HLS 13RS-1056 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 651
BY REPRESENTATIVE HODGES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EMPLOYMENT: Provides for age and work-status verification in sexually oriented
business employment to prevent human trafficking
AN ACT1
To enact Part XIV of Chapter 9 of Title 23 of the Louisiana Revised Statutes of 1950,2
comprised of R.S. 23:1019.1 through 1019.8, relative to employment; to provide for3
verification of age and work-eligibility status for employment in sexually oriented4
businesses; to provide with respect to human trafficking; to provide for notices to be5
posted; to provide definitions; to provide for enforcement; to provide for penalties;6
and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Part XIV of Chapter 9 of Title 23 of the Louisiana Revised Statutes of9
1950, to be comprised of R.S. 23:1019.1 through 1019.8 is hereby amended and reenacted10
to read as follows:11
PART XIV. HUMAN TRAFFICKING PREVENTION ACT12
§1019.1. Legislative intent; policy; purpose13
A. The legislature finds all of the following:14
(1) For more than one hundred years, Louisiana has outlawed and forbidden15
slavery. Recently, a new form of slavery, which is rooted in forced prostitution and16
human trafficking, has emerged to enslave victims in this state once again, the17
majority of which are women.18 HLS 13RS-1056 ORIGINAL
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(2) Businesses that operate in this state provide opportunities for vice are1
avenues which can encourage human trafficking and contribute to the lack of safety2
of the community.3
(3) The legislature further finds that past proliferation of sexually oriented4
business encourage vice, and the secondary effects associated there with, have5
discouraged wholesome businesses from operating in the state and led to the safety6
and economic woes of the people of this state.7
(4) Sexually oriented businesses, as a category of commercial enterprises,8
are associated with a wide variety of adverse secondary effects including but not9
limited to, human trafficking, personal and property crimes, prostitution, potential10
spread of disease, lewdness, public indecency, obscenity, illicit drug use, negative11
impacts on surrounding properties, urban blight, litter, sexual assault, and sexual12
exploitation.13
(5) Each of the foregoing negative secondary effects constitutes a harm14
which the state has a substantial government interest in preventing or abating. This15
substantial government interest in preventing secondary effects, which is the state's16
rationale for this Part, exists independent of any comparative analysis between17
sexually oriented and non-sexually oriented businesses. Additionally, the state's18
interest in regulating sexually oriented businesses extends to preventing future19
secondary effects of either current or future sexually oriented businesses that may20
locate in the state. The state finds that the cases and documentation relied on in this21
Part are reasonably believed to be relevant to said secondary effects, particularly22
human trafficking.23
B. The legislature declares that the policy of this state shall be to regulate24
and discourage sexually oriented businesses within every legal means permissible25
with the understanding that such action is constrained by the decisions of the United26
States Supreme Court and, therefore, the state is constrained from establishing27
further protections for the people from the secondary effects of the crime and moral28 HLS 13RS-1056 ORIGINAL
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and economic decay associated with sexually oriented businesses and in particular,1
those businesses which provide opportunities for human trafficking.2
C. (1) It shall be the purpose of this Part to regulate employers of sexually3
oriented businesses in order to promote the health, safety, and general welfare of the4
citizens of the state, and to establish reasonable and uniform regulations to prevent5
the deleterious secondary effects of sexually oriented businesses within the state.6
The provisions of this Part shall have neither the purpose nor the effect of imposing7
a limitation or restriction on the content or reasonable access by adults to any8
communicative materials, including sexually oriented materials which are protected9
by court decisions regarding the First Amendment of the United States Constitution.10
Additionally, it shall be neither the intent nor the effect of this Part to restrict or deny11
access by adults to sexually oriented materials protected by court decisions12
associated with the First Amendment of the United States Constitution, or to deny13
access by the distributors and exhibitors of sexually oriented entertainment to their14
intended market. It shall be neither the intent nor the effect of this Part to condone15
or legitimize the distribution of obscene material.16
(2) Employers of sexually oriented businesses who mis-classify employees17
as independent contractors create an excuse to abate the legal requirements to18
determine whether an employee is a minor or their immigration status of the19
employee which may expose whether or not the employee was brought to this20
country by means of human trafficking. It is the purpose of this Part is to remedy21
that excuse null and void 22
§1019.2. Definitions23
The following terms shall have the meaning ascribed herein as used in this24
Part:25
(1) "Adult arcade" means any place to which the public is permitted or26
invited in which coin-operated, slug-operated, or electronically, electrically, or27
mechanically controlled still or motion picture machines, projectors, or other28
image-producing devices are regularly maintained to show images to five or fewer29 HLS 13RS-1056 ORIGINAL
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persons per machine at any one time, and in which the images so displayed are1
distinguished or characterized by their emphasis upon matter exhibiting or describing2
specified sexual activities or specified anatomical areas.3
(2) "Adult bookstore," "adult novelty store," or "adult video store" means4
a commercial establishment that, for any form of consideration, has as a significant5
or substantial portion of its stock-in-trade in, derives a significant or substantial6
portion of its revenues from, devotes a significant or substantial portion of its interior7
business or advertising to, or maintains a substantial section of its sales or display8
space for the sale or rental of any of the following:9
(a) Books, magazines, periodicals, or other printed matter, or photographs,10
films, motion pictures, video cassettes, compact discs, slides, or other visual11
representations, that are characterized by their emphasis upon the exhibition or12
description of specified sexual activities or specified anatomical areas.13
(b) Instruments, devices, or paraphernalia that are designed for use or14
marketed primarily for stimulation of human genital organs or for sadomasochistic15
use or abuse of self or others.16
(3) "Adult cabaret" means a nightclub, bar, juice bar, restaurant, bottle club,17
gentleman's club, strip club, or similar commercial establishment, whether or not18
alcoholic beverages are served, that regularly features any of the following:19
(a) Persons who appear in a state of nudity or seminudity.20
(b) Live performances that are characterized by the exposure of specified21
anatomical areas or specified sexual activities.22
(c) Films, motion pictures, video cassettes, slides, or other photographic23
reproductions that are distinguished or characterized by their emphasis upon the24
exhibition or description of specified sexual activities or specified anatomical areas.25
(6) "Adult motion picture theater" means a commercial establishment where26
films, motion pictures, video cassettes, slides, or similar photographic reproductions27
that are distinguished or characterized by their emphasis upon the exhibition or28 HLS 13RS-1056 ORIGINAL
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description of specified sexual activities or specified anatomical areas are regularly1
shown for any form of consideration.2
(7) "Adult theater" means a theater, concert hall, auditorium, or similar3
commercial establishment that, for any form of consideration, regularly features4
persons who appear in a state of nudity or seminudity or live performances that are5
characterized by their emphasis upon the exposure of specified anatomical areas or6
specified sexual activities.7
(8) "Employee" means any individual who performs any service on the8
premises of a sexually oriented business on a full-time, part-time, or contract basis,9
regardless of whether the individual is denominated an employee, independent10
contractor, agent, or otherwise, but does not include an individual exclusively on the11
premises for repair or maintenance of the premises or for the delivery of goods to the12
premises.13
(9) "Operator" means either of the following:14
(a) Any individual who owns a sexually oriented business.15
(b) Any individual who is on the premises of a sexually oriented business16
who causes the business to function or who puts or keeps in operation the business17
or who is authorized to manage the business or exercise overall operational control18
of the business premises.19
(10) "Sexually oriented business" shall include adult arcades, adult book,20
novelty, or video game stores, adult cabaret, gentleman's club, go-go club, or strip21
bar, adult motel or adult hotel, adult motion picture theaters or adult theater, escort22
or escort agencies, massage parlors, nude model studios, and sexual encounter23
centers.24
§1019.3. Employee eligibility verification25
A. The operator shall verify the age and work authorization status of each26
employee by requesting the potential employee produce one of the following:27
(1) United States birth certificate or certified birth card.28
(2) Naturalization certificate.29 HLS 13RS-1056 ORIGINAL
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(3) Certificate of citizenship.1
(4) Alien registration receipt card.2
(5) United States immigration for I-94 with employment authorized stamp.3
B. The operator shall retain the document in his records for at least three4
years after the last day of the employee's employment. with the sexually oriented5
business.6
§1019.4. Questionnaire7
A. Before hiring an employee, the operator shall ask the following questions8
of the employee:9
(1) Is your freedom of movement restricted?10
(2) How do you learn about job opportunities?11
(3) Did you come to this country for a specific job that you were promised?12
(4) What forms of media or telecommunication do you have access to?13
(5) Do you or does someone else retain your identification documents?14
(6) Were you provided with false documents or identification?15
(7) How was payment for your travel handled?16
(8) Do you owe your employer any money?17
B. The employee shall ask the questions verbally to the employee to gauge18
the employee's response, record the answers on the questionnaire, and then each19
party shall sign the questionnaire affirming the accuracy of the answers.20
C. The operator shall retain a copy of the questionnaire for his records for21
at least three years after the last day of the employee's employment with the sexually22
oriented business.23
D. The Louisiana Workforce Commission shall prepare a standard form24
questionnaire to be used in compliance with this Section.25
§1019.5. Mandatory reporting26
If any operator of a sexually oriented business believes that he has come in27
contact with a victim of human trafficking, he shall contact local law enforcement28 HLS 13RS-1056 ORIGINAL
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or call the Trafficking Information and Referral Hotline to coordinate with local1
resources.2
§1019.6. Notices to be posted3
Every operator of a sexually oriented business shall post and keep posted in4
conspicuous places upon its premises a notice, in both English and Spanish, to be5
prepared by the Louisiana Workforce Commission, setting forth the following6
information:7
"If you are mistreated or your rights are violated, call these toll-free telephone numbers: 8
National Human Trafficking Resource Center's 24 Hour Toll-Free Hotline 9
1-888-373-7888 (Run by a non-governmental organization)10
Trafficking in Persons and Worker Exploitation Task Force Complaint Line11
(Monday-Friday, 8am-4pm)12
1-888-428-7581 (Run by the U.S. Dept. of Justice)13
If you are in immediate physical danger, call 911."14
§1901.7. Enforcement; penalties15
A. The executive director of the Louisiana Workforce Commission shall be16
empowered to enforce the civil provisions of this Part and to conduct such17
investigations as he deems necessary to ensure enforcement of this Part.18
B. Any operator who violates, neglects, or refuses to comply with any19
provision of this Part, shall be subject to the following penalties:20
(1) For a first offense, a fine not less than five hundred dollars, nor more than21
one thousand dollars, or imprisonment for not less than thirty days, nor more than22
ninety days, or both.23
(2) For a second offense, a fine not less than one thousand dollars, nor more24
than five thousand dollars, and his occupational license shall be suspended for a25
thirty-day period.26
(3) For a third offense, his occupational license shall be revoked and he shall27
not thereafter be permitted to engage in the operation of a sexually oriented business28
in the state of Louisiana.29 HLS 13RS-1056 ORIGINAL
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§1901.8. Rulemaking authority1
The executive director of the Louisiana Workforce Commission is hereby2
authorized and directed to promulgate rules and regulations in accordance with the3
Administrative Procedure Act to provide for the enforcement of the provisions of this4
Part.5
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. HLS 13RS-1056 ORIGINAL
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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)