BILL ANALYSIS Ó
SB 1193
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Date of Hearing: July 3, 2012
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
SB 1193 (Steinberg) - As Amended: June 26, 2012
SENATE VOTE : 25-5
SUBJECT : HUMAN TRAFFICKING: POSTING OF RESOURCE NOTICES
KEY ISSUE : SHOULD BUSINESSES AND OTHER LIKELY SITES OF HUMAN
TRAFFICKING BE REQUIRED TO POST A NOTICE CONSPICUOUSLY
PUBLICIZING HUMAN TRAFFICKING RESOURCES TO AID THOSE WHO MAY BE
THE SUBJECTS OF HUMAN TRAFFICKING?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This bill represents another helpful step in the Legislature's
and this author's continuing efforts to battle the tragedy of
human trafficking. In 2010 the author carried SB 657, which
mandated that all retailers and manufacturers doing business in
the state in excess of one hundred million dollars publicly
disclose their efforts, if any, to eradicate human trafficking
from their supply chains. It was signed by the Governor and has
become a national model for leveraging the power of business to
fight human trafficking. This bill continues the author's
efforts to combat human trafficking by requiring businesses,
transit hubs, and other locations that are the most likely sites
of sex and labor trafficking to post a notice in multiple
languages and conspicuous font that publicizes human trafficking
resources. In support of this approach, the author notes,
"Victims of human trafficking often do not know where to turn
for assistance and are too intimidated to ask for help. The
public lacks understanding about human trafficking and could
benefit from information on where to report suspicious
instances." The bill is supported by a host of human rights
organizations, and groups representing women, labor, and
churches.
SUMMARY : Seeks to enhance public awareness of human
trafficking, publicize resources the public may use to report
suspected human trafficking, and publicize resources victims of
human trafficking may use to anonymously receive assistance and
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services. Specifically, this bill :
1)Requires the operators of bars, adult or sexually oriented
businesses, massage businesses that are not licensed by a
central massage licensing authority, airports, rail stations,
bus stations, highway truck stops, emergency rooms, urgent
care centers, farm labor contractors, privately operated job
recruitment centers, and roadside rest stops to post a
conspicuous notice publicizing human trafficking resources.
2)Requires that notice use large 16-point font; be at least
eight and one-half inches by 11 inches in size; be written in
English, Spanish, and any other language that is the most used
language in the county in question; and be posted in a
"conspicuous location in clear view of the public and
employees."
3)Requires the notice to contain the following language:
"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:
Available 24 hours a day, 7 days a week.
Toll-free.
Operated by nonprofit, nongovernmental
organizations.
Anonymous and confidential.
Accessible in more than 160 languages.
Able to provide help, referral to services,
training, and general information.''
4)Requires the Department of Justice to develop a model notice
that complies with this measure and to make this model notice
available on the Department of Justice's website.
EXISTING LAW :
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1)Establishes, under federal law, the crimes of kidnapping in
interstate or foreign commerce, peonage, slavery and
trafficking in persons, and provides for criminal and civil
penalties. (18 U.S.C. Secs. 1201, 1581-1595.)
2)Provides, under the federal Victims of Trafficking and
Violence Protection Act of 2000, the crime of human
trafficking, and delineates various federal actions to combat
trafficking, punish perpetrators, and provide services to
victims of trafficking. (22 U.S.C. Sec. 7100 et seq.)
3)Provides, under state law, that any person who deprives or
violates the personal liberty of another with the intent to
effect or maintain prostitution, child pornography, extortion,
or to obtain forced labor or services is guilty of human
trafficking. (Penal Code Sec. 236.1.)
4)Provides, under state law, for mandatory restitution and
allows trafficking victims to bring a civil action against his
or her trafficker. (Civil Code Sec. 52.5.)
5)Provides, under state law, that any provision of a contract
that purports to allow a deduction from a person's wages for
the cost of emigrating and transporting that person to the
United States would be void as against public policy. (Civil
Code Sec. 1670.7.)
6)Mandates, under state law, that all retailers and
manufacturers doing business in the state and who generate in
excess of one hundred million dollars in "gross receipts" to
publicly "disclose its efforts to eradicate slavery and human
trafficking from their direct supply chains for tangible goods
offered for sale." (Civil Code Sec. 1714.43.)
7)Allows, under state law, for the seizure of any real property
that is used to facilitate human trafficking. (Penal Code
Sec. 236.3.)
COMMENTS : This bill represents another helpful step in the
Legislature's and this author's continuing efforts to battle the
tragedy of human trafficking. In 2010 the author carried SB
657, which mandated that all retailers and manufacturers doing
business in the state in excess of one hundred million dollars
publicly disclose their efforts, if any, to eradicate human
trafficking from their supply chains. It was signed by the
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Governor and has become a national model for leveraging the
power of business to fight human trafficking.
This bill requires businesses, transit hubs, and other locations
that are the most likely sites of sex and labor trafficking to
post a notice in multiple languages and 16-point font that
publicizes human trafficking resources. In support of this
approach, the author notes, "Victims of human trafficking often
do not know where to turn for assistance and are too intimidated
to ask for help. The public lacks understanding about human
trafficking and could benefit from information on where to
report suspicious instances."
Need for the Bill: Over 12 million people are reportedly in
some form of forced labor worldwide. Roughly 2.5 million of
those, including 1.2 million children, are reported to have
gotten there as a result of human trafficking. The trafficking
of human beings is at least a $9 billion industry, and the
estimated global profits from trafficked labor currently exceed
$31 billion a year. Despite human trafficking's shocking
prevalence, under 3,200 people - much less than 1% -- are
currently convicted of human trafficking every year.
And the problem exists close to home. Between 14,500 and 17,500
victims are estimated to be trafficked into the U.S. every year,
with California a top destination. According to the California
Alliance to Combat Trafficking and Slavery Task Force,
"ÝCalifornia's] extensive international border, its major
harbors and airports, its powerful economy and accelerating
population, its large immigrant population and its industries
make it a prime target for traffickers."
Bill Requires Only Those Businesses Most Likely to Use
Trafficked Individuals to Post the Required Notices: As noted,
this measure requires only those types of establishments most
likely to use trafficked individuals to post notices regarding
human trafficking. These establishments include: businesses
with a license to sell alcohol for on-site consumption or
beer/wine for off-site consumption; adult or sexually oriented
businesses; massage businesses not credentialed by a central
credentialing authority; transportation hubs including airports,
bus or light rail stations, and truck and rest stops; emergency
rooms and urgent care centers; farm labor contractors; and
privately operated job recruitment centers. Thus this list
targets establishments where signage is most likely, either
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directly or indirectly, to aid victims.
First, many of these businesses are transportation centers where
victims may pass through. Posting in these areas also has the
capacity to educate the public. Public awareness of human
trafficking is low; it is widely regarded as a problem that is
"somewhere else." Individuals must first have an understanding
of human trafficking before it can be identified.
Second, data collected from the National Human Trafficking
Resource Center (NHTRC) indicates that certain businesses are
more likely to be involved in human trafficking, including
sexually-oriented businesses, hotels, and massage parlors.
Signage in these types of businesses is important to inform
victims about their rights and available services. Signage also
acts to put those who engage in trafficking others on notice
that they may be reported.
Reliance on Nonprofit Resources in Notice: As to be expected
many victims of human trafficking are undocumented, and thus may
be particularly fearful of deportation if they contact
authorities. As a result, this bill purposely understandably
does not mention law enforcement or governmental agencies in its
required posting. Instead it connects victims with nonprofit
resources they will inherently trust: the National Human
Trafficking Research Center, a hotline operated by Polaris
Project, and the Coalition Against Slavery and Trafficking.
These organizations have strong community presences. They both
run hotlines where operators are available in multiple
languages, and offer victim support services. Because neither
is a government agency, victims logically will feel most
comfortable sharing sensitive information with them, without any
fear of arrest or deportation.
The State of Texas' Experience with Posting Has Shown the
Effectiveness of Posting : The National Human Trafficking
Resource Center (NHTRC) is the most widely used anti-trafficking
hotline, identifying over 2,000 potential victims a year. The
state of Texas serves as an example of the effectiveness of
posting requirements. In 2007, Texas mandated posting of
trafficking notices, mentioning NHTRC, in all establishments
that have a liquor license. NHTRC reported that in all calls
from Texas between December 2007 and December 2011 in which
NHTRC knew how the caller learned of the hotline, nearly one out
of five did so through the mandated posters.
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ARGUMENTS IN SUPPORT: Reflective of the measure's broad support
is a statement by the Coalition to Abolish Slavery and
Trafficking (CAST), one of a number of anti-trafficking and
human rights groups that support this bill. It states:
Modern-day slavery is a crime that persists in our state
because human trafficking victims and community members are
usually unsure where to turn for help, or unaware that help
or protection is even available?SB 1193 addresses this by
connecting victims and community members with the free,
multi-lingual, 24-hour hotlines that can empower victims to
escape from slavery. As a service provider that witnesses
the toll that trafficking takes on its victims with each
additional day, and the scars that linger for years to come
- even after escaping from abuse - we urge you to consider
the individuals who may be freed by the access to the help
and support that this measure provides.
ARGUMENTS IN OPPOSITION : Save Our State, based in Sacramento,
opposes the bill. It writes:
ÝWe have] serious concerns as to the propriety of the State
of California partnering up with non-governmental
organizations and forcing them down the throats of business
entities that may not share some or all of that
organizations goals?. The state of California has law
enforcement agencies of our own, and if anyone should be
taking reports or soliciting for victims to crime, it
should be us, and those agencies contact information should
be where the private organizations names are now.
Related Pending Legislation : SB 1133 (Leno) seeks to authorize
a broader set of assets that those convicted of trafficking may
be required to forfeit. It passed the Senate 37-0 and is
currently awaiting hearing in the Assembly Appropriations
Committee.
Similar Pending Legislation and Enacted Laws in Other States:
Similar legislation is pending in other states and has been
enacted into law in others, although the substance varies from
state to state.
Prior Related Legislation : In 2005, the Legislature enacted the
California Trafficking Victims Protection Act (AB 22 (Lieber),
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Chapter 240, Statutes of 2005). This act established civil and
criminal penalties for human trafficking and allowed for
forfeiture of assets derived from human trafficking. The
measure, along with SB 180 (Kuehl, Chapter 239, Statutes of
2005) also established the California Alliance to Combat
Trafficking and Slavery (California ACTS) Task Force. In 2010,
the Legislature enacted the author's California Transparency in
Supply Chains Act (SB 657 (Steinberg), Chapter 556), encouraging
large businesses to voluntarily take steps to use their
substantial economic leverage to deter forced labor from being
used in their supply chains.
Similar Legislation Vetoed by Prior Governor: SB 1230
(DeSaulnier), a similar bill, similarly required public postings
regarding human trafficking for specified businesses. This bill
passed the Legislature in 2010 but was vetoed by then-Governor
Schwarzenegger.
REGISTERED SUPPORT / OPPOSITION :
Support
American Association of University Women - California
California Catholic Conference
California Coalition Against Sexual Assault
California Labor Federation - AFL-CIO
California Teachers Association
California Teamsters Public Affairs Council
California Trucking Association
City of Los Angeles
Coalition to Abolish Slavery & Trafficking (CAST)
CAST Survivor Caucus
JERICHO: A Voice for Justice
Los Angeles County District Attorney's Office
Nevada County Citizens for Choice
Opening Doors Inc.
Polaris Project
Rabbis for Human Rights - North American
The Reproductive Justice Coalition of Los Angeles
Opposition
Save Our State
SB 1193
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Analysis Prepared by : Drew Liebert and Jonathan Stein / JUD. /
(916) 319-2334