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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