2017 Regular Session ENROLLED
SENATE BILL NO. 143
BY SENATOR CHABERT AND REPRESENTATIVES STEVE CARTER, DAVIS,
GISCLAIR AND STOKES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
18 located setting forth a description of the lands to be sold, leased, or subleased; the
19 time when bids therefor will be received; and a short summary of the terms,
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1 conditions, and purpose of said sale, lease, or sublease to be executed. The
2 advertisement required by this Section shall be published once a week for three
3 different weeks in a newspaper in the locality, the first advertisement to appear at
4 least fifteen days before the opening of bids; however, when the advertisement is
5 published in a daily newspaper in the locality, the advertisement shall be published
6 three times within ten days, the first advertisement to appear at least ten days before
7 the opening of bids in accordance with the applicable provisions of the sale and
8 lease laws of public lands of the state of Louisiana.
9 * * *
10 (9) Grant leases, subleases, and concession leases and enter any related
11 contract or agreement, hereafter in this Paragraph collectively referred to as a
12 "lease", on any portion of the immovable property under the department's
13 supervision, jurisdiction, or management except the Lower Pontalba Building
14 to any of the following:
15 (a) A public body. The application, advertisement, and bid requirements
16 set forth in Part I of Chapter 10 of Title 41 of the Louisiana Revised Statutes of
17 1950 shall not apply to such a lease.
18 (b) A private entity. The provisions of Part I of Chapter 10 of Title 41 of
19 the Louisiana Revised Statutes of 1950 shall not apply to a mineral or timber
20 lease with a private entity. If a private entity is obligated under the terms of a
21 lease to undertake activities or to construct improvements on the leased
22 immovable property that will support the public purposes of the department,
23 the provisions of Part I of Chapter 10 of Title 41 of the Louisiana Revised
24 Statutes of 1950 shall not apply to the lease, but such a lease is subject to the
25 following conditions:
26 (i) Such a lease shall be negotiated and let in accordance with fair and
27 reasonable criteria established and applied relating to a balance of factors
28 including but not limited to rent, highest return of revenue and benefits,
29 financial stability of the lessee or sublessee, architectural design, development
30 and management of operational plan, uniqueness of operation, and stimulating
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1 other economic activity and public benefits within the state.
2 (ii) A lease entered into by a private lessee for the performance of work
3 on the leased premises or the erection, construction, or maintenance of
4 improvements on the leased premises shall not constitute a contract for public
5 work as defined in R.S. 38:2211(A).
6 (iii) The architectural plans for such improvements shall be approved by
7 the secretary prior to construction on the leased or subleased property.
8 (iv) Such leases shall be subject to R.S. 39:11 and R.S. 39:366.11.
9 (c) The provisions of this Paragraph shall not impair or diminish the
10 priority established for individuals who are blind, under the administration of
11 the Louisiana Rehabilitation Services, in the operation of vending stands,
12 vending machines, cafeterias, or other food concessions.
13 (10) Terminate the lease, sublease, concession agreement, contract, or
14 other privilege of any person who files a federal or state trademark or service
15 mark application for a trademark or service mark that incorporates or implies
16 an association with a holding of the department or its historical, cultural, or
17 recreational resources or who makes a legal claim or assertion to have a
18 trademark or service mark. Any such person shall be disqualified from future
19 concession agreements, leases, contracts, and privileges granted by the
20 department. Any such person shall be responsible for the state's attorney fees,
21 costs, and expenses associated with that termination, opposition, cancellation,
22 and disqualification.
23 Section 2. R.S. 56:1687(6) and (9) are hereby amended and reenacted to read as
24 follows:
25 §1687. Secretary, Department of Culture, Recreation and Tourism; powers
26 The secretary of the Department of Culture, Recreation and Tourism may:
27 * * *
28 (6) Sell, lease, or sublease lands under the jurisdiction of the office of state
29 parks when he believes it advantageous to the state to do so in the most orderly
30 development and improvement of the office of state parks holdings but only after
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1 receiving approval for such sale, lease, or sublease by the legislature of the state of
2 Louisiana and only after publishing an advertisement in the official journal of the
3 parish or parishes in which such land is located, setting forth a description of the
4 lands to be sold, leased, or subleased; the time when bids therefor will be received,
5 and a short summary of the terms, conditions, and purposes of said sale, lease, or
6 sublease to be executed. The advertisement required by this Paragraph shall be
7 published once a week for three different weeks in a newspaper in the locality, the
8 first advertisement to appear at least fifteen days before the opening of bids;
9 however, when the advertisement is published in a daily newspaper in the locality,
10 the advertisement shall be published three times within ten days before the opening
11 of bids. However, leases of lands to a state agency or a political subdivision of the
12 state shall not require the advertisement provided in this Paragraph. Furthermore, the
13 provisions of this Paragraph shall not apply to mineral leases or to leases of lands for
14 exploration or extraction of minerals in accordance with the sale and lease laws
15 of public lands of the state of Louisiana and the provisions of R.S. 36:204.
16 * * *
17 (9) Charge a fee and collect rents and other payments for the leasing of
18 concessions or granting of other privileges in or on an office of state parks holding.
19 Additionally, the secretary may grant concession leases or lease rights for operating
20 concessions on such holdings for an initial period not to exceed five years and an
21 additional two-year period upon the option of the secretary. Such leases shall
22 otherwise be granted in accordance with the applicable requirements of the public
23 bid law of the state, state procurement laws, and procedures of the Division of
24 Administration, and other applicable provisions of law that govern the granting
25 of leases, concessions, or other privileges on such holdings, including R.S.
26 23:3023.
27 * * *
28 Section 3. This Act shall become effective upon signature by the governor or, if not
29 signed by the governor, upon expiration of the time for bills to become law without signature
30 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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1 vetoed by the governor and subsequently approved by the legislature, this Act shall become
2 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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