Louisiana 2013 2013 Regular Session

Louisiana House Bill HB146 Introduced / Bill

                    HLS 13RS-747	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 146
BY REPRESENTATIVE ADAMS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
GAMBLING/VIDEO POKER:  Provides relative to fuel sales provisions of video draw
poker law
AN ACT1
To amend and reenact R.S. 27:421(B), relative to the operation of video draw poker devices2
at qualified truck stop facilities; to provide for the continued operation of video draw3
poker devices during force majeure or noncommercial circumstances which prohibit4
or reduce requisite fuel sales; to provide for the continued operation of the same5
number of video draw poker devices during those circumstances; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1.  R.S. 27:421(B) is hereby amended and reenacted to read as follows:9
ยง421.  Temporary placement of twenty-five video draw poker devices10
*          *          *11
B. If after a qualified truck stop facility is licensed and 	an initial a12
determination has been made to authorize the placement and operation of devices at13
the facility based upon the average of the fuel sales reports for three months, and the14
qualified truck stop facility thereafter becomes unable to sell a sufficient number of15
gallons of fuel to permit the minimum same number of devices to be operated at the16
facility, for reasons of force majeure or due to other noncommercial circumstances,17
such as road or other governmental construction projects contiguous to, or otherwise18
directly affecting the fuel sales of the qualified truck stop facility as determined by19
the division, the facility shall continue to be authorized to place and operate the same20 HLS 13RS-747	ORIGINAL
HB NO. 146
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
number of devices based upon the last average calculation of monthly fuel sales1
reports prior to the interruption in the fuel sales. Upon resolution of the reasons2
causing the reduction in fuel sales, the division shall use the next three months of3
monthly fuel sales reports to determine the number of devices authorized to be4
placed and operated at the facility.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)]
Adams	HB No. 146
Abstract: Allows for continued operation of the same number of video draw poker devices
when fuel sales cannot be achieved due to force majeure or noncommercial
circumstances.
Present law provides for the operation of video draw poker devices at qualified truck stop
facilities.  Provides that the number of video draw poker devices placed at such facilities
shall be based on the average monthly fuel sales as follows:
(1)100,000 gallons of fuel of which 40,000 gallons are diesel - not more than 50
devices.
(2)75,000 gallons of fuel of which 30,000 gallons are diesel - not more than 40 devices.
(3)50,000 gallons of fuel of which 10,000 gallons are diesel - not more than 35 devices.
Present law provides that if after a qualified truck stop facility is licensed and an initial
determination has been made to authorize the placement and operation of devices at the
facility based upon the average of the fuel sales reports for three months, and the qualified
truck stop facility thereafter becomes unable to sell a sufficient number of gallons of fuel to
permit the minimum number of devices to be operated at the facility, for reasons of force
majeure or due to other noncommercial circumstances, the facility shall continue to operate
the number of devices based upon the last average calculation of monthly fuel sales reports
prior to the interruption in the fuel sales. Upon resolution of the reasons causing the
reduction in fuel sales, the division shall use the next three months of monthly fuel sales
reports to determine the number of devices authorized to be placed and operated at the
facility.
Proposed law retains present law and further provides that the licensee can continue to
operate the same number of video draw poker devices that they operated prior to the
reduction in fuel sales if that reduction is caused by force majeure or noncommercial
circumstances.
(Amends R.S. 27:421(B))