HLS 14RS-1061 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 349
BY REPRESENTATIVE BARRAS
PROPERTY/PUBLIC: Provides relative to lease payments for leasing of property by public
benefit corporations
AN ACT1
To amend and reenact R.S. 41:1215(B)(7), relative to leases of public property by public2
benefit corporations; to authorize lease payments to be made annually, quarterly, or3
monthly; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 41:1215(B)(7) is hereby amended and reenacted to read as follows:6
ยง1215. Opening of bids; execution of leases; exceptions; public benefit7
corporations; negotiated lease to nonprofit organizations8
* * *9
B. For the purposes of this Part a "public benefit corporation" is defined to10
be a nonprofit corporation formed pursuant to the general nonprofit corporation law11
of the state of Louisiana, except those formed pursuant to specific constitutional or12
statutory authority, by a political subdivision of the state of Louisiana through its13
chief executive officer for the purposes of owning, leasing, developing, and14
operating properties owned by such political subdivision or by such public benefit15
corporation, including but not limited to planning, renovating, constructing, leasing,16
subleasing, managing, and promoting such properties, which activity is declared to17
constitute a public purpose, and which shall meet each of the following18
requirements:19
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HB NO. 349
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(7) All leases or subleases executed by a public benefit corporation under the1
provisions of this Part shall be for a period not exceeding thirty years and shall2
provide for a monthly rental payable in cash monthly, quarterly, or annually, at the3
discretion of the lessor; and4
* * *5
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)]
Barras HB No. 349
Abstract: Authorizes lease payments for leases of public property by public benefit
corporations to be made annually, quarterly, or monthly.
Present law, relative to leasing of public property, provides generally for opening of bids for
leases of public property and provides for payment of the rentals. Present law specifically
provides for the terms and conditions of leasing of public property through "public benefit
corporations". Those conditions include the following: (1) the corporation must not be
organized for profit, (2) the corporate income must not inure to any private person, (3) the
political subdivision leasing the property must have a beneficial interest in the corporation,
(4) the corporation must be approved by the political subdivision with interest in the
corporation, (5) the lease must be approved by the political subdivision with interest in the
corporation, (6) all leases shall be for a period not to exceed 30 years and rental payments
shall be made monthly in cash.
Proposed law allows rental payments made to public benefit corporations to be made
monthly, quarterly, or annually, at the discretion of the lessor.
(Amends R.S. 41:1215(B)(7))