BILL ANALYSIS Ó SB 1193 Page 1 SENATE THIRD READING SB 1193 (Steinberg) As Amended August 13, 2012 Majority vote SENATE VOTE :25-5 JUDICIARY 9-1 APPROPRIATIONS 15-0 ----------------------------------------------------------------- |Ayes:|Feuer, Wagner, Atkins, |Ayes:|Fuentes, Harkey, | | |Dickinson, Gorell, Huber, | |Blumenfield, Bradford, | | |Monning, Wieckowski, | |Charles Calderon, Campos, | | |Bonnie Lowenthal | |Davis, Gatto, Hall, Hill, | | | | |Lara, Mitchell, Norby, | | | | |Solorio, Wagner | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Jones | | | | | | | | ----------------------------------------------------------------- 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 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, primary airports, rail stations, bus stations, 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 one other language that is the most widely spoken language in the county where the establishment is located; and be posted in a conspicuous place in clear view of the public and employees. This provision 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 SB 1193 Page 2 addition to English and Spanish. 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 (DOJ) to develop a model notice that complies with this measure and to make this model notice available on the DOJ's Web site. 5)Provides that a business or establishment that fails to comply with the requirements of this section is liable for a civil penalty of $500 for a first offense and $1,000 for each subsequent offense. A government entity identified in Business and Professions Code Section 17204 may bring an action to impose a civil penalty 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: a) 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; and, SB 1193 Page 3 b) Verified that the violation was not corrected within the 30 day period as specified. FISCAL EFFECT : According to the Assembly Appropriations Committee: 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 : 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 (Steinberg), Chapter 556, Statutes of 2010, 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. 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 SB 1193 Page 4 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." 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 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. 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 SB 1193 Page 5 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 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. Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334 FN: 0004763