The original instrument was prepared by Alan Miller. The following digest, which
does not constitute a part of the legislative instrument, was prepared by J. W. Wiley.
DIGEST
SB 143 Reengrossed 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.
Present law provides requirements for the leasing of public lands, including application,
advertisement, and bidding.
Proposed law authorizes the secretary of the Dept. of Culture, Recreation and Tourism (CRT) to
grant leases, subleases, and concession leases and enter any related contract or agreement on any
portion of the immovable property under the CRT's supervision, jurisdiction, or management except
the Lower Pontalba Building to any of the following:
(1)A public body. The application, advertisement, and bid requirements of present law related
to the leases of public lands will not apply to a lease with a public body under the proposed
law.
(2)A private entity. The provisions of present law related to the leases of public lands will not
apply to a mineral or timber lease with a private entity under the proposed law. If a private
entity is obligated under the terms of a lease to undertake activities or to construct
improvements on the leased immovable property that will support the public purposes of the
department, the provisions of present law related to the leases of public lands will not apply
to the lease, but such a lease is subject to the following conditions:
(a)Such lease will 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)A lease 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 will not constitute a contract for public works.
(c)The architectural plans for such improvements will be approved by the secretary prior to construction on the leased or subleased property.
(d)Such leases will be subject to the laws governing the administration of state lands and
cooperative endeavor agreements.
(3)The provisions of proposed law will not impair or diminish the priority established for
individuals who are blind, under the administration of the Louisiana Rehabilitation Services,
in the operation of vending stands, vending machines, cafeterias, or other food concessions.
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.
Proposed law disqualifies any such person from future concession agreements, leases, contracts, and
privileges granted by CRT. Proposed law provides that any such person will 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.
Present law provides for priority and certain fee exemptions to individuals who are blind and operate
vending stands, vending machines, cafeterias, and other small business concessions in public
buildings or premises.
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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to the
original bill
1. Makes technical changes.
2. Adds provision that leases, subleases, concession leases, and any related contract or
agreement will be referred to as a lease. 3. Exempts the Lower Pontalba Building from the secretary's authority to grant leases
of immovable property under CRT's supervision. Senate Floor Amendments to engrossed bill
1. Adds provision for priority and exemption to individuals who are blind and operate
certain concessions in public buildings and premises.