HLS 202ES-102 ORIGINAL
2020 Second Extraordinary Session
HOUSE CONCURRENT RESOL UTION NO. 10
BY REPRESENTATIVE MIGUEZ
ALCOHOLIC BEVERAGE PERMT: Suspends the enforcement authority of the
commissioner of alcohol and tobacco control for violations of COVID-19-related
restrictions (Items #28, 32, 35, and 60)
1 A CONCURRENT RESOL UTION
2To suspend until sixty days after final adjournment of the 2021 Regular Session of the
3 Legislature of Louisiana the enforcement authority of the commissioner of alcohol
4 and tobacco control pursuant to Chapter 5 of Title 26 of the Louisiana Revised
5 Statutes of 1950 or any powers delegated to the commissioner pursuant to R.S.
6 29:721 et seq. or 760 et seq., as they apply to violations of COVID-19-related
7 restrictions.
8 WHEREAS, the governor has issued several proclamations imposing restrictions on
9bars during the COVID-19 public health emergency, including those restrictions in
10Proclamation Number 117 JBE 2020 and Proclamation Number 123 JBE 2020; and
11 WHEREAS, in Proclamation Number 117 JBE 2020 and Proclamation Number 123
12JBE 2020 the commissioner of alcohol and tobacco control is authorized and directed as an
13officer of the state to "cooperate in actions the state may take in response to the effects of"
14COVID-19; and
15 WHEREAS, the commissioner of alcohol and tobacco control is granted general
16enforcement authority pursuant to Chapter 5 of Title 26 of the Louisiana Revised Statutes
17of 1950 which includes the power to issue orders suspending or revoking permits and to
18collect fees and penalties; and
19 WHEREAS, the purpose of this Resolution is to prohibit the commissioner of alcohol
20and tobacco control from enforcing closures or restrictions on bars, imposing fines, or
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HCR NO. 10
1suspending or revoking licenses as a result of alleged or actual violations of the governor's
2COVID-19 restrictions; and
3 WHEREAS, this Resolution does not seek to limit the commissioner's enforcement
4powers in any other context.
5 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby suspends
6the provisions of Chapter 5 of Title 26 of the Louisiana Revised Statutes of 1950 granting
7enforcement powers to the commissioner of alcohol and tobacco control as they apply to
8violations of COVID-19-related restrictions.
9 BE IT FURTHER RESOLVED that the Legislature of Louisiana hereby suspends
10the provisions of R.S. 29:721 et seq. or 760 et seq. pursuant to which any powers are
11delegated to the commissioner of alcohol and tobacco control in response to COVID-19-
12related restrictions.
13 BE IT FURTHER RESOLVED that this suspension shall become effective upon
14adoption of this Resolution and shall extend through the sixtieth day after final adjournment
15of the 2021 Regular Session of the Legislature of Louisiana.
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)]
HCR 10 Original 2020 Second Extraordinary Session Miguez
Suspends until 60 days after final adjournment of the 2021 Regular Session of the
Legislature of Louisiana the enforcement authority of the commissioner of alcohol and
tobacco control afforded to the commissioner under present law or any powers delegated to
the commissioner pursuant to the La. Homeland Security and Emergency Assistance and
Disaster Act or the La. Health Emergency Powers Act, as they apply to violations of
COVID-19-related restrictions.
(Suspends Ch. 5 of Title 26 of the La. Revised Statutes of 1950 and R.S. 29:721 et seq. and
760 et seq.)
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