Existing law establishes the Division of Labor Standards Enforcement in the Department of Industrial Relations for the enforcement of labor laws, and establishes certain obligations on an employer, including, requiring an employer to post specified wage and hour information in a location where it can be viewed by employees. Under existing law, any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of the crime of human trafficking.

This bill would require a private or public employer that provides mass transportation services, as specified, in the state to train its employees, who are likely to interact or come into contact with victims of human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. The bill would require the Department of justice to develop guidelines for the training, including, but not limited to, guidance on how to report human trafficking. The bill would require that, by January 1, 2018, the training be incorporated into the initial training process for all new employees and that all existing employees receive the training.

Existing law establishes the Division of Labor Standards Enforcement in the Department of Industrial Relations for the enforcement of labor laws, and establishes certain obligations on an employer, including, requiring an employer to post specified wage and hour information in a location where it can be viewed by employees. Under existing law, any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of the crime of human trafficking.

This bill would require a private or public employer that provides mass transportation services, as specified, in the state to train its employees, who are likely to interact or come into contact with victims of human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. The bill would require that, by January 1, 2018, the training be incorporated into the initial training process for all new employees and that all existing employees receive the training.

Date of Hearing: May 11, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1595

Author:(Campos) – As Amended Ver:March 29, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires, by January 1, 2018, private or public employers providing mass transportation services to train employees on human trafficking, as specified, and requires the Department of Justice (DOJ) to develop guidelines for this training.

FISCAL EFFECT:

First-year cost of $272,000, and ongoing cost of $475,000 (GF), to DOJ to survey best practices, engage stakeholders, develop guidelines and create a curriculum model for the mass transportation industry regarding human trafficking. On an ongoing basis, DOJ would continue to be engaged to assess the training curriculum success, make improvements based on feedback and update the guidelines as they continue to gather intelligence.  

COMMENTS:

1. Purpose/Background. According to the author, this bill aims to address the lack of awareness on human trafficking in California, particularly in regards to who is at risk, how to identify the signs, and how to report the signs. AB 1595 expands the approach taken by the Santa Clara County Valley Transportation Authority, San Francisco Airport, the US Department of Transportation, and many other organizations concerned about human trafficking by requiring all mass transit agencies across this state to train their employees in how to recognize the signs of human trafficking and how to make the appropriate reports to law enforcement agencies.

The Attorney General’s office reports that human trafficking is the world’s fastest growing criminal enterprise, with a global industry estimated at $32 billion-a-year. The human trafficking industry affects more than 20.9 million people globally. Contrary to public perception that human trafficking victims are from other countries, data collected from California’s task forces indicate that the vast majority of victims are Americans. Notably, 72% of all human trafficking survivors are U.S citizens, with 80% of human trafficking victims in the U.S being women, and 50% being children who attend school in the day and are trafficked at night. California, in particular, is one of the top four destination states for human trafficking in the U.S.

1. Support. Supporters argue that training ground transportation on how to recognize common signs of trafficking, as they are on the frontlines every day, could be instrumental in helping report human trafficking in California.
2. Opposition. CalChamber argues that this bill fails to specify what are the commonly known or accepted signs of human trafficking, and to whom an employee should report human trafficking, and without further clarification, it will create uncertainty, confusion, and inconsistency regarding the training provided. In addition, CalChamber expresses concern that this bill is included in the Labor Code and therefore any alleged violation is subject to the Labor Code Private Attorney General Act for a representative action.
3. Related Legislation. AB 1942 (Christina Garcia), also on today’s calendar, requires a hotel or motel that provides lodging services to train employees on human trafficking, as specified. AB 1942 is currently pending before this committee.

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing: April 20, 2016

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Roger Hernández, Chair

ABPCA Bill Id:AB 1595 (

Author:Campos) – As Amended Ver:March 29, 2016

SUBJECT: Employment: human trafficking training: mass transportation employers

SUMMARY: Requires private or public employers that provide mass transportation services to train employees on human trafficking, as specified. Specifically, this bill:

1. Requires an employer, whether private or public, that provides mass transportation services in the state to train its employees, who are likely to interact or come into contact with victims of human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency.
2. Provides that mass transportation services include, but are not limited to, buses, trains, and light rail. Mass transportation services do not include taxi services or travel by air.
3. Requires the Department of Justice to develop guidelines for the training required in this bill that shall include, but not be limited to, all of the following:
4. The definition of human trafficking, including sex trafficking and labor trafficking.
5. Myths and misconceptions about human trafficking.
6. Red flags of human trafficking to be aware of, including, but not limited to, physical and mental signs.
7. Guidance on how to report human trafficking, including, but not limited to, national hotlines and that the person may do so confidentially.
8. Specifies that, by January 1, 2018, the training required by this bill shall be incorporated into the initial training process for all new employees who are likely to interact or come into contact with victims of human trafficking.
9. Specifies that, by January 1, 2018, the training required by this bill shall be given to all existing employees who are likely to interact or come into contact with victims of human trafficking.

EXISTING LAW:

1. Provides that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of the crime of human trafficking.
2. Requires specified businesses most often connected with human trafficking, such as intercity passenger rail or light rail stations, bus stations and rest stops, to post a notice containing specific information related to human trafficking.

FISCAL EFFECT: Unknown

COMMENTS: According to the author, this bill aims to address the lack of awareness on human trafficking in California, particularly in regards to who is at risk, how to identify the signs, and how to report the signs.

The Attorney General’s office reports that human trafficking is the world’s fastest growing criminal enterprise with a global industry estimated at $32 billion-a-year. The human trafficking industry affects more than 20.9 million people globally. Contrary to public perception that human trafficking victims are from other countries, data collected from California’s task forces indicate that the vast majority of victims are Americans. Notably, 72% of all human trafficking survivors are U.S citizens, with 80% of human trafficking victims in the U.S being women, and 50% being children who attend school in the day and are trafficked at night. California, in particular, is one of the top four destination states for human trafficking in the U.S.

The author states:

“According to the Coalition to Abolish Slavery and Trafficking (CAST), California is particularly vulnerable because of proximity to international borders, number of ports and airports, significant immigrant population, and large economy that includes industries that attract forced labor. It serves both as an entry point for slaved imported from outside the US as well as a designation for slaves…

Research by San Diego State University indicates that potentially 495,293 undocumented Mexican worker s have been victims of labor trafficking in California.

The National Human Trafficking Resource Center keeps statistics on the number of calls to their hotline and the number of cases. From December 2007 to June 2015, they received 13,215 calls on human trafficking in California, which resulted in 3,628 cases. The most common type of trafficking was sex trafficking, followed by domestic work, traveling sales

In 2012, SB 1193 (Steinberg) was enacted to require specified businesses most often connected with human trafficking, such as intercity passenger rail or light rail stations, bus stations and rest stops, to post a notice containing specific information related to human trafficking.

In 2012, the U.S. Department of Transportation launched the Transportation Leaders Against Human Trafficking, which is an open membership group partnership comprised of transportation and travel industry stakeholders. It was created to maximize the transportation industry’s collective impact on combatting trafficking. The San Francisco International Airport and Oakland International Airport have implemented a training program on recognizing the signs of human trafficking. The Santa Clara County Valley Transportation Authority (VTA) has also implemented a training program, requiring its transportation employees to learn how to identify signs of human trafficking and abductions and how to report these signs. This training helped a VTA bus driver named Tim Watson save a three-year old child from abduction.

According to the author,

“[This bill] will expand the approach taken by the Santa Clara County VTA, SFO, OAK, the US Department of Transportation, and many other organizations concerned about human trafficking by requiring all mass transit agencies across California to train their employees in how to recognize the signs of human trafficking and how to report those signs to the appropriate law enforcement agency.”

Arguments in Support

Supporters argue that the signs of child sex trafficking and other forms of human trafficking are in often in plain sight. This was recognized early on by the airline industry with many airports, including San Francisco International and Oakland International, implementing training sessions on how to recognize common signs of trafficking. Supporters argue that expanding this practice to ground transportation is the next step, as they are on the frontlines every day and could be instrumental in helping report human trafficking in California.

Arguments in Opposition

The California Chamber of Commerce (CalChamber) opposes this bill, arguing that it fails to specify what are the commonly known or accepted signs of human trafficking, and to whom an employee should report human trafficking. CalChamber argues that, without further clarification, it will create uncertainty, confusion, and inconsistency regarding the training provided. In addition, CalChamber expresses concern that this bill is included in the Labor Code and therefore any alleged violation is subject to the Labor Code Private Attorney General Act for a representative action.

Related Legislation

AB 1942 (Christina Garcia) requires a hotel or motel that provides lodging services to train employees on human trafficking, as specified. AB 1942 is currently pending before this committee.

REGISTERED SUPPORT / OPPOSITION:

Support

American Academy of Pediatrics

Bill Wilson Center

California Catholic Conference

California Labor Federation, AFL-CIO

California Peace Officers Association

Children’s Law Center of California

Katharine & George Alexander Community Law Center (co-sponsor)

LA County Professional Peace Officers Association

Santa Clara County Board of Supervisors

Santa Clara County Commission on the Status of Women

Santa Clara County Supervisor Cindy Chavez

Santa Clara Valley Transportation Authority

Step Forward Foundation (co-sponsor)

The Association on the California Commission for Women

Opposition

California Chamber of Commerce

Analysis Prepared by: Eva Lieu/Ben Ebbink / L. & E. / (916) 319-2091