BILL ANALYSIS Ó AB 1595 Page 1 Date of Hearing: April 20, 2016 ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT Roger Hernández, Chair AB 1595 (Campos) - As Amended March 29, 2016 SUBJECT: Employment: human trafficking training: mass transportation employers SUMMARY: Requires private or public employers that provide mass transportation services to train employees on human trafficking, as specified. Specifically, this bill: 1)Requires an employer, whether private or public, that provides mass transportation services in the state to train its employees, who are likely to interact or come into contact with victims of human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. 2)Provides that mass transportation services include, but are not limited to, buses, trains, and light rail. Mass transportation services do not include taxi services or travel by air. 3)Requires the Department of Justice to develop guidelines for the training required in this bill that shall include, but not be limited to, all of the following: AB 1595 Page 2 a) The definition of human trafficking, including sex trafficking and labor trafficking. b) Myths and misconceptions about human trafficking. c) Red flags of human trafficking to be aware of, including, but not limited to, physical and mental signs. d) Guidance on how to report human trafficking, including, but not limited to, national hotlines and that the person may do so confidentially. 1)Specifies that, by January 1, 2018, the training required by this bill shall be incorporated into the initial training process for all new employees who are likely to interact or come into contact with victims of human trafficking. 2)Specifies that, by January 1, 2018, the training required by this bill shall be given to all existing employees who are likely to interact or come into contact with victims of human trafficking. EXISTING LAW: 1)Provides that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of the crime of human trafficking. 2)Requires specified businesses most often connected with human AB 1595 Page 3 trafficking, such as intercity passenger rail or light rail stations, bus stations and rest stops, to post a notice containing specific information related to human trafficking. FISCAL EFFECT: Unknown COMMENTS: According to the author, this bill aims to address the lack of awareness on human trafficking in California, particularly in regards to who is at risk, how to identify the signs, and how to report the signs. The Attorney General's office reports that human trafficking is the world's fastest growing criminal enterprise with a global industry estimated at $32 billion-a-year. The human trafficking industry affects more than 20.9 million people globally. Contrary to public perception that human trafficking victims are from other countries, data collected from California's task forces indicate that the vast majority of victims are Americans. Notably, 72% of all human trafficking survivors are U.S citizens, with 80% of human trafficking victims in the U.S being women, and 50% being children who attend school in the day and are trafficked at night. California, in particular, is one of the top four destination states for human trafficking in the U.S. The author states: "According to the Coalition to Abolish Slavery and Trafficking (CAST), California is particularly vulnerable because of proximity to international borders, number of ports and airports, significant immigrant population, and large economy that includes industries that attract forced labor. It serves both as an entry point for slaved imported from outside the US as well as a designation for slaves? AB 1595 Page 4 Research by San Diego State University indicates that potentially 495,293 undocumented Mexican worker s have been victims of labor trafficking in California. The National Human Trafficking Resource Center keeps statistics on the number of calls to their hotline and the number of cases. From December 2007 to June 2015, they received 13,215 calls on human trafficking in California, which resulted in 3,628 cases. The most common type of trafficking was sex trafficking, followed by domestic work, traveling sales In 2012, SB 1193 (Steinberg) was enacted to require specified businesses most often connected with human trafficking, such as intercity passenger rail or light rail stations, bus stations and rest stops, to post a notice containing specific information related to human trafficking. In 2012, the U.S. Department of Transportation launched the Transportation Leaders Against Human Trafficking, which is an open membership group partnership comprised of transportation and travel industry stakeholders. It was created to maximize the transportation industry's collective impact on combatting trafficking. The San Francisco International Airport and Oakland International Airport have implemented a training program on recognizing the signs of human trafficking. The Santa Clara County Valley Transportation Authority (VTA) has also implemented a training program, requiring its transportation employees to learn how to identify signs of human trafficking and abductions and how to report these signs. This training helped a VTA bus driver named Tim Watson save a three-year old child from abduction. AB 1595 Page 5 According to the author, "[This bill] will expand the approach taken by the Santa Clara County VTA, SFO, OAK, the US Department of Transportation, and many other organizations concerned about human trafficking by requiring all mass transit agencies across California to train their employees in how to recognize the signs of human trafficking and how to report those signs to the appropriate law enforcement agency." Arguments in Support Supporters argue that the signs of child sex trafficking and other forms of human trafficking are in often in plain sight. This was recognized early on by the airline industry with many airports, including San Francisco International and Oakland International, implementing training sessions on how to recognize common signs of trafficking. Supporters argue that expanding this practice to ground transportation is the next step, as they are on the frontlines every day and could be instrumental in helping report human trafficking in California. Arguments in Opposition The California Chamber of Commerce (CalChamber) opposes this bill, arguing that it fails to specify what are the commonly known or accepted signs of human trafficking, and to whom an employee should report human trafficking. CalChamber argues that, without further clarification, it will create uncertainty, confusion, and inconsistency regarding the training provided. In addition, CalChamber expresses concern that this bill is included in the Labor Code and therefore any alleged violation is subject to the Labor Code Private Attorney General Act for a representative action. AB 1595 Page 6 Related Legislation AB 1942 (Christina Garcia) requires a hotel or motel that provides lodging services to train employees on human trafficking, as specified. AB 1942 is currently pending before this committee. REGISTERED SUPPORT / OPPOSITION: Support American Academy of Pediatrics Bill Wilson Center California Catholic Conference California Labor Federation, AFL-CIO California Peace Officers Association Children's Law Center of California AB 1595 Page 7 Katharine & George Alexander Community Law Center (co-sponsor) LA County Professional Peace Officers Association Santa Clara County Board of Supervisors Santa Clara County Commission on the Status of Women Santa Clara County Supervisor Cindy Chavez Santa Clara Valley Transportation Authority Step Forward Foundation (co-sponsor) The Association on the California Commission for Women Opposition California Chamber of Commerce Analysis Prepared by:Eva Lieu/Ben Ebbink / L. & E. / (916) 319-2091 AB 1595 Page 8