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)]
HB 830 Reengrossed 2018 Regular Session Stokes
Abstract: Requires age and work status verification of employees and independent contractors in
sexually oriented businesses to prevent human trafficking.
Proposed law defines the term sexually oriented business as well as the 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- or part-time
basis.
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 defines independent contractor as an individual who, exercising independent
employment or engaging in an independent business enterprise, contracts with a sexually oriented
business to do work according to his own methods and without being subject to the control of the
person or business with which he has contracted.
Proposed law requires that an operator of a sexually oriented business verify the age and employment
status of each potential employee through the U.S. Citizenship and Immigration Services E-Verify
program or the completion of Form I-9 and retain the documentation proving such eligibility to work
in his records for at least three years.
Proposed law requires that an operator of a sexually oriented business verify the age and work
eligibility status of an independent contractor by requiring the independent contractor to submit a
U.S. Citizenship and Immigration Services Form I-9 List A document or a List B document along
with a completed Internal Revenue Service Form W-9 with a verified social security number.
Proposed law requires that before hiring an employee or independent contractor, the operator shall
require the potential employee or independent contractor to answer a questionnaire, provided by La.
Workforce Commission (LWC), and retain the answers for his record. This questionnaire includes
questions to give an indication whether or not a potential employee or independent contractor could
be a victim of human trafficking.
Proposed law requires that the questionnaire be retained by the operator for a period of three years
after the last day of work and that it be stored in a locked or otherwise secure location. Proposed law requires that if an operator suspects that a potential employee, employee, or
independent contractor is a victim of human trafficking that he contact local law enforcement or the
National Human Trafficking Resource Center Hotline as soon as possible within 24 hours.
Proposed law requires that notices regarding human trafficking be posted in English and Spanish.
Proposed law allows the executive director of LWC, the commissioner of the office of alcohol and
tobacco control, or a law enforcement agency of the state or its political subdivisions to conduct an
investigation of an operator for violations of proposed law and that if the investigation shows that
an operator has violated proposed law, the agency representative may notify the attorney general who
may pursue civil charges against the operator in the 19th Judicial District Court.
Proposed law provides that upon a finding that a violation has occurred, the court shall issue
penalties as follows:
(1) For a first violation, a fine of $1,000.
(2) For a second violation, a fine of $5,000.
(3) For a third and any subsequent violation, a fine of $10,000.
(Adds R.S. 23:1019.1-1019.6)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Labor and Industrial Relations
to the original bill:
1. Define independent contractor.
2. Specifically add independent contractors to the provisions of proposed law.
3. Require the age and work eligibility status of an independent contractor to be verified by
the submission of certain documents.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Change the name of the proposed law being enacted from the Human Trafficking Prevention Act to Sexually Oriented Businesses.
3. Clarify the definition of an "adult cabaret" by specifying that a person being featured in
a state of nudity or seminudity is doing so for the purpose of enticing sexual arousal or
excitement in the customer or patron of the business.
4. Require that if an operator suspects that an employee, potential employee, or independent
contractor is being trafficked, he notify proper authorities as soon as possible, but within
twenty-four hours.
5. Require the operator to maintain records required by proposed law in a locked or
otherwise secure location.