RÉSUMÉ DIGEST
ACT 7 (HB 14) 2020 Second Extraordinary Session Stefanski
Existing 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 existing law (R.S. 27:417(A)).
Existing law provides that the criteria and amenity requirements for a qualified truck stop
facility provided in existing 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 existing law.
Existing 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.
New law retains existing 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.
Existing 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.
New 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 new law shall be effective retroactive to March 17, 2020.
Effective upon signature of governor (Oct. 20, 2020).
(Amends R.S. 27:417(A)(2)(intro. para.) and (B)(2); Adds R.S. 27:417(B)(3) and (D))