Louisiana 2010 2010 Regular Session

Louisiana House Bill HB1150 Engrossed / Bill

                    HLS 10RS-763	ENGROSSED
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Regular Session, 2010
HOUSE BILL NO. 1150
BY REPRESENTATIVE ABRAMSON
PROPERTY/PUBLIC:  Prohibits the transfer or lease of the NOAH property by the state
AN ACT1
To provide for the transfer or lease of certain state property in Orleans Parish from the2
division of administration and to provide for specific use of the property.3
Be it enacted by the Legislature of Louisiana:4
Section 1. The commissioner of administration, notwithstanding any other provision5
of law to the contrary, is hereby, for one year from the effective date of this Act, prohibited6
from conveying, transferring, assigning, leasing, or delivering any interest, including mineral7
rights, the state may have in the property described in this Section known as the New8
Orleans Adolescent Hospital (NOAH).  However, the prohibition provided for in this Section9
shall not apply if such conveyance, transfer, assign, lease, or delivery is approved in writing10
by the LSU Board of Supervisors.11
Beginning at a 3 inch iron pipe set 8 inches above ground on the Northeast corner of12
the intersection of Henry Clay Street and Leake Avenue in the city of New Orleans,13
Louisiana, and distant 2 feet 7 inches and 2 eighths inch (2.7.2) southwesterly of the14
disk center in an ancient white marble stone 12 inches by 21 inches, said disk the15
U.S.C. and C. S. Disk A96, and distant 1 foot 3 inches and 0 eights inch (1.3.0)16
southeasterly of said disk center, being the place beginning and bearing thence South17
72 degrees 59 minutes 15 seconds east 961 feet 8 inches and 2 eighths inch (961.8.2)18
to a point of curve, thence along the curve with no are 110 feet 5 inches and 519
eighths inch (110.5.5) lying along the north side of Leake Avenue and with radius20
900.37 feet with center northerly from end of curve, which curve end is at a 1 inch21
iron pipe set on the Northwest corner of the intersection of Leake Avenue and State22
Street and distant 3 feet 9 inches and 5 eighths inch (3.9) northeasterly of a point and23
0 feet 1 inch and 6 eighths inc (0.1.6) northwesterly from the same point on an24 HLS 10RS-763	ENGROSSED
HB NO. 1150
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ancient white marble stone (LS) 12 inches by 18 inches, thence North 17 degrees 551
minutes 31 seconds East 680 feet 5 inches and 7 eighths inch (680.5.7) along the2
West side of State Street to a point in an ancient 12 inch by 12 inch granite stone 73
inches high set in a 13 inch brick fence wall corner on the Southwest corner of the4
intersection of State Street and Tchoupitoulas Street, thence North 65 degrees 355
minutes 25 seconds just 494 feet 5 inches and 2 eighths inch (494.5.2) to a point in6
an ancient granite stone 9 inches by 18 inches set in a 13 inch brick fence wall at the7
property corner being on the Southeast corner of the intersection of Tchoupitoulas8
Street and Henry Clay Street, thence south 21 degrees 40 minutes 10 seconds West9
773 feet 0 inches and 7 eighths inch (773.0.7) to the place beginning, the property10
contains 17.22 acres, more or less.11
Section 2.  Pursuant to a Quitclaim Deed dated December 16, 1981, between the12
United States of America and the state of Louisiana, the property described in Section 113
herein was transferred to the state with specific conditions, which shall be binding on the14
state, its successors and assigns that for a period of thirty years from the date of the deed, the15
property shall be used continuously as a general health care facility providing a range of16
services to the population within its service area. In December 2011, the thirty-year17
stipulation will terminate and be extinguished.18
Section 3. On March 10, 2003, the commissioner of administration transferred and19
reallocated from the Department of Health and Hospitals to the LSU Health Sciences Center20
in New Orleans the property described in Section 1 herein with the stipulations described in21
Section 2 herein.  Upon termination of the thirty-year stipulation, the commissioner of22
administration shall require that the property described in Section 1, herein under the23
administration, management, operation, and responsibility of the LSU Health Sciences24
Center shall continue to be used as a facility for health care or health care education. In25
addition, any conveyance, transfer, assign, lease, or delivery of the property described in26
Section 1 herein shall contain a reversion clause providing that, in the event the property is27
not administered, managed, and operated as a facility for health care or health care28
education, title and control of such property shall immediately revert to and vest in the state.29 HLS 10RS-763	ENGROSSED
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Section 4. The commissioner of administration and the LSU Board of Supervisors,1
on behalf of the state of Louisiana, is hereby authorized to enter into such agreements,2
covenants, conditions, and stipulations and to execute such documents as are necessary to3
comply with the conditions described in Section 3 herein, and as more specifically described4
in any such agreements entered into and documents executed by the commissioner of5
administration and the LSU Health Sciences Center in New Orleans.6
Section 5. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana.  If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
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)]
Abramson	HB No. 1150
Abstract: Provides for the commissioner of administration transferring, conveying , or
leasing NOAH in Orleans Parish and requires that the property be used as a facility
for health care or health care education. 
Proposed law prohibits the commissioner of administration from transferring, conveying
or leasing certain property known as the "New Orleans Adolescent Hospital" in Orleans
Parish for one year, unless approved by the LSU Board of Supervisors. Further requires the
property be used as a facility for health care or health care education.
Proposed law requires that any conveyance or lease of the property contain a reversionary
clause requiring the property to be operated as a facility for health care or health care
education.
Effective upon signature of governor or lapse of time for gubernatorial action.
Summary of Amendments Adopted by House
Committee Amendments Proposed by 	House Committee on Natural Resources and
Environment to the original bill.
1. Limited prohibition on conveying or leasing the property to one year from the
effective date of this Act.
2. Allowed conveying or leasing within the one-year prohibition if approved by the
LSU Board of Supervisors.
3. Removed the authority of the LSU Health Science Center in New Orleans to
lease the property. HLS 10RS-763	ENGROSSED
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4. Changed the required use of the property from a health care services and in-
patient mental health care for  adolescents and children to a facility for health
care or health care education. 
5. Added a reversionary clause to any conveyance or transfer of the property that
requires the property to be operated as a facility for health care or health care
education.