BILL NUMBER: SB 1193	CHAPTERED
	BILL TEXT

	CHAPTER  515
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2012
	PASSED THE SENATE  AUGUST 27, 2012
	PASSED THE ASSEMBLY  AUGUST 23, 2012
	AMENDED IN ASSEMBLY  AUGUST 13, 2012
	AMENDED IN ASSEMBLY  JUNE 26, 2012
	AMENDED IN SENATE  MAY 29, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Steinberg

                        FEBRUARY 22, 2012

   An act to add Section 52.6 to the Civil Code, relating to human
trafficking.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1193, Steinberg. Human trafficking: public posting
requirements.
   Existing law authorizes a victim of human trafficking, as defined,
to bring a civil action for actual damages, compensatory damages,
punitive damages, injunctive relief, any combination of those, or any
other appropriate relief within 5 years of the date on which the
trafficking victim was freed from the trafficking situation, or if
the victim was a minor when the act of human trafficking against the
victim occurred, within 8 years after the date the plaintiff attains
the age of majority.
   This bill would require specified businesses and other
establishments, upon the availability of a model notice developed by
the Department of Justice, to post a notice, as specified, that
contains information related to slavery and human trafficking,
including information related to specified nonprofit organizations
that provide services in support of the elimination of slavery and
human trafficking. The bill would require the establishments to post
the notice in a conspicuous place near the entrance of the
establishment or in another conspicuous location in clear view of the
public and employees where similar notices are customarily posted.
The bill also would require the establishments to print the notice in
English, Spanish, and in one other language that is the most widely
spoken language in the county where the establishment is located and
for which translation is mandated by the federal Voting Rights Act.
The bill would require the Department of Justice, on or before April
1, 2013, to develop a model notice that complies with the above
requirements and make the model notice available for download on the
department's Internet Web site. The bill would provide that a
business or establishment that fails to comply with these
requirements is liable for a civil penalty of $500 for a first
offense and $1,000 for each subsequent offense. The bill would
authorize the Attorney General and local prosecutorial agencies, as
specified, to bring an action to impose one of these civil penalties
against a business or establishment if a local or state agency with
authority to regulate that business or establishment has provided
notice of the violation to the business or establishment, which
informs the business or establishment that it is subject to a civil
penalty if it does not correct the violation within 30 days from the
date the notice is sent to the business or establishment, and
verified that the violation was not corrected within that 30-day
period.
   To the extent that the bill would impose additional duties on
local government agencies, it would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 52.6 is added to the Civil Code, to read:
   52.6.  (a) Each of the following businesses and other
establishments shall, upon the availability of the model notice
described in subdivision (d), post a notice that complies with the
requirements of this section in a conspicuous place near the public
entrance of the establishment or in another conspicuous location in
clear view of the public and employees where similar notices are
customarily posted:
   (1) On-sale general public premises licensees under the Alcoholic
Beverage Control Act (Division 9 (commencing with Section 23000) of
the Business and Professions Code).
   (2) Adult or sexually oriented businesses, as defined in
subdivision (a) of Section 318.5 of the Penal Code.

   (3) Primary airports, as defined in Section 47102(16) of Title 49
of the United States Code.
   (4) Intercity passenger rail or light rail stations.
   (5) Bus stations.
   (6) Truck stops. For purposes of this section, "truck stop" means
a privately owned and operated facility that provides food, fuel,
shower or other sanitary facilities, and lawful overnight truck
parking.
   (7) Emergency rooms within general acute care hospitals.
   (8) Urgent care centers.
   (9) Farm labor contractors, as defined in subdivision (b) of
Section 1682 of the Labor Code.
   (10) Privately operated job recruitment centers.
   (11) Roadside rest areas.
   (12) Businesses or establishments that offer massage or bodywork
services for compensation and are not described in paragraph (1) of
subdivision (b) of Section 4612 of the Business and Professions Code.

   (b) The notice to be posted pursuant to subdivision (a) shall be
at least eight and one-half inches by 11 inches in size, written in a
16-point font, and shall state the following:
""If you or someone you know is being forced to
engage in any activity and cannot leave--whether
it is commercial sex, housework, farm work,
construction, factory, retail, or restaurant
work, or any other activity--call the National
Human Trafficking Resource Center at 1-888-373-
7888 or the California Coalition to Abolish
Slavery and Trafficking (CAST) at 1-888-KEY-2-
FRE(EDOM) or 1-888-539-2373 to access help and
services.
Victims of slavery and human trafficking are
protected under United States and California law.
The hotlines are:
  b7 Available 24 hours a day, 7 days a week.
  b7 Toll-free.
  b7 Operated by nonprofit, nongovernmental
    organizations.
  b7 Anonymous and confidential.
  b7 Accessible in more than 160 languages.
  b7 Able to provide help, referral to services,
    training, and general information.''


   (c) The notice to be posted pursuant to subdivision (a) shall be
printed in English, Spanish, and in one other language that is the
most widely spoken language in the county where the establishment is
located and for which translation is mandated by the federal Voting
Rights Act (42 U.S.C. Sec. 1973 et seq.), as applicable. This section
does not require a business or other establishment in a county where
a language other than English or Spanish is the most widely spoken
language to print the notice in more than one language in addition to
English and Spanish.
   (d) On or before April 1, 2013, the Department of Justice shall
develop a model notice that complies with the requirements of this
section and make the model notice available for download on the
department's Internet Web site.
   (e) A business or establishment that fails to comply with the
requirements of this section is liable for a civil penalty of five
hundred dollars ($500) for a first offense and one thousand dollars
($1,000) for each subsequent offense. A government entity identified
in Section 17204 of the Business and Professions Code may bring an
action to impose a civil penalty pursuant to this subdivision against
a business or establishment if a local or state agency with
authority to regulate that business or establishment has satisfied
both of the following:
   (1) Provided the business or establishment with reasonable notice
of noncompliance, which informs the business or establishment that it
is subject to a civil penalty if it does not correct the violation
within 30 days from the date the notice is sent to the business or
establishment.
   (2) Verified that the violation was not corrected within the
30-day period described in paragraph (1).
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.