SB1213: Human Trafficking, Advisory Council on; established, report, sunset provision.


SENATE BILL NO. 1213
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Finance
on February 4, 2015)
(Patron Prior to Substitute--Senator Ebbin)
A BILL to amend the Code of Virginia by adding in Chapter 26 of Title 2.2 an article numbered 36, consisting of sections numbered 2.2-2699.8 and 2.2-2699.9, relating to the Advisory Council on the Prevention of Human Trafficking.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 26 of Title 2.2 an article numbered 36, consisting of sections numbered 2.2-2699.8 and 2.2-2699.9, as follows:

Article 36.
Advisory Council on the Prevention of Human Trafficking.

§ 2.2-2699.8. Advisory Council on the Prevention of Human Trafficking; purpose.

A. The Advisory Council on the Prevention of Human Trafficking (the Council) is established as an advisory council, within the meaning of § 2.2-2100, in the executive branch of state government. The purposes of the Council are to study human trafficking in the Commonwealth and to provide recommendations for the prevention of human trafficking and for services to victims of human trafficking and to develop effective strategies to combat human trafficking.

B. The Council shall have a total membership of 19 members that shall consist of eight legislative members, five nonlegislative citizen members, and six ex officio members. Members shall be appointed as follows: three members of the Senate, to be appointed by the Senate Committee on Rules; five members of the House of Delegates, to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; five nonlegislative citizen members to be appointed by the Governor upon consideration of the recommendations of the Virginia Sheriffs' Association, a national organization that monitors issues related to human trafficking, the Virginia Association of Chiefs of Police, the Virginia Association of Commonwealth's Attorneys, and an organization in Virginia that provides services to victims of violence and human trafficking. The Attorney General of Virginia, the Secretary of Public Safety and Homeland Security, the Commissioner of Labor and Industry, the Commissioner of Health, the Commissioner of Social Services, and the Superintendent of State Police, or their designees, shall serve ex officio with nonvoting privileges. Nonlegislative citizen members of the Council shall be citizens of the Commonwealth. Legislative members and ex officio members of the Council shall serve terms coincident with their terms of office. Nonlegislative citizen members shall be appointed for a term of two years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.

C. Legislative members shall receive such compensation as provided in § 30-19.12. Nonlegislative members shall serve without compensation. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825.

D. The Council shall elect a chairman and vice-chairman from among its membership, who shall be members of the General Assembly.

E. Staff to the Council shall be provided by the Department of Criminal Justice Services.

§ 2.2-2699.9. Powers and duties of the Council.

The Council shall have the following powers and duties:

1. Address all aspects of human trafficking, including the recruitment, abduction, transport, harboring, transfer, sale, or receipt of persons, whether United States citizens or foreign nationals, within and across state borders by any conveyance for the purpose of enslaving persons or subjecting them to slavery-like conditions.

2. Develop and coordinate the implementation of a State Plan for the Prevention of Human Trafficking throughout the Commonwealth.

3. Work with state, local, and federal agencies and through other existing mechanisms to (i) enhance the collection and sharing of data among government agencies pertaining to human trafficking, (ii) identify individuals and organizations engaged in human trafficking, and (iii) ensure that such data collection facilitates the confidentiality of information and protects the privacy of victims of human trafficking.

4. Recommend policies that will facilitate effective and efficient collaborations between relevant state agencies, the community, business and industry, the education community, and public and private entities to prevent human trafficking and provide assistance to victims who are United States citizens or foreign nationals.

5. Review the existing services and facilities available to meet the needs of victims of human trafficking and recommend ways in which services may be better coordinated, including but not limited to health, mental health, interpretation, legal and immigration, housing, education and job training services, and victim compensation.

6. Evaluate various approaches used by state and local governments to provide public awareness of the problem of human trafficking and make recommendations regarding ways to heighten public awareness of the problem and its social and economic impact in the Commonwealth.

7. Enlist the cooperation and assistance of academicians with expertise in the field of human trafficking.

8. Enlist the cooperation and assistance of state, local, and federal agencies, community organizations, business and industry, the education community, and public and private entities that monitor human trafficking issues, enforce prevention and violation initiatives, or provide services to victims, children and runaways, and victims of violence.

9. Submit to the General Assembly and the Governor an annual report for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports. The chairman of the Council shall submit to the General Assembly and the Governor an annual executive summary of the interim activity and work of the Council no later than the first day of each regular session of the General Assembly.

2. That the provisions of this act shall expire on July 1, 2018.

3. That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2015 by the General Assembly that becomes law.

SENATE BILL NO. 1213

Offered January 14, 2015
Prefiled January 13, 2015
A BILL to amend the Code of Virginia by adding in Title 30 a chapter numbered 57, consisting of sections numbered 30-359 through 30-365, relating to the Commission on the Prevention of Human Trafficking; report.
Patron-- Ebbin

Referred to Committee on Rules

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 30 a chapter numbered 57, consisting of sections numbered 30-359 through 30-365, as follows:

CHAPTER 57.
COMMISSION ON THE PREVENTION OF HUMAN TRAFFICKING.

§ 30-359. The Commission on the Prevention of Human Trafficking; purpose.

The Commission on the Prevention of Human Trafficking (the Commission) is established in the legislative branch of state government. The purpose of the Commission is to study human trafficking in the Commonwealth and to provide recommendations for the prevention of human trafficking and for services to victims of human trafficking and to develop effective strategies to combat human trafficking.

§ 30-360. Membership; terms; quorum; meetings.

The Commission shall have a total membership of 19 members that shall consist of eight legislative members, five nonlegislative citizen members, and six ex officio members. Members shall be appointed as follows: three members of the Senate, to be appointed by the Senate Committee on Rules; five members of the House of Delegates, to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; two nonlegislative citizen members to be appointed by the Senate Committee on Rules upon consideration of the recommendations of the Virginia Sheriffs' Association and a national organization that monitors issues related to human trafficking; and three nonlegislative citizen members to be appointed by the Speaker of the House of Delegates upon recommendations of the Virginia Association of Chiefs of Police, the Virginia Association of Commonwealth's Attorneys, and an organization in Virginia that provides services to victims of violence and human trafficking,. The Attorney General of Virginia, the Secretary of Public Safety and Homeland Security, the Commissioner of Labor and Industry, the Commissioner of Health, the Commissioner of Social Services, and the Superintendent of State Police, or their designees, shall serve ex officio with nonvoting privileges. Nonlegislative citizen members of the Commission shall be citizens of the Commonwealth. Unless otherwise approved in writing by the chairman of the Commission and the respective Clerk, nonlegislative citizen members shall only be reimbursed for travel originating and ending within the Commonwealth for the purpose of attending meetings.

Legislative members and ex officio members of the Commission shall serve terms coincident with their terms of office.

Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed. Nonlegislative citizen members shall be appointed for a term of two years. No nonlegislative citizen member shall serve more than four consecutive two-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.

The Commission shall elect a chairman and vice-chairman from among its membership, who shall be members of the General Assembly.

§ 30-361. Quorum; meetings; voting on recommendations.

A majority of the members shall constitute a quorum. The meetings of the Commission shall be held at the call of the chairman or whenever the majority of the members so request.

No recommendation of the Commission shall be adopted if a majority of the Senate members or a majority of the House members appointed to the Commission (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the Commission.

§ 30-362. Compensation; expenses.

Legislative members of the Commission shall receive such compensation as provided in § 30-19.12, and nonlegislative citizen members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. However, all such compensation and expenses shall be paid from existing appropriations to the Commission, or, if unfunded, shall be approved by the Joint Rules Committee.

§ 30-363. Powers and duties of the Commission.

The Commission shall have the following powers and duties:

1. Address all aspects of human trafficking, including the recruitment, abduction, transport, harboring, transfer, sale, or receipt of persons, whether United States citizens or foreign nationals, within and across state borders by any conveyance for the purpose of enslaving persons or subjecting them to slavery-like conditions.

2. Develop and coordinate the implementation of a State Plan for the Prevention of Human Trafficking throughout the Commonwealth.

3. Work with state, local, and federal agencies and through other existing mechanisms to (i) enhance the collection and sharing of data among government agencies pertaining to human trafficking, (ii) identify individuals and organizations engaged in human trafficking, and (iii) ensure that such data collection facilitates the confidentiality of information and protects the privacy of victims of human trafficking.

4. Recommend policies that will facilitate effective and efficient collaborations between relevant state agencies, the community, business and industry, the education community, and public and private entities to prevent human trafficking and provide assistance to victims who are United States citizens or foreign nationals.

5. Review the existing services and facilities available to meet the needs of victims of human trafficking and recommend ways in which services may be better coordinated, including but not limited to health, mental health, interpretation, legal and immigration, housing, education and job training services, and victim compensation.

6. Evaluate various approaches used by state and local governments to provide public awareness of the problem of human trafficking and make recommendations regarding ways to heighten public awareness of the problem and its social and economic impact in the Commonwealth.

7. Enlist the cooperation and assistance of academicians with expertise in the field of human trafficking.

8. Enlist the cooperation and assistance of state, local, and federal agencies, community organizations, business and industry, the education community, and public and private entities that monitor human trafficking issues, enforce prevention and violation initiatives, or provide services to victims, children and runaways, and victims of violence.

9. Submit to the General Assembly and the Governor an annual report for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports. The chairman of the Commission shall submit to the General Assembly and the Governor an annual executive summary of the interim activity and work of the Commission no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

§ 30-364. Staffing.

Administrative staff support shall be provided by the Office of the Clerk of the Senate or the Office of the Clerk of the House of Delegates as may be appropriate for the house in which the chairman of the Commission serves. The Division of Legislative Services shall provide legal, research, policy analysis, and other services as requested by the Commission.

§ 30-365. Sunset.

This chapter shall expire on July 1, 2018.

2. That, for its first year of existence, if the Commission is not funded by a separate appropriation in the appropriation act, the Commission may be funded from the operating budgets of the Clerk of the Senate and the Clerk of the House of Delegates upon the approval of the Joint Rules Committee. If the Commission is not funded by a separate appropriation in the appropriation act for any year thereafter, this chapter shall expire on July 1 of the fiscal year that the Commission fails to receive such funding.