GREEN SHEET REDIGEST
HB 830 2018 Regular Session Stokes
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
HUMAN TRAFFICKING: Requires age and work status verification prior to work
in a sexually oriented business to prevent human trafficking.
DIGEST
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 is employed by a sexually oriented business for remuneration under any
contract for hire but does not include an independent contractor.
Proposed law defines independent contractor as an individual who contracts to perform
services for a sexually oriented business on a non-exclusive basis under a written agreement
specifying that the individual is a contractor and not an employee of the sexually oriented
business.
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 in combination with one United States Citizenship and Immigration Services
Form I-9 List C document.
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.
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Prepared by Carla S. Roberts. 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 semi-nudity 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Labor and Industrial
Relations to the re-reengrossed bill
1. Changes definitions of "employee", "independent contractor", and "operator".
2. Adds definitions of "nudity", "semi-nude", "specified anatomical area", and
"specified sexual activity".
3. Removes verified social security number as a means of identification.
4. Adds U.S. Citizenship and Immigration form I-9 List C document as a means of
identification.
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Prepared by Carla S. Roberts.