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Regular Session, 2013
HOUSE BILL NO. 720 (Substitute for House Bill No. 595 by Representative Abramson)
BY REPRESENTATIVES ABRAMSON, MORENO, AND LEGER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PROPERTY/PUBLIC: Provides for the authority to transfer or lease certain state property
in Orleans Parish and St. Martin Parish
AN ACT1
To amend and reenact Sections 3, 4, and 5(A) of Act No. 867 of the 2012 Regular Session2
of the Legislature and to repeal Section 6 of Act No. 867 of the 2012 Regular3
Session of the Legislature, relative to the authorization to transfer certain state4
property in Orleans Parish and St. Martin Parish; to authorize the transfer of state5
property in Orleans Parish and St. Martin Parish; to repeal the requirement of certain6
conditions; to provide for reservation of mineral rights; to provide terms and7
conditions; to provide an effective date; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Sections 3, 4, and 5(A)(introductory paragraph) of Act No. 867 of the10
2012 Regular Session of the Legislature are hereby amended and reenacted to read as11
follows:12
Section 3. The commissioner of administration, notwithstanding any other13
provision of law to the contrary, is hereby authorized and empowered to convey,14
transfer, assign, lease or deliver any interest, excluding mineral rights, the state may15
have to all of any portion of the parcel of property described in Section 1 of this Act16
to the Children's Hospital, New Orleans.17
Section 4. The commissioner of administration is hereby authorized to enter18
into such agreements, covenants, conditions, and stipulations and to execute such19
documents as necessary to properly effectuate any conveyance, transfer, assignment,20 HLS 13RS-1924 ENGROSSED
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lease or delivery of title, excluding mineral rights, to the property described in1
Section 1 of this Act, and as more specifically described in any such agreements2
entered into and documents executed by and between the commissioner of3
administration and Children's Hospital, New Orleans, in exchange of consideration4
proportionate to at least the appraised value of the property.5
Section 5. A. The authority provided to the commissioner of administration6
in Section 3 and Section 6 of this Act shall be conditioned upon the agreement7
authorized by Section 4 and Section 6 of this Act containing the following8
provisions: (1) The that the property shall be administered, managed, and operated9
as a facility for health care, mental health care, or health care or mental health care10
education.11
(2) The portion of the property described in Section 1 of this Act that12
formerly housed the New Orleans Adolescent Hospital shall be administered,13
managed, and operated so as to provide mental health care including in-patient and14
out-patient services consistent with those services provided by the New Orleans15
Adolescent Hospital prior to 2010. Such services may be provided by a third party16
as more particularly provided for in the lease agreement.17
* * *18
Section 2. Section 6 of Act No. 867 of the 2012 Regular Session of the Legislature19
is hereby repealed in its entirety.20
Section 3. A. Children's Hospital, New Orleans consistent with the current best21
practices of delivery models, shall provide the total dollars necessary for the development22
and infrastructure to open:23
(1) At a minimum, an additional sixteen pediatric or adolescent behavior health care24
beds. If ninety percent of those additional beds become reserved or occupied, adding beds25
for pediatric or adolescent mental health care as consistent with the behavioral health needs26
of the region.27
(2) Behavioral health care services for children under five years of age.28
(3) Expansion of the Autism Center at Children's Hospital, New Orleans campus.29 HLS 13RS-1924 ENGROSSED
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(4) Inpatient-to-and out-patient behavioral transition care program.1
B.(1) The capital outlay funding in Act No. 23 of the 2012 R.S. allocated to the New2
Orleans Adolescent Hospital and for the dedicated related other mental health facilities shall3
be consolidated and reallocated to Children's Hospital, New Orleans. In consideration of the4
capital outlay finding, Children's Hospital, New Orleans shall, in good faith, make5
reasonable efforts to consider and provide the following additional services:6
(a) Substance abuse and medical detoxification services.7
(b) Longer term inpatient services with educational and therapeutic services.8
(c) Services for children and youth in the juvenile justice system, as appropriate.9
(d) Day treatment services.10
(2) Consideration of the additional services in Paragraph (1) of this Subsection shall11
be in consultation and collaboration with the appropriate stakeholders and shall take into12
account Medicaid and other funding. Children's Hospital, New Orleans and the Department13
of Health and Hospitals shall seek the most advantageous utilization of the increased bed14
capacity and the development of an inpatient-to-out-patient behavioral transition care15
program.16
C. Except as otherwise provided for in this Section, the services provided for in this17
Section may be located at any location in the city of New Orleans after holding a public18
hearing with an opportunity for public comment and Children's Hospital, New Orleans shall19
consider and make reasonable and practical efforts to accommodate legitimate concerns.20
Section 4. The commissioner of the division of administration, notwithstanding any21
other provision of law to the contrary, is hereby authorized and empowered to convey,22
transfer, assign, lease or deliver any interest, excluding mineral rights, the state may have23
to the following described properties to the adjacent landowners, but only upon the condition24
that the Atchafalaya Land Corporation or its successors in title reject their option to purchase25
their former interest pursuant to R.S. 41:1338:26
Parcels of land directly behind and adjacent to Lots 34, 35, 36, 37, 38, 39, 40, 41, 42,27
43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, and 58, not to exceed beyond28
the bank of a borrow pit canal or the extent of state ownership, located within29 HLS 13RS-1924 ENGROSSED
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Section 11, T9S-R7E, St. Martin Parish. Said lots are described on a plat by C.L.1
Jack Stelly dated April 3,1984, revised June 27, 1997, on file in the St. Martin Parish2
Courthouse, COB 1259 Folio 424, conveyance number 285081, reserving to the3
State a right-of-passage for the general public along the trail existing parallel and4
next to the borrow pit canal.5
Section 5. The commissioner of the division of administration is hereby authorized6
to enter into such agreements, covenants, conditions, and stipulations and to execute such7
documents as necessary to properly effectuate any conveyance, transfer, assignment, lease8
or delivery of title, excluding mineral rights, to the property described in Section 4 of this9
Act, and as more specifically described in any such agreements entered into and documents10
executed by and between the commissioner of the division of administration and the adjacent11
landowners, in exchange of consideration proportionate to the appraised value of the12
property.13
Section 6. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
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. 720
Abstract: Authorizes the transfer or lease of the New Orleans Adolescent Hospital to
Children's Hospital, New Orleans, removes requirement of certain conditions in a
lease agreement between the parties, and adds certain requirements.
Present law authorizes the LSU Board of Supervisors and LSU HSC to transfer certain state
property in Orleans Parish, known as the New Orleans Adolescent Hospital (NOAH), to the
division of administration. Present law authorizes the commissioner of administration to
lease the same state property in Orleans Parish to the Children's Hospital, New Orleans.
Proposed law adds the authorization to transfer the property to Children's Hospital, New
Orleans. HLS 13RS-1924 ENGROSSED
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Present law requires that any lease entered into by the commissioner under present law
contain the following provisions:
(1)The property shall be administered, managed, and operated as a facility for health
care, mental health care, or health care or mental health care education.
(2)The portion of the property shall be administered, managed, and operated so as to
provide mental health care including inpatient and outpatient services consistent with
those services formally provided by the NOAH prior to 2010. Such services may be
provided by a third party and as more particularly provided for in the lease
agreement.
Proposed law repeals the requirement that the property be administered, managed, and
operated so as to provide mental health care, including inpatient and outpatient services
consistent with those services formally provided by the NOAH prior to 2010.
Present law provides that if the property is not administered, managed, and operated as
provided in the conditions provided for in present law, the lease shall terminate, and control
of such property shall immediately revert to and vest in the state.
Present law requires the lease to Children's Hospital to be executed by Feb. 1, 2013, or after
Children's Hospital refuses to enter a lease, whichever is sooner, the division of
administration may offer to lease the property to the highest bidder. Proposed law repeals
present law.
Present law provides that if the property is not leased after being offered to the highest
bidder by Aug. 1, 2013, or six months if Children's Hospital refuses to enter a lease,
whichever is sooner, the property shall revert to the LSU Board of Supervisors and LSU
HSC. Proposed law repeals present law.
Provides that present law shall be the exclusive authority and procedure to transfer the
property in present law. Proposed law retains present law.
Proposed law requires Children's Hospital to open a minimum of an additional 16 pediatric
or adolescent behavior health care beds, and consider opening additional beds if the 16 beds
reach 90% occupancy.
Proposed law requires Children's Hospital to open the following:
(1) A minimum of an additional 16 pediatric or adolescent behavior health care beds,
and add beds if the 16 beds reach 90% occupancy.
(2)Behavioral health care services for children under five years of age.
(3) Expansion of the Autism Center at Children's Hospital Campus.
(4) Inpatient-to-out-patient behavioral transition care.
Proposed law provides for consolidation and reallocation of capital outlay funding to NOAH
in Act No. 23 of the 2012 R.S. to Children's Hospital to consider and provide services for
substance abuse, longer term inpatients, juvenile justice, and day treatment. Consideration
of these services shall be in consultation with stakeholders.
Proposed law requires Children's Hospital and the Dept. of Health and Hospitals to seek the
most advantageous utilization of the increased bed capacity and the development of an
inpatient-out-patient behavioral transition care program. HLS 13RS-1924 ENGROSSED
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Proposed law provides that except as otherwise provided in proposed law, the services
provided for in proposed law may be located in the city of New Orleans after holding a
public hearing with an opportunity for public comment.
Proposed law authorizes the transfer or lease of certain state property in St. Martin Parish
from the division of administration to the adjacent landowners to the property. Provides for
the reservation of mineral rights to the state.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends §§3, 4, and 5(A) of Act No. 867 of the 2012 R.S.; Repeals §6 of Act No. 867 of
the 2012 R.S.)