La. Admin. Code tit. 25 § IX-601

Current through Register Vol. 50, No. 9, September 20, 2024

Section IX-601 - Procedures and Guidelines

A. The purpose of the section is to establish a policy to allow limited types of advertising and sponsorship on assets owned or controlled by OSP to raise revenue for increased self-sufficiency and for the implementation of new opportunities and amenities for the public's benefit.

1. The agency recognizes that entering into a sponsorship agreement with an external entity does not constitute an endorsement of the entity or its services and products but does imply an affiliation. Such affiliation can affect the reputation of the state among its citizens and its ability to govern effectively. Therefore, any proposal for sponsorship of a state program or service in which the involvement of an outside entity compromises the public's perception of the state's neutrality or its ability to act in the public interest will be rejected.

B. The agency may issue solicitations or notices to secure contracts to determine the market potential for advertisements or sponsorships or to place advertisements or sponsorship signs on agency assets.

1. The responses will be reviewed by a committee appointed by the assistant secretary, and the most suitable proposals, as determined by the committee, may be selected.

2. The committee has the discretion to make reasonable recommendations to the assistant secretary concerning the types of advertising or sponsorship that may be displayed utilizing the criteria established herein.

3. The assistant secretary shall have final discretion regarding which proposals are selected. Selections shall be made for those advertisements or sponsorships that do not impact or infringe upon the image or reputation of the agency.

4. The agency may limit the number and type of assets available for advertising or sponsorship signs.

5. The agency may limit the authorization to advertise or to place sponsorship signs among the agency's divisions, sections, programs and initiatives.

6. The agency may limit the terms and conditions of the contract with an advertiser or sponsor.

C. The agency shall consider the following criteria before entering into a sponsorship agreement:

1. Whether the sponsorship is consistent with the goals, objectives, and mission of the agency and the current priorities that support these goals, objectives, and mission; and:

a. the importance of the sponsorship to the mission of the agency;

b. the extent and prominence of the public display of sponsorship;

c. aesthetic characteristics of the public display of sponsorship;

d. the cooperation necessary from the agency to implement the sponsorship;

e. any inconsistencies between the agency's policies and the known policies of the potential sponsor; and

f. other factors that might undermine public confidence in the agency's impartiality or interfere with the efficient delivery of agency services or operations, including, but not limited to, current or potential conflicts of interest, or perception of a conflict of interest, between the sponsor and agency employees, officials, or affiliates; and the potential for the sponsorship to tarnish the state's standing among its citizens or otherwise impair the ability of the state to govern its citizens.

2. The amount of the approved financial or in-kind support is at the discretion of the agency.

3. Sponsorship agreements shall include a termination clause giving the agency the right to end such agreement at any time based on any of the following:

a. safety concerns;

b. a determination that the sponsorship agreement or acknowledgement is not in the public interest;

c. for the convenience of the agency.

D. The advertisement or sponsorship content shall only include content that promotes or informs a commercial transaction. Only commercial advertising or sponsorships that are tasteful, visually appealing with inoffensive content will be accepted.

1. No content promoting illegal activity or obscene, vulgar or offensive conduct shall be allowed.

2. No political advertising shall be allowed.

3. No content that demeans or disparages individuals or groups shall be allowed.

4. No advertising or sponsorship signs of adult-oriented products shall be allowed.

5. The advertising or sponsorship should not be so controversial that it can promote vandalism of advertising or sponsorship materials and associated agency property.

E. Advertising or sponsorship signs may be placed on immovable property, improvements on immovable property, vehicles, watercraft, and other assets of the agency, including but not limited to websites, social media platforms, pamphlets, brochures and other outreach, communications, and educational materials.

1. The agency will maintain full ownership of any sponsored product, event, and asset.

2. The agency shall maintain all authorship rights to publications.

3. The sponsoring organization is not permitted to charge fees for state owned products, events, or access to state property.

4. The sponsoring organization is not permitted to alter publications or other property without the written permission of the agency.

F. Advertising or sponsorship signs shall not be placed in a manner that could interfere or confuse the identification of the agency's ownership or control of the asset.

1. Specification regarding the size, types, duration, and placement of advertisements and sponsorship signs will be negotiated and finally approved by the assistant secretary conforming with the mission of the agency.

2. On vehicles, watercrafts, and other assets of the agency traditionally utilized in the transport of personnel or equipment, advertising or sponsorship signs may be placed on the inside or the outside of the equipment. However, the display shall not be placed in such a manner that is impedes the asset's safe utilization or operation.

a. Advertising or sponsorship signs shall not be allowed on vehicles, watercrafts and other assets traditionally utilized in the transport of personnel and equipment that are under the control or operation of OSP law enforcement positions.

3. The advertiser or sponsor will be required by the agency to submit and maintain detailed plans and provisions for any advertising or sponsorship signs that require a power source, such as electronics or LED lighting.

a. The use of powered advertising or sponsorship devices shall not have any adverse effect on the safety and functionality of the asset. If the safety and functionality of the asset is compromised after installation, the signs shall be removed.

G. OSP shall prepare and submit timely reports in accordance with R.S. 36:204(B)(11)(c).

La. Admin. Code tit. 25, § IX-601

Promulgated by the Department of Culture, Recreation and Tourism, Office of State Parks, LR 50478 (4/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:204 (B)(11).