HLS 17RS-564 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 198
BY REPRESENTATIVE HILFERTY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LEASES: Provides relative to the leasing of state land in Jefferson Parish
1 AN ACT
2To enact R.S. 41:1226, relative to lease of certain state property in Jefferson Parish; to
3 provide for assignment and sublease of certain leased state property; to provide for
4 terms and conditions; to provide an effective date; and to provide for related matters.
5 Notice of intention to introduce this Act has been published
6 as provided by Article III, Section 13 of the Constitution of
7 Louisiana.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 41:1226 is hereby enacted to read as follows:
10 ยง1226. Leases of reclaimed lands in Jefferson Parish
11 Except for mineral leases, any lease between the state and the governing
12 authority of Jefferson Parish of property and water bottoms adjacent to and beneath
13 Lake Pontchartrain shall authorize, or be amended to authorize, the governing
14 authority of Jefferson Parish to assign or sublease any portion of the leased property
15 with the written consent of the commissioner of administration. The assignee or
16 subleasee shall be awarded by the governing authority of Jefferson Parish in
17 accordance with the parish's procurement ordinances. The governing authority of
18 Jefferson Parish shall supervise its subleasee or assignee to ensure that the terms and
19 conditions of the original lease are observed. Any sublease or assignment by the
20 parish of Jefferson may be for recreational, cultural, commercial, or economic
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-564 ORIGINAL
HB NO. 198
1 development purposes and shall be considered a public purpose. The commissioner
2 of administration and the governing authority of Jefferson Parish may agree for the
3 distribution or sharing between the parties of any rents, royalties, bonuses, or other
4 revenue collected pursuant to any assignment or sublease authorized by this Section.
5 An assignment or sublease authorized by this Section shall be subject to the
6 provisions of R.S. 49:214.6.10 and shall not negatively impact hurricane and flood
7 protection. Any lease or amendment of a lease between the state and Jefferson
8 Parish provided for in this Section shall include a term of ninety-nine years, provided
9 that the parish of Jefferson has maintained substantial improvements on the leased
10 property and has operated the facilities on a continuous basis for public use, except
11 as may result from force majeure. All provisions of any original lease and its
12 amendments between the state and the governing authority of Jefferson Parish not
13 affected by this Section shall remain in full force and effect in accordance with those
14 agreements.
15 Section 2. This Act shall become effective upon signature by the governor or, if not
16signed by the governor, upon expiration of the time for bills to become law without signature
17by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
18vetoed by the governor and subsequently approved by the legislature, this Act shall become
19effective on the day following such approval.
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)]
HB 198 Original 2017 Regular Session Hilferty
Abstract: Authorizes the governing authority of Jefferson Parish to assign or sublease
certain property leased from the state for recreational, cultural, commercial, or
economic development purposes.
Proposed law authorizes Jefferson Parish to sublease or assign a lease of state property or
water bottom adjacent to Lake Pontchartrain, except for mineral leases, with consent of the
commissioner of administration. The assignee or subleasee shall be selected by Jefferson
Parish in accordance with the parish's procurement ordinances and shall be supervised by
Jefferson Parish. Proposed law authorizes an assignment or sublease for recreational,
cultural, commercial, or economic development purposes.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-564 ORIGINAL
HB NO. 198
Proposed law authorizes the commissioner of administration and the governing authority of
Jefferson Parish to enter a sharing agreement of any rents, royalties, bonuses, or other
revenue collected from an assignment or sublease authorized by proposed law.
Proposed law requires that any such assignment or sublease be subject to present law holding
the state and its political subdivisions harmless for actions taken to construct, operate, or
maintain integrated coastal protection and shall not negatively impact hurricane and flood
protection.
Proposed law requires any lease or amendment of a lease between the state and Jefferson
Parish include a term of 99 years, provided that the parish has maintained substantial
improvements on the leased property and has operated the facilities on a continuous basis
for public use.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 41:1226)
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.