Current through Register Vol. 50, No. 9, September 20, 2024
A. These regulations of the commissioner
shall govern the condemnation and disposition of state property when it is
determined that certain items of property are of no use to the agency or to the
state.
B. Property transferred to
the Louisiana Property Assistance Agency of the Division of Administration may
be assigned for use in other agencies in accord with established policies of
the Division of Administration when the commissioner deems it to be in the best
interest of the state. A fee may be assessed to the receiving agency in accord
with established policies approved by the commissioner governing the operations
of the Louisiana Property Assistance Agency. Said property may, in accord with
Division of Administration policies and
R.S.
39:330(b), be sold to
political subdivisions, municipalities, or religious, charitable, or
educational organizations when the commissioner deems it to be in the best
interest of the state. To purchase such property, said subdivisions,
municipalities and/or organizations must:
1.
a. follow agency-listing procedures
established by the Louisiana Property Assistance Agency director with the
approval of the commissioner;
b.
place purchased items in use within the subdivision, municipality, and/or
organization within 90 days of purchase; and
c. maintain purchased items in use for
subdivision, municipality, and/or organizational purposes for at least 18
months from date of purchase.
2. Exceptions to this regulation in
individual instances require written approval from the Louisiana Property
Assistance Agency director or his designee. Purchasing subdivisions,
municipalities, and/or organizations shall make available to Louisiana property
assistance auditors upon request all necessary records and documentation
supporting compliance with these requirements.
C. Property owned by the state for more than
six months and of no use to the state or agencies may be considered for
disposition to the public.
D. The
Louisiana Property Assistance Agency director or his designee nay sell property
"as is, where is" when it is determined to be in the best economical interest
of the state.
E. The Louisiana
Property Assistance Agency director shall deposit the proceeds from transfer or
sale of property at public bid to the Louisiana Property Assistance Agency
revolving fund.
1. Originating Purchase from
Any Percentage of Participating Federal Funds. For equipment with a unit
acquisition cost of less than $1,000, the Louisiana Property Assistance Agency
will retain 20 percent of the proceeds received from sale of the item and the
percentage of the remainder which corresponds to the percentage of federal
funding in acquisition of the item will be refunded to the agency if the
program is still active. There will be no refund if the program has been
discontinued. For equipment with a unit acquisition cost of $1,000, or more,
$100, or 10 percent of the total sales, whichever is greater, will be retained
by the Louisiana Property Assistance Agency for handling expense and the
remainder will be refunded to the agency. Unless contractual or legal
disposition requirements specify otherwise, agencies will be reimbursed 80
percent of the proceeds received by the Louisiana Property Assistance Agency
for any item originally purchased by other grants, funds, etc., which require
reimbursement.
NOTE: The agency's use of the reimbursed percentage of
federal funds must be documented for the legislative auditor.
2. Originating Purchase from State Revolving
Fund. The agency transferring the item shall be reimb ursed at least 80 percent
of the proceeds received by Louisiana Property Assistance Agency for the
item.
3. Sale of Farm Produce. The
cost to the agency for bid services rendered by Louisiana Properly Assistance
Agency shall be up to 5 percent of the proceeds of the sale.
4. Sale of State-Owned Timber. The cost to
the agency for bid services shall be up to 5 percent of the proceeds of the
sale.
5. As an exception to the
general state property disposition regulations, state agencies may sell their
livestock at any authorized public auction or sale. A BF-11, any documentation
pertaining to the sale, and a check for the full amount of the sale proceeds,
should be sent to the Louisiana Property Assistance Agency immediately after
the sale. The livestock will then be removed from the state master listing of
inventory for the agency if such is required.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
39:326,
R.S.
39:330 and
R.S.
39:332.
