BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1193|
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UNFINISHED BUSINESS
Bill No: SB 1193
Author: Steinberg (D)
Amended: 8/13/12
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
SENATE FLOOR : 25-5, 5/30/12
AYES: Alquist, Blakeslee, Calderon, Corbett, Correa, De
Le�n, Evans, Hancock, Hernandez, Kehoe, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Steinberg, Vargas, Wolk, Wright, Wyland, Yee
NOES: Anderson, Dutton, Gaines, Huff, Walters
NO VOTE RECORDED: Berryhill, Cannella, DeSaulnier,
Emmerson, Fuller, Harman, La Malfa, Runner, Simitian,
Strickland
ASSEMBLY FLOOR : 74-0, 8/23/12 - See last page for vote
SUBJECT : Human trafficking: public posting requirements
SOURCE : National Council of Jewish Women
JERICHO
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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.
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, primary airports,
intercity passenger rail or light rail stations, bus
stations and rest stops, truck stops which includes
privately owned and operated facilities that provide food,
fuel, shower or other sanitary facilities and overnight
parking, 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
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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 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.)
The bill provides that a business or establishment that
fails to comply with these requirements is liable for a
civil penalty of $500 for a first offense and $1,000 for
each subsequent offense. This bill authorizes the Attorney
General and local prosecutorial agencies, as specified, to
bring an action to impose one of these civil penalties
against a business or establishment if a local or state
agency with authority to regulate that business or
establishment has provided notice of the violation to the
business or establishment, 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
verified that the violation was not corrected within that
30-day period.
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
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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 8/23/12)
National Council of Jewish Women (co-source)
JERICHO (co-source)
American Association of University Women
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
California Women Lawyers
Coalition to Abolish Slavery and Trafficking
Los Angeles District Attorney's Office
Nevada County Citizens for Choice
Opening Doors
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Polaris Project
Rabbis for Human Rights - North America
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.
ASSEMBLY FLOOR : 74-0, 8/23/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Cook, Davis, Dickinson, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Hill, Huber, Hueso,
Huffman, Jeffries, Jones, Lara, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Conway, Donnelly, Roger Hern�ndez,
Knight, Mansoor, Nielsen
RJG:n 8/24/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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