BILL ANALYSIS Ó
AB 1595
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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:
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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
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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?
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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.
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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.
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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
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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
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