HLS 202ES-113 REENGROSSED
2020 Second Extraordinary Session
HOUSE CONCURRENT RESOL UTION NO. 8
BY REPRESENTATIVES DEVILLIER, AMEDEE, BAGLEY, CREWS, EMERSON,
FIRMENT, FRIEMAN, GADBERRY, GAROFALO, HORTON, MCCORMICK,
MIGUEZ, NELSON, CHARLES OWEN, AND SEABAUGH
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, except as applicable to the city of New Orleans.
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
Page 1 of 2 HLS 202ES-113 REENGROSSED
HCR NO. 8
1 WHEREAS, the purpose of this Resolution is to prohibit the commissioner of alcohol
2and tobacco control from enforcing closures or restrictions on bars, imposing fines, or
3suspending or revoking licenses as a result of alleged or actual violations of the governor's
4COVID-19 restrictions; and
5 WHEREAS, this Resolution does not seek to limit the commissioner's enforcement
6powers in any other context.
7 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby
8suspends, except as applicable to the city of New Orleans, the provisions of Chapter 5 of
9Title 26 of the Louisiana Revised Statutes of 1950 granting enforcement powers to the
10commissioner of alcohol and tobacco control as they apply to violations of COVID-19-
11related restrictions.
12 BE IT FURTHER RESOLVED that the Legislature of Louisiana hereby suspends,
13except as applicable to the city of New Orleans, the provisions of R.S. 29:721 et seq. or 760
14et seq. pursuant to which any powers are delegated to the commissioner of alcohol and
15tobacco control in response to COVID-19-related restrictions.
16 BE IT FURTHER RESOLVED that this suspension shall become effective upon
17adoption of this Resolution and shall extend through the sixtieth day after final adjournment
18of 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 8 Reengrossed 2020 Second Extraordinary Session DeVillier
Suspends until 60 days after final adjournment of the 2021 Regular Session of the
Legislature of La. 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, except as they apply to the city of New Orleans.
(Suspends Ch. 5 of Title 26 of the La. Revised Statutes of 1950 and R.S. 29:721 et seq. and
760 et seq.)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add an exception for the city of New Orleans.
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