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 679 Original 2020 Regular Session Nelson
Abstract: Provides for certain limitations on the powers granted to the secretary of the Dept. of
Culture, Recreation and Tourism with respect to the sell and lease of immovable property.
Present law (R.S. 36:204 and R.S. 56:1687) provides generally for the powers and duties of the
secretary of the Dept. of Culture, Recreation and Tourism (department), including the authority to
sell state park lands. Authorizes the secretary to sell such lands in accordance with the applicable
provisions for the sale of the state's public lands.
Proposed law instead authorizes the secretary to sell state owned immovable property located within
the boundaries of a state park, in accordance with the applicable provisions for the sale of the state's
immovable property. Additionally makes such sales subject to legislative approval.
Present law authorizes the secretary to grant leases, subleases, and concession leases and to enter any
related contract or agreement on any portion of immovable property under the department's
supervision, jurisdiction, or management, except the Lower Pontalba Building to any public or
private entity.
Proposed law removes the authority granted to the secretary to enter into related contracts or
agreements. Proposed law otherwise retains present law.
Present law provides that the application, advertisement, and bid requirements of present law (R.S.
41:1211 et seq.) relative to the lease of public lands do not apply to a lease of immovable property
granted by the secretary to a public entity or to a mineral or timber lease granted to a private entity.
Proposed law provides instead that leases of immovable property shall be granted in accordance with
the applicable provisions of law for the lease of the state's immovable property.
Present law provides that if a private entity is obligated under the terms of a lease to undertake
activities or to construct improvements on the property that will support the public purposes of the
department, the lease is subject to the following conditions:
(1)The 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, and
architectural design. (2)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 work.
(3)The architectural plans for such improvements shall be approved by the secretary prior to
construction on the leased or subleased property.
(4)Such leases are subject to the laws governing the administration of state lands and
cooperative endeavor agreements.
Proposed law provides instead that if a private entity is obligated under the terms of a lease to
construct improvements on the leased immovable property, the architectural plans for the
improvements are subject to the approval of the secretary prior to construction. Further provides that
if a lease authorizes a private entity to construct improvements on any leased immovable property
located within the boundaries of a state park, the lease is subject to legislative approval.
Proposed law retains present law provision that no lease entered into by a private entity for the
performance of work on the leased immovable property, or for the erection, construction, or
maintenance of improvements on the leased immovable property, shall constitute a contract for
public work as defined in R.S. 38:2211(A).
Present law provides that it is not the intent of present law to 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 retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 36:204(B)(6) and (9))