BILL ANALYSIS Ó AB 1942 Page 1 Date of Hearing: April 20, 2016 ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT Roger Hernández, Chair AB 1942 (Cristina Garcia) - As Amended April 13, 2016 SUBJECT: Human trafficking recognition and reporting: training: hotels and motels SUMMARY: Requires a hotel or motel that provides lodging services to train employees on human trafficking, as specified. Specifically, this bill: 1)Provides that a hotel or motel that provides lodging services in California 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)Specifies that the training shall follow specified guidelines established by the Department of Justice (DOJ). 3)Provides that by July 1, 2017, the DOJ shall develop guidelines for the training and shall post them on its Internet website. The guidelines shall include, but not be limited to, all of the following: AB 1942 Page 2 a) An overview of human trafficking, including the experience of its victims, how and why it takes place in the hospitality industry, and how it is defined under state and federal law. b) How to identify signs of human trafficking. c) How to report signs and incidences of human trafficking. d) The risks human trafficking can pose to a hotel or motel. 4)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. 5)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. 6)Provides that, for purposes of an existing civil penalty that will apply to this bill, the term "offense" means each incident of noncompliance without reference to any number of employees involved. EXISTING LAW: 1)Provides that any person who deprives or violates the personal AB 1942 Page 3 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 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. 3)Provides for a civil penalty of $500 for a first offense and $1000 for each subsequent offense for a business or establishment that fails to comply with the posting requirement. 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. Hotels and motels, like mass transit locations, are high-risk areas for human trafficking in both sexual and labor trafficking. Currently, there is no requirement for the hotel and motel industry to provide human trafficking awareness training for employees. According to the author: "Polaris, a non-profit organization dedicated to eradicating human trafficking, has identified 1,434 cases of human trafficking in hotels and motels nationally from December 2007 through February 2015 involving 1,867 victims, 45% of whom were minors. These alarming statistics only help to identify trends. They do not represent the AB 1942 Page 4 full scope of the problem, as the data received by Polaris comes only from reports to the National Human Trafficking Resource Center and to Polaris' BeFree helpline." 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. 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 AB 1942 Page 5 helped a VTA bus driver named Tim Watson save a three-year old child from abduction. The author concludes: "A similar bill has been introduced in the state of New York just last year by Assemblymember Matthew Titone. Assembly Bill 03419 mandates the establishment of a uniform anti-trafficking recognition training program and requires employees of hotel and gaming facilities to undergo such program. Though it includes the hotel aspect of our legislation, this bill focused on casino/gaming facilities. It died last year in the Senate but is being reintroduced this year." Arguments in Support Supporters, including several law enforcement groups, argue that hotels and motels are high-risk areas for human trafficking, including both sexual trafficking of guests and labor trafficking of employees. Absent training, employees risk missing telltale signs of human trafficking and lacking the knowledge of appropriate reporting measures. They argue that, by requiring human trafficking training for all hotels and motels in California, the state will open a new avenue for helping victims and arresting human traffickers - and will be the first state in the nation to do so. Related Legislation AB 1595 (Campos) requires private or public employers that provide mass transportation services to train employees on human trafficking, as specified. AB 1595 is currently pending before AB 1942 Page 6 this committee. Committee Staff Comment Because recent amendments move the language of this bill to the Civil Code, should this bill pass this committee, it will be referred to the Assembly Judiciary Committee. REGISTERED SUPPORT / OPPOSITION: Support Association for Los Angeles Deputy Sheriffs California Association of Code Enforcement Officers California Catholic Conference California College and University Police Chiefs Association California Labor Federation, AFL-CIO California Narcotic Officers Association Los Angeles County Professional Peace Officers Association AB 1942 Page 7 Los Angeles Police Protective League National Association of Social Workers, CA Chapter Riverside Sheriffs Association Opposition None on file. Analysis Prepared by:Eva Lieu/Ben Ebbink / L. & E. / (916) 319-2091