BILL NUMBER: SB 1193 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 26, 2012
AMENDED IN SENATE MAY 29, 2012
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Steinberg
FEBRUARY 22, 2012
An act to add Section 52.6 to the Civil Code, relating to human
trafficking.
LEGISLATIVE COUNSEL'S DIGEST
SB 1193, as amended, Steinberg. Human trafficking: public posting
requirements.
Existing law authorizes a victim of human trafficking, as defined,
to bring a civil action for actual damages, compensatory damages,
punitive damages, injunctive relief, any combination of those, or any
other appropriate relief within 5 years of the date on which the
trafficking victim was freed from the trafficking situation, or if
the victim was a minor when the act of human trafficking against the
victim occurred, within 8 years after the date the plaintiff attains
the age of majority.
This bill would require specified businesses and other
establishments, upon the availability of a model notice developed by
the Department of Justice, to post a notice that is at least
8 1/2 inches by 11 inches in
size , as specified, that contains
information related to slavery and human trafficking, including
information related to specified nonprofit organizations that provide
services in support of the elimination of slavery and human
trafficking. The bill would require the establishments to post the
notice in a conspicuous place near the entrance of the establishment
or in another conspicuous location in clear view of the public and
employees where similar notices are customarily posted. The bill also
would require the establishments to print the notice in English,
Spanish, and in any other language that is the most widely spoken
language in the county where the establishment is located and for
which translation is mandated by the federal Voting Rights Act. The
bill would require the Department of Justice, on or before April 1,
2013, to develop a model notice that complies with the above
requirements and make the model notice available for download on the
department's Internet Web site.
To the extent that the bill would impose additional duties on
local government agencies, it would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52.6 is added to the Civil Code, to read:
52.6. (a) Each of the following businesses and other
establishments shall, upon the availability of the model notice
described in subdivision (d), post a notice that complies with the
requirements of this section in a conspicuous place near the public
entrance of the establishment or in another conspicuous location in
clear view of the public and employees where similar notices are
customarily posted:
(1) On-sale general public premises licensees under the Alcoholic
Beverage Control Act (Division 9 (commencing with Section 23000) of
the Business and Professions Code).
(2) Adult or sexually oriented businesses , as
defined in subdivision (a) of Section 318.5 of the Penal Code .
(3) Airports.
(3) Primary airports, as defined in Section 47102(16) of
Title 49 of the United States Code.
(4) Intercity passenger rail or light rail stations.
(5) Bus stations.
(6) Highway truck Truck
stops. For purposes of this section, "truck stop" means a
privately owned and operated facility that provides food, fuel,
shower or other sanitary facilities, and lawful overnight truck
parking.
(7) Emergency rooms within general acute care hospitals.
(8) Urgent care centers.
(9) Farm labor contractors , as defined in subdivision (b) of
Section 1682 of the Labor Code .
(10) Privately operated job recruitment centers.
(11) Roadside rest areas.
(12) Massage businesses Businesses
or establishments that offer massage or bodywork services for
compensation and are not described in paragraph (1) of subdivision
(b) of Section 4612 of the Business and Professions Code .
(b) The notice to be posted pursuant to subdivision (a) shall be
at least eight and one-half inches by 11 inches in size ,
written in a 16-point font, and shall state the following:
""If you or someone you know is being forced to
engage in any activity and cannot leave--whether
it is commercial sex, housework, farm work,
construction, factory, retail, or restaurant
work, or any other activity--call the National
Human Trafficking Resource Center at 1-888-373-
7888 or the California Coalition to Abolish
Slavery and Trafficking (CAST) at 1-888-KEY-2-
FRE(EDOM) or 1-888-539-2373 to access help and
services.
Victims of slavery and human trafficking are
protected under United States and California law.
The hotlines are:
b7 Available 24 hours a day, 7 days a week.
b7 Toll-free.
b7 Operated by nonprofit, nongovernmental
organizations.
b7 Anonymous and confidential.
b7 Accessible in more than 160 languages.
b7 Able to provide help, referral to services,
training, and general information.''
(c) The notice to be posted pursuant to subdivision (a) shall be
printed in English, Spanish, and in any other language that is the
most widely spoken language in the county where the establishment is
located and for which translation is mandated by the federal Voting
Rights Act (42 U.S.C. Sec. 1973 et seq.).
(d) On or before April 1, 2013, the Department of Justice shall
develop a model notice that complies with the requirements of this
section and make the model notice available for download on the
department's Internet Web site.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.