BILL ANALYSIS Ó
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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:
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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
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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
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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
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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
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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
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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