BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 657|
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THIRD READING
Bill No: SB 657
Author: Steinberg (D)
Amended: 6/1/09
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 4/21/09
AYES: Corbett, Florez, Leno
NOES: Harman, Walters
SUBJECT : Human trafficking
SOURCE : Alliance to Stop Slavery and End Trafficking
DIGEST : This bill, among other things, beginning January
1, 2011, requires retail sellers and manufacturers doing
business in the state to develop, maintain, and implement
policies related to their compliance with federal and state
law regarding the eradication of slavery and human
trafficking from their supply chain.
ANALYSIS : Existing federal law establishes the crimes of
kidnapping in interstate or foreign commerce, peonage,
slavery and trafficking in persons, and provides for
criminal and civil penalties.
Existing federal law, the Victims of Trafficking and
Violence Protection Act of 2000, acknowledges the crime of
human trafficking, and delineates various federal actions
to combat trafficking, punish perpetrators, and provides
services to victims of trafficking.
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Existing state law makes human trafficking a crime.
Existing state law, the California Trafficking Victims
Protection Act, allows a victim of human trafficking to
bring a civil action for actual damages, compensatory
damages, punitive damages, injunctive relief, or any other
appropriate relief.
Existing state law generally regulates various business
activities and practices, including those of retail sellers
and manufacturers of products.
This bill, beginning January 1, 2011, requires retail
sellers and manufacturers doing business in the state to
develop, maintain, and implement policies related to their
compliance with federal and state law regarding the
eradication of slavery and human trafficking from their
supply chain.
This bill requires that the policy be posted on the retail
seller's or manufacturer's Internet website and be made
available in writing upon request by a consumer.
This bill requires the policy, at a minimum, include these
two elements: (1) that the company and all suppliers in
its supply chain will comply with the laws regarding
slavery and human trafficking in the countries in which
they do business, and (2) that where slavery and human
trafficking is found in its supply chain, it will seek
eradication rather than ceasing business in that area.
This bill exempts retail sellers or manufacturers having
less than $2 million in annual sales.
This bill provides that the exclusive remedy for a
violation of the bill's provisions shall be an action
brought by the Attorney General for injunctive relief, but
would not limit remedies that may be sought for violation
of other state or federal laws.
This bill makes legislative findings and declarations
regarding the eradication of slavery and human trafficking.
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Prior Legislation
SB 1649 (Steinberg), 2007-08 Session, was substantively
similar to this bill. The bill passed the Senate with a
vote of 23-15 on May 15, 2008, but died in the Assembly
Appropriations Committee.
SB 180 (Kuehl), Chapter 239, Statutes of 2005, established
the California Alliance to Combat Trafficking and Slavery
(California ACTS) Task Force.
AB 22 (Lieber), Chapter 240, Statutes of 2005, established
civil and criminal penalties for human trafficking and
allowed for forfeiture of assets derived from human
trafficking.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 1/5/10)
Alliance to Stop Slavery and End Trafficking (source)
California Commission on the Status of Women
California Labor Federation
California School Employees Association
California Teamsters Public Affairs Council
Coalition to Abolish Slavery and Trafficking
Los Angeles County District Attorney's Office
Planned Parenthood Affiliates of California, Inc
OPPOSITION : (Verified 1/5/10)
California Chamber of Commerce
California Grocers Association
California Independent Grocers Association
California Manufacturers and Technology Association
California Retailers Association
Grocery Manufacturers Association
National Federation of Independent Business
ARGUMENTS IN SUPPORT : According to the author's office,
the primary goal of this bill is to highlight the existence
of slave-labor and human trafficking throughout California,
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and to create an opportunity for California retailers and
manufacturers to demonstrate leadership in eradicating
human trafficking from their supply chains. Additionally,
with the information required of businesses, this bill
empowers consumers to reward companies that proactively
work to eradicate slave-labor and human trafficking.
ARGUMENTS IN OPPOSITION : The California Grocers
Association writes: "While grocers do not support slavery,
human trafficking or abusive treatment of workers, the bill
poses several difficulties. SB 657 would require all
companies to develop policies with regard to its entire
supply chain, which can include entities far outside the
borders of California or the United States. Grocers do not
have the resources to monitor supplier employment
practices, nor do they have the authority to enforce state
or federal labor law with regard to suppliers. Further,
the bill requires posting of policies on a company's
internet web site but provides no details as to what
constitutes compliance with the requirement or how it
applies to retailers that do not have an internet web
site."
RJG:mw 1/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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