Louisiana 2013 2013 Regular Session

Louisiana House Bill HB651 Comm Sub / Analysis

                    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. 651
Abstract: Requires age and work status verification of employees in sexually oriented
businesses to prevent human trafficking.
Proposed law creates the Human Trafficking Prevention Act.
Proposed law provides for legislative intent, policy, and purpose.
Proposed law provides definitions for various types of sexually oriented businesses.
Proposed law provides that, for purposes of proposed law, an employee is defined as any
individual who performs any service on the premises of a sexually oriented business on a full-
time, part-time, or contract basis, regardless of whether the individual is denominated as
employee, independent contractor, agent, or otherwise.
Proposed law provides that an employee is not someone who is exclusively on the premises for
repair or maintenance of the premises, or for the delivery of goods.
Proposed law requires that the operator of a sexually oriented business verify the age and
employment status of each potential employee, and retain the documentation proving such
eligibility to work, in his records for at least 3 years.
Proposed law requires that before hiring an employee, the operator shall conduct an interview
from a questionnaire, provided by LWC, and retain the answers, for his record.  This
questionnaire includes leading questions to give an indication whether or not a potential
employee could be a victim of human trafficking.
Proposed law requires that if an operator suspects that someone he has come into contact with is
a victim of human trafficking, that he contact local law enforcement or the Trafficking
Information and Referral Hotline.
Proposed law requires that notices be posted in English and Spanish, regarding human
trafficking.
Proposed law directs the executive director of LWC to enforce and promulgate rules in the
enforcement of proposed law. Proposed law provides that for a 1
st
 offense, an operator shall be fined not less than $500 and not
more than $1000, or be imprisoned for not less than 30 days, nor more than 90 days, or both. 
Proposed law provides that for the 2
nd
 offense, an operator shall be fined not less than $1000,and
not more than $5000, and his occupational license shall be suspended for a 30-day period.
Proposed law provides that for a 3
rd
 offense, an operator's occupational license shall be revoked
and he shall not thereafter be permitted to engage in the operation of a sexually oriented business
in the state of Louisiana.
(Adds  R.S. 23:1019.1-1019.8)