la-202609-f3cd8d40aa: Workplace Policies, Trainings, and Preventive Measures

Department of Public Safety and Corrections Gaming Control Board Workplace Policies, Trainings, and Preventive Measures(LAC 42:III.Chapter 6) The Department of Public Safety and Corrections, Gaming Control Board, in accordance with R.S. 27:15, R.S. 27:24, and the provisions of the Administrative Procedures Act, R.S. 49:950 et seq., hereby gives notice that it intends to adopt Chapter 6—Workplace Policies, Trainings, and Preventive Measures of Part III of Title 42 of the Louisiana Administrative Code. The rule change is pursuant to Act 286 of the 2023 Regular Session of the Louisiana Legislature and allows for the training, identifying, reporting, signage, posting, written materials, resources available to victims, procedures, and enforcement of human trafficking, specifically for prevention and awareness thereof. Title 42 LOUISIANA GAMING Part III. Gaming Control Board Chapter 6.Workplace Policies, Trainings, and Preventive Measures §601.Human Trafficking Awareness and Prevention Training A.As used in this Chapter, training shall mean the Human Trafficking Awareness and Prevention Training as provided in La. R.S. 27:27.5, which shall consist of an approved Human Trafficking Awareness and Prevention training video and/or PowerPoint developed by the Louisiana Gaming Control Board in conjunction with the Governor’s Office of Human Trafficking Prevention, or other approved materials, hosted and made publicly available on the official website of the board. B.As used in this Chapter, licensee shall mean persons licensed or otherwise authorized under the Louisiana Gaming Control Law, R.S. 27:1 et seq. to conduct gaming activities and/or operations or perform any activity for which a license is required. For purposes of this Chapter, licensee includes, but is not be limited to, those licensed as riverboats, the land-based casino, pari-mutuel live racing facilities, eligible facilities, offtrack wagering facilities, bars, taverns, lounges, restaurants, hotels and motels, device owners, service entities, qualified truck stop facilities, sports wagering licensees, and fantasy sports contest operators. C.As used in this Chapter, permittee shall mean persons permitted or otherwise authorized under the Louisiana Gaming Control Law, R.S. 27:1 et seq. to conduct gaming operations as a sports wagering platform provider or perform any activity for which a permit is required or to manufacture or sell any gaming devices, supplies, or equipment. For purposes of this Chapter, permittee includes, but is not limited to, sports wagering platform providers, manufacturers, distributors, device owners, and gaming suppliers. D.As used in this Chapter, employee shall mean any person employed by a licensee or permittee, regardless of whether the person is required to hold a gaming employee permit. E.Licensees and permittees shall, in writing, designate the personnel or department who will be designated trainers and responsible for implementing and monitoring the training. Said written designation shall be made available to the board and division upon request. The designated personnel shall also be responsible for submitting all annual certifications of completion for the licensee/permittee and employees and ensuring compliance with the provisions of this Chapter. F.Each licensee, permittee, and employee of a licensee or permittee shall successfully complete the training, in accordance with La. R.S. 27:27.5 and this Chapter. G.Pursuant to R.S. 27:27.5, licensees, permittees, and employees of licensees and permittees shall certify to the division, on an annual basis, that the licensee, permittee, or employee has participated in, and completed, the training in the manner provided in Section 603. AUTHORITY NOTE:Promulgated in accordance with R.S. 27:15 and 24. HISTORICAL NOTE:Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR. 52: §603.Mandatory Training Requirements A.All licensees, permittees, and employees shall complete the training within 180 days of the effective date of this Chapter. B.Any licensee, permittee, or employee not licensed, permitted, or employed within the time period in Subsection A shall complete the training within 60 days of the date of licensing, permitting, or employment, whichever applicable and earliest. C.After the initial trainings required in Subsections A and B, licensees, permittees, and employees shall complete the training annually, by December 31 of each calendar year. D.Licensees and permittees shall implement protocols for its employees to follow for identifying, documenting, reporting, and responding to suspected occurrences of human trafficking within gaming and non-gaming areas. The protocols shall comply with any minimum standards or directives of the division. Licensees and permittees shall train all employees on the protocols. AUTHORITY NOTE:Promulgated in accordance with R.S. 27:15 and 24. HISTORICAL NOTE:Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR 52: §605.Certification and Record Keeping A.Each licensee, permittee, and employee of a licensee or permittee shall obtain a documentation verifying participation in, and the successful completion of, the required training, at the intervals required in Section 603.A - C. B.Licensees, permittees, and employees of licensees and permittees shall retain the documentation of completion for a minimum of five 5 years. Electronic copies are sufficient provided they are readily accessible for audit purposes. C.Licensees, permittees, and employees of licensees and permittees shall certify participation in and completion of the training to the division on an annual basis as a condition of maintaining any gaming license or permit. For those completing the board’s digital training, the incorporated online certification satisfies this requirement. For those completing the training in-person, the licensee or permittee must have each employee sign a document certifying completion. D.Licensees and permittees shall compile and maintain proof of all certifications of completion for itself and its employees. Licensees and permittees shall certify that it and its employees participated in and completed the training every year. This certification shall be due to the division on or before June 30 of the following calendar year. E.Licensee and permittees shall maintain accurate and verifiable records for a minimum of five years that document the successful completion of the training by all current and former employees. These records shall be made available for inspection by the division or board upon request. Electronic copies are sufficient provided they are readily accessible for audit purposes. AUTHORITY NOTE:Promulgated in accordance with R.S. 27:15 and 24. HISTORICAL NOTE:Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR 52: §607.Signage and Materials A.Each licensee shall post or provide approved human trafficking awareness materials from the Louisiana Governor’s Office of Human Trafficking Prevention or similar materials approved by the board throughout the licensed gaming establishment. B.Approved human trafficking awareness materials shall be placed in conspicuous locations within the gaming establishment and non-gaming areas comprising the licensed premises, licensed establishment, official gaming establishment, or facility and shall include, at a minimum, hotline telephone numbers, and other important information concerning the signs and indicators of human trafficking. Locations shall include, but are not limited to the following areas: 1.cashier cages; 2.valet areas; 3.employee breakrooms; 4.public bathroom stall doors; 5.public bathroom wash areas; and 6.truckers lounge of a qualified truckstop facility. C.Each licensee shall post one or more conspicuous approved signs at points of entry to gaming establishments to inform patrons of the national human trafficking hotline, website, and text number available to report suspected human trafficking. AUTHORITY NOTE:Promulgated in accordance with R.S. 27:15 and 24. HISTORICAL NOTE:Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR 52: §609.Sanctions A.Failure by any licensee, permittee, or employee of a licensee or permittee to comply with this Chapter, including, but not limited to, failure to comply, failure to ensure employee compliance, or failure to maintain adequate records shall constitute a violation, subject to administrative action including, but not limited to, penalty, suspension, or revocation. AUTHORITY NOTE:Promulgated in accordance with R.S. 27:15 and 24. HISTORICAL NOTE:Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR 52: Family Impact Statement Pursuant to the provisions of R.S. 49:972, the Gaming Control Board, through its chairman, has considered the potential family impact of the proposed Rule. The proposed Rule has no known impact on the following: 1.the effect on stability of the family. 2.the effect on the authority and rights of parents regarding the education and supervision of their children. 3.the effect on the functioning of the family. 4.the effect on family earnings and family budget. 5.the effect on the behavior and personal responsibility of children. 6.the ability of the family or a local government to perform the function as contained in the proposed rule. Poverty Impact Statement Pursuant to the provisions of R.S. 49:973, the Gaming Control Board, through its chairman, has considered the potential poverty impact of the proposed Rule. The proposed Rule has no known impact on impact on the following: 1.the effect on household income, assets, and financial security. 2.the effect on early childhood development and preschool through postsecondary education development. 3.the effect on employment and workforce development. 4.the effect on taxes and tax credits. 5.the effect on child and dependent care, housing, health care, nutrition, transportation, and utilities assistance. Small Business Analysis Pursuant to the provisions of R.S. 49:974.2-974.8, the Regulatory Flexibility Act, the Louisiana Gaming Control Board, through its chairman, has concluded that the proposed Rule is not anticipated to have an adverse impact on small business; therefore, a Small Business Impact Statement has not been prepared. Provider Impact Statement Pursuant to the provisions of HCR170 of 2014, the Gaming Control Board, through its chairman, has considered the potential provider impact of the proposed Rule. The proposed Rule has no known impact on impact on the following: 1.the effect on the staffing level requirements or qualifications required to provide the same level of service. 2.the total direct and indirect effect on the costs to the provider to provide the same level of service. 3.the overall effect on the ability of the provider to provide the same level of service. Public Comments Interested persons may submit written comments to Sharon McCoy, Assistant Attorney General, Louisiana Department of Justice, Gaming Division, 1885 North Third Street, Fifth Floor, Baton Rouge, LA 70802. All comments must be submitted no later than the end of business day, central time zone, of October 10, 2026. Christopher B. Hebert Chairman FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Workplace Policies, Trainings, and Preventive Measures I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) The proposed rule will result in a one-time expenditure of approximately $12,900 to the Louisiana Gaming Control Board for development of a Human Trafficking Awareness and Prevention Training Video. Any additional costs associated with implementation are expected to be absorbed within existing agency operating budgets and are anticipated to have a minimal fiscal impact. In accordance with Act 286 of the 2023 Regular Session, the proposed rule establishes policies, training procedures, and enforcement provisions related to human trafficking awareness and prevention, including curriculum standards and implementation of a comprehensive web-based training program. II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) There is no anticipated effect on revenue collections of state or local governmental units. III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS, SMALL BUSINESSES, OR NONGOVERNMENTAL GROUPS (Summary) There are no anticipated costs or economic benefits to directly affected persons, small businesses, or non-governmental groups. IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) Implementation of this proposed rule is not anticipated to have an effect on competition and employment. Christopher B. HebertPatrice Thomas ChairmanDeputy Fiscal Officer 2609#079Legislative Fiscal Office