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Regular Session, 2012
SENATE BILL NO. 454
BY SENATOR LAFLEUR
LEASES. Provides for the leasing and ratification of certain leases of school lands and
sixteenth section lands. (gov sig)
AN ACT1
To amend and reenact R.S. 41:1212(D) and to enact R.S. 41:1323.6, relative to school lands;2
to provide exemptions from the public lease law for certain school lands; to ratify3
and confirm certain leases of certain school lands; to ratify and confirm certain leases4
of sixteenth section lands; to provide terms and conditions; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 41:1212(D) is hereby amended and reenacted and R.S. 41:1323.6 is8
hereby enacted to read as follows: 9
§1212. Lands which may be leased; purposes; leases of sixteenth section lands for10
agricultural purposes; negotiation of surface leases of school lands;11
negotiation of leases by certain public benefit corporations;12
negotiation of leases for administering buildings designated as13
historic landmarks14
* * *15
D. The school board of the parish of Lafayette or the school board within16
any parish with a population of not less than forty-two thousand nor more than17 SB NO. 454
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forty-five thousand persons according to the latest federal decennial census is1
authorized to negotiate for the surface lease of any lands to which it has title, custody2
or possession to any person, firm, corporation or other legal entity without the3
necessity of advertising for and receiving bids.4
* * *5
§1323.6. Ratification and confirmation of leases of certain school lands6
All contracts of leases of school lands, including but not limited to school7
indemnity lands and sixteenth section lands, by a school board within a parish8
with a population of not less than forty-two thousand nor more than forty-five9
thousand persons according to the latest federal decennial census that were10
entered into prior to January 4, 2012, for a term of not more than five years, are11
hereby ratified and confirmed and shall have the same force and effect as if the12
contracts of lease had been made and executed pursuant to the provisions of13
Part I of Chapter 10 of Title 41 of the Louisiana Revised Statues of 1950,14
provided that the school board receives consideration proportionate to at least15
the fair market value for the leases.16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
The original instrument was prepared by J. W. Wiley. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Sherri H. Breaux.
DIGEST
LaFleur (SB 454)
Present law provides for the requirements, such as advertising and bidding, for leasing of
certain property. Further provides exceptions from present law.
Proposed law adds an exception for a school board within a parish with a population of not
less than 42,000 nor more than 45,000 persons according to the latest federal decennial
census is authorized to negotiate for the surface lease of any lands of which it has title,
custody or possession to any person, firm, corporation or other legal entity without the
necessity of advertising for and receiving bids. SB NO. 454
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that all contracts of leases of school lands or sixteenth section lands
by a school board within a parish with a population of not less than 42,000 nor more than
45,000 persons according to the latest federal decennial census that were entered into prior
to January 4, 2012, for a term of not more than 5 years, are hereby ratified and confirmed
and shall have the same force and effect as if the contracts of lease had been made and
executed pursuant to the provisions of present law, provided that the school board receives
fair market value for the leases.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 41:1212(D); adds R.S. 41:1323.6)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Makes technical correction to reflect the population of a parish according to
the latest federal decennial census.