RÉSUMÉ DIGEST
ACT 190 (SB 143) 2017 Regular Session Chabert
Prior law required 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.
New 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.
Prior law provided requirements for the leasing of public lands, including application,
advertisement, and bidding.
New 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 prior law
related to the leases of public lands will not apply to a lease with a public body under
the new law.
(2)A private entity. The provisions of prior law related to the leases of public lands will
not apply to a mineral or timber lease with a private entity under the new 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 prior 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 new 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.
New 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.
New law disqualifies any such person from future concession agreements, leases, contracts,
and privileges granted by CRT. New 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. Prior law authorized the secretary to charge a fee for the leasing of concessions or other
privileges in or on an office of state parks holding.
Prior law provided 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.
New law retains prior 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 (June 12, 2017).
(Amends R.S. 36:204(B)(6) and R.S. 56:1687(6) and (9); adds R.S. 36:204(B)(9) and (10))