BILL ANALYSIS Ó
SB 1193
Page 1
Date of Hearing: August 8, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1193 (Steinberg) - As Amended: June 26, 2012
Policy Committee: JudiciaryVote:9-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill, as proposed to be amended, requires a specified
notice, providing toll-free contact assistance in response to
incidents of human trafficking, to be posted at specified types
of businesses and public areas, and establishes civil penalties
for noncompliance. Specifically, this bill:
1)Requires the state Department of Justice (DOJ), by April 1,
2013, to develop the specified model notice in English,
Spanish, and, for certain counties, consistent with the
requirements of the federal Voting Rights Act, in the one
other most widely spoken language in that county, and requires
the DOJ to make these notices available for download on its
website.
2)Requires the notice, in languages as required per (1), to be
posted at the entrance or in another conspicuous location of
the following businesses and locations:
a) On-sale premises licensed by the Alcoholic Beverage
Control Act.
b) Adult or sexually-oriented businesses, as defined.
c) Primary airports, as defined.
d) Intercity passenger rail or light rail stations.
e) Bus stations.
f) Truck stops.
g) Hospital emergency rooms.
h) Urgent care centers.
i) Farm labor contractors.
j) Privately operated job recruitment centers.
aa) Roadside rest areas.
bb) Businesses offering massage or bodywork services for
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compensation.
3)Provides that the any state or local government entity with
regulatory authority over a business or establishment listed
in (2) can serve a notice of noncompliance with (2), and
giving the business or establishment 30 days to comply.
4)Authorizes the Attorney General, a district attorney, county
counsel, or city attorney to bring an action to impose a civil
penalty of $500 for a first offense and $1,000 for each
subsequent offense for failure of a business or establishment
to comply within 30 days following receipt of the notification
provided per (3).
FISCAL EFFECT
1)The DOJ will incur General Fund costs of around $50,000 to
$100,000 annually for one to two years (minor costs
thereafter) for translation (via contract) and web-posting of
the required notices and for fielding expected inquiries from
businesses and entities subject to the notice-posting
requirement and potential penalties for failure to comply.
2)Costs for local government entities to download and post the
notices, including required translations, are
state-reimbursable but should be minor.
3)Likely minor absorbable costs to applicable state regulatory
agencies and to local regulatory agencies and prosecutors for
enforcement, offset to some extent by penalty revenues.
COMMENTS
1)Purpose . 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."
This bill requires businesses, transit hubs, and other
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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."
2)Texas' Experience . 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.
1)California has averaged four commitments to state prison for
human trafficking over the past five years .
1)Prior Legislation . In 2010, SB 1230 (DeSaulnier), which
required similar posting, but by all employers, was vetoed by
Governor Schwarzenegger based on a perceived burden on
employers with likely little impact on human trafficking.
2)Author's amendments add the enforcement and penalty provisions
and clarify that translation is required in only one
additional language, besides Spanish, in any county with
applicable Voting Rights Act requirements.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081