BILL ANALYSIS
SB 1230
Page 1
Date of Hearing: June 23, 2010
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Sandre Swanson, Chair
SB 1230 (DeSaulnier) - As Amended: April 21, 2010
SENATE VOTE : 23-7
SUBJECT : Employment: posting requirements.
SUMMARY : Requires employers to post, as soon as practicable,
information related to slavery and human trafficking, including
the toll-free hotline of the National Human Trafficking Resource
Center (NHTRC), in a conspicuous location frequented by
employees. Additionally, requires the Labor Commissioner (LC)
to determine which languages the notice shall be printed in and
for the LC to enforce these provisions.
EXISTING FEDERAL LAW establishes the Victims of Trafficking and
Violence Protection Act of 2000, which was enacted to combat
trafficking in persons, a contemporary manifestation of slavery
whose victims are predominantly women and children, to ensure
just and effective punishment of traffickers, and to protect
their victims and delineates various federal actions to combat
trafficking, punish perpetrators, and offers protections and
services for persons in the country illegally who may be victims
of human trafficking.
EXISTING STATE LAW :
1)Requires employers to post various state and federal safety
and labor law notices, orders and regulations in a conspicuous
place frequented by their employees.
2)Requires employers to provide specified posters in various
languages. Failure to comply with workplace posting
requirements is a misdemeanor and may be punishable by a fine,
imprisonment, or both. Each employer is required to take
necessary steps to insure that notices are not altered,
defaced or covered up.
3)Makes human trafficking a crime and allows a victim of human
trafficking to bring a civil action for actual damages,
compensatory damages, punitive damages, injunctive relief, any
combination of those, or any other appropriate relief.
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FISCAL EFFECT : According to the Senate Appropriations
Committee, minor absorbable costs and unknown costs related to
enforcement.
COMMENTS : According to the author, human trafficking - a crime
that often hides in the shadows - is an unfortunate widespread
form of modern day slavery that affects thousands of foreign and
domestic men, women and children in the United States.
Detecting human trafficking is difficult since it thrives on
secrecy and on the social and physical isolation of its victims.
According to the U.S. Department of State, there is a wide range
of estimates that exist on the scope and magnitude of modern day
slavery. The International Labor Organization (ILO), which is
the United Nations Agency charged with addressing labor
standards, employment, and social protection issues, estimates
that there are at least 12.3 million adults and children in
forced labor, bonded labor, and commercial sexual servitude at
any given time. Of these victims, the ILO estimates that 56
percent are women and girls.
The United States government, state agencies and various
non-governmental organizations throughout the U.S. are committed
to preventing trafficking, protecting victims of trafficking and
prosecuting traffickers. While federal and state law
enforcement works to investigate the criminal networks involved
in human trafficking, local and state police and various
community members are most often in the best position to
recognize and report possible instances of human trafficking.
The human trafficking hotlines used to assist victims are the
most centralized outlet to process and respond to calls for
help.
For victims, the public posting of the hotline is critical since
they generally do not have access to the internet or to other
forms of outreach and awareness programs. For community
members, a call to the hotline to request general information
may generate future tips and a better understanding of the red
flags of human trafficking. Lastly, the hotlines provide a
consistent nation means of tracking the number and types of call
from particular cities and states for a greater understanding of
where the crimes are occurring. High visibility and awareness
of the human trafficking hotline increases the chances that
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potential human trafficking will be reported and that human
traffickers will be stopped.
Similar efforts to require the posting of human trafficking and
hotline information have been enacted in other states in recent
years. In 2007, the Texas Legislature enacted laws that
resulted in the mandatory posting of the National Human
Trafficking Resource Center (NHTRC) hotline. According to the
NHTRC, the hotline has consistently received more calls from
Texas than any other state. The NHTRC has referred the high
volume of tips to local entities in Texas resulting in increased
services to victims. Several states, including Oregon,
Maryland, Washington and others, are considering similar efforts
to help combat human trafficking.
Arguments in Support :
According to the supporters of this bill, the problem of human
trafficking is a much larger and more global issue than most
people grasp. According to the U.S. Department of Health and
Human Services, after drug trafficking, human trafficking is
tied with the illegal arms industry as the second largest
criminal industry in the world today, and it is also the fastest
growing. Also, according to supporters, experience in the field
has demonstrated that one of the best tools to combat human
trafficking is raising public awareness of the problem.
Supporters believe that this bill not only provides an
opportunity for many people to become aware of the issue through
employer signage, but provides a tool for action by providing
specific information about the hotline.
Additionally, they also argue that in this global economy, the
race to the bottom is visible as free trade policies have
allowed corporations to jump from country to country in search
of the cheapest labor and the fewest regulations. Supporters
argue that products are produced throughout the globe using
forced labor, child labor, indentured servitude, and other
abusive conditions. Even right here in California, supporters
assert, the underground economy thrives on wage theft, many
domestic workers are the victims of trafficking, and that many
workplaces are sweatshops operating without the most basic
worker protections.
Lastly, they argue that while the state of California cannot
always eradicate such labor conditions, it should provide
information to workers of their rights and protections afforded
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them under the law in regard to human trafficking.
Prior Legislation :
AB 22 (Lieber) Chapter 240, Statues 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, established the
California Alliance to Combat Trafficking and Slavery
(California ACTS) Task Force charged with conducting a thorough
review of California's response to human trafficking and to
report its finding to the Governor, Attorney General, and the
Legislature.
REGISTERED SUPPORT / OPPOSITION :
Support
Bilateral Safety Corridor Coalition
California Catholic Conference, Inc.
California Labor Federation, AFL-CIO
Coalition to Abolish Slavery and Trafficking
Los Angeles County District Attorney's Office
Lt. Derek Marsh, Westminister Police Department
Orange County Human Trafficking Task Force
Peace Officers Research Association of California
Polaris Project
Opposition
None on file.
Analysis Prepared by : Lorie Erickson / L. & E. / (916)
319-2091