2019 - 2020 LEGISLATURE
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
1An Act to create 20.455 (2) (gq) and 165.715 of the statutes;
relating to:
2registration requirements for adult-entertainment establishments and
3making 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
1Section
1. 20.455 (2) (gq) of the statutes is created to read:
SB731,2,42
20.455
(2) (gq)
Registration fees for adult-entertainment establishments. All
3moneys received as fee payments under s. 165.715 (2) for administration and
4enforcement of s. 165.715.
SB731,2
5Section
2. 165.715 of the statutes is created to read:
SB731,2,7
6165.715 Registration requirements for adult-entertainment
7establishments. (1) Definitions. In this section:
SB731,2,108
(a) “Adult-entertainment establishment" means a commercial establishment,
9business, or service that offers sexually oriented material, devices, paraphernalia,
10or presentations or sexual activities, services, exhibitions, or performances.
SB731,2,1111
(b) “Department” means the department of justice.
SB731,2,1212
(c) “Disqualifying offense” means any of the following:
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1. A criminal violation of subch. IV or V of ch. 944, subch. VI of ch. 946, or ch.
14961.
SB731,2,1515
2. A violation of s. 940.302 or 948.051 or another sex trafficking offense.
SB731,2,1716
3. A criminal violation of ch. 948 that relates to sexual assault, sexual abuse,
17or sexual exploitation of a child.
SB731,2,1818
4. A violation of s. 940.32.
SB731,3,4
1(d) “Employee” means an individual who performs a service on the premises
2of an adult-entertainment establishment, including an individual who is an
3independent contractor or agent but excluding an individual on the premises only for
4repair or maintenance or for delivery of goods.
SB731,3,55
(e) “Interested person” means any of the following:
SB731,3,76
1. An individual who has the legal authority to manage or control operations
7or policies of an adult-entertainment establishment.
SB731,3,108
2. An individual who holds a management position in an entity that has the
9legal authority to manage or control operations or policies of an adult-entertainment
10establishment.