RÉSUMÉ DIGEST
ACT 126 (HB 488) 2023 Regular Session Farnum
Prior law defined "riverboat" as a vessel or facility which:
(1)Carried a valid Certificate of Inspection issued by the U.S. Coast Guard with regard
to the carriage of passengers on designated rivers or waterways within or contiguous
to the boundaries of the state.
(2)Carried a valid Certificate of Inspection from the U.S. Coast Guard for the carriage
of a minimum of 600 passengers and crew.
(3)Had a minimum length of 100 feet.
(4)Was of such type and design so as to replicate as nearly as practicable historic La.
river borne steamboat passenger vessels of the 19th century era.
(5)Was approved by the La. Gaming Control Bd. (board) and a portion of its designated
gaming area was located within 1,200 feet of a riverboat's licensed berth.
New law provides that the term "riverboat" is one of the following:
(1)A vessel that carries a valid Certificate of Inspection issued by the U.S. Coast Guard
with regard to the carriage of passengers on designated rivers or waterways within
or contiguous to the boundaries of the state and for the carriage of a minimum of 600
passengers and crew.
(2)A non-certificated vessel that carries a valid certificate of compliance issued by the
board based on the recommendation of an approved third-party inspector.
(3)A landside facility that is approved by the board and a portion of its designated
gaming area is located within 1,200 feet of a riverboat's licensed berth. Requires
such facilities to be inspected and issued a certificate pursuant to new law.
Prior law (R.S. 27:44.1) authorized the board to approve that non-certificated vessels were
inspected by a third-party inspector including but not limited to the American Bureau of
Shipping or its affiliates.
New law provides that the third-party inspector is named and approved by the board.
New law provides that to ensure public health and safety, riverboat facilities shall be
inspected prior to the commencement of gaming operations, annually, and as requested by
the board. Authorizes the board to issue a certificate of compliance to a licensee or applicant
for its riverboat landside facility based on a recommendation of a third-party inspector
approved by the board, including the state fire marshal or his designee.
New law requires the recommendation to be based on compliance of all of the following:
(1)Applicable provisions of the National Fire Protection Association Life Safety Code
(NFPA 101) as adopted by the state.
(2)Applicable provisions of the International Building Code as adopted by the state.
(3)An inspection report by the state fire marshal, or his designee.
(4)Applicable provisions of the local and state building codes and laws.
(5)Issuance of a certificate of occupancy.
New law provides that when the state fire marshal is acting as a third-party inspector, he is
only required to inspect a riverboat landside facility in accordance with any law for which
he is given responsibility for supervision or enforcement. New law further requires the third-party inspector to submit a report to the board with its
findings. Provides that when the state fire marshal acts as a third-party inspector, the
inspection report shall be sufficient for the purposes of complying with the requirements in
new law.
New law requires fees imposed by a third-party inspector to be paid by the licensee or
applicant. Provides that such fees are nonrefundable.
New law authorizes the state fire marshal to collect fees for each riverboat landside facility
inspection according to the following schedule:
(1)Annual riverboat landside facility inspections shall not exceed $15,000.
(2)Additional inspections deemed necessary by the board or the state fire marshal shall
not exceed $5,000.
New law further provides that any fees collected pursuant to new law shall be deposited into
the La. Fire Marshal Fund.
Existing law (R.S. 40:1563) provides relative to the powers and duties of the state fire
marshal.
New law adds that the state fire marshal, or his designee, shall, as an approved third-party
inspector by the board, have the authority to conduct inspections of a riverboat landside
facility licensed or seeking licensure or certificates of compliance by the board.
Existing law (R.S. 40:1563.5) authorizes the state fire marshal to charge inspection fees
pursuant to certain provisions of existing law.
New law adds the fees charged by the state fire marshal for riverboat landside facility
inspections to the existing law list of inspection fees that the state fire marshal is authorized
to charge.
Effective August 1, 2023.
(Amends R.S. 27:44(24) and 44.1(B)(1) and R.S. 40:1563(M) and (N) and 1563.5; Adds R.S.
27:44.2 and R.S. 40:1563(O))