BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 21, 2016


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 1942  
          (Cristina Garcia) - As Amended April 13, 2016


                                  PROPOSED CONSENT


          SUBJECT:  HUMAN TRAFFICKING RECOGNITION AND REPORTING: TRAINING:  
          HOTELS AND MOTELS


          KEY ISSUE:  SHOULD HOTEL AND MOTEL EMPLOYEES WHO ARE LIKELY TO  
          COME INTO CONTACT WITH VICTIMS OF HUMAN TRAFFICKING BE REQUIRED  
          TO BE TRAINED IN HOW TO RECOGNIZE THE SIGNS OF HUMAN TRAFFICKING  
          AND HOW TO REPORT THOSE SIGNS TO AN APPROPRIATE LAW ENFORCEMENT  
          AGENCY?

                                      SYNOPSIS




          This bill represents another helpful step in the Legislature's  
          and this author's continuing efforts to battle the tragedy of  
          human trafficking.  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.  California, in particular, is one of the top  
          four destination states for human trafficking in the United  
          States.  In response to this problem, the Legislature enacted SB  








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          657 (Steinberg) in 2010, which mandated that all retailers and  
          manufacturers doing business in the state in excess of one  
          hundred million dollars publicly disclose their efforts, if any,  
          to eradicate human trafficking from their supply chains.  It was  
          signed by the Governor and has become a national model for  
          leveraging the power of business to fight human trafficking.  In  
          2012, the Legislature enacted SB 1193 (Steinberg), which  
          required businesses, transit hubs, and other locations that are  
          the most likely sites of sex and labor trafficking to post a  
          notice in multiple languages and conspicuous font that  
          publicizes human trafficking resources.  This bill builds on  
          those efforts by requiring hotel and motel employees who are  
          likely to 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.  Because  
          this bill amends Section 52.6, the same code section with the  
          notice posting requirements for businesses, the civil penalty  
          and enforcement provisions in that section will apply to  
          violations of the training requirements in this bill.   
          Therefore, a business that violates the training requirements  
          will be subject to a civil penalty.  And in the circumstances  
          described above, a government entity will be able to bring a  
          civil action against the business.  This bill is supported by a  
          wide array of law enforcement and anti-trafficking groups, as  
          well as the California Catholic Conference, the California Labor  
          Federation, and the National Association of Social Workers.   
          Recently passed (on Consent) by the Assembly Labor and  
          Employment Committee, this bill has no opposition on file.


          SUMMARY:  Requires training of hotel and motel employees in  
          recognizing the signs of human trafficking and how to report  
          those signs to the appropriate law enforcement agency.   
          Specifically, this bill: 


          1)Requires that a hotel or motel that provides lodging services  
            in the state shall train its employees who are likely to  
            interact or come into contact with victims of human  








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            trafficking in recognizing the signs of human trafficking and  
            how to report those signs to the appropriate law enforcement  
            agency. 
          2)The training described in 1), above, shall follow the  
            Department of Justice guidelines. 


          3)Requires, by July 1, 2017, the Department of Justice to  
            develop guidelines for training employees to be used by a  
            hotel or motel described above and shall post them on its  
            Internet Web site. 


          4)Specifies that the guidelines shall include, but are not  
            limited to, all of the following:


             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 the hotel or  
               motel.


          1)Requires, by January 1, 2018, the training to 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)Defines, for the purposes of the training requirements of this  
            bill, "offense" means each incident identified in the notice  
            of noncompliance issued to an employer or business by a  
            government entity without reference to any particular number  








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            of employees involved. 


          EXISTING LAW:  


          1)Establishes, under federal law, the crimes of kidnapping in  
            interstate or foreign commerce, peonage, slavery and  
            trafficking in persons, and provides for criminal and civil  
            penalties.  (18 U.S.C. Secs. 1201, 1581-1595.)


          2)Provides, under the federal Victims of Trafficking and  
            Violence Protection Act of 2000, the crime of human  
            trafficking, and delineates various federal actions to combat  
            trafficking, punish perpetrators, and provide services to  
            victims of trafficking.  (22 U.S.C. Sec. 7100 et seq.)


          3)Provides, under state law, that any person who deprives or  
            violates the personal liberty of another with the intent to  
            effect or maintain prostitution, child pornography, extortion,  
            or to obtain forced labor or services is guilty of human  
            trafficking.  (Penal Code Sec. 236.1.) 


          4)Provides, under state law, for mandatory restitution and  
            allows trafficking victims to bring a civil action against his  
            or her trafficker.  (Civil Code Sec. 52.5.  All further  
            statutory references are to the California Civil Code, unless  
            otherwise indicated.)


          5)Provides, under state law, that any provision of a contract  
            that purports to allow a deduction from a person's wages for  
            the cost of emigrating and transporting that person to the  
            United States would be void as against public policy.   
            (Section 1670.7.)









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          6)Mandates, under state law, that all retailers and  
            manufacturers doing business in the state and who generate in  
            excess of one hundred million dollars in "gross receipts" to  
            publicly "disclose its efforts to eradicate slavery and human  
            trafficking from their direct supply chains for tangible goods  
            offered for sale."  (Section 1714.43.)


          7)Allows, under state law, for the seizure of any real property  
            that is used to facilitate human trafficking.  (Penal Code  
            Sec. 236.3.)


          8)Requires the operators of bars, adult or sexually oriented  
            businesses, massage businesses that are not licensed by a  
            central massage licensing authority, airports, rail stations,  
            bus stations, highway truck stops, emergency rooms, urgent  
            care centers, farm labor contractors, privately operated job  
            recruitment centers, and roadside rest stops to post a  
            conspicuous notice publicizing human trafficking resources.   
            (Section 52.6 (a).)


          9)Requires the Department of Justice to develop a model notice  
            that complies with 8), above, and to make a model notice  
            available on the Department of Justice's website.  (Section  
            52.6 (d).)


          10)Provides that a business or establishment that fails to  
            comply with the requirements of this section is liable for a  
            civil penalty of five hundred dollars ($500) for a first  
            offense and one thousand dollars ($1,000) for each subsequent  
            offense.  (Section 52.6 (e).)


          11)Provides that a government entity may bring an action to  
            impose a civil penalty pursuant to this subdivision against a  








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            business or establishment if a local or state agency with  
            authority to regulate that business or establishment has  
            satisfied both of the following:


             a)   Provided the business or establishment with reasonable  
               notice of noncompliance, which informs the business or  
               establishment that it is subject to a civil penalty if it  
               does not correct the violation within 30 days from the date  
               the notice is sent to the business or establishment.
             b)   Verified that the violation was not corrected within the  
               30-day period described in paragraph.  (Ibid.)


          FISCAL EFFECT:  As currently in print this bill is keyed fiscal.


          COMMENTS:  This bill represents another helpful step in the  
          Legislature's and this author's continuing efforts to battle the  
          tragedy of human trafficking.  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 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. 








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          Scope of the Human Trafficking Problem - Legislative,  
          Administrative, and Law Enforcement Response.  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 United States.




          In 2010 the Legislature enacted SB 657 (Steinberg), which  
          mandated that all retailers and manufacturers doing business in  
          the state in excess of one hundred million dollars publicly  
          disclose their efforts, if any, to eradicate human trafficking  
          from their supply chains.  It was signed by the Governor and has  
          become a national model for leveraging the power of business to  
          fight human trafficking.  In 2012, the Legislature enacted SB  
          1193 (Steinberg), which required businesses, transit hubs, and  
          other locations that are the most likely sites of sex and labor  
          trafficking to post a notice in multiple languages and  
          conspicuous font that publicizes human trafficking resources.   
          This bill builds on those efforts by requiring hotel and motel  
          employees who are likely to 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.


          According to the Assembly Labor and Employment Committee's  








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          recent analysis of this bill, 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 in  
          2012.  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.




          Similar training in the hotel and lodging industry could  
          likewise be helpful in terms of recognizing and reporting cases  
          of human trafficking.  According to the author:


               A hotel or motel that provides lodging services in the  
               state shall require its employees, who are likely to  
               interact or be in contact with victims of human  
               trafficking, to receive training that educates the  
               employees in recognizing the signs of human trafficking and  
               reporting those signs to the appropriate law enforcement  
               agency.  The training should address no less than the  
               following issues: 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 in the law. 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.









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          Similarly, the Guardian Group writes as follows in support of  
          the bill:


               A wide array of legislation has been introduced to take  
               steps to fight the crime of human trafficking in  
               California. This legislation is focused on encouraging  
               training for hotel and lodging workers on human  
               trafficking. Hotels and motels are high-risk areas for  
               human trafficking, including both sexual trafficking of  
               guests and labor trafficking of employees. There is  
               currently no requirement for the lodging industry to train  
               their employees to spot or report victims of human  
               trafficking.  Absent training, employees risk missing  
               telltale signs of human trafficking and lacking the  
               knowledge of appropriate reporting measures.


          Civil Penalties for Violations.  Current law requires that  
          operators of bars, adult or sexually oriented businesses,  
          massage businesses that are not licensed by a central massage  
          licensing authority, airports, rail stations, bus stations,  
          highway truck stops, emergency rooms, urgent care centers, farm  
          labor contractors, privately operated job recruitment centers,  
          and roadside rest stops to post a conspicuous notice developed  
          by the California Department of Justice, publicizing human  
          trafficking resources.  (Section 52.6 (a), (d).)  A business  
          that fails to comply with the notice posting is liable for a  
          civil penalty of five hundred dollars ($500) for a first offense  
          and one thousand dollars ($1,000) for each subsequent offense.   
          (Section 52.6 (e).)  Current law allows a government entity to  
          bring an action to impose a civil penalty pursuant to this  
          subdivision against a business or establishment if a local or  
          state agency with authority to regulate that business or  
          establishment has done both of the following:  (1) Provided the  
          business or establishment with reasonable notice of  
          noncompliance, which informs the business or establishment that  
          it is subject to a civil penalty if it does not correct the  








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          violation within 30 days from the date the notice is sent to the  
          business or establishment, and (2) Verified that the violation  
          was not corrected within the 30-day period described in  
          paragraph.  (Ibid.)  Because this bill amends Section 52.6, the  
          same code section with the notice posting requirements, the  
          civil penalty and enforcement provisions in that section will  
          apply to the training requirements in this bill.  Therefore, a  
          business that violates the training requirements will be subject  
          to a civil penalty.  And in the circumstances described above, a  
          government entity will be able to bring a civil action against  
          the business.


          CURRENT AND RECENT SIMILAR LEGISLATION:  AB 1595 (Campos)  
          requires training for private and public employers that provide  
          mass transportation services in recognizing the signs of human  
          trafficking and how to report those signs to the appropriate law  
          enforcement agency. AB 1595 is pending in the Assembly  
          Employment and Labor Committee.


          AB 22 (Lieber, Chapter 240, Statutes of 2005) enacted the  
          California Trafficking Victims Protection Act, which established  
          civil and criminal penalties for human trafficking and allowed  
          for forfeiture of assets derived from human trafficking.  


          SB 180 (Kuehl, Chapter 239, Statutes of 2005) also established  
          the California Alliance to Combat Trafficking and Slavery  
          (California ACTS) Task Force.  


          SB 657 (Steinberg, Chapter 556, Statutes of 2012), the  
          California Transparency in Supply Chains Act, encourages large  
          businesses to voluntarily take steps to use their substantial  
          economic leverage to deter forced labor from being used in their  
          supply chains.










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          SB 1230 (DeSaulnier, 2010) required public postings regarding  
          human trafficking for specified businesses.  This bill passed  
          the Legislature in 2010, but was vetoed.  

           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


          California Narcotic Officers Association


          Guardian Group


          Los Angeles County Professional Peace Officers Association


          Los Angeles Police Protective League


          National Association of Social Workers









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          Riverside Sheriffs Association


          Santa Clara County Board of Supervisors




          Opposition


          None on file




          Analysis Prepared by:Alison Merrilees / JUD. / (916) 319-2334