Louisiana 2020 2020 2nd Special Session

Louisiana House Bill HB14 Comm Sub / Analysis

                    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 14 Engrossed 2020 Second Extraordinary Session	Stefanski
Abstract:  Authorizes qualified truck stop facilities to suspend operations for 30 days in order to
complete renovations and authorizes the licensee to continue to operate video draw poker
devices.
Present law provides that a qualified truck stop facility shall mean a facility covering at least five
developed contiguous acres which sells fuel, lubricating oil, and other vehicular merchandise, such
as batteries, tires, or vehicle parts for 18-wheel tractor-trailers, and which meets certain criteria
provided in present law (R.S. 27:417(A)).
Present law provides that the criteria and amenity requirements for a qualified truck stop facility
provided in present law shall be suspended if any portion of the property upon which the qualified
truck facility is located is expropriated by the state or one of its political subdivisions. Further
requires that the suspension remains in effect until it is possible for the licensee to meet the
requirements of present law.
Present law allows the licensee to continue to operate video draw poker devices during the period
of suspension without meeting the requirements for that particular criteria or amenity affected by the
expropriation.
Proposed law retains present law and provides that in the event of a renovation to any of the criteria
or amenity requirements or buildings housing either of these, the licensee may request the approval
of the division to suspend operations of such criteria or amenity for 30 days in order to complete the
renovation.  Requires the licensee to notify the division prior to the beginning of the renovation that
would cause the suspension of any criteria or amenity.  Provides that after the initial approved 30-day
suspension of the criteria or amenity, if the renovation is not completed due to unforeseen
circumstances, the licensee may apply to the division, and for good cause shown, the division may
grant an additional 30 days for completion. Provides that during an approved suspension of the
criteria or amenity, the licensee may continue to operate video draw poker devices.
Present law allows the temporary waiver of certain criteria and amenities due to a force majeure.
Those certain criteria and amenities include: an onsite restaurant; a stable parking area; an onsite
repair service facility for eighteen-wheel tractor-trailer motor vehicles; and amenities, including a
separate truckers' television lounge, a full-service laundry facility, private showers, travel store with
truckers' supplies, truck scales, truckers' telephones, and permanent storage facilities for fuel.
Proposed law provides that any declaration of a state of emergency, or public health emergency, by order or proclamation of the governor or of the president of the U.S. that mandates a temporary
closure or partial closure of any operations at a qualified truck stop facility shall be considered a
force majeure for the duration of the declared state of emergency or public health emergency and 60
days thereafter.
Provides that proposed law shall be effective retroactive to March 17, 2020.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 27:417(A)(2)(intro. para.) and (B)(2); Adds R.S. 27:417(B)(3) and (D))