HLS 10RS-763 ENGROSSED Page 1 of 4 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 Page 2 of 4 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 HB NO. 1150 Page 3 of 4 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 HB NO. 1150 Page 4 of 4 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.