CHAPTER 3. LEASING OF STATE LAND FOR LODGING AND FOOD FACILITIES

IC 14-18-3
    Chapter 3. Leasing of State Land for Lodging and Food Facilities

IC 14-18-3-1
Legislative intent
    Sec. 1. It is the intent and purpose of this chapter to do thefollowing:
        (1) Provide means for the construction of adequate food andlodging facilities for the guests of Indiana state parks andrecreation areas without the expenditure of public money.
        (2) Solicit and encourage the use of private capital to providefood and lodging facilities.
        (3) Provide more attractive recreational facilities for touristsseeking vacation sites in Indiana.
As added by P.L.1-1995, SEC.11.

IC 14-18-3-2
Lease and contract powers of department
    Sec. 2. (a) The department may do the following:
        (1) Lease state owned land that is under the management andcontrol of the department.
        (2) Lease federally owned land that is under the control andmanagement of the department.
        (3) Contract for the construction and operation of lodging andfood facilities on the leased land.
    (b) If the department determines that action under subsection (a)would be in the best interests of the state park system, the lease andcontract may be negotiated and executed in the manner prescribed bythis chapter in addition to the methods permitted by other statutes.
As added by P.L.1-1995, SEC.11.

IC 14-18-3-3
Contents of lease and contract
    Sec. 3. (a) A lease and contract authorized by section 2 of thischapter must include in its terms the following provisions andconditions:
        (1) The legal description of the leasehold.
        (2) The term of the lease, which may not exceed forty (40)years.
        (3) A stipulation that the lessor shall build and maintain accessroads to a lodging and food facility constructed and operated bythe lessee.
        (4) Specifications controlling the construction of any lodgingand food facility to be constructed and operated by a lessee thatstate the following:
            (A) The number and size of sleeping rooms and bathroomfacilities.
            (B) The size and capacity of the kitchen and dining facilities.
            (C) The size of patio, lobby, lounge, and meeting roomareas.            (D) The type and quality of construction.
            (E) Other criteria and specifications that the departmentconsiders necessary and advisable.
        (5) The manner of payment of rental.
        (6) A stipulation that the department has control andsupervision over the following:
            (A) The maximum rates to be charged guests using thelodging and food facility.
            (B) The sanitary conditions of the facility.
            (C) The quality of food and service furnished the guests ofthe facility.
            (D) The structural maintenance of the facility.
        (7) The disposition of the leasehold and improvements at theexpiration of the lease.
        (8) A prohibition on the sale of alcoholic beverages on thepremises.
    (b) The lease and contract may prescribe other terms andconditions that the department considers necessary and advisable tocarry out the intent and purposes of this chapter.
As added by P.L.1-1995, SEC.11.

IC 14-18-3-4
Initial draft of proposed lease and contract; notice of hearing
    Sec. 4. (a) The department shall do the following:
        (1) Draft and distribute copies of the following to the hotel andmotel industry:
            (A) A proposed lease and contract.
            (B) A notice of the time and place that the department willhold a public hearing to consider the terms and conditions ofthe proposed lease and contract.
        (2) Submit a copy of the proposed lease to the office of tourismdevelopment.
    (b) The office of tourism development shall submit an evaluationand recommendations for amendments for consideration before thepublic hearing.
As added by P.L.1-1995, SEC.11. Amended by P.L.229-2005,SEC.14.

IC 14-18-3-5
Hearing on proposed lease and contract
    Sec. 5. (a) The department shall give at least sixty (60) daysnotice of the public hearing by publishing notice in a newspaper ofgeneral circulation in Indiana.
    (b) At the public hearing, the department shall receive objectionsand suggested amendments to the terms of the proposed lease andcontract from persons who are interested in leasing the land andconstructing lodging and food facilities.
As added by P.L.1-1995, SEC.11.

IC 14-18-3-6 Final draft of proposed lease and contract
    Sec. 6. Following the hearing under section 5 of this chapter, thedepartment shall do the following:
        (1) Prepare a final draft of the proposed lease and contract.
        (2) Submit the lease and contract to the attorney general.
As added by P.L.1-1995, SEC.11.

IC 14-18-3-7
Notice to bidders
    Sec. 7. If the attorney general approves the lease and contract, thedepartment shall give at least ten (10) days notice in a newspaper ofgeneral circulation in Indiana notifying the public and prospectivebidders of the time and place that the department will receive bids.
As added by P.L.1-1995, SEC.11.

IC 14-18-3-8
Interview of bidders
    Sec. 8. The department shall interview each bidder to discover theresources and experience of the bidder.
As added by P.L.1-1995, SEC.11.

IC 14-18-3-9
Award of lease to highest and best bidder
    Sec. 9. After the interview, the department may award the leaseto the highest and best bidder.
As added by P.L.1-1995, SEC.11.

IC 14-18-3-10
Execution of lease and contract
    Sec. 10. A lease and contract must be executed by the authorizedagents of the state and by the lessee.
As added by P.L.1-1995, SEC.11.

IC 14-18-3-11
Additional and supplemental authority
    Sec. 11. The authority granted to the department by this chapteris in addition and supplemental to the authority granted to thedepartment by IC 14-19-1-2.
As added by P.L.1-1995, SEC.11.