BILL ANALYSIS SB 1230 Page 1 Date of Hearing: June 23, 2010 ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT Sandre Swanson, Chair SB 1230 (DeSaulnier) - As Amended: April 21, 2010 SENATE VOTE : 23-7 SUBJECT : Employment: posting requirements. SUMMARY : Requires employers to post, as soon as practicable, information related to slavery and human trafficking, including the toll-free hotline of the National Human Trafficking Resource Center (NHTRC), in a conspicuous location frequented by employees. Additionally, requires the Labor Commissioner (LC) to determine which languages the notice shall be printed in and for the LC to enforce these provisions. EXISTING FEDERAL LAW establishes the Victims of Trafficking and Violence Protection Act of 2000, which was enacted to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims and delineates various federal actions to combat trafficking, punish perpetrators, and offers protections and services for persons in the country illegally who may be victims of human trafficking. EXISTING STATE LAW : 1)Requires employers to post various state and federal safety and labor law notices, orders and regulations in a conspicuous place frequented by their employees. 2)Requires employers to provide specified posters in various languages. Failure to comply with workplace posting requirements is a misdemeanor and may be punishable by a fine, imprisonment, or both. Each employer is required to take necessary steps to insure that notices are not altered, defaced or covered up. 3)Makes human trafficking a crime and allows a victim of human trafficking to bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. SB 1230 Page 2 FISCAL EFFECT : According to the Senate Appropriations Committee, minor absorbable costs and unknown costs related to enforcement. COMMENTS : According to the author, human trafficking - a crime that often hides in the shadows - is an unfortunate widespread form of modern day slavery that affects thousands of foreign and domestic men, women and children in the United States. Detecting human trafficking is difficult since it thrives on secrecy and on the social and physical isolation of its victims. According to the U.S. Department of State, there is a wide range of estimates that exist on the scope and magnitude of modern day slavery. The International Labor Organization (ILO), which is the United Nations Agency charged with addressing labor standards, employment, and social protection issues, estimates that there are at least 12.3 million adults and children in forced labor, bonded labor, and commercial sexual servitude at any given time. Of these victims, the ILO estimates that 56 percent are women and girls. The United States government, state agencies and various non-governmental organizations throughout the U.S. are committed to preventing trafficking, protecting victims of trafficking and prosecuting traffickers. While federal and state law enforcement works to investigate the criminal networks involved in human trafficking, local and state police and various community members are most often in the best position to recognize and report possible instances of human trafficking. The human trafficking hotlines used to assist victims are the most centralized outlet to process and respond to calls for help. For victims, the public posting of the hotline is critical since they generally do not have access to the internet or to other forms of outreach and awareness programs. For community members, a call to the hotline to request general information may generate future tips and a better understanding of the red flags of human trafficking. Lastly, the hotlines provide a consistent nation means of tracking the number and types of call from particular cities and states for a greater understanding of where the crimes are occurring. High visibility and awareness of the human trafficking hotline increases the chances that SB 1230 Page 3 potential human trafficking will be reported and that human traffickers will be stopped. Similar efforts to require the posting of human trafficking and hotline information have been enacted in other states in recent years. In 2007, the Texas Legislature enacted laws that resulted in the mandatory posting of the National Human Trafficking Resource Center (NHTRC) hotline. According to the NHTRC, the hotline has consistently received more calls from Texas than any other state. The NHTRC has referred the high volume of tips to local entities in Texas resulting in increased services to victims. Several states, including Oregon, Maryland, Washington and others, are considering similar efforts to help combat human trafficking. Arguments in Support : According to the supporters of this bill, the problem of human trafficking is a much larger and more global issue than most people grasp. According to the U.S. Department of Health and Human Services, after drug trafficking, human trafficking is tied with the illegal arms industry as the second largest criminal industry in the world today, and it is also the fastest growing. Also, according to supporters, experience in the field has demonstrated that one of the best tools to combat human trafficking is raising public awareness of the problem. Supporters believe that this bill not only provides an opportunity for many people to become aware of the issue through employer signage, but provides a tool for action by providing specific information about the hotline. Additionally, they also argue that in this global economy, the race to the bottom is visible as free trade policies have allowed corporations to jump from country to country in search of the cheapest labor and the fewest regulations. Supporters argue that products are produced throughout the globe using forced labor, child labor, indentured servitude, and other abusive conditions. Even right here in California, supporters assert, the underground economy thrives on wage theft, many domestic workers are the victims of trafficking, and that many workplaces are sweatshops operating without the most basic worker protections. Lastly, they argue that while the state of California cannot always eradicate such labor conditions, it should provide information to workers of their rights and protections afforded SB 1230 Page 4 them under the law in regard to human trafficking. Prior Legislation : AB 22 (Lieber) Chapter 240, Statues of 2005, enacted the California Trafficking Victims Protection Act which established civil and criminal penalties for human trafficking and allowed for forfeiture of assets derived from human trafficking. SB 180 (Kuehl) Chapter 239, Statutes of 2005, established the California Alliance to Combat Trafficking and Slavery (California ACTS) Task Force charged with conducting a thorough review of California's response to human trafficking and to report its finding to the Governor, Attorney General, and the Legislature. REGISTERED SUPPORT / OPPOSITION : Support Bilateral Safety Corridor Coalition California Catholic Conference, Inc. California Labor Federation, AFL-CIO Coalition to Abolish Slavery and Trafficking Los Angeles County District Attorney's Office Lt. Derek Marsh, Westminister Police Department Orange County Human Trafficking Task Force Peace Officers Research Association of California Polaris Project Opposition None on file. Analysis Prepared by : Lorie Erickson / L. & E. / (916) 319-2091