BILL ANALYSIS                                                                                                                                                                                                    



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          SENATE THIRD READING
          SB 1230 (DeSaulnier)
          As Amended  August 16, 2010
          Majority vote 

           SENATE VOTE  :23-7  
           
           LABOR & EMPLOYMENT      4-0     APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Swanson, Furutani,        |Ayes:|Fuentes, Bradford,        |
          |     |Monning, Yamada           |     |Huffman, Coto, Davis, De  |
          |     |                          |     |Leon, Gatto, Hall,        |
          |     |                          |     |Skinner, Solorio,         |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Conway, Harkey, Miller,   |
          |     |                          |     |Nielsen, Norby            |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
          SUMMARY  :   Requires employers to post, as soon as practicable,  
          information related to slavery and human trafficking, including  
          the toll-free hotlines of the National Human Trafficking  
          Resource Center (NHTRC) or the California Coalition to Abolish  
          Slavery and Trafficking (CAST), in a conspicuous location  
          frequented by employees.   Requires the Labor Commissioner (LC)  
          to determine which languages the notice shall be provided in and  
          shall make the notice available on the Department of Industrial  
          Relations website, for the LC to enforce these provisions and  
          states that the LC is not required to produce or distribute the  
          notice.

           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  :








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          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.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee there will be costs to the Division of Labor Standards  
          Enforcement (DLSE) of about $50,000 (special fund) to review and  
          enforce provisions of bill.  Additionally, probably minor cost  
          pressure to DLSE, to the extent that hotline tips to NHTRC  
          result in additional referrals to DLSE for investigation of  
          labor violations.
           
          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 United States (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 U.S. government, state agencies and various non-governmental  








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          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 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  
          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 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.  

          Please see policy committee analysis for arguments in support  
          and prior legislation.


           Analysis Prepared by  :    Lorie Erickson / L. & E. / (916)  
          319-2091 



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