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AB-260 Human trafficking.(2017-2018)

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Date Published: 07/05/2017 09:00 PM
AB260:v97#DOCUMENT

Amended  IN  Senate  July 05, 2017
Amended  IN  Assembly  March 16, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 260


Introduced by Assembly Member Santiago
(Principal coauthor: Senator Stern)
(Coauthors: Assembly Members Voepel and Waldron)

January 31, 2017


An act to amend Section 52.6 of the Civil Code, relating to human trafficking.


LEGISLATIVE COUNSEL'S DIGEST


AB 260, as amended, Santiago. Human trafficking.
Existing law requires specified businesses and other establishments to post a notice, as specified, that contains information related to slavery and human trafficking, including information related to specified nonprofit organizations that provide services in support of the elimination of slavery and human trafficking. Existing law makes a violation of this requirement punishable by a civil penalty.
This bill would additionally require hotels, motels, and bed and breakfasts inns, and other similar transient lodging establishments, other than breakfast inns, as defined, not including personal residences, to post the notice relating to slavery and human trafficking, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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.
(13) Hotels, motels, and bed and breakfasts inns, and other similar lodging establishments, other than breakfast inns, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, not including personal residences.
(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:
·
Available 24 hours a day, 7 days a week.
·
Toll-free.
·
Operated by nonprofit, nongovernmental organizations.
·
Anonymous and confidential.
·
Accessible in more than 160 languages.
·
Able to provide help, referral to services, training, and general information.”
(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).