Louisiana 2020 2020 Regular Session

Louisiana House Bill HB670 Comm Sub / Analysis

                    GREEN SHEET REDIGEST
HB 670	2020 Regular Session	Stefanski
GAMBLING/VIDEO POKER: Provides relative to the criteria and amenity
requirements for qualified truck stops
DIGEST
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 for in present law (R.S. 27:417(A)).
Present law provides that the criteria and amenity requirements for a qualified truck stop
facility provided for by 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. Provides that the licensee must 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 United States
that mandates a temporary closure or partial closure of gaming operations at a qualified truck
stop facility shall be considered a force majeure for the duration of the mandatory closure or
mandatory partial closure and 90 days thereafter.
Provides that proposed law shall be retroactively effective to March 17, 2020, effective date
of 30 JEB 2020 mandating closure of gaming operations at qualified truck stops.
(Amends R.S. 27:417(A)(2)(intro. para.) and (B)(2); Adds R.S. 27:417(B)(3) and (D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
Page 1 of 2
Prepared by Dawn Romero Watson. 1. Relative to the present law criteria and amenity requirements for qualified
truck stops, require force majeure to be in effect beginning March 17, 2020,
through June 30, 2021, due to the COVID-19 pandemic.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
engrossed bill
1. Add requirement that gaming division of state police approve the suspension
of operations of a criteria or amenity.
2. Changes from invoking force majeure allowance for COVID-19 from March
17, 2020 through June 30, 2021 to providing force majeure allowance for any
gubernatorial or presidential declaration of emergency mandating closure of
gaming operations for the duration of the declaration and 90 days thereafter.
3. Adds retroactive effective date.
Page 2 of 2
Prepared by Dawn Romero Watson.