Statutes, codes, and regulations
Louisiana Administrative Code
Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROLPart VII - Property Control
Chapter 5 - State Property Disposition
Section VII-505 - Disposition of State Moveable Property

La. Admin. Code tit. 34 § VII-505

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Current through Register Vol. 50, No. 9, September 20, 2024
Section VII-505 - Disposition of State Moveable Property
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.

La. Admin. Code tit. 34, § VII-505

Promulgated by the Office of the Governor, Division of Administration, Property Control Section, LR 2:239 (August 1976), amended LR 7:71 (March 1981), LR 7:265 (May 1981), LR 9:412 (June 1983), amended by the Office of the Governor, Division of Administration, Louisiana Property Assistance Agency, LR 12:102 (February, 1986), LR 15:835 (October 1989).
AUTHORITY NOTE: Promulgated in accordance with R.S. 39:326, R.S. 39:330 and R.S. 39:332.