HLS 13RS-1924 REENGROSSED
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Regular Session, 2013
HOUSE BILL NO. 720 (Substitute for House Bill No. 595 by Representative Abramson)
BY REPRESENTATIVES ABRAMSON, ARNOLD, BERTHELOT, BILLIOT, WESLEY
BISHOP, BROSSETT, CARMODY, DANAHAY, DI XON, DOVE, FRANKLIN,
GAINES, GAROFALO, GISCLAIR, HARRISON, LEGER, LEOPOLD, MILLER,
MORENO, PIERRE, SCHEXNAYDER, AND ST. GERMAI N
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 for an annual report; to provide an effective date; and to8
provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Sections 3, 4, and 5(A)(introductory paragraph) of Act No. 867 of the11
2012 Regular Session of the Legislature are hereby amended and reenacted to read as12
follows:13
Section 3. The commissioner of administration, notwithstanding any other14
provision of law to the contrary, is hereby authorized and empowered to convey,15
transfer, assign, lease or deliver any interest, excluding mineral rights, the state may16
have to all of any portion of the parcel of property described in Section 1 of this Act17
to the Children's Hospital, New Orleans.18 HLS 13RS-1924 REENGROSSED
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Section 4. The commissioner of administration is hereby authorized to enter1
into such agreements, covenants, conditions, and stipulations and to execute such2
documents as necessary to properly effectuate any conveyance, transfer, assignment,3
lease or delivery of title, excluding mineral rights, to the property described in4
Section 1 of this Act, and as more specifically described in any such agreements5
entered into and documents executed by and between the commissioner of6
administration and Children's Hospital, New Orleans, in exchange of consideration7
proportionate to at least the appraised value of the property.8
Section 5. A. The authority provided to the commissioner of administration9
in Section 3 and Section 6 of this Act shall be conditioned upon the agreement10
authorized by Section 4 and Section 6 of this Act containing the following11
provisions: (1) The that the property shall be administered, managed, and operated12
as a facility for health care, mental health care, or health care or mental health care13
education.14
(2) The portion of the property described in Section 1 of this Act that15
formerly housed the New Orleans Adolescent Hospital shall be administered,16
managed, and operated so as to provide mental health care including in-patient and17
out-patient services consistent with those services provided by the New Orleans18
Adolescent Hospital prior to 2010. Such services may be provided by a third party19
as more particularly provided for in the lease agreement.20
* * *21
Section 2. Section 6 of Act No. 867 of the 2012 Regular Session of the Legislature22
is hereby repealed in its entirety.23
Section 3. A. Children's Hospital, New Orleans consistent with the current best24
practices of delivery models, shall provide the total dollars necessary for the development25
and infrastructure to open:26
(1) At a minimum, an additional sixteen pediatric or adolescent behavior health care27
beds. If ninety percent of those additional beds become reserved or occupied, adding beds28 HLS 13RS-1924 REENGROSSED
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for pediatric or adolescent mental health care as consistent with the behavioral health needs1
of the region.2
(2) Behavioral health care services for children under five years of age.3
(3) Expansion of the Autism Center at Children's Hospital, New Orleans campus.4
(4) Inpatient-to-and out-patient behavioral transition care program.5
B.(1) The capital outlay funding in Act No. 23 of the 2012 R.S. allocated to the New6
Orleans Adolescent Hospital and for the dedicated related other mental health facilities shall7
be consolidated and reallocated to Children's Hospital, New Orleans. In consideration of the8
capital outlay finding, Children's Hospital, New Orleans shall, in good faith, make9
reasonable efforts to consider and provide the following additional services:10
(a) Substance abuse and medical detoxification services.11
(b) Longer term inpatient services with educational and therapeutic services.12
(c) Services for children and youth in the juvenile justice system, as appropriate.13
(d) Day treatment services.14
(2) Consideration of the additional services in Paragraph (1) of this Subsection shall15
be in consultation and collaboration with the appropriate stakeholders and shall take into16
account Medicaid and other funding. Children's Hospital, New Orleans and the Department17
of Health and Hospitals shall seek the most advantageous utilization of the increased bed18
capacity and the development of an inpatient-to-out-patient behavioral transition care19
program.20
C. Except as otherwise provided for in this Section, the services provided for in this21
Section may be located at any location in the city of New Orleans after holding a public22
hearing with an opportunity for public comment and Children's Hospital, New Orleans shall23
consider and make reasonable and practical efforts to accommodate legitimate concerns.24
D. Children's Hospital, New Orleans shall submit a report on the behavioral mental25
health services as provided for in this Section to the Speaker of the House of Representative,26
the President of the Senate, the House Committee on Health and Welfare, and the Senate27
Committee on Health and Welfare. The report shall be submitted on or before the first day28 HLS 13RS-1924 REENGROSSED
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of February each year until February 1, 2018, or until the completion of Children's Hospital,1
New Orleans obligations under this Section, whichever occurs first.2
Section 4. The commissioner of the division of administration, notwithstanding any3
other provision of law to the contrary, is hereby authorized and empowered to convey,4
transfer, assign, lease or deliver any interest, excluding mineral rights, the state may have5
to the following described properties to the adjacent landowners, but only upon the condition6
that the Atchafalaya Land Corporation or its successors in title reject their option to purchase7
their former interest pursuant to R.S. 41:1338:8
Parcels of land directly behind and adjacent to Lots 34, 35, 36, 37, 38, 39, 40, 41, 42,9
43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, and 58, not to exceed beyond10
the bank of a borrow pit canal or the extent of state ownership, located within11
Section 11, T9S-R7E, St. Martin Parish. Said lots are described on a plat by C.L.12
Jack Stelly dated April 3,1984, revised June 27, 1997, on file in the St. Martin Parish13
Courthouse, COB 1259 Folio 424, conveyance number 285081, reserving to the14
State a right-of-passage for the general public along the trail existing parallel and15
next to the borrow pit canal.16
Section 5. The commissioner of the division of administration is hereby authorized17
to enter into such agreements, covenants, conditions, and stipulations and to execute such18
documents as necessary to properly effectuate any conveyance, transfer, assignment, lease19
or delivery of title, excluding mineral rights, to the property described in Section 4 of this20
Act, and as more specifically described in any such agreements entered into and documents21
executed by and between the commissioner of the division of administration and the adjacent22
landowners, in exchange of consideration proportionate to the appraised value of the23
property.24
Section 6. The commissioner of the division of administration, notwithstanding any25
other provision of law to the contrary, is hereby authorized and empowered to convey,26
transfer, assign, lease or deliver any interest, excluding mineral rights, the state may have27
to the following described properties to Phyllis Marks and Michael Marks, but only upon the28 HLS 13RS-1924 REENGROSSED
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condition that the Atchafalaya Land Corporation or its successors in title reject their option1
to purchase their former interest pursuant to R.S. 41:1338:2
That certain tract of land containing 0.204 acres, being Lot 62A located in3
Section 11, Township 9 South, Range 7 East, St. Martin Parish, Louisiana4
and being more particularly described as follows:5
COMMENCING at the Northwestern corner of Lot 62 (1/2” I.P.) as shown6
on the Atchafalaya Land Corporation Plat by C. L. Jack Stelly, LA PLS No.7
358, dated June 27, 1997; Thence in a Southeasterly direction 375.33 feet to8
the POINT OF BEGINNING (5/8” I.R.); Thence North 86 degrees 379
minutes 29 seconds East 125.00 feet; Thence South 40 degrees 27 minutes10
04 seconds West 154.78 feet; Thence North 19 degrees 35 minutes 3411
seconds West 48.34 feet; Thence North 42 degrees 08 minutes 29 seconds12
West 83.67 feet (set hole in conc.); Thence North 86 degrees 37 minutes 2913
seconds East 48.06 feet (5/8” I.R.) to the POINT OF BEGINNING.14
Said property bordered Northerly by Michael Marks, Westerly by barrow15
ditch, Southerly by barrow ditch and State of Louisiana, Easterly by State of16
Louisiana and is shown on “PLAT OF SURVEY SHOWING PROPERTY17
TO BE ACQUIRED BY MICHAEL MARKS LOCATED IN SECTION 11,18
TOWNSHIP 9 SOUTH, RANGE 7 EAST, ST. MARTIN PARISH” by19
Brandon S. Breaux, LA PLS No. 4946 dated October 26, 2008.20
Section 7. The commissioner of the division of administration is hereby authorized21
to enter into such agreements, covenants, conditions, and stipulations and to execute such22
documents as necessary to properly effectuate any conveyance, transfer, assignment, lease23
or delivery of title, excluding mineral rights, to the property described in Section 6 of this24
Act, and as more specifically described in any such agreements entered into and documents25
executed by and between the commissioner of the division of administration and Phyllis26
Marks and Michael Marks, in exchange of consideration proportionate to the appraised value27
of the property.28 HLS 13RS-1924 REENGROSSED
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Section 8. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
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.
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, HLS 13RS-1924 REENGROSSED
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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-outpatient 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.
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 requires Children's Hospital, New Orleans to submit a report on the behavioral
mental health services provide for in proposed law to the Speaker, the President, and the
House and Senate Committees on Health and Welfare on February 1
st
of each year until 2018
or until the obligations are met under proposed law, whichever occurs first.
Proposed law authorizes the transfer or lease of certain state property in St. Martin Parish
from the division of administration to the adjacent landowners, including Phyllis and
Michael Marks, to the property in exchange of consideration proportionate to the appraised
value. 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.)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Requires Children's Hospital, New Orleans to submit a report on the behavioral
mental health services provide for in proposed law to the Speaker, the President,
and the House and Senate Committees on Health and Welfare on February 1
st
of
each year until 2018 or until the obligations are met under proposed law,
whichever occurs first. HLS 13RS-1924 REENGROSSED
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2. Adds to the authority to transfer or lease of certain state property in St. Martin
Parish from the division of administration to Phyllis and Michael Marks.
3. Makes technical changes.