Bill Text: CA AB1942 | 2015-2016 | Regular Session | Amended
Bill Title: Human trafficking recognition and reporting: training: hotels and motels.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB1942 Detail]
Download: California-2015-AB1942-Amended.html
BILL NUMBER: AB 1942 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2016
INTRODUCED BY Assembly Member Cristina Garcia
FEBRUARY 12, 2016
An act to add Section 2810.7 to the Labor Code, relating
to employment. amend Section 52.6 of the Civil Code,
relating to human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
AB 1942, as amended, Cristina Garcia. Employment: human
Human trafficking recognition and
reporting: training: hotels and motels.
Existing law establishes the Division of Labor Standards
Enforcement in the Department of Industrial Relations for the
enforcement of labor laws, and establishes certain obligations on an
employer, including requiring an employer to post specified wage and
hour information in a location where it can be viewed by employees.
requires certain business establishments to post a
notice in a conspicuous place, as specified, regarding human
trafficking. Existing law prescribes a civil penalty for a failure to
comply with these requirements of $500 for a first offense and
$1,000 for each subsequent offense. Under existing law, any
person who deprives or violates the personal liberty of another with
the intent to obtain forced labor or services is guilty of the crime
of human trafficking.
This bill would require a hotel or motel that provides lodging
services in the state to train its employees,
employees who are likely to interact or come into contact with
victims of human trafficking, trafficking
in recognizing the signs of human trafficking and how to report
those signs to the appropriate law enforcement agency, as specified.
The bill would require that, by January 1, 2018, the training be
incorporated into the initial training process for all new employees
and that all existing employees who do not
receive an initial training also receive the training. The
bill would require the Department of Justice to, by July 1, 2017,
develop guidelines for the training and to post them on its Internet
Web site. The bill would define an offense in this context, with
regard to the civil penalty provisions described above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52.6 of the Civil
Code is amended to read:
52.6. (a) Each of the following businesses and other
establishments shall, upon the availability of the model notice
described in subdivision (d), post a notice that complies with the
requirements of this section 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) On-sale general public premises licensees under the Alcoholic
Beverage Control Act (Division 9 (commencing with Section 23000) of
the Business and Professions Code).
(2) Adult or sexually oriented businesses, as defined in
subdivision (a) of Section 318.5 of the Penal Code.
(3) Primary airports, as defined in Section 47102(16) of Title 49
of the United States Code.
(4) Intercity passenger rail or light rail stations.
(5) Bus stations.
(6) Truck stops. For purposes of this section, "truck stop" means
a privately owned and operated facility that provides food, fuel,
shower or other sanitary facilities, and lawful overnight truck
parking.
(7) Emergency rooms within general acute care hospitals.
(8) Urgent care centers.
(9) Farm labor contractors, as defined in subdivision (b) of
Section 1682 of the Labor Code.
(10) Privately operated job recruitment centers.
(11) Roadside rest areas.
(12) Businesses or establishments that offer massage or bodywork
services for compensation and are not described in paragraph (1) of
subdivision (b) of Section 4612 of the Business and Professions Code.
(b) The notice to be posted pursuant to subdivision (a) shall be
at least eight and one-half inches by 11 inches in size, written in a
16-point font, and shall state the following:
""If you or someone you know is being forced to
engage in any activity and cannot leave--whether
it is commercial sex, housework, farm work,
construction, factory, retail, or
restaurant work, or any other activity--call the
National Human Trafficking Resource Center at 1-
888-373-7888 or the California Coalition to
Abolish Slavery and Trafficking (CAST) at 1-888-
KEY-2-FRE(EDOM) or 1-888-539-2373 to access help
and services.
Victims of slavery and human trafficking are
protected under United States and California law.
The hotlines are:
b7 Available 24 hours a day, 7 days a week.
b7 Toll-free.
b7 Operated by nonprofit, nongovernmental
organizations.
b7 Anonymous and confidential.
b7 Accessible in more than 160 languages.
b7 Able to provide help, referral to services,
training, and general information.''
(c) The notice to be posted pursuant to subdivision (a) shall be
printed in English, Spanish, and in one other language that is the
most widely spoken language in the county where the establishment is
located and for which translation is mandated by the federal Voting
Rights Act (42 U.S.C. Sec. 1973 et seq.), as applicable. This section
does not require a business or other establishment in a county where
a language other than English or Spanish is the most widely spoken
language to print the notice in more than one language in addition to
English and Spanish.
(d) On or before April 1, 2013, the Department of Justice shall
develop a model notice that complies with the requirements of this
section and make the model notice available for download on the
department's Internet Web site.
(e) A business or establishment that fails to comply with the
requirements of this section is liable for a civil penalty of five
hundred dollars ($500) for a first offense and one thousand dollars
($1,000) for each subsequent offense. A government entity identified
in Section 17204 of the Business and Professions Code may bring an
action to impose a civil penalty pursuant to this subdivision against
a business or establishment if a local or state agency with
authority to regulate that business or establishment has satisfied
both of the following:
(1) Provided the business or establishment with reasonable notice
of noncompliance, which informs the business or establishment that it
is subject to a civil penalty if it does not correct the violation
within 30 days from the date the notice is sent to the business or
establishment.
(2) Verified that the violation was not corrected within the
30-day period described in paragraph (1).
(f) (1) A hotel or motel that provides lodging services in the
state shall train its employees who are likely to interact or come
into contact with victims of human trafficking in recognizing the
signs of human trafficking and how to report those signs to the
appropriate law enforcement agency. The training shall follow the
Department of Justice guidelines established pursuant to paragraph
(2).
(2) By July 1, 2017, the Department of Justice shall develop
guidelines for training employees to be used by a hotel or motel
described in paragraph (1) and shall post them on its Internet Web
site. The guidelines shall include, but are not limited to, all of
the following:
(A) An overview of human trafficking, including the experience of
its victims, how and why it takes place in the hospitality industry,
and how it is defined under state and federal law.
(B) How to identify signs of human trafficking.
(C) How to report signs and incidences of human trafficking.
(D) The risks human trafficking can pose to the hotel or motel.
(3) By January 1, 2018, the training required by paragraph (1):
(A) Shall be incorporated into the initial training process for
all new employees who are likely to interact or come into contact
with victims of human trafficking.
(B) Shall be given to all employees who did not receive an initial
training required by subparagraph (A) and who are likely to interact
or come into contact with victims of human trafficking.
(4) For the purposes of the training requirements of this
subdivision, "offense" means each incident identified in the notice
of noncompliance issued to an employer or business by a government
entity without reference to any particular number of employees
involved.
SECTION 1. Section 2810.7 is added to the Labor
Code, to read:
2810.7. (a) A hotel or motel that provides lodging services in
the state shall 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.
(b) The training shall include, but not be limited to, all of the
following:
(1) An overview of human trafficking, including the experience of
its victims, how and why it takes place in the hospitality industry,
and how it is defined under state and federal law.
(2) How to identify signs of human trafficking.
(3) How to report signs and incidences of human trafficking.
(4) The risks human trafficking can pose to the hotel or motel.
(c) By January 1, 2018, the training required by this section
shall be incorporated into the initial training process for all new
employees who are likely to interact or come into contact with
victims of human trafficking.
(d) By January 1, 2018, the training required by this section
shall be given to all existing employees who are likely to interact
or come into contact with victims of human trafficking.
