Louisiana 2024 2024 Regular Session

Louisiana House Bill HB281 Engrossed / Bill

                    HLS 24RS-550	ENGROSSED
2024 Regular Session
HOUSE BILL NO. 281
BY REPRESENTATIVE CREWS
AIRCRAFT/AIRPORTS:  Removes the ten year lease provision and the associated
exceptions for airport facilities
1	AN ACT
2To amend and reenact R.S. 2:135.1(B), relative to airport facility leases; to repeal provisions
3 for consideration to be paid monthly or annually; to repeal the provision for leases
4 not to exceed ten years along with the associated exceptions; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 2:135.1(B) is hereby amended and reenacted to read as follows: 
8 ยง135.1.  Authority to equip, improve, establish fees and charges, and lease airport
9	facilities
10	*          *          *
11	B.(1)(a)  The public bid requirement provided for by in Paragraph (A)(3) of
12 this Section shall be at the option of the sponsor when such sponsor is leasing
13 operations space of less than two hundred fifty square feet.
14	(b) (2)  The advertisements shall set forth a description of the property to be
15 leased, the time when bids therefor will be received, and a short summary of the
16 terms, conditions, and purposes of the lease to be executed.  The public bids
17 provided for in this Part shall be secret, sealed bids and shall be mailed or delivered
18 to the lessor at its domicile address.  The advertisements provided for in this Section
19 shall constitute judicial advertisements and legal notices as required in accordance
20 with the provisions of Chapter 5 of Title 43 of the Louisiana Revised Statutes of
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-550	ENGROSSED
HB NO. 281
1 1950.  At the date and hour mentioned in the advertisement for consideration of bids,
2 the bids shall be publicly opened by the lessor at its office.
3	(c) (3)  The lessor shall accept only the highest bid submitted which yields
4 the greatest benefits to the public in services and financial return to it by a person or
5 persons who meet all of the conditions of this Part.  The lessor shall have the right
6 to reject all bids.
7	(d) (4)  The lessor may execute any lease granted under such terms and
8 conditions that it deems proper or as otherwise provided in this Part.
9	(e) (5)  All leases signed by the lessor shall be executed in sufficient
10 counterparts to be disposed of as follows:  one copy shall be furnished to the lessee;
11 one copy shall be recorded in the conveyance records of each parish in which the
12 land lies; one copy shall be furnished to the secretary of the Louisiana Department
13 of Transportation and Development; and one copy shall be retained in the records of
14 the lessor.
15	(2)  All leases executed under the provisions of this Section shall provide for
16 consideration to be paid annually or monthly as provided for in the lease.  All leases
17 shall be for a period not exceeding ten years, except as follows:
18 (a)  A lessor may grant an option to extend the primary lease for an
19 additional period of not more than ten years to any lessee who leases such land or
20 holds a ten-year lease in full force on or after August 15, 1999, when such lessee has,
21 within the ten-year term of the lease, added or contracted for permanent
22 improvements to be constructed or placed on or made to the land in the amount of
23 not less than twenty thousand dollars, has provided written notification to the lessor
24 of his desire to extend the primary lease, and has provided a proper showing that
25 such improvements have in fact been made or contracted for.
26	(b)  When a lease provides for the addition or construction of improvements
27 on or to the land to a value in excess of sixty thousand dollars for non-air carrier
28 airports or one hundred thousand dollars for air carrier airports, and further provides
29 that such improvements will become the property of the lessor without any cost to
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-550	ENGROSSED
HB NO. 281
1 the lessor, the lessor may grant an option to the lessee to extend the primary term of
2 the lease for an additional ten-year period, or part thereof, for each sixty thousand
3 dollars of improvements or additions for non-air carrier airports or one hundred
4 thousand dollars worth of improvements or additions for air carrier airports made on
5 or to the land, not to exceed a maximum term of one hundred years.
6	(c)  The provisions of this Paragraph shall not apply to the Vivian Municipal
7 Airport or the Shreveport Downtown Airport.
8	*          *          *
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 281 Engrossed 2024 Regular Session	Crews
Abstract:  Repeals provisions for consideration to be paid monthly or annually and
provision for leases not to exceed 10 years along with the associated exceptions.
Present law provides for consideration to be paid annually or monthly according to the terms
of the lease and for the period of the lease to not exceed 10 years.
Proposed law repeals present law.
Present law provides an exception for leases to exceed 10 years by 10 additional years for
at least $20,000 worth of improvements made when the lessor is notified of the desire to
extend the lease.
Proposed law repeals present law.
Present law provides exceptions for extending a lease by ten years per $60,000 or $100,000
spent for construction or improvements that exceed $60,000 for non-air carrier airports or
$100,000 for air carrier airports, respectively.
Proposed law repeals present law.
Present law provides an exception to present law applicable to the Vivian Municipal Airport
or the Shreveport Downtown Airport.
Proposed law repeals present law.
(Amends R.S. 2:135.1(B))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.