SB731,7,20 (c) An adult-entertainment establishment shall maintain on the premises the photographic identification card under sub. (4) (b) 1. for each employee and, upon request, shall provide that card only to the department or to law enforcement for inspection.

SB731,7,23 (6) Penalties. (a) An adult-entertainment establishment that violates sub. (2) (a) or operates while its registration is suspended under sub. (3) (c) is subject to the following:

SB731,8,3 1. If the violation is the first violation, the adult-entertainment establishment is prohibited from operating until the adult-entertainment establishment complies with this section.

SB731,8,7 2. If the violation is the 2nd violation, the adult-entertainment establishment is prohibited from operating until the adult-entertainment establishment complies with this section or 30 days have passed since the prohibition took effect, whichever is later.

SB731,8,11 3. If the violation is the 3rd or subsequent violation, the adult-entertainment establishment is prohibited from operating until the adult-entertainment establishment complies with this section or 180 days have passed since the prohibition took effect, whichever is later.

SB731,8,14 (b) An adult-entertainment establishment that knowingly provides false information on a registration form when registering under sub. (3) is prohibited from operating for at least 90 days.

SB731,8,16 (c) An adult-entertainment establishment that knowingly does any of the following shall be prohibited from operating for at least one year:

SB731,8,18 1. Allows a violation of ch. 961 to occur on the premises of the adult-entertainment establishment.

SB731,8,20 2. Allows a violation of subch. V of ch. 944 to occur on the premises of the adult-entertainment establishment.

SB731,8,23 (d) An adult-entertainment establishment that knowingly employs an individual who has been a victim of s. 940.302 or 948.051 or another sex trafficking offense is prohibited from operating permanently.

SB731,9,4 (7) Confidentiality of registry. (a) The department shall keep confidential all information provided under this section except that the department shall make the information available to a law enforcement agency or law enforcement officer for law enforcement purposes. Any information provided under this section that is in the possession of the department or a law enforcement agency is confidential and not open to public inspection or copying under s. 19.35 (1).

SB731,9,7 (b) Any law enforcement agency or law enforcement officer that receives information under par. (a) shall keep the information confidential unless disclosure is necessary to perform a law enforcement function.

SB731,9,8 (8) Enforcement. The attorney general shall enforce this section.

SB731,9,9 (End)