Louisiana 2013 2013 Regular Session

Louisiana House Bill HB126 Comm Sub / Analysis

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Prepared by James Benton.
Hodges	HB No. 126
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
ALCOHOLIC BEVERAGE PERMT. Provides relative to the posting of National
Human Trafficking Resources Center hotline information at certain establishments
DIGEST
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. 
Proposed law provides that any business described in proposed law which has been issued
an alcoholic permit pursuant to present law will post information in the same manner as other
signage or informational postings required by the Alcoholic Beverage Control Law or other
regulations. 
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.  Page 2 of 2
Prepared by James Benton.
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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Adds that postings shall be in same manner as other ATC postings.