PART II.  RECEIPT OF DONATION OF IMMOVABLE PROPERTY

§151.  Receipt of donation of immovable property by state agencies

A.  Except as otherwise provided by law, whenever the state is offered donation of immovable property, the commissioner of administration shall evaluate the offer of donation and shall make a determination of whether or not it is in the best interest of the state to accept the donation.

B.  If the commissioner determines that acceptance of the donation is not in the best interest of the state, he shall notify the potential donor that the donation is refused, and he shall notify, on a quarterly basis, the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources of the offer and the refusal and the reasons therefor, unless the potential donor has specifically requested in writing that the offer remain confidential if not accepted. If the commissioner determines that acceptance of the donation is in the best interest of the state, he shall proceed with negotiation of the terms and conditions of the donation.

C.  Prior to final acceptance by the commissioner, all donations of immovable property shall receive the approval of the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources.  After the donor and the commissioner have agreed on the terms and conditions of the donation, the commissioner shall present to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources a report that contains a description of the property that is to be donated to the state, the evaluation of the donation that was conducted by the division of administration to determine that acceptance of the donation is in the best interest of the state, and the terms and conditions of the donation that have been negotiated by the commissioner of administration.  The report shall be submitted to each committee at the committee's office in the state capitol by certified mail with return receipt requested or by messenger who shall obtain a signature for receipt.  The return receipt or the messenger's receipt shall be proof of receipt of the report by the committee.

D.  Within thirty days after the report required in Subsection C of this Section is received by the committees, the committees shall meet in order to review the report.  The committees may meet jointly or separately to conduct hearings on receipt of donated immovable and movable property.  If the committees meet jointly, a quorum of each committee shall be required to take action within thirty days, and a motion shall receive the favorable vote of a majority of those present for each committee in order to be adopted.  At the hearing, the committee or committees shall evaluate the terms and conditions of donation negotiated by the commissioner of administration, determine if the donation and the terms and conditions of the donation are acceptable or unacceptable, and review and evaluate whether or not it is in the best interest of the state to accept the offered donation.

E.  If either committee determines that the donation or the terms and conditions of donation are unacceptable, it may disapprove the donation.  Either committee may also recommend changes to the donation and to its terms and conditions, although such recommendations shall not be binding on either the donor or the commissioner.  If either committee disapproves the donation, the committee so doing shall notify the commissioner of its decision in writing and shall include a summary of the determinations and recommendations made by the committee during the hearing.  The commissioner may use those determinations and recommendations in his efforts to renegotiate the terms and conditions of donation.  If there is a successful renegotiation of the terms and conditions of donation, the commissioner may again submit a report to the committees as required in Subsection C of this Section.

F.  Upon approval by both committees or passage of sixty days during which time neither committee disapproves the donation, whichever occurs first, the commissioner may accept the donation and its terms and conditions on behalf of the state.

G.  The division of administration shall adopt and promulgate rules and regulations in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., to carry out the provisions of this Section.  Notwithstanding provisions of the Administrative Procedure Act to the contrary, the rules and regulations shall be submitted to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources for legislative oversight.

H.  The division of administration shall submit to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources an annual report detailing the amount of immovable property received by the state through donation, the estimated value of the property received through donation, and the agencies which received such property.

Acts 2003, No. 262, §1, eff. June 10, 2003; Acts 2008, No. 580, §5.