BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                      VETO


          Bill No:  SB 1230
          Author:   DeSaulnier (D)
          Amended:  8/16/10 in Assembly
          Vote:     21

           
           SENATE LABOR & INDUSTRIAL RELATIONS COMM  :  4-2, 4/19/10
          AYES:  DeSaulnier, Ducheny, Leno, Yee
          NOES:  Wyland, Hollingsworth

           SENATE APPROPRIATIONS COMMITTEE  :  6-2, 5/10/10
          AYES:  Kehoe, Alquist, Leno, Price, Wolk, Yee
          NOES:  Cox, Wyland
          NO VOTE RECORDED:  Corbett, Denham, Walters

           SENATE FLOOR  :  23-7, 5/28/10
          AYES:  Alquist, Calderon, Cedillo, Corbett, Correa,  
            DeSaulnier, Ducheny, Florez, Hancock, Kehoe, Leno, Liu,  
            Lowenthal, Negrete McLeod, Padilla, Pavley, Price,  
            Romero, Simitian, Steinberg, Wolk, Wright, Yee
          NOES:  Ashburn, Dutton, Hollingsworth, Huff, Runner,  
            Strickland, Wyland
          NO VOTE RECORDED:  Aanestad, Cogdill, Cox, Denham, Harman,  
            Oropeza, Walters, Wiggins, Vacancy, Vacancy

           ASSEMBLY FLOOR  :  51-23, 8/25/10 - See last page for vote

           SENATE FLOOR  :  23-14, 8/26/10
          AYES:  Alquist, Calderon, Cedillo, Corbett, Correa,  
            DeSaulnier, Ducheny, Florez, Hancock, Kehoe, Leno, Liu,  
            Lowenthal, Negrete McLeod, Padilla, Pavley, Price,  
            Romero, Simitian, Steinberg, Wolk, Wright, Yee
          NOES:  Aanestad, Ashburn, Blakeslee, Cogdill, Denham,  
                                                           CONTINUED





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            Dutton, Emmerson, Harman, Hollingsworth, Huff, Runner,  
            Strickland, Walters, Wyland
          NO VOTE RECORDED:  Oropeza, Wiggins, Vacancy


           SUBJECT  :    Employment:  posting requirements

           SOURCE  :     Author


           DIGEST  :    This bill requires employers to post information  
          related to human trafficking, including the phone number to  
          two toll-free anti-human trafficking hotlines that provide  
          services in support of the elimination of human  
          trafficking. 

           Assembly Amendments  make clarifying and technical changes.

           ANALYSIS  :    Under existing law, both state and federal,  
          employers must meet workplace posting obligations.  

          Existing state law requires California employers to post a  
          variety of employment-related information for employees,  
          including information relating to the payment of wages,  
          hours and working conditions, workers' compensation, and  
          discrimination in employment.  Workplace postings are  
          usually available at no cost from the requiring agency.   
          Employers are required to conspicuously display the various  
          posters in an area frequented by employees where it may be  
          easily read during the workday.  Additional posting  
          requirements apply to some workplaces. 

          Existing law 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 by other material.

          Existing state law 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.  Under the existing Victims  







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          of Trafficking and Violence Protection Act of 2000, the  
          federal law acknowledges the crime of human trafficking,  
          and delineates various federal actions to combat  
          trafficking, punish perpetrators, and provides services to  
          victims of trafficking. 

          This bill requires employers to post information related to  
          human trafficking, including the phone number to two  
          toll-free anti-human trafficking hotlines that provide  
          services in support of the elimination of human  
          trafficking. 

          This bill requires the posting of the National Human  
          Trafficking Resource Center Hotline, which is also posted  
          on the U.S. Department of State website, and the California  
          Coalition to Abolish Slavery and Trafficking hotline at  
          places of employment.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/25/10)

          Bilateral Safety Corridor Coalition
          California Catholic Conference
          California Labor Federation, AFL-CIO
          Coalition to Abolish Slavery and Trafficking
          Los Angeles District Attorney's Office
          Orange County Human Trafficking Task Force
          Peace Officers Research Association of California
          Polaris Project

           OPPOSITION  :    (Verified  8/25/10)

          California Chamber of Commerce

           ARGUMENTS IN SUPPORT  :    According to proponents, 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 the fastest growing.  Experience  
          in the field has demonstrated that one of the best tools to  







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          combat human trafficking is raising public awareness of the  
          problem.  Proponents 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  
          hotlines.  

          Proponents state that in this globalized 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 least regulation.   
          Products are produced throughout the globe using forced  
          labor, child labor, indentured servitude, and other abusive  
          conditions.  Even right here in California, they assert,  
          the underground economy thrives on wage theft, many  
          domestic workers are the victims of trafficking, and many  
          workplaces are sweatshops without the most basic worker  
          protections.  While the state of California cannot always  
          eradicate such labor conditions, it should provide  
          information to workers of their rights and protections  
          afforded them under the law in regard to human trafficking.  
           

          According to the author's office, while federal and state  
          law enforcement works to investigate the criminal networks  
          involved in human trafficking, local and state police and  
          community members, including neighbors, healthcare workers,  
          teachers, and shop keepers, among others, are most often in  
          the best position to recognize and report possible  
          instances of human trafficking.  The author believes human  
          trafficking hotlines currently available to assist victims  
          are the most centralized outlet to process and respond to  
          calls for help.  Proponents state that high visibility and  
          awareness of human trafficking hotlines gives workers the  
          resources they need to expose violations of the law, while  
          at the same time increasing the chances that potential  
          human trafficking will be reported, and that human  
          traffickers will be stopped.

           ARGUMENTS IN OPPOSITION  :    The California Chamber of  
          Commerce states, "The California business community opposes  
          forced labor and the abusive treatment of workers.   
          However, in inclusion of the name and contact information  
          of a non-governmental entity - whether a private business  







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          or, in this case, a non-profit organization - is  
          inappropriate.  Doing so codifies that private entity and  
          its activities into state law, without a contractual or  
          other type of agreement with the state government.  There  
          is no supervision or oversight by the state because it is a  
          non-governmental entity.  There can be a host of issues  
          associated with this:  There could be a change in the  
          bylaws of the non-profit organization where its role and  
          mission is different; a change in its name; a change in its  
          phone number or other contact information; or simply cease  
          to exist.  All of this can happen outside of the purview of  
          the state government, and yet the non-profit still remains  
          codified in state law."  
           

           GOVERNOR'S VETO MESSAGE:
           
               "I am returning Senate Bill 1230 without my signature.  


               This bill requires employers to post information  
               related to slavery and human trafficking, including  
               information related to nonprofit organizations that  
               provide services in support of the elimination of  
               slavery and human trafficking.  I support efforts to  
               eliminate human trafficking.  However, this measure  
               will burden legitimate businesses while having little  
               to no impact on human slavery.  After all, businesses  
               likely to comply with his law are not likely to have  
               employees that would benefit from such postings. 

               For these reasons, I am unable to sign this bill."


           ASSEMBLY FLOOR  :  
          AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De  
            Leon, Eng, Evans, Feuer, Fong, Furutani, Gatto, Hall,  
            Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jones,  
            Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, V.  
            Manuel Perez, Portantino, Ruskin, Salas, Saldana,  
            Skinner, Smyth, Solorio, Swanson, Torlakson, Torres,  
            Torrico, Yamada, John A. Perez







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          NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,  
            Conway, DeVore, Fuller, Gaines, Garrick, Gilmore, Hagman,  
            Jeffries, Knight, Logue, Miller, Nestande, Niello,  
            Nielsen, Norby, Silva, Audra Strickland, Tran, Villines
          NO VOTE RECORDED: Cook, Fletcher, Fuentes, Galgiani,  
            Vacancy, Vacancy


          PQ:nl  10/5/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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