HLS 13RS-747 ORIGINAL Page 1 of 2 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 Page 2 of 2 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))