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