BILL ANALYSIS �
SENATE JUDICIARY COMMITTEE
Senator Noreen Evans, Chair
2011-2012 Regular Session
SB 1193 (Steinberg)
As Amended April 9, 2012
Hearing Date: April 17, 2012
Fiscal: Yes
Urgency: No
NR
SUBJECT
Human Trafficking: Public Posting Requirements
DESCRIPTION
This bill would require specified businesses most often
connected with human trafficking to post informational signs, as
specified, at the business entrance or in other areas visible to
employees and the public. These signs, posted in English,
Spanish, and any other language widely spoken in the county,
will identify trafficking, state its illegality and that victims
are protected under U.S. law. Each sign will provide two
toll-free, anonymous hotline numbers for victims or members of
the public to call to seek help or report unlawful or suspicious
activity.
BACKGROUND
California law defines human trafficking as "all acts involved
in the recruitment, abduction, transport, harboring, transfer,
sale or receipt of persons, within national or across
international borders, through force, coercion, fraud or
deception, to place persons in situations of slavery or
slaver-like conditions, forced labor or services, such as forced
prostitution or sexual services, domestic servitude, bonded
sweatshop labor, or other debt bondage." (Office of the Atty
Gen., Human Trafficking in California (2012) Cal. Dept. of J. <
http://oag.ca.gov/human-trafficking/what-is>�as of April 5,
2012].)
Human trafficking is a $9 billion industry, the world's second
largest criminal enterprise after the drug trade. It has been
(more)
SB 1193 (Steinberg)
Page 2 of ?
estimated that more than 100,000 minors
are in the commercial sex trade in the United States, and there
are approximately 10,000 forced laborers working in the U.S. at
any given time. (Polaris Project, Annual Report; Combating Human
Trafficking and Modern-Day Slavery Ten Years of Impact |
2002-2012; (2012) p. 2. <
http://www.polarisproject.org/about-us/financial-information/2002
-2012-report>� as of April 5, 2012].) According to the
California Alliance to Combat Trafficking and Slavery Task
Force, "California is a top destination for human traffickers.
The state's extensive international border, its major harbors
and airports, its powerful economy and accelerating population,
its large immigrant population and its industries make it a
prime target for traffickers." (California Alliance to Combat
Trafficking and Slavery Task Force, Human Trafficking in
California: Final Report (October 2007) p. 15.)
Laws furthering similar policy have been enacted in Texas,
Maryland, and Vermont with promising results. In addition,
Alabama, Louisiana and Hawaii have similar legislation pending.
The law and legislation in each of these states provide that
trafficking is illegal and provide the information of nonprofit
organizations for victims or community members to call.
Although the government body differs from state to state, the
enacted law and pending legislation in most other states also
identifies a government agency for enforcement of the public
posting requirements and penalties for non-compliance.
This bill seeks to enhance public awareness of human trafficking
and give victims anonymous resources to call.
CHANGES TO EXISTING LAW
Existing law provides 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.
(Pen. Code Sec. 236.1.)
This bill would require specified businesses including bars,
adult or sexually oriented business, intercity passenger rail or
light rail stations, bus stations and rest stops, highway truck
stops, emergency rooms and urgent care centers, farm labor
contractors, private job recruitment centers, and massage
businesses to post a notice containing specific information
related to human trafficking.
SB 1193 (Steinberg)
Page 3 of ?
This bill would require the notice to be at least eight and one
half inches by 11 inches and posted at the business entrance or
in another conspicuous location visible to employees and the
public where similar notices are customarily posted.
This bill would require the posting to state:
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: |
----------------------------------------------------------
|-+-+--------------------------------------------------------|
| ||Available 24 hours a day, 7 days a week. |
| | | |
|-+-+--------------------------------------------------------|
| ||Toll-free. |
| | | |
|-+-+--------------------------------------------------------|
| ||Operated by nonprofit, nongovernmental organizations. |
| | | |
|-+-+--------------------------------------------------------|
| ||Anonymous and confidential. |
| | | |
|-+-+--------------------------------------------------------|
| ||Accessible in more than 160 languages. |
| | |Able to provide help, referral to services, training, |
| | |and general information. |
| | | |
------------------------------------------------------------
This bill would require the notices to be posted in English,
Spanish, and any other language most widely spoken in the county
for which translation is mandated by the Federal Voting Rights
Act. (42 U.S.C. Sec. 1973 et seq.)
SB 1193 (Steinberg)
Page 4 of ?
COMMENT
1. Stated need for the bill
The author writes:
Today nearly 12.3 million people - equal to nearly one-third
of California's total population -work in some form of forced
labor worldwide. Of those, nearly 2.5 million are estimated
to be victims of human trafficking.
Victims of human trafficking often do not know where to turn
for assistance and are too intimidated to ask for help. While
there is a growing awareness among the public about the issue
of human trafficking, victims and the public could
significantly benefit from a posting at specified businesses
and other establishments stating that trafficking victims have
rights and that anonymous help lines are available.
2. Educating the public helps in identifying and curbing human
trafficking, as well as aiding victims
Both data and experience indicate that community members report
trafficking far more than the victims themselves. California's
Coalition to Abolish Slavery and Trafficking (CAST) claims that
its clients connect with their programs in many ways: community-
and faith-based organizations, law enforcement agencies, good
Samaritans, and lastly, self-referrals. Nationally, the
National Human Trafficking Resource Center (NHTRC) is the most
widely used anti-human trafficking hotline, and it has collected
much data showing the importance and involvement of community
members in combatting human trafficking. Texas, Maryland, and
Vermont have enacted public notice laws with similar language to
SB 1193, and Virginia has passed similar legislation. Bills are
also pending in Alabama, Louisiana, and Hawaii. Each of these
states include NHTRC on their public notices. The Polaris
Project's 2009 Executive Summary of NHTRC confirms the
importance of community involvement. In 2009 the national
hotline took 7,637 calls and identified 2,043 potential victims.
Twenty-seven percent of callers were community members,
compared to only four percent of victim callers. (Polaris
Project, NHTRC Call Data; Executive Summary of the 2009 Annual
Report, (2010) p. 2-3
�as
of April 5, 2012].)
SB 1193 (Steinberg)
Page 5 of ?
State data indicates that public postings achieve results as
well. By way of example, Texas enacted legislation in 2007
mandating posting of human trafficking notices for all
establishments that have a liquor license. NHTRC reported that
in all calls from Texas between December 2007 and December 2011,
the NHTRC knew how the caller learned of the hotline in 57.5
percent of cases. In those cases, nearly one out of five callers
learned of the hotline through posters.
3.SB 1193 requires businesses most likely to employ trafficked
individuals or be accessed by trafficked individuals to post
notices
SB 1193 would require several types of businesses to post
specified notices regarding human trafficking. These
establishments include establishments with a license to sell
alcohol for on-site consumption or beer/wine for off-site
consumption; adult or sexually oriented businesses; massage
businesses; transportation hubs including airports, bus or light
rail stations, and truck and rest stops; emergency rooms and
urgent care centers; farm labor contractors; and privately
operated job recruitment centers. This comprehensive list
targets businesses where signage is most likely, either directly
or indirectly, to aid victims.
First, many of these businesses are transportation centers where
victims may pass through. Posting in these areas has the
capacity to educate the public. Public awareness of human
trafficking is low; it is widely regarded as a problem that is
"somewhere else." Individuals must first have an understanding
of human trafficking before it can be identified. Signage is
therefore critical in locations where community members may
witness suspicious behavior and then make a connection with the
posted information.
Secondly, human trafficking thrives on isolation and secrecy;
law enforcement will not always know where it takes place. Data
collected from NHRTC indicates that certain businesses are more
likely to be involved in human trafficking. (Executive Summary
of the 2009 Annual Report, p.10) Sexually-oriented businesses,
hotels, and massage parlors are a few of the places where
trafficking has traditionally taken place. Signage in these
types of businesses is important to inform victims about their
rights and available services. Signage also acts to put those
who engage in trafficking others on notice that they may be
reported.
SB 1193 (Steinberg)
Page 6 of ?
SB 1193 (Steinberg)
Page 7 of ?
4.Physical elements of signage
SB 1193 would dictate very specifically the elements and
requirements of the signage. This bill lays out the exact
language all signage must contain. The mandated language is
clear and easy to understand. All signs must be posted in
English and Spanish, and other widely spoken languages in the
county as required by the federal Voting Rights Act. The
language on the signage is addressed to both victims and members
of the community. It defines human trafficking in simple terms,
effectively communicates basic rights of victims, and identifies
two anonymous resources that can provide assistance. The
accessibility of the hotlines is emphasized: toll free,
anonymous confidential, and operated by non-governmental
organizations.
SB 1193 would also dictate the placement and size of the
signage. It mandates that signage must be at least eight and
one half by 11 inches, and displayed "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." The specificity
of placement ensures that the signage is actually in view of
both the public and employees.
5.Similar pending legislation and enacted laws in other states
Legislation similar to SB 1193 is pending in other states and
has been enacted into law in others, although the substance does
vary from state to state. In Virginia, for example, the
legislation only applies to businesses engaging in
"strip-teasing" or "topless entertainment." Additionally, the
Virginia bill would designate the Department of Labor as the
enforcer, and would impose a $500 fine for violations. (Va. HB
1200 (Bulova, 2012).) Maryland law requires smaller postings,
only three by five inches at minimum, posted only in "lodging"
businesses where arrests leading to convictions of prostitution,
solicitation of a minor, or human trafficking have occurred.
Maryland law also authorizes a fine of up to $1000 per
violation, and designates enforcement to state, county, or local
law enforcement officers. (Md. Bus. Reg. Code Sec. 15-207.)
Pennsylvania's pending legislation employs a list of businesses
nearly identical to that of SB 1193 that must post notices, but
designates the "appropriate agency that oversees the industry or
business" to impose a civil penalty. (Pa. SB 338 (Leach,
SB 1193 (Steinberg)
Page 8 of ?
2012).)
SB 1193 does not currently specify penalties or identify a
specific government agency with the responsibility of
enforcement. As noted above, the enacted law and pending
legislation in other states varies, suggesting that choosing a
proper enforcing body and/or penalty is challenging. As a
result, the author may wish to consider working on the issue of
enforcement as the bill moves through the legislative process.
6. Importance of incorporating nonprofit, nongovernmental
resources into notice posting
Many victims of human trafficking are undocumented; they may be
fearful of deportation or not understand their rights under U.S.
law. Naturally, contact with the government may make victims
nervous. Therefore, it is important, to connect them with
resources that they can trust, and which they would be willing
to contact regardless of their immigration status. The
nonprofit organizations listed on the notice under SB 1193 are
CAST (Coalition Against Slavery and Trafficking) and NHTRC
(National Human Trafficking Research Center), a hotline operated
by Polaris Project (PP).
CAST is a Los Angeles-based nonprofit, founded in 1998 in
response to the El Monte sweatshop case where 72 Thai garment
workers were kept for eight years in slavery and debt bondage.
With an annual budget of $2.4 million a year, CAST aims to
provide comprehensive long-term services through a three-pronged
approach which includes social services, legal services and
outreach. (CAST, What We Do: Serving the
Survivors�as of April 5, 2012].)
The nonprofit organizations listed on the signage both have
strong community presences and a history that indicates
longevity if not permanence. They both run hotlines where
operators are available in multiple languages, and offer victim
support services. Because neither is a government agency,
victims may feel more comfortable sharing sensitive information,
without fear of arrest or deportation. In this way the
organizations are more able to aid and educate victims than a
government organization.
Support : American Association of University Women; California
Catholic Conference; California Teachers Association; California
Teamsters Public Affairs Council; California Trucking
Association; Coalition to Abolish Slavery & Trafficking (CAST);
CAST Survivor Caucus; Nevada County Citizens for Choice; Opening
Doors Inc.; Polaris Project; Rabbis for Human Rights - North
American; The Reproductive Justice Coalition of Los Angeles
Opposition : None Known
HISTORY
Source : Author; JERICHO; National Council of Jewish Women
Related Pending Legislation : None Known
Prior Legislation : SB 1230 (DeSaulnier, 2010), a substantially
SB 1193 (Steinberg)
Page 10 of ?
similar bill to SB 1193, would have required public postings
regarding human trafficking for specified businesses. This bill
passed the Legislature but was vetoed by Governor
Schwarzenegger.
**************