SB 970: Employment: human trafficking awareness.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-27
Existing law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.
The California Fair Employment and Housing Act (FEHA) makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employers knowledge. FEHA requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years, as specified.
This bill would amend FEHA to require specified employers to provide at least 20 minutes of prescribed training and education regarding human trafficking awareness to employees who are likely to interact or come into contact with victims of human trafficking, as defined. The bill would establish a schedule for compliance commencing January 1, 2020. The bill would authorize the Department of Fair Employment and Housing, in the case of an employer violation of the bills requirements, to seek an order requiring compliance.
Existing law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.
The California Fair Employment and Housing Act (FEHA) makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employers knowledge. FEHA requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years, as specified.
This bill would amend FEHA to require specified employers to provide at least 20 minutes of prescribed training and education regarding human trafficking awareness to employees who are likely to interact or come into contact with victims of human trafficking, as defined. The bill would establish a schedule for compliance commencing January 1, 2020. The bill would authorize the Department of Fair Employment and Housing, in the case of an employer violation of the bills requirements, to seek an order requiring compliance.
Existing law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.
The California Fair Employment and Housing Act (FEHA) makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employers knowledge. FEHA requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years, as specified.
This bill would amend FEHA to require specified employers to provide at least 20 minutes of prescribed training and education regarding human trafficking awareness to employees who are likely to interact or come into contact with victims of human trafficking, as defined. The bill would establish a schedule for compliance commencing January 1, 2020. The bill would authorize the Department of Fair Employment and Housing, in the case of an employer violation of the bills requirements, to seek an order requiring compliance.
Existing law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.
The California Fair Employment and Housing Act (FEHA) makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employers knowledge. FEHA requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years, as specified.
This bill would amend FEHA to require specified employers to provide at least 20 minutes of prescribed training and education regarding human trafficking awareness to employees who are likely to interact or come into contact with victims of human trafficking, as defined. The bill would establish a schedule for compliance commencing January 1, 2020. The bill would require authorize the Department of Fair Employment and Housing, in the case of an employer violation of the bills requirements, to issue seek an order requiring compliance.
Existing law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.
The California Fair Employment and Housing Act (FEHA) makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employers knowledge. FEHA requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years, as specified.
This bill would amend FEHA to require specified employers to provide at least 20 minutes of prescribed training and education regarding human trafficking awareness to employees who are likely to interact or come into contact with victims of human trafficking, as defined. The bill would establish a schedule for compliance commencing January 1, 2020. The bill would require the Department of Fair Employment and Housing, in the case of an employer violation of the bills requirements, to issue an order requiring compliance.
(a)For purposes of this section, employer means a hotel or motel. Employer does not mean a bed and breakfast inn, as that term is defined in subdivision (b) of Section 24045.12 of the Business and Professions Code.
(b)(1)By January 1, 2020, an employer shall provide at least 20 minutes of classroom or other effective interactive training and education regarding human trafficking awareness to each employee who is likely to interact or come into contact with victims of human trafficking and who is employed as of July 1, 2019, and, within six months of his or her employment in that role, to each new employee who is likely to interact or come into contact with victims of human trafficking. An employer who has provided this training and education to an employee on or before January 1, 2019, shall not be required to provide additional training to that employee to meet the requirements of this subparagraph.
(2)After January 1, 2020, an employer shall, once every two years, provide human trafficking awareness training and education to each employee who is likely to interact or come into contact with victims of human trafficking and, within six months of his or her employment in that role, to each new employee who is likely to interact or come into contact with victims of human trafficking.
(3)As used in this subdivision, an employee who is likely to interact or come into contact with victims of human trafficking includes, but is not limited to, an employee who has reoccurring interactions with the public, including, but not limited to, an employee who works in a reception area, performs housekeeping duties, helps customers in moving their possessions, or drives customers.
(c)The human trafficking awareness training and education required by subdivision (b) shall include, but is not limited to, the following:
(1)The definition of human trafficking and commercial exploitation of children.
(2)Guidance on how to identify individuals who are most at risk for human trafficking.
(3)The difference between labor and sex trafficking specific to the hotel sector.
(4)Guidance on the role of hospitality employees in reporting and responding to this issue.
(5)The contact information of appropriate agencies, including, but not limited to, the National Human Trafficking Hotline toll-free telephone number, 1-888-373-7888, and text line, 233733, and the telephone numbers of the appropriate local law enforcement agencies.
(d)The human trafficking awareness training and education required by subdivision (b) may also include, but is not limited to, materials and information provided by the Department of Justice, the Blue Campaign of the federal Department of Homeland Security, and private nonprofit organizations that represent the interests of victims of human trafficking.
(e)The lack of reporting of a human trafficking case that occurs in a hotel, motel, or bed and breakfast inn by an employee of that establishment, shall not, by itself, result in the liability of any employer or employee of that establishment to the human trafficking victim or victims in the case in question or to any other legal party.
(f)It is the intent of the Legislature in enacting this section to establish a minimum threshold for human trafficking awareness training and education. This section shall not be construed to discourage or relieve an employer from providing for longer, more frequent, or more elaborate training and education regarding human trafficking awareness. It is further the intent of the Legislature to encourage employers to take all reasonable steps necessary to lead to the rescue of human trafficking victims and prevent any kind of human trafficking in their establishments.
(g)If an employer violates this section, the department may seek an order requiring the employer to comply with these requirements.
(a)For purposes of this section, employer means a hotel or motel. Employer does not mean a bed and breakfast inn, as that term is defined in subdivision (b) of Section 24045.12 of the Business and Professions Code.
(b)(1)By January 1, 2020, an employer shall provide at least 20 minutes of classroom or other effective interactive training and education regarding human trafficking awareness to each employee who is likely to interact or come into contact with victims of human trafficking and who is employed as of July 1, 2019, and, within six months of his or her employment in that role, to each new employee who is likely to interact or come into contact with victims of human trafficking. An employer who has provided this training and education to an employee on or before January 1, 2019, shall not be required to provide additional training to that employee to meet the requirements of this subparagraph.
(2)After January 1, 2020, an employer shall, once every two years, provide human trafficking awareness training and education to each employee who is likely to interact or come into contact with victims of human trafficking and, within six months of his or her employment in that role, to each new employee who is likely to interact or come into contact with victims of human trafficking.
(3)As used in this subdivision, an employee who is likely to interact or come into contact with victims of human trafficking includes, but is not limited to, an employee who has reoccurring interactions with the public, including, but not limited to, an employee who works in a reception area, performs housekeeping duties, helps customers in moving their possessions, or drives customers.
(c)The human trafficking awareness training and education required by subdivision (b) shall include, but is not limited to, the following:
(1)The definition of human trafficking and commercial exploitation of children.
(2)Guidance on how to identify individuals who are most at risk for human trafficking.
(3)The difference between labor and sex trafficking specific to the hotel sector.
(4)Guidance on the role of hospitality employees in reporting and responding to this issue.
(5)The contact information of appropriate agencies, including, but not limited to, the National Human Trafficking Hotline toll-free telephone number, 1-888-373-7888, and text line, 233733, and the telephone numbers of the appropriate local law enforcement agencies.
(d)The human trafficking awareness training and education required by subdivision (b) may also include, but is not limited to, materials and information provided by the Department of Justice, the Blue Campaign of the federal Department of Homeland Security, and private nonprofit organizations that represent the interests of victims of human trafficking.
(e)The lack of reporting of a human trafficking case that occurs in a hotel, motel, or bed and breakfast inn by an employee of that establishment, shall not, by itself, result in the liability of any employer or employee of that establishment to the human trafficking victim or victims in the case in question or to any other legal party.
(f)It is the intent of the Legislature in enacting this section to establish a minimum threshold for human trafficking awareness training and education. This section shall not be construed to discourage or relieve an employer from providing for longer, more frequent, or more elaborate training and education regarding human trafficking awareness. It is further the intent of the Legislature to encourage employers to take all reasonable steps necessary to lead to the rescue of human trafficking victims and prevent any kind of human trafficking in their establishments.
(g)If an employer violates this section, the department may seek an order requiring the employer to comply with these requirements.
(a)For purposes of this section, employer means a hotel, motel, or bed and breakfast inn, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, not including a personal residence. a hotel or motel. Employer does not mean a bed and breakfast inn, as that term is defined in subdivision (b) of Section 24045.12 of the Business and Professions Code.
(b)(1)By January 1, 2020, an employer shall provide at least 20 minutes of classroom or other effective interactive training and education regarding human trafficking awareness to each employee who is likely to interact or come into contact with victims of human trafficking and who is employed as of July 1, 2019, and and, within six months of his or her employment in that role, to each new employee who is likely to interact or come into contact with victims of human trafficking within six months of his or her employment in that role. trafficking. An employer who has provided this training and education to an employee who is likely to interact or come into contact with victims of human trafficking after January 1, 2017, is not required to provide training and education by the January 1, 2020, deadline. After on or before January 1, 2019, shall not be required to provide additional training to that employee to meet the requirements of this subparagraph.
(2)After January 1, 2020, an employer shall, once every two years, provide human trafficking awareness training and education to each employee who is likely to interact or come into contact with victims of human trafficking. trafficking and, within six months of his or her employment in that role, to each new employee who is likely to interact or come into contact with victims of human trafficking.
(2)(3)As used in this subdivision, an employee who is likely to interact or come into contact with victims of human trafficking includes, but is not limited to, an employee who has reoccurring interactions with the public, including, but not limited to, an employee who works in a reception area, performs housekeeping duties, helps customers in moving their possessions, or drives customers.
(c)The human trafficking awareness training and education required by subdivision (b) shall include, but is not limited to, the following:
(1)The definition of human trafficking and commercial exploitation of children.
(2)Guidance on how to identify individuals who are most at risk for human trafficking.
(3)The difference between labor and sex trafficking specific to the hotel sector.
(4)Guidance on the role of hospitality employees in reporting and responding to this issue.
(5)The contact information of appropriate agencies, including, but not limited to, the National Human Trafficking Resource Center Hotline toll-free telephone number, 1-888-373-7888, and text line, 233733, and the telephone numbers of the appropriate local law enforcement agencies.
(d)The human trafficking awareness training and education required by subdivision (b) may also include, but is not limited to, materials and information provided by the Department of Justice, the Blue Campaign of the federal Department of Homeland Security, and private nonprofit organizations that represent the interests of victims of human trafficking.
(e)The lack of reporting of a human trafficking case that occurs in a hotel, motel, or bed and breakfast inn by an employee of that establishment, shall not, by itself, result in the liability of any employer or employee of that establishment to the human trafficking victim or victims in the case in question or to any other legal party.
(f)It is the intent of the Legislature in enacting this section to establish a minimum threshold for human trafficking awareness training and education. This section shall not be construed to discourage or relieve an employer from providing for longer, more frequent, or more elaborate training and education regarding human trafficking awareness. It is further the intent of the Legislature to encourage employers to take all reasonable steps necessary to lead to the rescue of human trafficking victims and prevent any kind of human trafficking in their establishments.
(g)If an employer violates this section, the department may seek an order requiring the employer to comply with these requirements.
(a)For purposes of this section, employer means a hotel, motel, or bed and breakfast inn, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, not including a personal residence.
(b)(1)By January 1, 2020, an employer shall provide at least 20 minutes of classroom or other effective interactive training and education regarding human trafficking awareness to each employee who is likely to interact or come into contact with victims of human trafficking and who is employed as of July 1, 2019, and to each new employee who is likely to interact or come into contact with victims of human trafficking within six months of his or her employment in that role. An employer who has provided this training and education to an employee who is likely to interact or come into contact with victims of human trafficking after January 1, 2017, is not required to provide training and education by the January 1, 2020, deadline. After January 1, 2020, an employer shall, once every two years, provide human trafficking awareness training and education to each employee who is likely to interact or come into contact with victims of human trafficking.
(2)As used in this subdivision, an employee who is likely to interact or come into contact with victims of human trafficking includes, but is not limited to, an employee who has reoccurring interactions with the public, including, but not limited to, an employee who works in a reception area, performs housekeeping duties, helps customers in moving their possessions, or drives customers.
(c)The human trafficking awareness training and education required by subdivision (b) shall include, but is not limited to, the following:
(1)The definition of human trafficking and commercial exploitation of children.
(2)Guidance on how to identify individuals who are most at risk for human trafficking.
(3)The difference between labor and sex trafficking specific to the hotel sector.
(4)Guidance on the role of hospitality employees in reporting and responding to this issue.
(5)The contact information of appropriate agencies, including, but not limited to, the National Human Trafficking Resource Center toll-free telephone number, 1-888-373-7888, and text line, 233733, and the telephone numbers of the appropriate local law enforcement agencies.
(d)The human trafficking awareness training and education required by subdivision (b) may also include, but is not limited to, materials and information provided by the Department of Justice, the Blue Campaign of the federal Department of Homeland Security, and private nonprofit organizations that represent the interests of victims of human trafficking.
(e)The lack of reporting of a human trafficking case that occurs in a hotel, motel, or bed and breakfast inn by an employee of that establishment, shall not, by itself, result in the liability of any employer or employee of that establishment to the human trafficking victim or victims in the case in question or to any other legal party.
(f)It is the intent of the Legislature in enacting this section to establish a minimum threshold for human trafficking awareness training and education. This section shall not be construed to discourage or relieve an employer from providing for longer, more frequent, or more elaborate training and education regarding human trafficking awareness. It is further the intent of the Legislature to encourage employers to take all reasonable steps necessary to lead to the rescue of human trafficking victims and prevent any kind of human trafficking in their establishments.
(g)If an employer violates this section, the department shall issue may seek an order requiring the employer to comply with these requirements.
(a)For purposes of this section, employer means a hotel, motel, or bed and breakfast inn, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, not including a personal residence.
(b)(1)By January 1, 2020, an employer shall provide at least 20 minutes of classroom or other effective interactive training and education regarding human trafficking awareness to each employee who is likely to interact or come into contact with victims of human trafficking and who is employed as of July 1, 2019, and to each new employee who is likely to interact or come into contact with victims of human trafficking within six months of his or her employment in that role. An employer who has provided this training and education to an employee who is likely to interact or come into contact with victims of human trafficking after January 1, 2017, is not required to provide training and education by the January 1, 2020, deadline. After January 1, 2020, an employer shall, once every two years, provide human trafficking awareness training and education to each employee who is likely to interact or come into contact with victims of human trafficking.
(2)As used in this subdivision, an employee who is likely to interact or come into contact with victims of human trafficking includes, but is not limited to, an employee who has reoccurring interactions with the public, including, but not limited to, an employee who works in a reception area, performs housekeeping duties, helps customers in moving their possessions, or drives customers.
(c)The human trafficking awareness training and education required by subdivision (b) shall include, but is not limited to, the following:
(1)The definition of human trafficking and commercial exploitation of children.
(2)Guidance on how to identify individuals who are most at risk for human trafficking.
(3)The difference between labor and sex trafficking specific to the hotel sector.
(4)Guidance on the role of hospitality employees in reporting and responding to this issue.
(5)The contact information of appropriate agencies, including, but not limited to, the National Human Trafficking Resource Center toll-free telephone number, 1-888-373-7888, and text line, 233733, and the telephone numbers of the appropriate local law enforcement agencies.
(d)The human trafficking awareness training and education required by subdivision (b) may also include, but is not limited to, materials and information provided by the Department of Justice, the Blue Campaign of the federal Department of Homeland Security, and private nonprofit organizations that represent the interests of victims of human trafficking.
(e)The lack of reporting of a human trafficking case that occurs in a hotel, motel, or bed and breakfast inn by an employee of that establishment, shall not, by itself, result in the liability of any employer or employee of that establishment to the human trafficking victim or victims in the case in question or to any other legal party.
(f)It is the intent of the Legislature in enacting this section to establish a minimum threshold for human trafficking awareness training and education. This section shall not be construed to discourage or relieve an employer from providing for longer, more frequent, or more elaborate training and education regarding human trafficking awareness. It is further the intent of the Legislature to encourage employers to take all reasonable steps necessary to lead to the rescue of human trafficking victims and prevent any kind of human trafficking in their establishments.
(g)If an employer violates this section, the department shall issue an order requiring the employer to comply with these requirements.
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Date
|
Status
|
|---|---|
| Sep 27, 2018 | Chaptered by Secretary of State. Chapter 842, Statutes of 2018. |
| Sep 27, 2018 | Approved by the Governor. |
| Sep 10, 2018 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2018 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 30, 2018 | Ordered to special consent calendar. |
| Aug 29, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 29, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 24, 2018 | Read third time and amended. |
| Aug 20, 2018 | From consent calendar on motion of Assembly Member Calderon. |
| Aug 16, 2018 | Read second time. Ordered to consent calendar. |
| Aug 15, 2018 | From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 15). |
| Jun 21, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 20). Re-referred to Com. on APPR. |
| May 25, 2018 | Referred to Com. on L. & E. |
| May 10, 2018 | In Assembly. Read first time. Held at Desk. |
| May 10, 2018 | Read third time. Passed. (Ayes 37. Noes 0.) Ordered to the Assembly. |
| May 8, 2018 | Read second time. Ordered to consent calendar. |
| May 7, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| May 1, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Apr 27, 2018 | Set for hearing May 7. |
| Apr 26, 2018 | April 30 set for first hearing canceled at the request of author. |
| Apr 20, 2018 | Set for hearing April 30. |
| Apr 18, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (April 17). Re-referred to Com. on APPR. |
| Apr 13, 2018 | Set for hearing April 17. |
| Apr 11, 2018 | From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 5. Noes 0.) (April 11). Re-referred to Com. on JUD. |
| Mar 16, 2018 | Set for hearing April 11. |
| Feb 8, 2018 | Referred to Coms. on L. & I.R. and JUD. |
| Feb 1, 2018 | From printer. May be acted upon on or after March 3. |
| Jan 31, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2018 | Unfinished Business SB970 Atkins et al. Concurrence | Senate Floor |
Passed |
|
| Aug 29, 2018 | SB 970 Atkins Senate Third Reading By SANTIAGO | Assembly Floor |
Passed |
|
| Aug 15, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 20, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Labor and Employment |
Passed |
|
| May 10, 2018 | Consent Calendar SB970 | Senate Floor |
Passed |
|
| Apr 17, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 11, 2018 | Do pass, but first be re-referred to the Committee on [Judiciary] with the recommendation: To Consent Calendar | Senate Standing Committee on Labor and Industrial Relations |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Catholic Conference | ** Support | Jun 18, 2018 |
| California District Attorneys Association | ** Support | Aug 30, 2018 |
| California Hotel & Lodging Association | ** Support | Aug 30, 2018 |
| California Teamsters Public Affairs Council | ** Support | Aug 30, 2018 |
| California Travel Association | ** Support | Aug 30, 2018 |
| City and County of San Francisco | ** Support | Aug 30, 2018 |
| Conference of California Bar Associations | ** Support | Aug 30, 2018 |
| Consumer Attorneys Of California | ** Support | May 9, 2018 |
| County Of San Diego | ** Support | Aug 30, 2018 |
| I-5 Freedom Network | ** Support | Aug 30, 2018 |
| Junior Leagues of California | ** Support | Aug 30, 2018 |
| Los Angeles County District Attorney'S Office | ** Support | Aug 30, 2018 |
| Office Of San Diego County District Attorney | ** Support | Aug 30, 2018 |
| Polaris | ** Support | Aug 30, 2018 |
| Religious Sisters of Charity | ** Support | Aug 30, 2018 |
| San Francisco Department on the Status of Women | ** Support | Aug 30, 2018 |
| The Conference Of The California Bar Association | ** Support | Apr 10, 2018 |
| UNITE HERE, AFL-CIO | ** Support | Aug 30, 2018 |
| Worksafe | ** Support | Aug 30, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 970
:
SENATE LABOR & IND. REL. COMMITTEE: 5-0, 4/11/18
AYES: Pan, Stone, Jackson, Mitchell, Wieckowski
SENATE JUDICIARY COMMITTEE: 7-0, 4/17/18
AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 38-0, 5/10/18 (Consent)
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Hertzberg
ASSEMBLY FLOOR: Not available
DIGEST:
This bill requires that hotels and motels provide human trafficking education to employees who interact with the public, as defined.
Assembly Amendments
exempt bed and breakfast inns from the provisions of this bill, clarify training timelines, and make additional minor and technical changes.
Existing law:
- 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. (Penal Code § 236.1)
- Requires specified businesses and establishments, including hotels, motels, and bed and breakfast inns, to post notices 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. (Civil Code §52.6)
- Requires the notices to include specific language regarding telephone numbers to contact if one is aware of or is a victim of human trafficking. This includes the the National Human Trafficking Resource Center and the California Coalition to Abolish Slavery and Trafficking. (Civil Code §52.6)
- Requires the Department of Justice is required to and has created a model notice that can be used by businesses and establishments to meet the posting requirement. (Civil Code §52.6.)
This bill requires hotels, motels, or bed and breakfast inns to provide human trafficking awareness training and education to employees who interact with the public. Specifically, this bill:
- Requires, by January 1, 2020, hotels and motels to provide at least 20 minutes of classroom or other effective interactive training and education regarding human trafficking awareness to each employee who is likely to interact or come into contact with victims of human trafficking and who is employed as of July 1, 2019.
- Requires each new employee who is likely to interact or come into contact with victims of human trafficking within six months of his or her employment in that role.
- Exempts bed and breakfast inns from the requirements of this bill.
- Exempts hotels and motels that have provided this training and education on or before January 1, 2019, from the January 1, 2020 deadline, but requires biannual human trafficking education and training for any employee likely to interact or come into contact with victims of human trafficking after January 1, 2020.
- Defines “an employee who is likely to interact or come into contact with victims of human trafficking” includes, but is not limited to, an employee who has reoccurring interactions with the public, including, but not limited to, an employee who works in a reception area, performs housekeeping duties, helps customers in moving their possessions, or drives customers.
- Requires that the human trafficking awareness training and education required shall include, but is not limited to, the following:
- The definition of human trafficking and commercial exploitation of children.
- Guidance on how to identify individuals who are most at risk for human trafficking.
- The difference between labor and sex trafficking specific to the hotel sector.
- Guidance on the role of hospitality employees in reporting and responding to this issue.
- The contact information of appropriate agencies, including, but not limited to, the National Human Trafficking Resource Center toll-free telephone number, text line, and the telephone numbers of the appropriate local law enforcement agencies.
- Permits the human trafficking awareness training and education to also include, but is not limited to, materials and information provided by the Department of Justice, the Blue Campaign of the federal Department of Homeland Security, and private nonprofit organizations that represent the interests of victims of human trafficking.
- Provides that the lack of reporting of a human trafficking case that occurs in a hotel, motel, or bed and breakfast inn by an employee of that establishment, shall not, by itself, result in the liability of any employer or employee of that establishment to the human trafficking victim or victims in the case in question or to any other legal party.
- States the intent of the Legislature in enacting this bill to establish a minimum threshold for human trafficking awareness training and education and finds that this bill shall not be construed to discourage or relieve an employer from providing for longer, more frequent, or more elaborate training and education regarding human trafficking awareness. This bill also further states the intent of the Legislature to encourage employers to take all reasonable steps necessary to lead to the rescue of human trafficking victims and prevent any kind of human trafficking in their establishments.
- Requires that, if a hotel or motel violates this bill, the Department of Fair Employment and Housing may issue an order requiring the employer to comply with these requirements.
Comments
Need for this bill? The author states the following:
Human trafficking affects more than 20.9 million people worldwide with the United States as both a destination and source for human trafficking victims. According to the FBI, Human Trafficking is believed to be the third-largest criminal activity in the world; after drug trafficking, human trafficking is the world’s second most profitable criminal enterprise, a status it shares with illegal arms trafficking.
With The US Department of Justice estimating that approximately 17,500 men, women, and children are trafficked into the United State every year, hotels are ground zero for all forms of human trafficking in this state. Traffickers are exploiting some of the most vulnerable people in our society, including children. These victims are often hiding in plain sight, and traffickers take advantage of the fact that many hotel employees don’t recognize the signs of human trafficking. The perpetrators of human trafficking have become more sophisticated and organized, requiring an equally sophisticated response from law enforcement and its partners to disrupt and dismantle their networks… The public perception is that human trafficking victims are from other countries, but data from California’s task forces indicated that the vast majority are Americans. In fact, 72% of human trafficking victims whose country of origin was identified by California’s task forces are American.
The hotel industry has also started to recognize that it too can play a significant role in fighting human-trafficking networks, since these networks often rely on hotel establishments to sustain their operations. Large hotel chains across the country like the Marriot and the Wyndham are now actively training their workers on how to identify and report human trafficking…
…
This bill would close the training gap by making sure that hotel and motel employees receive training to recognize the signs of human trafficking and to know how to report those signs to law enforcement… [and] help combat this epidemic by providing employees who are on the frontlines of this crime with the resources from those non-profits to identify and report human trafficking cases.
Related/Prior Legislation
SB 270 (Atkins, 2017) would have required hotels and motels that provide lodging services to train employees who are likely to interact or come into contact with victims of human trafficking. SB 270 was held under submission by the Senate Appropriations Committee.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, this bill has negligible state costs.
California District Attorneys Association
California Hotel & Lodging Association
California Teamsters Public Affairs Council
California Travel Association
City and County of San Francisco
Conference of California Bar Associations
County of San Diego
i-5 Freedom Network
Junior Leagues of California
Los Angeles County District Attorney’s Office
Office of San Diego County District Attorney
Polaris
Religious Sisters of Charity
San Francisco Department on the Status of Women
UNITE HERE, AFL-CIO
Worksafe
OPPOSITION: (Verified 8/29/18)
None received
ARGUMENTS IN SUPPORT: The California Hotel and Lodging Association (CHLA) states the following:
As an industry, we recognize that hotels can play an important role in fighting human trafficking. Trafficking networks often rely on legitimate businesses, like hotels, to sustain their operations and infrastructure.
To be proactive in addressing this issue, CH&LA now offers human trafficking prevention training, available to all CH&LA member properties. This training addresses the issue of human trafficking within the hospitality industry and trains hotel employees what signs to look out for and where to report it.
... As the eyes and ears of a lodging property, employees are best equipped to spot and report potential instances of human trafficking. With proper training, we believe that cases of human trafficking in lodging properties can be significantly cut down.
8/30/18 0:02:30
**** END ****
SENATE THIRD READING
STR Bill Id:SB 970
Author:(Atkins)
As Amended Ver:August 24, 2018
Majority vote
SENATE VOTE: 38-0
Committee | Votes | Ayes | Noes |
Labor | 7-0 | Thurmond, Flora, Gonzalez Fletcher, Jones-Sawyer, Kalra, Rivas, Steinorth |
|
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Requires hotel or motel employers to provide at least 20 minutes of training regarding human trafficking awareness to employees who are likely to come in contact with victims of human trafficking. Specifically, this bill:
- Requires, by January 1, 2020, hotel or motel employers to provide at least 20 minutes of classroom or other interactive training regarding human trafficking awareness to employees who are likely to come in contact with victims of human trafficking and who are employed as of July 1, 2019, and to each new employee likely to interact with such victims within six months of assuming that role.
- Exempts employers who already provided human trafficking awareness training on or before January 1, 2019, from the January 1, 2020 deadline.
- Requires employers, after January 1, 2020, to provide prescribed human trafficking awareness training to employees likely to interact with victims of human trafficking once every two years, and for new employees who are likely to interact with victims of human trafficking, within six months of assuming employment.
- Stipulates that the training shall include, but is not limited to, the definition of human trafficking and commercial exploitation of children, guidance on how to identify those at risk on how to report trafficking, and contact information for appropriate resource centers and law enforcement agencies.
- Provides that the training may also include materials and information provided by the Department of Justice, the Blue Campaign of the federal Department of Homeland Security, and private nonprofit organizations that assist human trafficking victims.
- Provides that the lack of reporting of a human trafficking case occurring at the employer's establishment will not, by itself, result in the liability of any employer or employee of that establishment to the victim in the case or to any other legal party.
- States that the intent of the Legislature in enacting this legislation is to establish a minimum threshold for human trafficking awareness and education and to encourage employers to take all reasonable steps necessary to prevent human trafficking in their establishments and to rescue human trafficking victims.
- Permits the Department of Fair Employment and Housing (DFEH), in the event an employer violates these provisions, to seek an order requiring the employer to comply with them.
EXISTING LAW:
- Provides that a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, is guilty of human trafficking and subject to imprisonment.
- Requires businesses and establishments, as specified, to post a notice in a conspicious place that contains information regarding available assistance and protections for victims of slavery and human trafficking.
- Requires the Department of Justice to develop a model notice in a downloadable format to be used by these businesses and establishments and that such notice shall be updated on or before January 1, 2019.
- Establishes the Fair Employment and Housing Act (FEHA) that makes certain employment practices unlawful, including sexual harassment, and requires employers of 50 or more employees to provide prescribed training on sexual harassment to supervisory employees within specified time frames.
FISCAL EFFECT: According to the Assembly Appropriations Committee, negligible state costs.
COMMENTS: According to the author, "human trafficking affects more than 20.9 million people worldwide with the United States as both a destination and source for human trafficking victims. According to the FBI [Federal Bureau of Investigation], human trafficking is believed to be the third-largest criminal activity in the world; after drug trafficking, human trafficking is the world's second most profitable criminal enterprise, a status it shares with illegal arms trafficking. Human traffickers are capitalizing on the lack of awareness within the hotel industry. All too often, they continue to exploit their victims unchecked because staff, managers, and executives do not know what to look for."
The author further states that the hotel industry is already recognizing its role in fighting human trafficking since human-trafficking networks "often rely on hotel establishments to sustain their operations. Large hotel chains across the country like the Marriott and the Wyndham are now actively training their workers on how to identify and report human trafficking."
Analysis Prepared by: Megan Lane / L. & E. / (916) 319-2091 FN: 0004858
SENATE THIRD READING
STR Bill Id:SB 970
Author:(Atkins)
As Amended Ver:May 1, 2018
Majority vote
SENATE VOTE: 38-0
Committee | Votes | Ayes | Noes |
Labor | 7-0 | Thurmond, Flora, Gonzalez Fletcher, Jones-Sawyer, Kalra, Rivas, Steinorth | |
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
SUMMARY: Requires hotel, motel, and bed and breakfast employers to provide at least 20 minutes of training regarding human trafficking awareness to employees who are likely to come in contact with victims of human trafficking. Specifically, this bill:
- Requires, by January 1, 2020, hotel, motel, and bed and breakfast employers to provide at least 20 minutes of classroom or other interactive training regarding human trafficking awareness to employees who are likely to come in contact with victims of human trafficking and who are employed as of July 1, 2019, and to each new employee likely to interact with such victims within six months of assuming that role.
- Exempts employers who already provided human trafficking awareness training after January 1, 2017 from the January 1, 2020 deadline.
- Requires employers, after January 1, 2020, to provide prescribed human trafficking awareness training to employees likely to interact with victims of human trafficking once every two years.
- Stipulates that the training shall include, but is not limited to, the definition of human trafficking and commercial exploitation of children, guidance on how to identify those at risk on how to report trafficking, and contact information for appropriate resource centers and law enforcement agencies.
- Provides that the training may also include materials and information provided by the Department of Justice, the Blue Campaign of the federal Department of Homeland Security, and private nonprofit organizations that assist human trafficking victims.
- Provides that the lack of reporting of a human trafficking case occurring at the employer's establishment will not, by itself, result in the liability of any employer or employee of that establishment to the victim in the case or to any other legal party.
- States that the intent of the Legislature in enacting this legislation is to establish a minimum threshold for human trafficking awareness and education and to encourage employers to take all reasonable steps necessary to prevent human trafficking in their establishments and to rescue human trafficking victims.
- Permits the Department of Fair Employment and Housing (DFEH), in the event an employer violates these provisions, to seek an order requiring the employer to comply with them.
EXISTING LAW:
- Provides that a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, is guilty of human trafficking and subject to imprisonment.
- Requires businesses and establishments, as specified, to post a notice in a conspicious place that contains information regarding available assistance and protections for victims of slavery and human trafficking.
- Requires the Department of Justice to develop a model notice in a downloadable format to be used by these businesses and establishments and that such notice shall be updated on or before January 1, 2019.
- Establishes the Fair Employment and Housing Act (FEHA) that makes certain employment practices unlawful, including sexual harassment, and requires employers of 50 or more employees to provide prescribed training on sexual harassment to supervisory employees within specified time frames.
FISCAL EFFECT: According to the Assembly Appropriations Committee, negligible state costs.
COMMENTS: According to the author, "human trafficking affects more than 20.9 million people worldwide with the United States as both a destination and source for human trafficking victims. According to the FBI, human trafficking is believed to be the third-largest criminal activity in the world; after drug trafficking, human trafficking is the world's second most profitable criminal enterprise, a status it shares with illegal arms trafficking. Human traffickers are capitalizing on the lack of awareness within the hotel industry. All too often, they continue to exploit their victims unchecked because staff, managers, and executives do not know what to look for."
The author further states that the hotel industry is already recognizing its role in fighting human trafficking since human-trafficking networks "often rely on hotel establishments to sustain their operations. Large hotel chains across the country like the Marriott and the Wyndham are now actively training their workers on how to identify and report human trafficking."
Analysis Prepared by: Jennifer Richard/ L. & E. / (916) 319-2091 FN: 0004466
Date of Hearing: August 15, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 970
Author:(Atkins) – As Amended Ver:May 1, 2018
Policy Committee: | Labor and Employment | Vote: | 7 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires hotel, motel, and bed and breakfast employers to provide at least 20 minutes of training regarding human trafficking awareness to employees who are likely to come in contact with victims of human trafficking. Employers must, by January 1, 2020, provide the training to specified workers employed as of January 1, 2019, and to newly hired employees within six months of their hire. After January 1, 2020, employers must provide the required training once every two years.
FISCAL EFFECT:
Negligible state costs.
COMMENTS:
- Background. Human trafficking is one of the fastest growing criminal enterprises. According to the Department of Justice (DOJ), it is an estimated $32-billion-a-year industry, and there are nearly 20.9 million victims worldwide at any time. One feature of the modern human trafficking industry is that it is often hidden in plain sight and victims do not know where to turn to assistance. Thus, one legislative response in recent years has been to increase awareness and education about human trafficking. For example, as a result of SB 1193, Chapter 515, Statutes of 2012, businesses and other establishments must post a notice informing the public and victims of human trafficking of telephone hotline numbers to seek help or report unlawful activity.
- Purpose. According to supporters, SB 970 will help combat the extensive human trafficking epidemic in California. The author notes that human traffickers capitalize on the lack of awareness within the hotel industry, and often staff does not know what to look for.
- Related legislation. AB 2034 (Kalra), of the 2017-18 Legislative Session, requires an operator of mass transit facility to train its employees in recognizing and reporting human trafficking. AB 2034 is pending in the Senate Judiciary Committee.
- Recent legislation. SB 270 (Atkins), of the 2017-18 Legislative Session, and AB 1942 (Garcia), of the 2015-16 Legislative Session, were similar to this bill but would have amended the Civil Code. AB 270 was held on the Senate Appropriations Committee’s Suspense File and AB 1942 was held on this committee’s Suspense File.
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing: June 20, 2018
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Tony Thurmond, Chair
SBPCA Bill Id:SB 970
Author:(Atkins) – As Amended Ver:May 1, 2018
SENATE VOTE: 38-0
SUBJECT: Employment: human trafficking awareness
SUMMARY: Requires hotel, motel, and bed and breakfast employers to provide at least 20 minutes of training regarding human trafficking awareness to employees who are likely to come in contact with victims of human trafficking. Specifically, this bill:
- Requires, by January 1, 2020, hotel, motel, and bed and breakfast employers to provide at least 20 minutes of classroom or other interactive training regarding human trafficking awareness to employees who are likely to come in contact with victims of human trafficking and who are employed as of July 1, 2019, and to each new employee likely to interact with such victims within six months of assuming that role.
- Exempts employers who already provided human trafficking awareness training after January 1, 2017 from the January 1, 2020 deadline.
- Requires employers, after January 1, 2020, to provide prescribed human trafficking awareness training to employees likely to interact with victims of human trafficking once every two years.
- Stipulates that the training shall include, but is not limited to, the definition of human trafficking and commercial exploitation of children, guidance on how to identify those at risk on how to report trafficking, and contact information for appropriate resource centers and law enforcement agencies.
- Provides that the training may also include materials and information provided by the Department of Justice, the Blue Campaign of the federal Department of Homeland Security, and private nonprofit organizations that assist human trafficking victims.
- Provides that the lack of reporting of a human trafficking case occurring at the employer’s establishment will not, by itself, result in the liability of any employer or employee of that establishment to the victim in the case or to any other legal party.
- States that the intent of the Legislature in enacting this legislation is to establish a minimum threshold for human trafficking awareness and education and to encourage employers to take all reasonable steps necessary to prevent human trafficking in their establishments and to rescue human trafficking victims.
- Permits the Department of Fair Employment and Housing (DFEH), in the event an employer violates these provisions, to seek an order requiring the employer to comply with them.
EXISTING LAW:
- Provides that a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, is guilty of human trafficking and subject to imprisonment.
- Requires businesses and establishments, as specified, to post a notice in a conspicious place that contains information regarding available assistance and protections for victims of slavery and human trafficking.
- Requires the Department of Justice to develop a model notice in a downloadable format to be used by these businesses and establishments and that such notice shall be updated on or before January 1, 2019.
- Establishes the Fair Employment and Housing Act (FEHA) that makes certain employment practices unlawful, including sexual harassment, and requires employers of 50 or more employees to provide prescribed training on sexual harassment to supervisory employees within specified time frames.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, “human trafficking affects more than 20.9 million people worldwide with the United States as both a destination and source for human trafficking victims. According to the FBI, human trafficking is believed to be the third-largest criminal activity in the world; after drug trafficking, human trafficking is the world’s second most profitable criminal enterprise, a status it shares with illegal arms trafficking. Human traffickers are capitalizing on the lack of awareness within the hotel industry. All too often, they continue to exploit their victims unchecked because staff, managers, and executives do not know what to look for.”
The author further states that the hotel industry is already recognizing its role in fighting human trafficking since human-trafficking networks “often rely on hotel establishments to sustain their operations. Large hotel chains across the country like the Marriott and the Wyndham are now actively training their workers on how to identify and report human trafficking.”
In support, the California Travel Association states that the bill “will aid in combating the current and extensive human trafficking epidemic in California. Employees of hotels and motels are often inadvertently witnesses to human trafficking due to the covertness of this heinous crime. SB 970 will require that all California hotels and motels train their employees on how to identify the signs of human trafficking and report these cases to law enforcement.”
Prior and Related Legislation
AB 260 (Santiago) Chapter 547, Statutes of 2017 requires hotels, motels, and bed and breakfast inns, as defined, to post a notice relating to slavery and human trafficking.
SB 270 (Atkins) of 2017 was nearly identical to this bill but would have amended the civil code and did not specify how long the human trafficking awareness training had to be. It died in the Senate Appropriations Committee.
AB 1942 (Garcia) of 2016 was similar to this bill but would have amended the civil code and included civil penalties for violation of the bill’s provisions. The bill died in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Catholic Conference
California District Attorneys Association
California Hotel & Lodging Association
California Travel Association
City and County of San Francisco
Conference of California Bar Associations
County of San Diego
i-5 Freedom Network
Los Angeles County District Attorney's Office
Office of San Diego County District Attorney
Polaris
Religious Sisters of Charity
San Francisco Department on the Status of Women
Worksafe
Opposition
None on file.
Analysis Prepared by: Megan Lane / L. & E. /
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
CONSENT
Bill No: SB 970
:
SENATE LABOR & IND. REL. COMMITTEE: 5-0, 4/11/18
AYES: Pan, Stone, Jackson, Mitchell, Wieckowski
SENATE JUDICIARY COMMITTEE: 7-0, 4/17/18
AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST:
This bill requires that hotels, motels and bed and breakfast inns provide human trafficking education to employees who interact with the public, as defined.
Existing law:
- 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. (Penal Code § 236.1)
- Requires specified businesses and establishments, including hotels, motels, and bed and breakfast inns, to post notices 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. (Civil Code §52.6)
- Requires the notices to include specific language regarding telephone numbers to contact if one is aware of or is a victim of human trafficking. This includes the National Human Trafficking Resource Center and the California Coalition to Abolish Slavery and Trafficking. (Civil Code §52.6)
- Requires the Department of Justice to create a model notice that can be used by businesses and establishments to meet the posting requirement. (Civil Code §52.6.)
This bill requires hotels, motels, or bed and breakfast inns to provide human trafficking awareness training and education to employees who interact with the public. Specifically, this bill:
- Requires, by January 1, 2020, hotels, motels, or bed and breakfast inns to provide at least 20 minutes of classroom or other effective interactive training and education regarding human trafficking awareness to each employee who is likely to interact or come into contact with victims of human trafficking and who is employed as of July 1, 2019.
- Requires each new employee who is likely to interact or come into contact with victims of human trafficking within six months of his or her employment in that role.
- Exempts hotels, motels, or bed and breakfast inns that have provided this training and education after January 1, 2017, from the January 1, 2020 deadline, but requires biannual human trafficking education and training for any employee likely to interact or come into contact with victims of human trafficking after January 1, 2020.
- Defines “an employee who is likely to interact or come into contact with victims of human trafficking” includes, but is not limited to, an employee who has reoccurring interactions with the public, including, but not limited to, an employee who works in a reception area, performs housekeeping duties, helps customers in moving their possessions, or drives customers.
- Requires that the human trafficking awareness training and education required shall include, but is not limited to, the following:
- The definition of human trafficking and commercial exploitation of children.
- Guidance on how to identify individuals who are most at risk for human trafficking.
- The difference between labor and sex trafficking specific to the hotel sector.
- Guidance on the role of hospitality employees in reporting and responding to this issue.
- The contact information of appropriate agencies, including, but not limited to, the National Human Trafficking Resource Center toll-free telephone number, text line, and the telephone numbers of the appropriate local law enforcement agencies.
- Permits the human trafficking awareness training and education to also include, but is not limited to, materials and information provided by the Department of Justice, the Blue Campaign of the federal Department of Homeland Security, and private nonprofit organizations that represent the interests of victims of human trafficking.
- Provides that the lack of reporting of a human trafficking case that occurs in a hotel, motel, or bed and breakfast inn by an employee of that establishment, shall not, by itself, result in the liability of any employer or employee of that establishment to the human trafficking victim or victims in the case in question or to any other legal party.
- States the intent of the Legislature in enacting this bill to establish a minimum threshold for human trafficking awareness training and education and finds that this bill shall not be construed to discourage or relieve an employer from providing for longer, more frequent, or more elaborate training and education regarding human trafficking awareness. This bill also further states the intent of the Legislature to encourage employers to take all reasonable steps necessary to lead to the rescue of human trafficking victims and prevent any kind of human trafficking in their establishments.
- Requires that, if a hotel, motel, or bed and breakfast inn violates this bill, the Department of Fair Employment and Housing may issue an order requiring the employer to comply with these requirements.
Comments
Need for this bill? The author states the following:
Human trafficking affects more than 20.9 million people worldwide with the United States as both a destination and source for human trafficking victims. According to the FBI, Human Trafficking is believed to be the third-largest criminal activity in the world; after drug trafficking, human trafficking is the world’s second most profitable criminal enterprise, a status it shares with illegal arms trafficking.
With The US Department of Justice estimating that approximately 17,500 men, women, and children are trafficked into the United State every year, hotels are ground zero for all forms of human trafficking in this state. Traffickers are exploiting some of the most vulnerable people in our society, including children. These victims are often hiding in plain sight, and traffickers take advantage of the fact that many hotel employees don’t recognize the signs of human trafficking. The perpetrators of human trafficking have become more sophisticated and organized, requiring an equally sophisticated response from law enforcement and its partners to disrupt and dismantle their networks… The public perception is that human trafficking victims are from other countries, but data from California’s task forces indicated that the vast majority are Americans. In fact, 72% of human trafficking victims whose country of origin was identified by California’s task forces are American.
The hotel industry has also started to recognize that it too can play a significant role in fighting human-trafficking networks, since these networks often rely on hotel establishments to sustain their operations. Large hotel chains across the country like the Marriot and the Wyndham are now actively training their workers on how to identify and report human trafficking…
…
This bill would close the training gap by making sure that hotel and motel employees receive training to recognize the signs of human trafficking and to know how to report those signs to law enforcement… [and] help combat this epidemic by providing employees who are on the frontlines of this crime with the resources from those non-profits to identify and report human trafficking cases.
Related/Prior Legislation
SB 270 (Atkins, 2017) would have required hotels and motels that provide lodging services to train employees who are likely to interact or come into contact with victims of human trafficking. SB 270 was held under submission by the Senate Appropriations Committee.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Catholic Conference
California Hotel & Lodging Association
City & County of San Francisco, Department on the Status of Women
City and County of San Francisco
Conference of California Bar Associations
Consumer Attorneys of California
i-5 Freedom Network
Office of San Diego County District Attorney
Religious Sisters of Charity
Worksafe
None received
ARGUMENTS IN SUPPORT: The California Hotel & Lodging Association (CH&LA) states the following:
As an industry, we recognize that hotels can play an important role in fighting human trafficking. Trafficking networks often rely on legitimate businesses, like hotels, to sustain their operations and infrastructure.
To be proactive in addressing this issue, CH&LA now offers human trafficking prevention training, available to all CH&LA member properties. This training addresses the issue of human trafficking within the hospitality industry and trains hotel employees what signs to look out for and where to report it.
... As the eyes and ears of a lodging property, employees are best equipped to spot and report potential instances of human trafficking. With proper training, we believe that cases of human trafficking in lodging properties can be significantly cut down.
5/9/18 13:47:24
**** END ****
Senator Hannah-Beth Jackson, Chair
2017-2018 Regular Session
Bill No: SB 970 (Author:Atkins)
Version: January 31, 2018
Hearing Date: April 17, 2018
Fiscal: Yes
Urgency: No
Consultant: CK
SUBJECT
Employment: human trafficking awareness
DESCRIPTION
This bill would amend the Fair Employment and Housing Act to require hotel, motel, and bed and breakfast inn employers to provide at least 20 minutes of training and education regarding human trafficking awareness to their employees who are likely to interact or come into contact with victims of human trafficking, as defined. The bill would establish required timelines for such trainings starting January 1, 2020. If an employer violates these requirements, this bill would require the Department of Fair Employment and Housing to issue an order requiring compliance.
BACKGROUND
Human trafficking is the world’s fastest growing criminal enterprise, bringing in annual profits in the tens of billions of dollars. Human trafficking is generally defined as the use of force, coercion, or fraud to obtain coerced labor or personal services. Existing law 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.
A recent report by the National Institute of Justice found that approximately 20 million people are victims of some form of human trafficking worldwide. The U.S. State Department estimates that 14,500 - 17,500 people are trafficked into the United States annually. However, estimates indicate that there are hundreds of thousands of victims in the United States. Over 80 percent of reported trafficking cases are sex trafficking, rather than labor or other forms. The data shows that sex trafficking can and does take place in every community, no matter the cultural makeup, the affluence, or the location of a community.
According to the National Human Trafficking Hotline (NHTH) (previously the National Human Trafficking Resource Center), over 1,300 human trafficking cases were reported in California in 2016 alone, vastly more than any other state. Since 2007, the hotline has received 19,000 calls from California with over 5,000 cases reported. The reported cases nationwide overwhelmingly involved female victims with nearly a third of victims being minors. Traffickers look for people who are susceptible for a variety of reasons, including psychological or emotional vulnerability, economic hardship, lack of a social safety net, natural disasters, or political instability. Human trafficking is a hidden crime as victims rarely come forward to seek help because of language barriers, fear of the traffickers, and/or fear of law enforcement.
To increase awareness of human trafficking and provide support to victims, Civil Code Section 52.6 currently requires certain businesses and establishments, including truck stops, health facilities, massage parlors, and transit centers, to post notices encouraging victims of human trafficking and those who suspect human trafficking to contact a textline or one of several hotlines to access help and services. In response to the data that hotels and motels are one of the most common venues for the human trafficking industry, AB 260 (Santiago, Ch. 547, Stats. 2017) was enacted last year to add hotels, motels, and bed and breakfast inns among the businesses that must post that signage.
This bill would further involve hotels and motels in the battle against human trafficking. Under this bill, the Fair Employment and Housing Act would be amended to require hotel, motel, and bed and breakfast inn employers to provide at least 20 minutes of training and education regarding human trafficking awareness to their employees who are likely to interact or come into contact with victims of human trafficking. The training would help employees to recognize individuals who are at risk of human trafficking and educate them on how to report those signs to the appropriate law enforcement agency. If an employer violates these requirements, this bill would require the Department of Fair Employment and Housing to issue an order requiring compliance.
CHANGES TO EXISTING LAW
Existing law 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. (Pen. Code Sec. 236.1.)
Existing law requires specified businesses and establishments to post notices 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. Included among these specified establishments are hotels, motels, and bed and breakfast inns, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, not including personal residences. (Civ. Code Sec. 52.6.)
Existing law requires the notices to include specific language regarding a textline or various hotlines to contact if one is aware of or is a victim of human trafficking. The Department of Justice is required to create a model notice that can be used by businesses and establishments to meet the posting requirement. It is required to produce an updated notice on or before January 1, 2019. (Civ. Code Sec. 52.6.)
Existing law, the California Fair Employment and Housing Act, provides effective remedies for the elimination of prohibited discriminatory practices. (Gov. Code Sec. 12900 et seq.)
Existing law requires every employer to act to ensure a workplace free of sexual harassment. Every employer is required to post a poster on discrimination in employment including information relating to the illegality of sexual harassment. In addition, every employer is required to distribute an information sheet on sexual harassment to all employees. If an employer fails to carry out these requirements, the Department of Fair Employment and Housing (DFEH) may seek an order requiring the employer to comply with these requirements. (Gov. Code Sec. 12950.)
Existing law requires an employer having 50 or more employees to provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees in California within six months of their assumption of a supervisory position and once every two years thereafter. The training and education required must include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment, the remedies available to victims of sexual harassment in employment, and practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, abusive conduct, and retaliation. It shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. (Gov. Code Sec. 12950.1(a)-(b).)
Existing law provides that a claim that the required two hours of sexual harassment training and education did not reach a particular individual or individuals shall not in and of itself result in the liability of any employer to any present or former employee or applicant in any action alleging sexual harassment. If an employer violates the above provisions, DFEH may seek an order requiring the employer to comply with these requirements. (Gov. Code Sec. 12950.1(e)-(f).)
Existing law provides that the training and education required above is intended to establish a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training and education regarding workplace harassment or other forms of unlawful discrimination in order to meet its obligations to take all reasonable steps necessary to prevent and correct harassment and discrimination. (Gov. Code Sec. 12950.1(g).)
This bill would define “employer” to mean a hotel, motel, or bed and breakfast inn, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, not including a personal residence.
This bill would require an employer, by January 1, 2020, to provide at least 20 minutes of classroom or other effective interactive training and education regarding human trafficking awareness to each employee who is likely to interact or come into contact with victims of human trafficking and who is employed as of July 1, 2019, and to each new employee who is likely to interact or come into contact with victims of human trafficking within six months of his or her employment in that role.
This bill would provide that an employer who has provided the above training and education to an employee who is likely to interact or come into contact with victims of human trafficking after January 1, 2017, is not required to provide training and education by the January 1, 2020, deadline.
This bill would require an employer, after January 1, 2020, to provide human trafficking awareness training and education once every two years to each employee who is likely to interact or come into contact with victims of human trafficking.
This bill would define “an employee who is likely to interact or come into contact with victims of human trafficking” to include an employee who has reoccurring interactions with the public, including an employee who works in a reception area, performs housekeeping duties, helps customers in moving their possessions, or drives customers.
This bill would provide that the human trafficking awareness training and education required herein may include materials and information provided by the Department of Justice, the Blue Campaign of the federal Department of Homeland Security, and private nonprofit organizations that represent the interests of victims of human trafficking. However, the required training and education must include the following:
- the definition of human trafficking and commercial exploitation of children;
- guidance on how to identify individuals who are most at risk for human trafficking;
- the difference between labor and sex trafficking specific to the hotel sector;
- guidance on the role of hospitality employees in reporting and responding to this issue; and
- the contact information of appropriate agencies, including the National Human Trafficking Resource Center toll-free telephone number, 1-888-373-7888, and text line, 233733, and the telephone numbers of the appropriate local law enforcement agencies.
This bill would provide that if an employer violates these provisions, DFEH shall issue an order requiring the employer to comply with these requirements. The bill would make clear that the lack of reporting of a human trafficking case that occurs in a hotel, motel, or bed and breakfast inn by an employee of that establishment, shall not, by itself, result in the liability of any employer or employee of that establishment to the human trafficking victim or victims in the case in question or to any other legal party.
This bill would provide that it is the intent of the Legislature in enacting this section to establish a minimum threshold for human trafficking awareness training and education and not to discourage or relieve an employer from providing for longer, more frequent, or more elaborate training and education regarding human trafficking awareness. It would further state it is the intent of the Legislature to encourage employers to take all reasonable steps necessary to lead to the rescue of human trafficking victims and prevent any kind of human trafficking in their establishments.
COMMENT
1. Stated need for the bill
According to the author:
Hotels are ground zero for sex trafficking in this state, where victims are often hiding in plain sight. The traffickers take advantage of the fact that many hotel employees, who are on the frontlines of this crime, don’t recognize the signs of this criminal activity as well as the privacy and anonymity accessible through hotels and motels.
SB 970 will help fight the human trafficking epidemic in California by providing hotel and motel employees with training on how to identify and report human trafficking cases. Training the hotel and motel industry’s employees is a major way to work toward eradicating this form of modern slavery, while helping survivors rebuild their lives.
Many reputable anti-trafficking nonprofits have free training materials available for hotels and motels, and several hotels already provide their employees with them. This bill would close the training gap, so that all employees in lodging establishments have the tools they need to report trafficking cases.
This legislation does not create a mandatory reporting requirement for hotel employees.
2. Hotels and motels are sensible targets for increased awareness and training
The data from studies and reports conducted nationally clearly suggests that the human trafficking industry is increasingly run through or making contact with hotels and motels across the country. Specifically, studies indicate that the commercial sex industry has moved off the street and, in large part, into hotels. A 2012 report by the California Attorney General reveals that human trafficking can be facilitated by those operating the hotels and motels.
The trends stay true here in California. Based on hotline call data from NHTH for 2015, of the substantive calls from California dealing with sex trafficking, the venue of potential trafficking with the highest percentage of calls was hotels and motels.
According to a report conducted in San Diego, the majority of arrests for these crimes took place in hotels and motels. The report interviewed the individual facilitators of these crimes, and they identified hotels and motels as the most common site for commercial sexual activity. Therefore, focusing the state’s efforts on increasing training and education in hotels and motels is strategically sound.
The hotels themselves understand their role. (See Arne Sorenson, Our hotels are fighting human trafficking, but we can't do it alone: Marriott CEO (Feb. 19, 2018) USA Today < https://www.usatoday.com/story/opinion/2018/02/19/our-hotels-fighting-human-trafficking-but-we-cant-do-alone-arne-sorenson/336959002/> [as of Apr. 2, 2018].) The California Hotel and Lodging Association (CHLA) writes in support: “As an industry, we recognize that hotels can play an important role in fighting human trafficking. Trafficking networks often rely on legitimate businesses, like hotels, to sustain their operations and infrastructure.” CHLA also states their belief that this is the right approach to tackling the problem: “As the eyes and ears of a lodging property, employees are best equipped to spot and report potential instances of human trafficking. With proper training, we believe that cases of human trafficking in lodging properties can be significantly cut down.”
3. Other examples at the federal, state, and local levels
Training and education has been identified as a key component in increased detection and reporting of human trafficking. The overwhelming data also suggests that any successful anti-human trafficking strategy must incorporate hotels and motels. This is evidenced by the growing number of programs that (1) require training for employees who are likely to come into contact with the human trafficking industry, and (2) specifically target hotels and motels. These programs are being implemented on the federal, state, and local levels.
For instance, federal law requires that each air carrier provide flight attendants with initial and annual training regarding recognizing and responding to potential human trafficking victims.
On a local level, Baltimore has targeted hotels in its efforts to combat human trafficking. The city enacted two companion bills that required hotels to train employees on how to spot human trafficking and protected hotel employees from retaliation for reporting suspected human trafficking.
One of the strongest programs on this front is found in Connecticut, where the state has enacted legislation that requires each hotel, motel, inn, or similar lodging to train each of its employees at the time of hire on (1) the recognition of potential victims of human trafficking, and (2) the activities commonly associated with human trafficking. In addition, these businesses must conduct ongoing awareness campaigns for employees on the activities commonly associated with human trafficking.
Across the nation, a dozen states have enacted laws that specifically include hotels and motels, providing for increased awareness at venues that are most likely to be involved in the human trafficking industry. This bill would add California to the growing list.
Support: California Hotel and Lodging Association; Conference of California Bar Associations; Office of San Diego County District Attorney; Religious Sisters of Charity; San Francisco Department on the Status of Women; Worksafe
Opposition: None Known
HISTORY
Source: Author
Related Pending Legislation:
SB 1104 (Roth, 2018) would require school districts to identify the most appropriate methods of informing parents and guardians of pupils of human trafficking prevention resources. This bill is currently in the Senate Education Committee.
AB 1861 (Rodriguez, 2018) would amend the human trafficking education program in schools to include information on how social media and mobile device applications are used for human trafficking. This bill is currently in the Assembly Appropriations Committee.
AB 2034 (Kalra, 2018) would require a business or other establishment that operates a bus station or intercity passenger rail or light rail stations, on or before January 1, 2020, to train its new and existing employees who are likely to interact with, or to come into contact with, a victim of human trafficking or who are likely to receive a report from another employee about suspected human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. This bill is currently in the Assembly Appropriations Committee.
AB 2216 (Patterson, 2018) would appropriate $10,000,000 from the General Fund to the Office of Emergency Services for the purpose of awarding grants to support programs for victims of human trafficking. This bill is currently in the Assembly Public Safety Committee.
AB 2732 (Gonzalez Fletcher, 2018) would make it unlawful for an employer to knowingly destroy, conceal, remove, confiscate, or possess any actual or purported passport or other immigration document, or any other actual or purported government identification document of another person in the course of committing, or with the intent to commit, various crimes, including human trafficking. This bill is currently in the Assembly Labor and Employment Committee.
AB 2992 (Daly, 2018) would require the Commission on Peace Officer Standards and Training to develop a course on commercially sexually exploited children and victims of human trafficking. This bill is currently in the Assembly Public Safety Committee.
Prior Legislation:
SB 225 (Stern, Ch. 565, Stats. 2017) updated language that is required to be included in notices certain businesses must post. It included a special textline that can be texted for services and support.
SB 597 (Leyva, Ch. 570, Stats. 2017) allowed victims of human trafficking to participate in the Secretary of State’s Safe at Home program.
AB 260 (Santiago, Ch. 547, Stats. 2017) See Background.
AB 1227 (Bonta, Ch. 558, Stats. 2017) required human trafficking prevention education in schools.
SB 270 (Atkins, 2017) would have required a hotel or motel that provides lodging 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. It died in the Senate Appropriations Committee.
SB 1193 (Steinberg, Ch. 515, Stats. 2012) added Section 52.6 to the Civil Code.
AB 1942 (Garcia, 2016) would have required hotels and motels in the state to train their employees in recognizing the signs of human trafficking and how to report those signs. It would also have required the Department of Justice to develop guidelines for such trainings. The bill died in the Assembly Appropriations Committee.
AB 1595 (Campos, 2016) would have required businesses that provide mass transportation services, such as buses, trains, and light rail, to train their employees in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. The bill died in the Assembly Appropriations Committee.
Prior Vote: Senate Committee on Labor and Industrial Relations (Ayes 5, Noes 0)
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SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Steven Bradford, Chair
2017 - 2018 Regular
Bill No: SB 970 Hearing Date: April 11, 2018
Author: | Atkins | ||
Version: | January 31, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Gideon Baum | ||
Subject: Employment: human trafficking awareness
KEY ISSUE
Should the Legislature require that hotels, motels and bed and breakfast inns provide human trafficking education to employees who interact with the public, as defined?
ANALYSIS
Existing law:
- 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.
(Penal Code § 236.1) - Requires specified businesses and establishments, including hotels, motels, and bed and breakfast inns, to post notices 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. (Civil Code §52.6)
- Requires the notices to include specific language regarding telephone numbers to contact if one is aware of or is a victim of human trafficking. This includes the the National Human Trafficking Resource Center and the California Coalition to Abolish Slavery and Trafficking (CAST). (Civil Code §52.6)
- Requires the Department of Justice is required to and has created a model notice that can be used by businesses and establishments to meet the posting requirement.
(Civil Code §52.6.)
This bill requires hotels, motels, or bed and breakfast inns to provide human trafficking awareness training and education to employees who interact with the public.
Specifically, SB 970:
- Requires, by January 1, 2020, hotels, motels, or bed and breakfast inns to provide at least 20 minutes of classroom or other effective interactive training and education regarding human trafficking awareness to each employee who is likely to interact or come into contact with victims of human trafficking and who is employed as of July 1, 2019;
- Requires each new employee who is likely to interact or come into contact with victims of human trafficking within six months of his or her employment in that role;
- Exempts hotels, motels, or bed and breakfast inns that have provided this training and education after January 1, 2017 from the January 1, 2020 deadline, but requires biannual human trafficking education and training for any employee likely to interact or come into contact with victims of human trafficking after January 1, 2020.
- Defines “an employee who is likely to interact or come into contact with victims of human trafficking” includes, but is not limited to, an employee who has reoccurring interactions with the public, including, but not limited to, an employee who works in a reception area, performs housekeeping duties, helps customers in moving their possessions, or drives customers.
- Requires that the human trafficking awareness training and education required shall include, but is not limited to, the following:
- The definition of human trafficking and commercial exploitation of children.
- Guidance on how to identify individuals who are most at risk for human trafficking.
- The difference between labor and sex trafficking specific to the hotel sector.
- Guidance on the role of hospitality employees in reporting and responding to this issue.
- The contact information of appropriate agencies, including, but not limited to, the National Human Trafficking Resource Center toll-free telephone number, text line, and the telephone numbers of the appropriate local law enforcement agencies.
- Permits the human trafficking awareness training and education to also include, but is not limited to, materials and information provided by the Department of Justice, the Blue Campaign of the federal Department of Homeland Security, and private nonprofit organizations that represent the interests of victims of human trafficking.
- Provides that the lack of reporting of a human trafficking case that occurs in a hotel, motel, or bed and breakfast inn by an employee of that establishment, shall not, by itself, result in the liability of any employer or employee of that establishment to the human trafficking victim or victims in the case in question or to any other legal party.
- States the intent of the Legislature in enacting this section to establish a minimum threshold for human trafficking awareness training and education and finds that the bill shall not be construed to discourage or relieve an employer from providing for longer, more frequent, or more elaborate training and education regarding human trafficking awareness. The bill also further states the intent of the Legislature to encourage employers to take all reasonable steps necessary to lead to the rescue of human trafficking victims and prevent any kind of human trafficking in their establishments.
- Requires that, if a hotel, motel, or bed and breakfast inn violates this section, the Department of Fair Employment and Housing must issue an order requiring the employer to comply with these requirements.
COMMENTS
1. Need for this bill?
The author states the following:
“Human trafficking affects more than 20.9 million people worldwide with the United States as both a destination and source for human trafficking victims. According to the FBI, Human Trafficking is believed to be the third-largest criminal activity in the world; after drug trafficking, human trafficking is the world’s second most profitable criminal enterprise, a status it shares with illegal arms trafficking.
With The US Department of Justice estimating that approximately 17,500 men, women, and children are trafficked into the United State every year, hotels are ground zero for all forms of human trafficking in this state. Traffickers are exploiting some of the most vulnerable people in our society, including children. These victims are often hiding in plain sight, and traffickers take advantage of the fact that many hotel employees don’t recognize the signs of human trafficking. The perpetrators of human trafficking have become more sophisticated and organized, requiring an equally sophisticated response from law enforcement and its partners to disrupt and dismantle their networks… The public perception is that human trafficking victims are from other countries, but data from California’s task forces indicated that the vast majority are Americans. In fact, 72% of human trafficking victims whose country of origin was identified by California’s task forces are American.
The hotel industry has also started to recognize that it too can play a significant role in fighting human-trafficking networks, since these networks often rely on hotel establishments to sustain their operations. Large hotel chains across the country like the Marriot and the Wyndham are now actively training their workers on how to identify and report human trafficking…
…
This bill would close the training gap by making sure that hotel and motel employees receive training to recognize the signs of human trafficking and to know how to report those signs to law enforcement… [and] help combat this epidemic by providing employees who are on the frontlines of this crime with the resources from those non-profits to identify and report human trafficking cases.”
2. Staff Comments:
As noted above, SB 970 requires that the training material contains the National Human Trafficking Resource Center toll-free telephone number (1-888-373-7888) and text line (233733). By explicitly stating the phone numbers within a mandatory provision, SB 970 would require that these numbers be included on all training material even if the numbers were eventually changed. Moreover, it would necessitate a bill to update or alter the relevant phone number or text line.
As the bill moves through the process, the author may wish to consider either empowering FEHA to update these numbers as necessary through regulations (including a model form) or striking the numbers and providing that the hotels, motels, or bed and breakfast inns are required to provide the most current numbers for the National Human Trafficking Resource Center as a part of their training.
3. Double Referral:
This bill has been double referred and, if approved by this committee, it will be sent to the Senate Judiciary Committee for hearing.
4. Proponent Arguments:
The California Hotel and Lodging Association (CHLA) states the following:
“As an industry, we recognize that hotels can play an important role in fighting human trafficking. Trafficking networks often rely on legitimate businesses, like hotels, to sustain their operations and infrastructure.
To be proactive in addressing this issue, CH&LA now offers human trafficking prevention training, available to all CH&LA member properties. This training addresses the issue of human trafficking within the hospitality industry and trains hotel employees what signs to look out for and where to report it.
... As the eyes and ears of a lodging property, employees are best equipped to spot and report potential instances of human trafficking. With proper training, we believe that cases of human trafficking in lodging properties can be significantly cut down.”
5. Opponent Arguments:
None on file.
6. Prior Legislation:
SB 270 (Atkins) of 2017 would have require hotels and motels that provide lodging services to train employees who are likely to interact or come into contact with victims of human trafficking. SB 270 was held under submission by the Senate Appropriations Committee.
SUPPORT
California Catholic Conference
California Hotel & Lodging Association
City & County of San Francisco, Department on the Status of Women
Consumer Attorneys of California
The Conference of the California Bar Association
The Office of San Diego District Attorney
OPPOSITION
None on file.
-- END --
Bill Author
