BILL ANALYSIS
SB 1230
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SENATE THIRD READING
SB 1230 (DeSaulnier)
As Amended August 16, 2010
Majority vote
SENATE VOTE :23-7
LABOR & EMPLOYMENT 4-0 APPROPRIATIONS 12-5
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|Ayes:|Swanson, Furutani, |Ayes:|Fuentes, Bradford, |
| |Monning, Yamada | |Huffman, Coto, Davis, De |
| | | |Leon, Gatto, Hall, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
| | | | |
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SUMMARY : Requires employers to post, as soon as practicable,
information related to slavery and human trafficking, including
the toll-free hotlines of the National Human Trafficking
Resource Center (NHTRC) or the California Coalition to Abolish
Slavery and Trafficking (CAST), in a conspicuous location
frequented by employees. Requires the Labor Commissioner (LC)
to determine which languages the notice shall be provided in and
shall make the notice available on the Department of Industrial
Relations website, for the LC to enforce these provisions and
states that the LC is not required to produce or distribute the
notice.
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 :
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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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee there will be costs to the Division of Labor Standards
Enforcement (DLSE) of about $50,000 (special fund) to review and
enforce provisions of bill. Additionally, probably minor cost
pressure to DLSE, to the extent that hotline tips to NHTRC
result in additional referrals to DLSE for investigation of
labor violations.
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 United States (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 U.S. government, state agencies and various non-governmental
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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 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
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 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.
Please see policy committee analysis for arguments in support
and prior legislation.
Analysis Prepared by : Lorie Erickson / L. & E. / (916)
319-2091
FN: 0005926
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