BILL ANALYSIS �
SB 1193
Page 1
SENATE THIRD READING
SB 1193 (Steinberg)
As Amended August 13, 2012
Majority vote
SENATE VOTE :25-5
JUDICIARY 9-1 APPROPRIATIONS 15-0
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|Ayes:|Feuer, Wagner, Atkins, |Ayes:|Fuentes, Harkey, |
| |Dickinson, Gorell, Huber, | |Blumenfield, Bradford, |
| |Monning, Wieckowski, | |Charles Calderon, Campos, |
| |Bonnie Lowenthal | |Davis, Gatto, Hall, Hill, |
| | | |Lara, Mitchell, Norby, |
| | | |Solorio, Wagner |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Jones | | |
| | | | |
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SUMMARY : Seeks to enhance public awareness of human
trafficking, publicize resources the public may use to report
suspected human trafficking, and publicize resources victims of
human trafficking may use to anonymously receive assistance and
services. Specifically, this bill :
1)Requires the operators of bars, adult or sexually oriented
businesses, massage businesses that are not licensed by a
central massage licensing authority, primary airports, rail
stations, bus stations, truck stops, emergency rooms, urgent
care centers, farm labor contractors, privately operated job
recruitment centers, and roadside rest stops to post a
conspicuous notice publicizing human trafficking resources.
2)Requires that notice use large 16-point font; be at least
eight and one-half inches by 11 inches in size; be written in
English, Spanish, and one other language that is the most
widely spoken language in the county where the establishment
is located; and be posted in a conspicuous place in clear view
of the public and employees. This provision does not require
a business or other establishment in a county where a language
other than English or Spanish is the most widely spoken
language to print the notice in more than one language in
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addition to English and Spanish.
3)Requires the notice to contain the following language:
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.
4)Requires the Department of Justice (DOJ) to develop a model
notice that complies with this measure and to make this model
notice available on the DOJ's Web site.
5)Provides that a business or establishment that fails to comply
with the requirements of this section is liable for a civil
penalty of $500 for a first offense and $1,000 for each
subsequent offense. A government entity identified in
Business and Professions Code Section 17204 may bring an
action to impose a civil penalty against a business or
establishment if a local or state agency with authority to
regulate that business or establishment has satisfied both of
the following:
a) Provided the business or establishment with reasonable
notice of noncompliance, which informs the business or
establishment that it is subject to a civil penalty if it
does not correct the violation within 30 days from the date
the notice is sent to the business or establishment; and,
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b) Verified that the violation was not corrected within the
30 day period as specified.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)The DOJ will incur General Fund costs of around $50,000 to
$100,000 annually for one to two years (minor costs
thereafter) for translation (via contract) and Web-posting of
the required notices and for fielding expected inquiries from
businesses and entities subject to the notice-posting
requirement and potential penalties for failure to comply.
2)Costs for local government entities to download and post the
notices, including required translations, are
state-reimbursable but should be minor.
3)Likely minor absorbable costs to applicable state regulatory
agencies and to local regulatory agencies and prosecutors for
enforcement, offset to some extent by penalty revenues.
COMMENTS : This bill represents another helpful step in the
Legislature's and this author's continuing efforts to battle the
tragedy of human trafficking. In 2010 the author carried SB 657
(Steinberg), Chapter 556, Statutes of 2010, which mandated that
all retailers and manufacturers doing business in the state in
excess of one hundred million dollars publicly disclose their
efforts, if any, to eradicate human trafficking from their
supply chains. It was signed by the Governor and has become a
national model for leveraging the power of business to fight
human trafficking.
Over 12 million people are reportedly in some form of forced
labor worldwide. Roughly 2.5 million of those, including 1.2
million children, are reported to have gotten there as a result
of human trafficking. The trafficking of human beings is at
least a $9 billion industry, and the estimated global profits
from trafficked labor currently exceed $31 billion a year.
Despite human trafficking's shocking prevalence, under 3,200
people - much less than 1% - are currently convicted of human
trafficking every year.
And the problem exists close to home. Between 14,500 and 17,500
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victims are estimated to be trafficked into the U.S. every year,
with California a top destination. According to the California
Alliance to Combat Trafficking and Slavery Task Force,
"�California'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."
As noted, this measure requires only those types of
establishments most likely to use trafficked individuals to post
notices regarding human trafficking. These establishments
include: businesses with a license to sell alcohol for on-site
consumption or beer/wine for off-site consumption; adult or
sexually oriented businesses; massage businesses not
credentialed by a central credentialing authority;
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. Thus this list targets establishments
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 also 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.
Second, data collected from the National Human Trafficking
Resource Center (NHTRC) indicates that certain businesses are
more likely to be involved in human trafficking, including
sexually-oriented businesses, hotels, and massage parlors.
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.
As to be expected many victims of human trafficking are
undocumented, and thus may be particularly fearful of
deportation if they contact authorities. As a result, this bill
purposely understandably does not mention law enforcement or
governmental agencies in its required posting. Instead it
connects victims with nonprofit resources they will inherently
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trust: the National Human Trafficking Research Center, a
hotline operated by Polaris Project, and the Coalition Against
Slavery and Trafficking. These organizations have strong
community presences. They both run hotlines where operators are
available in multiple languages, and offer victim support
services. Because neither is a government agency, victims
logically will feel most comfortable sharing sensitive
information with them, without any fear of arrest or
deportation.
The National Human Trafficking Resource Center (NHTRC) is the
most widely used anti-trafficking hotline, identifying over
2,000 potential victims a year. The state of Texas serves as an
example of the effectiveness of posting requirements. In 2007,
Texas mandated posting of trafficking notices, mentioning NHTRC,
in all establishments that have a liquor license. NHTRC
reported that in all calls from Texas between December 2007 and
December 2011 in which NHTRC knew how the caller learned of the
hotline, nearly one out of five did so through the mandated
posters.
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334
FN: 0004763