BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1193|
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                                 THIRD READING


          Bill No:  SB 1193
          Author:   Steinberg (D)
          Amended:  5/29/12
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  4-1, 4/17/12
          AYES:  Evans, Blakeslee, Corbett, Leno
          NOES:  Harman

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 5/24/12
          AYES:  Kehoe, Alquist, Lieu, Price, Steinberg
          NOES:  Walters, Dutton


           SUBJECT :    Human trafficking:  public posting requirements

           SOURCE  :     National Council of Jewish Women
                      JERICHO


           DIGEST  :    This bill requires 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. 

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           ANALYSIS  :    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.

          This bill requires 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, upon the availability of a 
          model that the that Department of Justice (DOJ) will 
          develop, to post a notice containing specific information 
          related to human trafficking.  (Penal Code Section 236.1)

          This bill requires 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 requires 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.

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                           Accessible in more than 160 languages.
                           Able to provide help, referral to 
                    services, training, and general information.

          This bill requires 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.)
          
          This bill provides that, on or before April 1, 2013, DOJ 
          will develop a model notice that complies with the 
          requirements, and make the model notice available for 
          download on the department's Internet Web site.

           Prior Legislation
           
          SB 1230 (DeSaulnier, 2010), a substantially 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. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee:

           One-time costs likely less than $50,000 (General Fund or 
            private funds) for DOJ to develop, translate, and post 
            the notice on its website for download. 

           Potential cost pressure to the Department of Industrial 
            Relations, Division of Labor Standards Enforcement and 
            DOJ, to the extent that hotline tips to National Human 
            Trafficking Resource Center result in additional 
            referrals to the Division for investigation of labor 
            violations or to the DOJ for investigation of potential 
            criminal activity.

           SUPPORT  :   (Verified  5/25/12)

          National Council of Jewish Women (co-source) 
          JERICHO (co-source) 
          American Association of University Women

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          American Federation of State, County and Municipal 
          Employees
          California Catholic Conference
          California Labor Federation
          California Teachers Association
          California Teamsters Public Affairs Council
          California Trucking Association
          Coalition to Abolish Slavery and Trafficking 
          Los Angeles District Attorney's Office
          Nevada County Citizens for Choice
          Opening Doors Inc.
          Polaris Project
          Rabbis for Human Rights - North American
          Reproductive Justice Coalition of Los Angeles
          Women Lawyers of Sacramento

           ARGUMENTS IN SUPPORT  :    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.


          RJG:nl  5/29/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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