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Regular Session, 2013
HOUSE BILL NO. 126
BY REPRESENTATIVE HODGES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ALCOHOLIC BEVERAGE PERMT: Provides relative to the posting of National Human
Trafficking Resources Center hotline information at certain establishments
AN ACT1
To amend and reenact R.S. 15:541.1(A)(3), (B), (C)(1), and (D) and R.S. 26:96(A), relative2
to the National Human Trafficking Resource Center hotline; to provide for the3
posting of certain information regarding the National Human Trafficking Resource4
Center hotline; to provide for certain offices and departments to notify affected5
establishments of the requirements; to provide for the assessment of a fine; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 15:541.1(A)(3), (B), (C)(1), and (D) are hereby amended and9
reenacted to read as follows: 10
§541.1. Posting of the National Human Trafficking Resource Center hotline;11
content; languages; notice; civil penalty12
A. All of the following establishments shall be required to post information13
regarding the National Human Trafficking Resource Center hotline:14
* * *15
(3) Every highway truck stop full service fuel facility adjacent to an16
interstate highway or highway rest stop.17
B.(1) Such information shall be posted prominently both inside and outside18
restrooms in the premises, and in any areas that are frequently used by employees of19
the establishment including but not limited to dressing rooms and break rooms inside20 HLS 13RS-568 ENGROSSED
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of a strip club or sexually oriented establishment, described in Subsection A of this1
Section.2
(2) Such posting shall be no smaller than eight and one-half inches by eleven3
inches and shall contain the following wording in bold typed print of not less than4
fourteen-point font:5
"If you or someone you know is being forced to engage in any activity and6
cannot leave, whether it is commercial sex, housework, farm work, or any other7
activity, call the National Human Trafficking Resource Center hotline at 1-888-373-8
7888 to access help and services."9
Such posting shall also comply with any other requirement established by10
regulations promulgated by the commissioner in accordance with the Administrative11
Procedure Act.12
The victims of human trafficking are protected under U.S. law and the laws13
of Louisiana.14
The hotline consists of the following services:15
(a) Available 24 hours a day, 7 days a week.16
(b) Toll-free.17
(c) Operated by a non-profit, non-governmental organization.18
(d) Anonymous and confidential.19
(e) Accessible in 170 languages.20
(f) Able to provide help, referral to services, training, and general21
information".22
(3) The language in the posting shall be printed in English, Louisiana23
French, Spanish, and any other languages that the Department of Public Safety and24
Corrections commissioner of alcohol and tobacco control shall require.25
C. The following departments of the state shall provide each establishment26
described in Subsection A of this Section over which that department exercises any27
regulatory control or authority with the notice required by this Section. The28
departments shall post on their websites a sample of the posting described in29 HLS 13RS-568 ENGROSSED
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Subsection B of this Section which shall be accessible for download. The1
departments are as follows:2
(1) Department of Revenue and the office of alcohol and tobacco control.3
* * *4
D. A civil penalty of five hundred dollars shall in accordance with R.S.5
26:96(A) may be assessed for each violation of this Section. The departments listed6
in Subsection C of this Section or any law enforcement agency with jurisdiction are7
charged with the enforcement of this Section and may assess the civil penalty.8
Section 2. R.S. 26:96(A) is hereby amended to read as follows:9
§96. Revocation and suspensions not exclusive penalty 10
A.(1) Notwithstanding any other provision of this Chapter to the contrary,11
the commissioner may, in lieu of or in addition to revocation or suspension of a12
permit issued under the authority of this Chapter, impose the following schedule of13
fines to be paid into the state treasury for: 14
(1)(a) A first offense, not less than fifty dollars but not more than five15
hundred dollars.16
(2)(b) A second offense, which occurs within three years of the first offense,17
not less than two hundred fifty dollars but not more than one thousand dollars; and18
(3)(c) A third offense, which occurs within three years of the first offense,19
not less than five hundred dollars but not more than two thousand five hundred20
dollars.21
(2) A retail dealer who is required pursuant to R.S. 15:541.1 to post22
information regarding the National Human Trafficking Center hotline and fails to23
post such information may be assessed a fine in accordance with the provisions of24
this Section.25
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hodges HB No. 126
Abstract: Authorizes the office of alcohol and tobacco control to provide for certain
posting requirements relative to the National Human Trafficking Resource Center
hotline and authorizes the ATC commissioner to assess fines for failure to post such
information.
Present law requires the following establishments to post information regarding the National
Human Trafficking Resource Center hotline in specific areas on the premises:
(1)Every massage parlor, spa, or hotel that has been found to be a public nuisance for
prostitution.
(2)Every strip club or sexually oriented business as provided for in present law.
(3)Every highway truck stop or highway rest stop.
Proposed law retains present law except that it removes a highway truck stop from the
requirement and adds a full service fuel facility adjacent to an interstate highway.
Present law requires that the information regarding the National Human Trafficking
Resource Center hotline must be posted prominently both inside and outside the premises
of the establishments.
Proposed law requires that the information be posted prominently inside restrooms in the
premises and in any areas that are frequently used by employees of the establishment,
including but not limited to dressing rooms and break rooms inside of a strip club or sexually
oriented establishment.
Present law provides for certain requirements relative to the print and language printed on
the posting.
Proposed law retains present law except it removes certain language from the posting and
adds that such posting shall comply with any other requirements that are established by
regulations promulgated by the commissioner in accordance with the Administrative
Procedure Act.
Present law requires each posting to be printed in English, Louisiana French, Spanish, and
any other languages required by the Dept. of Public Safety and Corrections.
Proposed law retains present law except that it changes the requirements imposed on the
Dept. of Public Safety and Corrections to the commissioner of alcohol and tobacco control
(ATC).
Present law requires Dept. of Revenue and DOTD to provide each establishment within their
regulatory control or authority with the notice information and to post samples of the notice
on their websites for download.
Proposed law retains present law and adds the requirements relative to the Dept. of Revenue
to the office of alcohol and tobacco control. HLS 13RS-568 ENGROSSED
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Present law requires a civil penalty of $500 to be assessed for each violation to be enforced
by the departments provided for in present law.
Proposed law authorizes a civil penalty to be assessed in accordance with present law, which
provides for certain penalties that may be imposed in lieu of or in addition to revocation or
suspension of a permit to be enforced by the departments or any law enforcement agency
with jurisdiction.
Present law authorizes the commissioner of the ATC to assess certain fines in lieu of or in
addition to revocation or suspension of a permit.
Proposed law retains present law and adds authorization for the commissioner to assess a
fine against a retail dealer.
(Amends R.S. 15:541.1(A)(3), (B), (C)(1), and (D) and R.S. 26:96(A))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Judiciary to the original bill.
1. Changed the application for the requirement to post certain information from a
highway truck stop to a full service fuel facility adjacent to an interstate highway.
2. Added authorization for the commissioner to provide for additional requirements
that may be established by regulations promulgated in accordance with the
Administrative Procedure Act as it relates to print and language on the posting.
3. Deleted certain language required to be printed on the posting.
4. Added the office of alcohol and tobacco control to the list of departments
required to provide notice and samples of the posting on their websites.
5. Removed the authorization to assess a civil penalty of $500 for each violation
and added authorization to assess a fine provided for in present law in lieu of or
in addition to suspension or revocation of a permit and further added
enforcement by any law enforcement agency with jurisdiction.
6. Added authorization for the commissioner to assess certain fines in lieu of or in
addition to suspension or revocation of a permit for a retail dealer who is
required to post certain information and fails to do so.