Amendment vs bill House Floor Amendment, #5773, Knox, Adopted vs Enrolled

Struck = removed from the bill ยท added = the amendment's new text.

Previous
Latest
Regular Session ENROLLED SENATE BILL NO.
HFASB385 4145 5773 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session Amendments proposed by Representative Knox to Reengrossed Senate Bill No.
385 BY SENATOR HARRIS AN ACT To amend and reenact Section 1 of Act No.
385 by Senator Harris AMENDMENT NO.
130 of the 1896 Regular Session of the Legislature, as amended by Act No.
1 DeletethesetofamendmentsbytheHouseCommitteeonMunicipal,ParochialandCultural Affairs (#5056) AMENDMENT NO.
395 of the 2006 Regular Session of the Legislature,ActNo.257ofthe2020RegularSessionoftheLegislature,andActNo.
2 Onpage4,line7,after"program."deletetheremainderofthelineanddeletelines8through 18 in their entirety Page 1 of 1 CODING:
613 of the 2024 Regular Session of the Legislature, and Sections 1 through 8 of Act No.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
569 of the 1989 Regular Session of the Legislature, as amended by Act No.
13 of the 1998 First ExtraordinarySession of the Legislature, Act No.
395 of the 2006 Regular Session of the Legislature, and Act No.
613 of the 2024 Regular Session of the Legislature, relative to the New Orleans City Park Police;
to provide for the authority, duties, commissioning, and trainingof the New Orleans CityParkPolice;
toprovidefortheadministrationoftheNewOrleansCityParkPolice;to providefor approvaloftheboardofcommissionersof the New Orleans CityParkImprovement Association;
to provide for board membership;
to provide for obligations of the board;
to provide for matters related to insurance for City Park;
and to provide for related matters.
Notice of intention to introduce this Act has been published.
Be it enacted by the Legislature of Louisiana:
Section 1.
Section 1 of Act No.
130 of the 1896 Regular Session of the Legislature, as amended byAct No.
395 of the 2006 Regular Session of the Legislature, Act No.
257 of the 2020 Regular Session of the Legislature, and Act No.
613 of the 2024 Regular Session Page 1 of 6 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
385 ENROLLED of the Legislature is hereby amended and reenacted to read as follows:
Section 1.
Be it enacted by the General Assembly of the State of Louisiana, That:
(A) The park in the City of New Orleans known as the "New Orleans City Park" be and is hereby placed under control and management of the "New Orleans CityParkImprovementAssociation"incorporatedunder thelawsoftheState,byan act before Felix J.
Dreyfous, Notary Public, on the 13th day of August, 1891.
(B)ThesecretaryoftheDepartmentofCulture,RecreationandTourismshall be a member of the board of commissioners of the New Orleans City Park Improvement Association.
The secretary may designate a person to serve as a member of the board of commissioners in his absence.
(C) The president of the Senate, or his designee, shall be a member of the boardofcommissionersoftheNewOrleansCityParkImprovementAssociationfor a term concurrent with his elected term.
(D) The speaker of the House of Representatives, or his designee, shall be a member of the board of commissioners of the New Orleans CityPark Improvement Association for a term concurrent with his elected term.
(E) The senator, or his designee, for the district in which New Orleans City Park lies shall be a member of the board of commissioners of the New Orleans City Park Improvement Association for a term concurrent with his elected term.
(F) The member of the House of Representatives, or his designee, for the district in which New Orleans City Park lies shall be a member of the board of commissioners of the New Orleans City Park Improvement Association for a term concurrent with his elected term.
(G) Members of the board of commissioners of the New Orleans City Park Improvement Association pursuant to Subsections (C), (D), (E), and (F) of this Section shall also serve as members of the governing authority of any nonprofit or not-for-profit firm, corporation, or entity that the New Orleans City Park Improvement Association contracts with for the operation, care, control, and management of the park and its facilities.
Page 2 of 6 Coding:
Words which are struck through are deletions from existing law;
Show all 101 changed rows (61 more)
Previous
Latest
words in boldface type and underscored are additions.
SB NO.
385 ENROLLED Section 2.
Sections 1 through 8 of Act No.
569 of the 1989 Regular Session of the Legislature, as amended by Act No.
13 of the 1998 First Extraordinary Session of the Legislature, Act No.
395 of the 2006 Regular Session of the Legislature, and Act No.
613 ofthe2024RegularSessionoftheLegislature,isamendedandreenactedtoreadasfollows:
Section 1.
A.(1) The New Orleans City Park Improvement Association, through its board of commissioners, is hereby vested with authority to and may contract with any nonprofit or not-for-profit firm, corporation, or entity, as more specifically provided in Section 2 of this Act, for the operation, care, control, and management of the park and its facilities or to contract with any such entity for any of such purposes for anyor all of such facilities.
(2)TheauthoritygrantedbythisSectionshallincludebutshallnotbelimited to the authority to contract for:
(a)Therecruiting,hiring,andemployingbythe contractorofsuchkinds and numbers of non-managerial employees to be managed, supervised, directed, and/or scheduled by the board or its designee as the board or its designee may direct from time to time.
(b)Theprocurementbythecontractorfortheparkortheboardofsuchgoods and/or services as the board or its designee may direct from time to time.
(3)(a) Any firm, corporation, or entity with which the board contracts as authorized by this Section shall be deemed to be a private entity and shall not be deemed to be an agent or agency of the state for purposes of provisions of law relative to procurementof goods and services,leases of facilities, or subcontracts to managefacilitiesorservices,includingbutnotlimitedtotheLouisianaProcurement Code(R.S.39:1551etseq.);Chapter17ofTitle39oftheLouisianaRevisedStatutes of 1950, relative to procurement of professional, personal, consulting, and social services;
Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, relative to public contracts;
and Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950, relative to leases of public lands.
Any such firm, corporation, or entity with which the board so contracts may be named as an additional insured on all general liability, property, automobile, employment practices liability, and workers' Page 3 of 6 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
385 ENROLLED compensation insurance plans that insure the New Orleans CityPark Improvement Association, including participation in the state risk management program.
(b) Notwithstanding any provision of this Section or of any other law to the contrary,nocontracttomanageservicesorfacilitiesrelatedto golfortennisshallbe entered into by the board or by any entity contracting with the board unless the contractor with whom the board or such entity contracts has been selected pursuant to a request for proposals designed to promote competition, and the proposals have been evaluated bya multimember selection committee.
B.
The board is prohibited from entering into any contract under the provisions of this Act which is for a purpose not in conformitywith the master plan for New Orleans City Park required by the provisions of Act No.
865 of the 1982 RegularSessionoftheLegislatureorwhichisotherwisenotinconformitywithsuch master plan.
C.
Anyagreement that the board may enter into in accordance with this Act may be a contract, lease, or combination contract and lease.
D.
The boardshall in its sole discretion determine the terms, conditions, and duration of any contract or lease entered into under the provisions of this Act.
Any contract or lease entered into by the board under the provisions of this Act shall contain a provision in such contract or lease that the contract or lease may be terminated by the board, with or without just cause, upon written notification to all parties in the contractor lease, which notification shall be given not less than ninety days prior to the termination.
Section2.
Onlyafirm,corporation,orentitythatisorganizedunderthelaws of the state of Louisiana shall be eligible to contract with the board under the provisions of this Act, and only a firm, corporation, or entity that is organized as a nonprofit or not-for-profit firm, corporation, or entity and which has as its primary purpose the betterment and improvement of New Orleans CityPark and has at least five hundred members shall be eligible to contract with the board under the provisions of this Act.
Section 3.
This Act shall be construed to grant the board the authority to Page 4 of 6 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
385 ENROLLED contractin a cooperative endeavor for the operation, care,control, and management of the park and its facilities, including anyor all facilities located in the park on the effective date of this Act and anyfuture facilities located in the park.
This authority shall extend to all lands and property for which management and control has been vested in the New Orleans City Park Improvement Association.
Section4.
Theboardshall havethe right toassignanyexistingcontractsthat it may have on the effective date of this Act to any contracting party under the provisionsofthisAct.ContractsregardingTadGormleyStadium,thePan-American Stadium,oranyotherstadiumconstructedinthefuture,ifassigned,shallbeassigned under the same terms and conditions existing on June 1, 1989.
Section 5.
The board shall have full authority to delegate to the nonprofit entityits abilityor authorityto collectanyrents,charges,admissions, orfaresit may be empowered to collect.
Section 6.
Any contractor shall have the full authority to hire its own employeestoprovideservicesunderacontractauthorizedbythis Act, including but not limited to anyservices formerlyprovided bythe employees of the New Orleans City Park Improvement Association or its board.
Section7.
Anycontractenteredinto under the provisions of this Actshall be deemed to be a cooperative endeavor under the provisions of Article VII, Section 14(C) of the Constitution of Louisiana.
Section 8.
Nothing in this Act No.
569 of the 1989 Regular Session of the Legislature,asamendedbyActNo.13ofthe1998FirstExtraordinarySessionofthe Legislature and Section 2 of the Act which originated as House Bill No.
744 of the 2006 Regular Session of the Legislature, shall be construed to affect or diminish, in any manner whatsoever, the rights, powers, and authority otherwise granted by law to the New Orleans City Park Improvement Association and its board of commissioners to manage and control New Orleans City Park, and the authority grantedtotheNewOrleansCityParkImprovementAssociationanditsboardbythis Act shall be in addition to anyrights, powers, and authorityotherwise granted to the association or the board by law.
The provisions of this Act shall be subject to the Page 5 of 6 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
385 ENROLLED provisions of R.S.
36:209 relative to the transfer of the New Orleans City Park Improvement Association and its board of commissioners to the Department of Culture, Recreation and Tourism.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 6 of 6 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.