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2017 Regular Session
SENATE BILL NO. 143
BY SENATOR CHABERT AND REPRESENTATIVE STOKES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC LANDS. Provides relative to sales, leases, and subleases of immovable property
under the jurisdiction of the Department of Culture, Recreation and Tourism. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 36:204(B)(6) and R.S. 56:1687(6) and (9), and to enact R.S.
3 36:204(B)(9) and (10), relative to the powers and duties of the secretary of culture,
4 recreation and tourism; to provide for the procedure for the sale, lease, and sublease
5 of state parks land; to provide for concession leases; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 36:204(B)(6) is hereby amended and reenacted and R.S.
9 36:204(B)(9) and (10) are hereby enacted to read as follows:
10 §204. Powers and duties of secretary of culture, recreation and tourism
11 * * *
12 B. The secretary shall have authority to:
13 * * *
14 (6) Except as otherwise specifically provided in R.S. 56:1687(6), sell Sell,
15 lease, or sublease state park lands only after receiving approval for such sale, lease,
16 or sublease by the legislature of the state of Louisiana and only after publishing an
17 advertisement in the official journal of the parish or parishes in which such land is
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1 located setting forth a description of the lands to be sold, leased, or subleased; the
2 time when bids therefor will be received; and a short summary of the terms,
3 conditions, and purpose of said sale, lease, or sublease to be executed. The
4 advertisement required by this Section shall be published once a week for three
5 different weeks in a newspaper in the locality, the first advertisement to appear at
6 least fifteen days before the opening of bids; however, when the advertisement is
7 published in a daily newspaper in the locality, the advertisement shall be published
8 three times within ten days, the first advertisement to appear at least ten days before
9 the opening of bids in accordance with the applicable provisions of the sale and
10 lease laws of public lands of the state of Louisiana.
11 * * *
12 (9) Grant leases, subleases, and concession leases on any portion of the
13 immovable property under the department's supervision, jurisdiction, or
14 management to any of the following:
15 (a) A public body, in accordance with the public lease law, R.S. 41:1211
16 et seq., except such lease or sublease shall not be subject to the application,
17 advertisement, and bid requirements set forth in the public lease law.
18 (b) A private entity, in accordance with the public lease law, R.S.
19 41:1211 et seq., except that a private entity obligated under the terms of said
20 lease, sublease, or other agreement to undertake activities or to construct
21 improvements on the leased immovable property that will support the public
22 purposes of the department is subject to the following conditions:
23 (i) Such leases, subleases, or other agreements shall be negotiated and let
24 in accordance with fair and reasonable criteria established and applied relating
25 to a balance of factors including but not limited to rent, highest return of
26 revenue and benefits, financial stability of the lessee or sublessee, architectural
27 design, development and management of operational plan, uniqueness of
28 operation, and stimulating other economic activity and public benefits within
29 the state.
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1 (ii) Contracts entered into by a private lessee for the performance of
2 work on the leased premises or the erection, construction, or maintenance of
3 improvements on the leased premises shall not constitute public works contracts
4 as defined in R.S. 38:2211(A).
5 (iii) The architectural plans for such improvements shall be approved by
6 the secretary prior to construction on the leased or subleased property.
7 (iv) Such leases, subleases, and agreements shall be subject to R.S. 39:11
8 and R.S. 39:366.11.
9 (v) The provisions of the public lease law, R.S. 41:1211 et seq., shall not
10 be applicable to lease agreements with such private entity obligated under the
11 terms of the lease agreement to undertake activities or construct improvements
12 on the leased premises that will support the public purposes of the department
13 and shall not be applicable to mineral leases, timber leases, or to leases of lands
14 for exploration or extraction of minerals.
15 (10) Terminate the lease, sublease, concession agreement, contract, or
16 other privilege of any person who files a federal or state trademark or service
17 mark application for a trademark or service mark that incorporates or implies
18 an association with a holding of the department or its historical, cultural, or
19 recreational resources or who makes a legal claim or assertion to have a
20 trademark or service mark in violation of this Section. Any such person shall
21 be disqualified from future concession agreements, leases, contracts, and
22 privileges granted by the department. Any such person shall be responsible for
23 the state's attorney fees, costs, and expenses associated with that termination,
24 opposition, cancellation, and disqualification.
25 Section 2. R.S. 56:1687(6) and (9) are hereby amended and reenacted to read as
26 follows:
27 §1687. Secretary, Department of Culture, Recreation and Tourism; powers
28 The secretary of the Department of Culture, Recreation and Tourism may:
29 * * *
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1 (6) Sell, lease, or sublease lands under the jurisdiction of the office of state
2 parks when he believes it advantageous to the state to do so in the most orderly
3 development and improvement of the office of state parks holdings but only after
4 receiving approval for such sale, lease, or sublease by the legislature of the state of
5 Louisiana and only after publishing an advertisement in the official journal of the
6 parish or parishes in which such land is located, setting forth a description of the
7 lands to be sold, leased, or subleased; the time when bids therefor will be received,
8 and a short summary of the terms, conditions, and purposes of said sale, lease, or
9 sublease to be executed. The advertisement required by this Paragraph shall be
10 published once a week for three different weeks in a newspaper in the locality, the
11 first advertisement to appear at least fifteen days before the opening of bids;
12 however, when the advertisement is published in a daily newspaper in the locality,
13 the advertisement shall be published three times within ten days before the opening
14 of bids. However, leases of lands to a state agency or a political subdivision of the
15 state shall not require the advertisement provided in this Paragraph. Furthermore, the
16 provisions of this Paragraph shall not apply to mineral leases or to leases of lands for
17 exploration or extraction of minerals in accordance with the sale and lease laws
18 of public lands of the state of Louisiana and the provisions of R.S. 36:204.
19 * * *
20 (9) Charge a fee and collect rents and other payments for the leasing of
21 concessions or granting of other privileges in or on an office of state parks holding.
22 Additionally, the secretary may grant concession leases or lease rights for operating
23 concessions on such holdings for an initial period not to exceed five years and an
24 additional two-year period upon the option of the secretary. Such leases shall
25 otherwise be granted in accordance with the applicable requirements of the public
26 bid law of the state, state procurement laws, and procedures of the Division of
27 Administration, and other applicable provisions of law that govern the granting
28 of leases, concessions, or other privileges on such holdings.
29 * * *
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1 Section 2. This Act shall become effective upon signature by the governor or, if not
2 signed by the governor, upon expiration of the time for bills to become law without signature
3 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4 vetoed by the governor and subsequently approved by the legislature, this Act shall become
5 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
SB 143 Original 2017 Regular Session Chabert
Present law requires, under most circumstances, that the sale, lease, or sublease of state park
lands be approved by the legislature and that notice of such sale be properly advertised.
Proposed law removes the legislative approval requirement, but requires that such sale,
lease, or sublease of state park lands comply with applicable provisions of the sale and lease
laws of public lands of the state.
Proposed law authorizes the secretary of the Dept. of Culture, Recreation and Tourism
(CRT) to grant leases, subleases, and concession leases on any portion of the immovable
property under the CRT's supervision, jurisdiction, or management to any of the following:
(1)A public body, in accordance with the public lease law, except that such lease or
sublease shall not be subject to the application, advertisement, and bid requirements
set forth in the public lease law.
(2)A private entity, in accordance with the public lease law, except that a private entity
obligated under the terms of said lease, sublease, or other agreement to undertake
activities or to construct improvements on the leased immovable property that will
support the public purposes of CRT is subject to the following conditions:
(a)Such leases, subleases, or other agreements shall be negotiated and let in
accordance with fair and reasonable criteria established and applied relating
to a balance of factors including but not limited to rent, highest return of
revenue and benefits, financial stability of the lessee or sublessee,
architectural design, development and management of operational plan,
uniqueness of operation, and stimulating other economic activity and public
benefits within the state.
(b)Contracts entered into by a private lessee for the performance of work on the
leased premises or the erection, construction, or maintenance of
improvements on the leased premises shall not constitute public works
contracts.
(c)The architectural plans for such improvements shall be approved by the
secretary prior to construction on the leased or subleased property.
(d)Such leases, subleases, and agreements shall be subject to the laws governing
the administration of state lands and cooperative endeavor agreements.
(e)The provisions of the public lease law shall not be applicable to lease
agreements with such private entity obligated under the terms of the lease
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agreement to undertake activities or construct improvements on the leased
premises that will support the public purposes of CRT and shall not be
applicable to mineral leases, timber leases, or to leases of lands for
exploration or extraction of minerals.
Proposed law further authorizes the secretary to terminate the lease, sublease, concession
agreement, contract, or other privilege of any person who files a federal or state trademark
or service mark application for a trademark or service mark that incorporates or implies an
association with a holding of the department or its historical, cultural, or recreational
resources or who makes a legal claim or assertion to have a trademark or service mark in
violation of proposed law. Proposed law disqualifies any such person from future concession
agreements, leases, contracts, and privileges granted by CRT. Proposed law provides that
any such person shall be responsible for the state's attorney fees, costs, and expenses
associated with that termination, opposition, cancellation, and disqualification.
Present law authorizes the secretary to charge a fee for the leasing of concessions or other
privileges in or on an office of state parks holding.
Proposed law retains present law, but further authorizes the secretary to collect rents and
other payments for the leasing of concessions or granting of other privileges in or on an
office of state parks holding.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 36:204(B)(6) and R.S. 56:1687(6) and (9); adds R.S. 36:204(B)(9) and (10))
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