Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Labor Committee

HB 1651

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning definitions related to human trafficking.

Sponsors: Representatives Ryu, Goodman, Rodne, Griffey, Van Werven, Wylie, Moscoso, Ormsby and Santos.

Brief Summary of Bill

  • Defines "human trafficking" and other terms for purposes of disclosures to foreign workers.

Hearing Date: 2/16/15

Staff: Joan Elgee (786-7106).

Background:

Legislation enacted in 2009 and 2010 requires domestic employers of foreign workers and international labor recruitment agencies to provide disclosure statements to foreign workers referred to or hired by a Washington employer. The disclosure statement is not required in certain circumstances.

The disclosure statement must:

The Department of Labor and Industries (Department) has authority to and has posted a model disclosure form on its website. The Department must also integrate information on assisting human trafficking victims in posters and brochures, which must include the toll-free number of National Human Trafficking Resource Center.

An employer or agency that fails to provide the disclosure statement is civilly liable to the foreign worker.

"Domestic employers of foreign workers" are persons residing in the state who recruit or employ a foreign worker to perform work in the state. International labor recruitment agencies are entities that do business in the United States and offer employment referral services involving foreign workers by acting as intermediaries between employers and foreign workers. Foreign workers are persons who come to the state based on an offer of employment and hold a nonimmigrant visa for temporary employment.

Summary of Bill:

Definitions are added for purposes of human trafficking provisions. "Work" or "service" means all types of work, whether or not legal. "Human trafficking" or "trafficking" is an act conducted for the purposes of exploitation, including forced labor, by particular means, for example threat of use of force of other forms of coercion, abduction, fraud or deception, abuse of power, or abuse of position of vulnerability. "Forced labor" means all work or service which is exacted from any person under the menace of any penalty and is not voluntary. "Menace of any penalty" means all forms of criminal sanctions and other forms of coercion, including threats, violence, retention of identity documents, confinement, nonpayment or illegal deduction of wages, or debt bondage.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.