Existing law requires specified businesses and other establishments, including, among others, airports, intercity passenger rail or light rail stations, bus stations, and truck stops, 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.

This bill would require a primary ticket seller, as defined, upon the purchase of a mobile or electronic ticket for an event at an entertainment facility, as defined, to include a notice with the ticket purchase confirmation electronically to the buyer that contains information relating to commercial sex and labor trafficking, including information regarding specified nonprofit organizations that a person can call or text for services or support in the elimination of slavery and human trafficking. The bill also would require the primary ticket seller to provide the notice in English, Spanish, and in one other language that is the most widely spoken language in the county where the entertainment facility is located and for which translation is mandated by the federal Voting Rights Act of 1965.

Existing law requires specified businesses and other establishments, including, among others, airports, intercity passenger rail or light rail stations, bus stations, and truck stops, 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.

This bill would require a primary ticket seller, as defined, upon the purchase of a mobile or electronic ticket for an event at an entertainment facility, as defined, to include a notice with the ticket purchase confirmation electronically to the buyer that contains information relating to commercial sex and labor trafficking, including information regarding specified nonprofit organizations that a person can call or text for services or support in the elimination of slavery and human trafficking. The bill also would require the primary ticket seller to provide the notice in English, Spanish, and in one other language that is the most widely spoken language in the county where the entertainment facility is located and for which translation is mandated by the federal Voting Rights Act of 1965.

Existing law requires specified businesses and other establishments, including, among others, airports, intercity passenger rail or light rail stations, bus stations, and truck stops, 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.

This bill would require a primary ticket seller, as defined, upon the purchase of a mobile or electronic ticket for an event at an entertainment facility, as defined, to include a notice with the ticket purchase confirmation electronically to the buyer that contains information relating to commercial sex and labor trafficking, including information regarding specified nonprofit organizations that a person can call or text for services or support in the elimination of slavery and human trafficking. The bill also would require the primary ticket seller to provide the notice in English, Spanish, and in one other language that is the most widely spoken language in the county where the entertainment facility is located and for which translation is mandated by the federal Voting Rights Act of 1965.

Existing law requires specified businesses and other establishments, including, among others, airports, intercity passenger rail or light rail stations, bus stations, and truck stops, 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.

This bill would require a primary ticket seller, as defined, upon the purchase of a mobile or electronic ticket for an event at an entertainment facility, as defined, to include a notice with the ticket purchase confirmation electronically to the buyer that contains information relating to commercial sex and labor trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1966

Author:(Davies)

As Amended Ver:June 6, 2024

Majority vote

SUMMARY

AB 1966 requires primary ticket sellers to electronically include information on resources for human trafficking victims, as well as a warning about criminal liability for engaging in such trafficking, with all mobile or electronic ticket purchase confirmations for events at an entertainment facility.

Senate Amendments

Add that the information provided by a primary ticket seller on ticket purchase confirmations include the National Human Trafficking Hotline's text contact, 233-733 (Be Free), and require the notice to be provided in English, Spanish, and in one other language that is the most widely spoken language in the county where the entertainment facility is located and for which translation is mandated by the federal Voting Rights Act of 1965.

COMMENTS

Background. In 2013, the State enacted Senate Bill 1193 (Steinberg), which added Section 52.6 to the California Civil Code. Section 52.6 mandates that specified businesses and other establishments are required to post a human trafficking model notice created by the Attorney General's Office. This notice must include information related to support and services available to human trafficking victims and must be posted in a conspicuous place in full view of the public.

A host of current laws attempt to make resources for these victims available in locations they are most likely to access, including truck stops, health facilities, massage parlors, and transit centers. Existing law also requires rail and bus stations to train their employees in identifying and reporting incidents of human trafficking. The Fair Employment and Housing Act (FEHA) also requires hotel and motel employers to provide at least 20 minutes of training and education regarding human trafficking awareness to their employees. Both federal and state law authorize actions by victims of human trafficking, and sex trafficking in particular.

This bill seeks to address the rising incidence of commercial sex trafficking with a modest requirement for primary ticket sellers to include hotline information for human trafficking victims and a warning that knowingly engaging in commercial trafficking is a felony with a mobile or electronic ticket purchase confirmation. This notice will read:

"If you or someone you know is being forced to engage in commercial sex or labor trafficking, text 233-733 (Be Free) or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services.

It is a felony in California to knowingly engage in commercial trafficking and perpetrators of this offense shall be prosecuted under the law."

An entertainment facility is defined in the bill as meaning a publicly or privately owned place of entertainment with a capacity of over 15,000 people, including, but not limited to, an arena, auditorium, concert hall, live performance venue, museum, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission. The facility does not have to be used exclusively for entertainment events. The term does not apply to an amusement park or fairground.

According to the Author

According to the author, "Human Trafficking is one of the most heinous crimes a person can commit. California has taken bold leadership in recent years to curb this dangerous and illicit business. Victims are often robbed of both personal and economic freedom. AB 1966 is a common-sense measure to ensure that when someone purchases an electronic ticket to an event they receive a notice detailing the resources available to victims, including past, present and future. Knowledge is power and the more outreach that can be done, the more we can hopefully prevent new victims."

Arguments in Support

According to the California District Attorneys Association, "Human trafficking is a global problem, and the criminal enterprise of human trafficking is estimated to gather around $150 billion a year. With California being a global destination for major entertainment events – including hosting the 2027 NFL Super Bowl, the 2028 Summer Olympics, and selected matches of the 2026 FIFA World Cup – this bill would ensure that those who purchase a ticket to any big event in California understand the full consequences of human trafficking while simultaneously providing victims with the resources to seek help.

Arguments in Opposition

None on file.

FISCAL COMMENTS

None. This measure was keyed non-fiscal by the Office of Legislative Counsel.

VOTES:

ASM ARTS, ENTERTAINMENT, SPORTS, AND TOURISM: 6-0-1

YES: Gipson, Wallis, Mike Fong, Lackey, McKinnor, Valencia

ABS, ABST OR NV: Santiago

ASSEMBLY FLOOR: 74-0-6

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Bauer-Kahan, Bonta, Megan Dahle, Jones-Sawyer, Mathis, McCarty

SENATE FLOOR: 36-0-4

YES: Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Allen, Alvarado-Gil, Durazo, Grove

UPDATED

VERSION: June 6, 2024

CONSULTANT: Brian V. Anderson, Jr. / A.,E.,S., & T. / (916) 319-3450 FN: 0003572

 CONSENT  

Bill No: AB 1966

Author: Davies (R)

Amended: 6/6/24 in Senate

Vote: 21

SENATE JUDICIARY COMMITTEE: 11-0, 6/4/24

AYES: Umberg, Wilk, Ashby, Caballero, Durazo, Laird, Niello, Roth, Stern, Wahab, Wiener

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 6/17/24

AYES: Ashby, Nguyen, Alvarado-Gil, Archuleta, Becker, Eggman, Glazer, Menjivar, Niello, Roth, Smallwood-Cuevas, Wilk

NO VOTE RECORDED: Dodd

ASSEMBLY FLOOR: 74-0, 4/8/24 - See last page for vote

SUBJECT: Human trafficking: notice: primary ticket sellers

SOURCE: Author

DIGEST:

This bill requires ticket sellers to electronically include information on resources for human trafficking victims as well as a warning about criminal liability for engaging in such trafficking with all mobile or electronic ticket purchase confirmations.

ANALYSIS:

Existing law:

1. Provides that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of the crime of human trafficking. (Penal Code § 236.1)
2. 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. (Civil (Civ.) Code § 52.6)
3. Requires the notices to include specific language regarding a textline and 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 may be used by these businesses. (Civ. Code § 52.6)
4. Subjects businesses that fail to comply with the notice and training requirements of Section 52.6 of the Civil Code to civil penalties. (Civ. Code § 52.6)
5. Provides that nothing in Civil Code Section 52.6 prevents local governing bodies from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. (Civ. Code § 52.6)
6. Defines “primary contractor” as the person or organization who is responsible for the event for which tickets are being sold. (Business & Professions Code § 22503.5)

This bill:

1. Requires primary ticket sellers, upon the purchase of a mobile or electronic ticket for an event at an entertainment facility, to include the following notice with the ticket purchase confirmation electronically to the buyer:
   • • • 1. “If you or someone you know is being forced to engage in commercial sex or labor trafficking, call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services.

It is a felony in California to knowingly engage in commercial trafficking and perpetrators of this offense shall be prosecuted under the law.”

1. Defines the following terms:
   1. “Entertainment facility” means a publicly or privately owned place of entertainment with a capacity of over 15,000 people, including, but not limited to, an arena, auditorium, concert hall, live performance venue, museum, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission. The facility does not have to be used exclusively for entertainment events. The term does not apply to an amusement park or fairground.
   2. “Primary ticket seller” means a primary contractor as defined in Section 22503.5 of the Business and Professions Code, ticket seller, or agent of the primary contractor or ticket seller that engages in the primary sale of tickets for an event.

Background

Human trafficking is a widespread scourge that is particularly difficult to address in large part because of the isolation of victims and the control imposed by their traffickers. A host of current laws attempt to make available services and resources for these victims in locations they are most likely to access. Section 52.6 of the Civil Code (Section 52.6) requires certain establishments to post notices regarding resources for witnesses to and victims of human trafficking and slavery. That section also requires rail and bus stations to train their employees in identifying and reporting incidents of human trafficking. The Fair Employment and Housing Act (FEHA) also requires hotel and motel employers to provide at least 20 minutes of training and education regarding human trafficking awareness to their employees, as provided. Both federal and state law authorize actions by victims of human trafficking, and sex trafficking in particular.

This bill seeks to address the rising incidence of commercial sex trafficking with a modest requirement for primary ticket sellers to include hotline information for human trafficking victims and a warning that knowingly engaging in commercial trafficking is a felony with a mobile or electronic ticket purchase confirmation.

The bill is author-sponsored. It is supported by several groups, including the California District Attorneys Association. No timely opposition was received.

Comments

1. The troubling prevalence of human trafficking. 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.

The International Labour Organization estimates that approximately 40 million people were victims of some form of human slavery worldwide in 2016.^[1] This includes 24.9 million in forced labor, meaning they were being “forced to work under threat or coercion as domestic workers, on construction sites, in clandestine factories, on farms and fishing boats, in other sectors, and in the sex industry.” Over 70 percent of these victims were women and girls and 1 in four victims were children. In their 2019 Data Report, the U.S. National Human Trafficking Hotline identified over 22,000 victims and survivors and over 4,300 traffickers.^[2]

The U.S. State Department has estimated that the incidence of human trafficking and slavery has only gotten worse during the COVID-19 pandemic:

The economic and social distress generated by the pandemic and related mitigation efforts exacerbated risks for vulnerable and marginalized populations. These included women and children, people affected by travel restrictions and stay-at-home orders, communities in areas of food insecurity, and survivors of trafficking, as well as persons directly and indirectly affected by the disruption of economic activities and reduced livelihood options. Due to school closures, some children lacked access to education, shelter, and/or food. Survivors of trafficking faced an increased risk of potential re-victimization due to financial and emotional hardships during the crisis. ^[3]

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, membership in a marginalized group, natural disasters, or political instability. Human trafficking is often described as a hidden crime as victims rarely come forward to seek help because of language barriers, the severe trauma resulting from these crimes, fear of the traffickers, and/or fear of law enforcement.

1. California’s human trafficking awareness and training law. To increase awareness of human trafficking and provide support to victims, Section 52.6 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. The law requires the notice to state specified content and requires the Department of Justice to post a model notice.

In addition, several laws, SB 970 (Atkins, Chapter 842, Statutes of 2018) and AB 2034 (Kalra, Chapter 812, Statutes of 2018), established training requirements for specified employees. AB 2034 amended Section 52.6, requiring businesses that operate intercity passenger rail or light rail stations or bus stations to train certain employees in recognizing the signs of human trafficking and how to report those signs.

SB 970 added Section 12950.3 to the Government Code, which required such employee trainings at hotels and motels. SB 970 also explicitly stated that it was the intent of the Legislature in enacting the bill “to establish a minimum threshold for human trafficking awareness training and education.”

SB 630 (Stern, Chapter 57, Statutes of 2019) made clear that Section 52.6, and the requirements set out therein, do not prevent local governing bodies from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. It further provides that Section 52.6 does not supersede or preempt a local ordinance, rule, or regulation that duplicates or supplements the requirements Section 52.6 imposes upon businesses and other establishments. The addition of this clause paves the way for local jurisdictions to take more aggressive approaches to combatting the scourge of human trafficking in California.

AB 1661 (Davies, Chapter 106, Statutes of 2022) required businesses that provide hair, nail, electrolysis, and skin care services, and other related businesses or establishments subject to regulation under the Barbering and Cosmetology Act to post the required notice above 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.

1. Another expansion of notice requirements. This bill relies on notices to combat the rapid spread of human trafficking. It requires primary ticket sellers to include a specified notice containing several hotline numbers for human trafficking organizations and a warning about potential criminal liability for human trafficking with a mobile or electronic ticket purchase confirmation.

No specific statistics could be found that such warnings or notices are effective in combatting human trafficking, however, arguably there is no harm in providing links to resources to those that are, or that may know, human trafficking victims.

According to the author:

Human Trafficking is one of the most heinous crimes a person can commit. California has taken bold leadership in recent years to curb this dangerous and illicit business. Victims are often robbed of both personal and economic freedom. AB 1966 is a common-sense measure to ensure that when someone purchases an electronic ticket to an event they receive a notice detailing the resources available to victims, including past, present and future. Knowledge is power and the more outreach that can be done, the more we can hopefully prevent new victims.

The author also points to the connection between major sporting events and human trafficking arrests, “Furthermore, in 2023, in relation to the Super Bowl hosted in Arizona, it was reported that Phoenix law enforcement agencies arrested more than 350 people in connection with human trafficking and sex crimes. 120 of these arrests were for alleged sex buyers. With California set to host major sporting events including the 2027 Super Bowl and the 2028 Summer Olympics, it is never too soon to prepare ourselves with laws in place to protect potential victims.”

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

SUPPORT: (Verified 6/17/24)

California District Attorneys Association
Junior Leagues of California State Public Affairs Committee

Little Hoover Commission

OPPOSITION: (Verified 6/17/24)

None received

ARGUMENTS IN SUPPORT: Writing in support, the California District Attorneys Association argues:

Human trafficking is a global problem and the criminal enterprise of human trafficking is estimated to gather around $150 billion a year. With California being a global destination for major entertainment events—including hosting the 2027 NFL Superbowl, the 2028 Summer Olympics, and selected matches of the 2026 FIFA World Cup—this bill would ensure that those who purchase a ticket to any big event in California understand the full consequences of human trafficking while simultaneously providing victims with the resources to seek help.

ASSEMBLY FLOOR: 74-0, 4/8/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Bauer-Kahan, Bonta, Megan Dahle, Jones-Sawyer, Mathis, McCarty

Prepared by: Christian Kurpiewski / JUD. / (916) 651-4113

6/18/24 10:49:51

**** END ****

1. Global Estimates of Modern Slavery (2017) International Labour Organization, http://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/documents/publication/wcms_575479.pdf. All internet citations are current as of May 22, 2024. ↑

2. 2019 Data Report, U.S. National Human Trafficking Hotline, https://humantraffickinghotline.org/sites/default/files/Polaris-2019-US-National-Human-Trafficking-Hotline-Data-Report.pdf. ↑

3. Trafficking in Persons Report (June 2021) United States Department of State, https://www.state.gov/wp-content/uploads/2021/09/TIPR-GPA-upload-07222021.pdf. ↑

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Angelique Ashby, Chair

2023 - 2024 Regular

Bill No: Hearing Date: June 17, 2024

Subject:

SUMMARY:

Requires primary ticket sellers, upon the purchase of a mobile or electronic ticket for an event at an entertainment facility, to include a notice with the ticket confirmation about human trafficking.

NOTE: This bill was previously heard in the Senate Committee on Judiciary. The bill passed 11-0 on June 4, 2024.

Existing law:

1. Defines a ticket seller as any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event. Clarifies that the following are not a ticket seller subject to various requirements:
2. An officially appointed agent of an air carrier, ocean carrier or motor coach carrier who purchases or sells tickets in conjunction with a tour package accomplished through the primary event promoter or his or her agent by written agreement.
3. Any person who sells six tickets or less to any one single event, provided the tickets are sold off the premises where the event is to take place, including, but not limited to, designated parking areas and points of entry to the event.
4. Any primary contractor (defines as the person or organization responsible for the event for which tickets are being sold) or seller of tickets for the primary contractor operating under a written contract with the primary contractor.
5. Any nonprofit charitable tax-exempt organization selling tickets to an event sponsored by the organization. (Business and Professions Code (BPC) §§ 22503.6, 225034, 22511)
6. Establishes various requirements for ticket sellers, a violation of which constitutes a misdemeanor, including that they:
7. Have a permanent business address from which tickets may only be sold and that the address be included in any advertisement or solicitation, a violation of which constitutes a misdemeanor punishable by imprisonment or a fine not exceeding $2,500 or by both. Provides that a person who engages, has engaged, or proposes to engage in a violation of this specific requirement is liable for a civil penalty not to exceed $2,500 for each violation.
8. Maintain records of ticket sales, deposits, and refunds.
9. Prior to sale, disclose to the purchaser by means of description or a map the location of the seat or seats represented by the ticket or tickets.
10. Make any partial or full deposit received on a future event for which tickets are not available refundable, except for a service charge of not more than 10 percent until tickets for the event are actually available.
11. Disclose that a service charge is imposed by the ticket seller and is added to the actual ticket price by the seller in any advertisement or promotion for any event by the ticket seller.
12. Provide a refund within 30 days for the ticket price of an event which is canceled.
13. Provide a refund, upon request, within 30 days, for the ticket price of an event which is postponed, rescheduled, or replaced with another event at the same date and time
14. Provide a bond of not more $50,000 to provide for any refunds in a local jurisdiction that requires this.
15. Disclose in any advertisement or promotion for any event that a service charge is imposed and added to the actual ticket price. (Business and Professions Code §§ 22500 – 22511)
16. Prohibits a ticket seller from contracting to sell or accepting payment for tickets unless the ticket seller has lawful possession of the ticket; has a contractual right to obtain the ticket; or informs the purchaser the seller does not have possession of the tickets, has no contract to obtain the offered ticket, and may not be able to supply the ticket at the contracted price, as specified. Authorizes a ticket seller to accept a deposit from a prospective purchaser as part of an agreement that the ticket seller will make best efforts to obtain a ticket at a specified price or price range and within a specified time, provided that the ticket seller informs the purchaser orally at the time of the contract or receipt of consideration, whichever is earlier, and in writing within two days, of the terms of the deposit agreement, and includes in the oral and written notice other required disclosures. (BPC § 22502.1)
17. Prohibits a ticket seller from representing that they can deliver or cause to be delivered a ticket at a specific price or within a specific price range and fail to deliver within a reasonable time at or below or within the price and range of prices stated. Specifies that a ticket seller who violated this prohibition and violates 3) above is civilly liable to the ticket purchaser for two times the contracted price of the ticket, in addition to any sum expended in trying to attend the event, and reasonable attorney’s fees and court costs. (BPC §§ 22052.2 and 22052.3)

This bill:

1. Specifies that upon the purchase of a mobile or electronic ticket for an event at an entertainment facility, the primary ticket seller shall include the following notice with the ticket purchase confirmation electronically to the buyer:

“If you or someone you know is being forced to engage in commercial sex or labor trafficking, text 233-733 (Be Free) or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services.

It is a felony in California to knowingly engage in commercial trafficking and perpetrators of this offense shall be prosecuted under the law.”

1. Specifies that an entertainment facility is a publicly or privately owned place of entertainment with a capacity of over 15,000 people, including, but not limited to, an arena, auditorium, concert hall, live performance venue, museum, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission. The facility does not have to be used exclusively for entertainment events. Specifies that an amusement park or fairground is not included.
2. Requires the notice to be provided in English, Spanish, and in one other language that is the most widely spoken language in the county where the entertainment facility is located and for which translation is mandated by the federal Voting Rights Act of 1965.

FISCAL EFFECT:

Unknown. This bill is not keyed fiscal by Legislative Counsel.

COMMENTS:

1. Purpose. The Author is the Sponsor of this bill. According to the Author, “Existing law only capture notices on physical locations. It does not capture digital locations where this type of information may be useful.”
2. Background. Current law 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. The law requires the notice to state specified content and requires the Department of Justice to post a model notice.

In addition, several laws, SB 970 (Atkins, Ch. 842, Stats. 2018) and AB 2034 (Kalra, Ch. 812, Stats. 2018), established training requirements for specified employees to recognize the signs of human trafficking and how to report those signs.

1. Arguments in Support. The California District Attorneys Association notes that “Human trafficking is a global problem, and the criminal enterprise of human trafficking is estimated to gather around $150 billion a year. With California being a global destination for major entertainment events—including hosting the 2027 NFL Superbowl, the 2028 Summer Olympics, and selected matches of the 2026 FIFA World Cup—this bill would ensure that those who purchase a ticket to any big event in California understand the full consequences of human trafficking while simultaneously providing victims with the resources to seek help.

The Little Hoover Commission notes that “In its 2020 report, Labor Trafficking: Strategies to Uncover this Hidden Crime, the Commission found that detecting labor trafficking is particularly daunting, as few understand the nature of the crime and to the unsuspecting observer, the work itself may appear legitimate. Increasing public awareness of trafficking crimes may help with both victim identification and crime prevention. However, labor trafficking is often neglected in human trafficking public awareness campaigns. The Commission recommended that California conduct public education and outreach campaigns to increase awareness of all forms of human trafficking.”

SUPPORT AND OPPOSITION:

Support:

California District Attorneys Association

Little Hoover Commission

Opposition:

None received

-- END --

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: AB 1966 (Author:Davies)

Version: January 30, 2024

Hearing Date: June 4, 2024

Fiscal: No

Urgency: No

Consultant: CK

SUBJECT

Human trafficking: notice: primary ticket sellers

DIGEST

This bill requires ticket sellers to electronically include information on resources for human trafficking victims as well as a warning about criminal liability for engaging in such trafficking with all mobile or electronic ticket purchase confirmations.

EXECUTIVE SUMMARY

Human trafficking is a widespread scourge that is particularly difficult to address in large part because of the isolation of victims and the control imposed by their traffickers. A host of current laws attempt to make available services and resources for these victims in locations they are most likely to access. Section 52.6 of the Civil Code (Section 52.6) requires certain establishments to post notices regarding resources for witnesses to and victims of human trafficking and slavery. That section also requires rail and bus stations to train their employees in identifying and reporting incidents of human trafficking. The Fair Employment and Housing Act (FEHA) also requires hotel and motel employers to provide at least 20 minutes of training and education regarding human trafficking awareness to their employees, as provided. Both federal and state law authorize actions by victims of human trafficking, and sex trafficking in particular.

This bill seeks to address the rising incidence of commercial sex trafficking with a modest requirement for primary ticket sellers to include hotline information for human trafficking victims and a warning that knowingly engaging in commercial trafficking is a felony with a mobile or electronic ticket purchase confirmation.

The bill is author-sponsored. It is supported by the California District Attorneys Association and the Little Hoover Commission. No timely opposition was received by the Committee. Should this bill pass this Committee it will then go to the Senate Business, Professions and Economic Development Committee.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Provides that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of the crime of human trafficking. (Pen. Code § 236.1.)
2. 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. (Civ. Code § 52.6.)
3. Requires the notices to include specific language regarding a textline and 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 may be used by these businesses. (Civ. Code § 52.6.)
4. Subjects businesses that fail to comply with the notice and training requirements of Section 52.6 of the Civil Code to civil penalties. (Civ. Code § 52.6.)
5. Provides that nothing in Civil Code Section 52.6 prevents local governing bodies from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. (Civ. Code § 52.6.)
6. Defines “primary contractor” as the person or organization who is responsible for the event for which tickets are being sold. (Bus. & Prof. Code § 22503.5.)

This bill:

1. Requires primary ticket sellers, upon the purchase of a mobile or electronic ticket for an event at an entertainment facility, to include the following notice with the ticket purchase confirmation electronically to the buyer:

“If you or someone you know is being forced to engage in commercial sex or labor trafficking, call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services.

It is a felony in California to knowingly engage in commercial trafficking and perpetrators of this offense shall be prosecuted under the law.”

1. Defines the following terms:
   1. “Entertainment facility” means a publicly or privately owned place of entertainment with a capacity of over 15,000 people, including, but not limited to, an arena, auditorium, concert hall, live performance venue, museum, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission. The facility does not have to be used exclusively for entertainment events. The term does not apply to an amusement park or fairground.
   2. “Primary ticket seller” means a primary contractor as defined in Section 22503.5 of the Business and Professions Code, ticket seller, or agent of the primary contractor or ticket seller that engages in the primary sale of tickets for an event.

COMMENTS

The troubling prevalence of human trafficking

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.

The International Labour Organization estimates that approximately 40 million people were victims of some form of human slavery worldwide in 2016.^[1] This includes 24.9 million in forced labor, meaning they were being “forced to work under threat or coercion as domestic workers, on construction sites, in clandestine factories, on farms and fishing boats, in other sectors, and in the sex industry.” Over 70 percent of these victims were women and girls and 1 in four victims were children. In their 2019 Data Report, the U.S. National Human Trafficking Hotline identified over 22,000 victims and survivors and over 4,300 traffickers.^[2]

The U.S. State Department has estimated that the incidence of human trafficking and slavery has only gotten worse during the COVID-19 pandemic:

The economic and social distress generated by the pandemic and related mitigation efforts exacerbated risks for vulnerable and marginalized populations. These included women and children, people affected by travel restrictions and stay-at-home orders, communities in areas of food insecurity, and survivors of trafficking, as well as persons directly and indirectly affected by the disruption of economic activities and reduced livelihood options. Due to school closures, some children lacked access to education, shelter, and/or food. Survivors of trafficking faced an increased risk of potential re-victimization due to financial and emotional hardships during the crisis. ^[3]

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, membership in a marginalized group, natural disasters, or political instability. Human trafficking is often described as a hidden crime as victims rarely come forward to seek help because of language barriers, the severe trauma resulting from these crimes, fear of the traffickers, and/or fear of law enforcement.

California’s human trafficking awareness and training law

To increase awareness of human trafficking and provide support to victims, Section 52.6 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. The law requires the notice to state specified content and requires the Department of Justice to post a model notice.

In addition, several laws, SB 970 (Atkins, Ch. 842, Stats. 2018) and AB 2034 (Kalra, Ch. 812, Stats. 2018), established training requirements for specified employees. AB 2034 amended Section 52.6, requiring businesses that operate intercity passenger rail or light rail stations or bus stations to train certain employees in recognizing the signs of human trafficking and how to report those signs.

SB 970 added Section 12950.3 to the Government Code, which required such employee trainings at hotels and motels. SB 970 also explicitly stated that it was the intent of the Legislature in enacting the bill “to establish a minimum threshold for human trafficking awareness training and education.”

SB 630 (Stern, Ch. 57, Stats. 2019) made clear that Section 52.6, and the requirements set out therein, do not prevent local governing bodies from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. It further provides that Section 52.6 does not supersede or preempt a local ordinance, rule, or regulation that duplicates or supplements the requirements Section 52.6 imposes upon businesses and other establishments. The addition of this clause paves the way for local jurisdictions to take more aggressive approaches to combatting the scourge of human trafficking in California.

AB 1661 (Davies, Ch. 106, Stats. 2022) required businesses that provide hair, nail, electrolysis, and skin care services, and other related businesses or establishments subject to regulation under the Barbering and Cosmetology Act to post the required notice above 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.

Another expansion of notice requirements

This bill again relies on notices to combat the rapid spread of human trafficking. It requires primary ticket sellers to include a specified notice containing several hotline numbers for human trafficking organizations and a warning about potential criminal liability for human trafficking with a mobile or electronic ticket purchase confirmation.

No specific statistics could be found that such warnings or notices are effective in combatting human trafficking, however, arguably there is no harm in providing links to resources to those that are, or that may know, human trafficking victims.

According to the author:

Human Trafficking is one of the most heinous crimes a person can commit. California has taken bold leadership in recent years to curb this dangerous and illicit business. Victims are often robbed of both personal and economic freedom. AB 1966 is a common-sense measure to ensure that when someone purchases an electronic ticket to an event they receive a notice detailing the resources available to victims, including past, present and future. Knowledge is power and the more outreach that can be done, the more we can hopefully prevent new victims.

The author also points to the connection between major sporting events and human trafficking arrests:

Furthermore, in 2023, in relation to the Super Bowl hosted in Arizona, it was reported that Phoenix law enforcement agencies arrested more than 350 people in connection with human trafficking and sex crimes. 120 of these arrests were for alleged sex buyers. With California set to host major sporting events including the 2027 Super Bowl and the 2028 Summer Olympics, it is never too soon to prepare ourselves with laws in place to protect potential victims.

The Little Hoover Commission explains its support of the bill:

In its 2020 report, Labor Trafficking: Strategies to Uncover this Hidden Crime, the Commission found that detecting labor trafficking is particularly daunting, as few understand the nature of the crime and to the unsuspecting observer, the work itself may appear legitimate. Increasing public awareness of trafficking crimes may help with both victim identification and crime prevention. However, labor trafficking is often neglected in human trafficking public awareness campaigns. The Commission recommended that California conduct public education and outreach campaigns to increase awareness of all forms of human trafficking.

AB 1966 would further the goals of this recommendation. For this reason, the Little Hoover Commission supports this bill.

Writing in support, the California District Attorneys Association argues:

Human trafficking is a global problem and the criminal enterprise of human trafficking is estimated to gather around $150 billion a year. With California being a global destination for major entertainment events—including hosting the 2027 NFL Superbowl, the 2028 Summer Olympics, and selected matches of the 2026 FIFA World Cup—this bill would ensure that those who purchase a ticket to any big event in California understand the full consequences of human trafficking while simultaneously providing victims with the resources to seek help.

SUPPORT

California District Attorneys Association

Little Hoover Commission

OPPOSITION

None received

RELATED LEGISLATION

Pending Legislation: SB 963 (Ashby, 2024) requires general acute care hospitals with an emergency department to adopt policies and procedures to facilitate identification of victims of human trafficking or domestic violence, as provided, and to collect demographic data. SB 963 is currently pending referral in the Assembly.

Prior Legislation:

AB 1661 (Davies, Ch. 106, Stats. 2022) See Comment 2.

AB 1788 (Cunningham, Ch. 760, Stats. 2022) established a cause of action against hotels for failing to report known sexual trafficking within the hotel, as specified, or where an employee benefits from sexual trafficking activity within the hotel, as specified.

SB 630 (Stern, Ch. 57, Stats. 2019) See Comment 2.

SB 970 (Atkins, Ch. 842, Stats. 2018) See Comment 2.

AB 2034 (Kalra, Ch. 812, Stats. 2018) See Comment 2.

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) included hotels, motels, and other lodging establishments among the businesses that must post signage regarding reporting human trafficking.

AB 1227 (Bonta, Ch. 558, Stats. 2017) required human trafficking prevention education in schools.

SB 1193 (Steinberg, Ch. 515, Stats. 2012) added Section 52.6 to the Civil Code.

PRIOR VOTES:

Assembly Floor (Ayes 74, Noes 0)

Assembly Arts, Entertainment, Sports, and Tourism Committee (Ayes 6, Noes 0)

**************

1. Global Estimates of Modern Slavery (2017) International Labour Organization, http://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/documents/publication/wcms_575479.pdf. All internet citations are current as of May 22, 2024. ↑

2. 2019 Data Report, U.S. National Human Trafficking Hotline, https://humantraffickinghotline.org/sites/default/files/Polaris-2019-US-National-Human-Trafficking-Hotline-Data-Report.pdf. ↑

3. Trafficking in Persons Report (June 2021) United States Department of State, https://www.state.gov/wp-content/uploads/2021/09/TIPR-GPA-upload-07222021.pdf. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 1966

Author:(Davies)

As Introduced Ver:January 30, 2024

Majority vote

SUMMARY

Requires primary ticket sellers to add notices relating to commercial sex and labor trafficking to electronic confirmations when a mobile or electronic ticket to an event at entertainment facility is purchased.

Major Provisions

1. Defines "entertainment facility" as a publicly or privately owned place of entertainment with a capacity of over 15,000 people, including, but not limited to, an arena, auditorium, concert hall, live performance venue, museum, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission. The facility does not have to be used exclusively for entertainment events. The term does not apply to an amusement park or fairground.
2. Defines "primary ticket seller" as a primary contractor as defined in Section 22503.5 of the Business and Professions Code (BPC), ticket seller, or agent of the primary contractor or ticket seller that engages in the primary sale of tickets for an event.
3. Requires primary ticket sellers, upon the purchase of a mobile or electronic ticket for an event at an entertainment facility, to include the following notice with ticket purchase confirmations sent electronically to the buyer:

"If you or someone you know is being forced to engage in commercial sex or labor trafficking, call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services.

It is a felony in California to knowingly engage in commercial trafficking and perpetrators of this offense shall be prosecuted under the law."

COMMENTS

Background. This bill expands the state's attempts to curb human trafficking by requiring primary ticket sellers to include information about commercial sex and labor trafficking on electronic confirmations sent to the purchasers of mobile or electronic tickets to events at entertainment facilities, as defined. Specifically, the electronic confirmation, typically sent as an e-mail after the purchase of a ticket is complete, would include the phone numbers for the National Human Trafficking Hotline and the California Coalition to Abolish Slavery and Trafficking (CAST). It would also include a notice stating that knowingly engaging in commercial trafficking is a felony, and that perpetrators of this offense will be prosecuted under the law.

On the state Attorney General's website, human trafficking is identified as being among the world's fastest growing criminal enterprises.^[1] It is estimated to be a $150 billion-a-year global industry, and is a form of modern day slavery that profits from the exploitation of our most vulnerable populations. One common misperception is that human trafficking requires movement across borders. In reality, it involves controlling a person or group through force, fraud, or coercion to exploit the victims for forced labor, sexual exploitation, or both. This can occur entirely within a single country or it can cross borders.

The International Labor Organization estimates that there are more than 24.9 million human trafficking victims worldwide at any time. This includes 16 million victims of labor exploitation, 4.8 million victims of sexual exploitation, and 4.1 million victims of state imposed forced labor. The victims of human trafficking are often young girls and women. Young girls and women are 57.6% of forced labor victims and 99.4% of sex trafficking victims. However, it is important to note that not all sex trafficking happens to women and girls. Boys, men and transgender individuals are also trafficked and are often overlooked as potential victims.

In 2013, the State enacted SB 1193 (Steinberg), which added Section 52.6 to the California Civil Code. Section 52.6 mandates that specified businesses and other establishments are required to post a human trafficking model notice created by the Attorney General's Office. This model notice must include information related to support and services available to human trafficking victims and be posted in a conspicuous place in full view of the public. Numerous bills have expanded section 52.6 to include hotels, motels, pediatric services, and more.

A focus on entertainment and ticketed events. Although there is no definitive data that correlates increases in labor and sex trafficking to major events such as the Super Bowl, it is recognized that these events can serve as a way to increase public outreach and awareness of human trafficking.^[2] With many professional sports teams, stadiums, and concert venues located in California, and with the 2026 FIFA World Cup, the 2027 Super Bowl, and the 2028 Summer Olympic and Paralympic Games coming to the state as well, notices attached to the confirmation e-mails for tickets purchased for these types of events will provide useful tools and information to attendees about resources available to report suspected trafficking incidents.

The two hotlines identified on this bill, as well as on previous legislation related to human trafficking, are the National Human Trafficking Hotline and Coalition to Abolish Slavery and Trafficking (CAST). In 2021, the Human Trafficking Hotline received 51,073 signals, meaning phone calls, texts, online chats, emails, and online tip reports. Those signals included 13,277 from victims or survivors of human trafficking. Since the hotline's inception, they have received 399,494 signals, identified 82,301 cases of human trafficking, and identified 164,839 victims in those cases.^[3] According to CAST's 2023 impact report, the organization received 1,751 hotline calls, and provided services to 1,273 survivors and their families.^[4]

According to the Author

"Human Trafficking is one of the most heinous crimes a person can commit. California has taken bold leadership in recent years to curb this dangerous and illicit business. Victims are often robbed of both personal and economic freedom. [This bill]is a common-sense measure to ensure that when someone purchases an electronic ticket to an event they receive a notice detailing the resources available to victims, including past, present and future. Knowledge is power and the more outreach that can be done, the more we can hopefully prevent new victims."

Arguments in Support

According to the Little Hoover Commission, "In its 2020 report, Labor Trafficking: Strategies to Uncover this Hidden Crime, the Commission found that detecting labor trafficking is particularly daunting, as few understand the nature of the crime and to the unsuspecting observer, the work itself may appear legitimate. Increasing public awareness of trafficking crimes may help with both victim identification and crime prevention. However, labor trafficking is often neglected in human trafficking public awareness campaigns. The Commission recommended that California conduct public education and outreach campaigns to increase awareness of all forms of human trafficking. [This bill]would further the goals of this recommendation. For this reason, the Little Hoover Commission supports this bill."

Arguments in Opposition

None on file.

FISCAL COMMENTS

None. This measure has been keyed non-fiscal by the Legislative Counsel.

VOTES

ASM ARTS, ENTERTAINMENT, SPORTS, AND TOURISM: 6-0-1

YES: Gipson, Wallis, Mike Fong, Lackey, McKinnor, Valencia

ABS, ABST OR NV: Santiago

UPDATED

VERSION: January 30, 2024

CONSULTANT: Brian V. Anderson, Jr. / A.,E.,S., & T. / (916) 319-3450 FN: 0002691

1. https://oag.ca.gov/human-trafficking ↑

2. https://www.ijm.org/news/is-the-super-bowl-the-largest-human-trafficking-event-in-the-world ↑

3. https://humantraffickinghotline.org/en/statistics ↑

4. https://www.castla.org/impact-report-2023/ ↑

Date of Hearing: April 2, 2024

ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, AND TOURISM

Mike Gipson, Chair

ABPCA Bill Id:AB 1966 (

Author:Davies) – As Introduced Ver:January 30, 2024

SUBJECT: Human trafficking: notice: primary ticket sellers

SUMMARY: This bill would require primary ticket sellers to add notices relating to commercial sex and labor trafficking to electronic confirmations when a mobile or electronic ticket to an event at entertainment facility is purchased.

Specifically, this bill:

1. Defines “entertainment facility” as a publicly or privately owned place of entertainment with a capacity of over 15,000 people, including, but not limited to, an arena, auditorium, concert hall, live performance venue, museum, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission. The facility does not have to be used exclusively for entertainment events. The term does not apply to an amusement park or fairground.
2. Defines “primary ticket seller” as a primary contractor as defined in Section 22503.5 of the Business and Professions Code (BPC), ticket seller, or agent of the primary contractor or ticket seller that engages in the primary sale of tickets for an event.
3. Requires primary ticket sellers, upon the purchase of a mobile or electronic ticket for an event at an entertainment facility, to include the following notice with ticket purchase confirmations sent electronically to the buyer:

“If you or someone you know is being forced to engage in commercial sex or labor trafficking, call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services.

It is a felony in California to knowingly engage in commercial trafficking and perpetrators of this offense shall be prosecuted under the law.”

EXISTING LAW:

1. Defines a ticket seller as any person who for compensation, commission, or otherwise sells admission tickets to sporting, musical, theatre, or any other entertainment event. (BPC Division 8, Chapter 21. Ticket Sellers, Section 22503). Clarifies that the following are not ticket sellers subject to the various sections BPC Chapter 21:
2. Any primary contractor or seller of tickets for the primary contractor operating under a written contract with the primary contractor. “Primary contractor” means the person or organization responsible for the event for which tickets are being sold. (BPC 22503.5)
3. An officially appointed agent of an air carrier, ocean carrier or motor coach carrier who purchases or sells tickets in conjunction with a tour package accomplished through the primary event promoter or their agent by written agreement. (BPC 22503.6)
4. Any person who sells six tickets or less to any one single event, provided the tickets are sold off the premises where the event is to take place, including, but not limited to, designated parking areas and points of entry to the event. (BPC 22504)
5. Any nonprofit charitable tax-exempt organization selling tickets to an event sponsored by the organization. (BPC 22511)
6. Establishes, under federal law, the crimes of kidnapping in interstate or foreign commerce, peonage, slavery, involuntary servitude, forced labor, and trafficking in persons, and provides for criminal and civil penalties. (18 U.S.C. Secs. 1201, 1581 – 1597)
7. Recognizes, under the federal Victims of Trafficking and Violence Protection Act of 2000, the prevalence of continued human trafficking domestically and abroad, and delineates various federal actions to combat trafficking, punish perpetrators, and provide services to victims of trafficking. (22 U.S.C. Section 7101 et seq.)
8. Provides that any person who deprives or violates the personal liberty of another with the intent to effect or maintain prostitution, pimping, child pornography, extortion, obscene live conduct, or to obtain forced labor or services is guilty of human trafficking. (Penal Code Section 236.1)
9. Requires the operators of bars, adult or sexually oriented businesses, massage businesses that are not licensed by a central massage licensing authority, specified airports, rail stations, bus stations, truck stops, emergency rooms with general acute care hospitals, urgent care centers, facilities that provide pediatric care, farm labor contractors, privately operated job recruitment centers, roadside rest stops, hotels, motels, bed and breakfast inns, and hair, nail, electrolysis, and skin care and other related businesses or establishments to post a notice publicizing human trafficking resources and requires the notice to be posted 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 (CIV) Section 52.6 (a))
10. Subjects a facility or business required to post a publicizing human trafficking resources to civil penalties for failure to post the notice. (CIV 52.6 (h))

FISCAL EFFECT: None. This measure has been keyed non-fiscal by the Legislative Counsel.

COMMENTS:

1. Author’s statement. According to the author, “Human Trafficking is one of the most heinous crimes a person can commit. California has taken bold leadership in recent years to curb this dangerous and illicit business. Victims are often robbed of both personal and economic freedom. AB 1966 is a common-sense measure to ensure that when someone purchases an electronic ticket to an event they receive a notice detailing the resources available to victims, including past, present and future. Knowledge is power and the more outreach that can be done, the more we can hopefully prevent new victims.”
2. Background. This bill expands the state’s attempts to curb human trafficking by requiring primary ticket sellers to include information about commercial sex and labor trafficking on electronic confirmations sent to the purchasers of mobile or electronic tickets to events at entertainment facilities, as defined. Specifically, the electronic confirmation, typically sent as an e-mail after the purchase of a ticket is complete, would include the phone numbers for the National Human Trafficking Hotline and the California Coalition to Abolish Slavery and Trafficking (CAST). It would also include a notice stating that knowingly engaging in commercial trafficking is a felony, and that perpetrators of this offense will be prosecuted under the law.

On the state Attorney General’s website, human trafficking is identified as being among the world's fastest growing criminal enterprises.^[1] It is estimated to be a $150 billion-a-year global industry, and is a form of modern day slavery that profits from the exploitation of our most vulnerable populations. One common misperception is that human trafficking requires movement across borders. In reality, it involves controlling a person or group through force, fraud, or coercion to exploit the victims for forced labor, sexual exploitation, or both. This can occur entirely within a single country or it can cross borders.

The International Labor Organization estimates that there are more than 24.9 million human trafficking victims worldwide at any time. This includes 16 million victims of labor exploitation, 4.8 million victims of sexual exploitation, and 4.1 million victims of state imposed forced labor. The victims of human trafficking are often young girls and women. Young girls and women are 57.6% of forced labor victims and 99.4% of sex trafficking victims. However, it is important to note that not all sex trafficking happens to women and girls. Boys, men and transgender individuals are also trafficked and are often overlooked as potential victims.

In 2013, the State enacted Senate Bill 1193 (Steinberg), which added Section 52.6 to the California Civil Code. Section 52.6 mandates that specified businesses and other establishments are required to post a human trafficking model notice created by the Attorney General's Office. This model notice must include information related to support and services available to human trafficking victims and be posted in a conspicuous place in full view of the public. Numerous bills have expanded on section 52.6, as seen in the Prior and Related Legislation below.

1. A focus on entertainment and ticketed events. Although there is no definitive data that correlates increases in labor and sex trafficking to major events such as the Super Bowl, it is recognized that these events can serve as a way to increase public outreach and awareness of human trafficking.^[2] With many professional sports teams, stadiums, and concert venues located in California, and with the 2026 FIFA World Cup, the 2027 Super Bowl, and the 2028 Summer Olympic and Paralympic Games coming to the state as well, notices attached to the confirmation e-mails for tickets purchased for these types of events will provide useful tools and information to attendees about resources available to report suspected trafficking incidents.

The two hotlines identified on this bill as well as previous legislation related to human trafficking are the National Human Trafficking Hotline and Coalition to Abolish Slavery and Trafficking (CAST). In 2021, the Human Trafficking Hotline received 51,073 signals, meaning phone calls, texts, online chats, emails, and online tip reports. Those signals included 13,277 from victims or survivors of human trafficking. Since the hotline’s inception, they have received 399,494 signals, identified 82,301 cases of human trafficking, and identified 164,839 victims in those cases.^[3] According to CAST’s 2023 impact report, the organization received 1,751 hotline calls, and provided services to 1,273 survivors and their families.^[4]

1. Arguments in support. According to the Little Hoover Commission in support, “In its 2020 report, Labor Trafficking: Strategies to Uncover this Hidden Crime, the Commission found that detecting labor trafficking is particularly daunting, as few understand the nature of the crime and to the unsuspecting observer, the work itself may appear legitimate. Increasing public awareness of trafficking crimes may help with both victim identification and crime prevention. However, labor trafficking is often neglected in human trafficking public awareness campaigns. The Commission recommended that California conduct public education and outreach campaigns to increase awareness of all forms of human trafficking. AB 1966 would further the goals of this recommendation. For this reason, the Little Hoover Commission supports this bill.”
2. Policy considerations. This bill only applies to primary ticket sellers, and therefore the notice related to commercial sex or labor trafficking would only be included on the confirmation for the initial sale of a ticket. As this bill moves forward, the author may wish to include tickets sold on the secondary ticket market as well, in order to ensure that the consumer whom ultimately attends the event for which the ticket was purchased receives the appropriate notice and information included in this bill.
3. Prior and related legislation.
   1. AB 1740 (Sanchez), Chapter 104, Statutes of 2023, required facilities providing pediatric services, defined as a medical facility that provides medical services rendered by any licensed physician to persons from birth to 21 years of age, including attendance at labor and delivery, to post a notice publicizing human trafficking resources in a conspicuous place near the public entrance of an establishment
   2. AB 1788 (Cunningham), Chapter 760, Statutes of 2022, created civil penalties for hotels for instances of human trafficking that specified employees knew of, recklessly disregarded, or knowingly benefitted from and failed to report to either law enforcement or an appropriate victim services hotline within 24 hours. The bill authorized civil penalties up to $5,000 for violations.
   3. AB 1661 (Davies), Chapter 106, Statutes if 2022, required hair, nail, electrolysis, and skin care, and other related businesses or establishments subject to regulation pursuant to the Barbering and Cosmetology Act to post a notice in the establishment containing specified information about resources available to survivors of slavery and human trafficking.
   4. AB 2318 (Boerner Horvath) from 2020 would have added short-term rentals to the list of businesses and establishments required to post human trafficking notices. Due to bill limits imposed by the onset of the COVID-19 pandemic, this bill was held in Assembly Judiciary.
   5. AB 260 (Santiago), Chapter 547, Statutes of 2017, included hotels, motels, and bed and breakfast inns in the list of establishments required to post human trafficking notices.
   6. SB 1193 (Steinberg), Chapter 515, Statutes of 2012, required specified businesses most often connected with human trafficking to post informational signs at the business entrance or in other areas visible to employees and the public. These signs, posted in English, Spanish, and any other language widely spoken in the county, identify trafficking, state its illegality, and that victims are protected under U.S. law. Each sign provides two toll-free, anonymous hotline numbers for victims or members of the public to call to seek help or report unlawful or suspicious activity.

REGISTERED SUPPORT / OPPOSITION:

Support

California District Attorneys Association

Little Hoover Commission

Opposition

None on file.

Analysis Prepared by: Brian V. Anderson, Jr. / A.,E.,S., & T. / (916) 319-3450

1. https://oag.ca.gov/human-trafficking ↑

2. https://www.ijm.org/news/is-the-super-bowl-the-largest-human-trafficking-event-in-the-world ↑

3. https://humantraffickinghotline.org/en/statistics ↑

4. https://www.castla.org/impact-report-2023/ ↑