PRIOR PRINTER'S NO. 2546 PRINTER'S NO. 4283
No. 1964 Session of 1989
INTRODUCED BY MICHLOVIC, PISTELLA, TRELLO AND GIGLIOTTI,
OCTOBER 10, 1989
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 13, 1990
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," further providing for the
21 allocation of proceeds of sale of certain surplus properties.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 2406-A of the act of April 9, 1929 <--
25 (P.L.177, No.175), known as The Administrative Code of 1929,
26 added July 1, 1981 (P.L.143, No.48), is amended to read:
1 SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN <--
2 AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED BY ADDING A
3 SECTION TO READ:
4 SECTION 2403-A.1. MENTAL HEALTH OR MENTAL RETARDATION
5 FACILITIES.--(A) FOR ALL REAL PROPERTY IDENTIFIED AS SURPLUS BY
6 AN AGENCY, THE LAST PRIOR USE OF WHICH WAS AS A MENTAL HEALTH OR
7 MENTAL RETARDATION FACILITY OR WHICH FORMERLY WAS A MENTAL
8 HEALTH OR MENTAL RETARDATION FACILITY AND UNDER THE JURISDICTION
9 OF THE DEPARTMENT OF PUBLIC WELFARE, THE DEPARTMENT SHALL
10 DEVELOP A PLAN FOR THE DISPOSITION OF SAID PROPERTY PURSUANT TO
11 SECTION 2403-A.
12 (B) THE PROCEEDS OF SUCH DISPOSITION SHALL BE PAID TO THE
13 PENNSYLVANIA HOUSING FINANCE AGENCY (PHFA) TO BE HELD BY THE
14 AGENCY IN A SPECIAL NEEDS HOUSING TRUST FUND TO FINANCE THE
15 RENTAL, PURCHASE, CONSTRUCTION OR SUBSTANTIAL REHABILITATION OF
16 COMMUNITY-BASED HOUSING FOR THE MENTALLY ILL OR MENTALLY
17 RETARDED. SUCH FINANCING MAY TAKE THE FORM OF GRANTS OR LOANS,
18 OR ANY COMBINATION THEREOF.
19 (C) THE PHFA SHALL WORK IN COOPERATION WITH THE DEPARTMENT
20 OF PUBLIC WELFARE IN THE SELECTION AND FUNDING OF PROJECTS. THE
21 PHFA SHALL REVIEW THE PROPOSALS FOR FINANCIAL FEASIBILITY. THE
22 PHFA SHALL FUND THOSE PROJECTS DEEMED FINANCIALLY FEASIBLE WHICH
23 ARE APPROVED BY THE DEPARTMENT, IN THE PRIORITY ORDER
24 ESTABLISHED BY THE DEPARTMENT. TO THE MAXIMUM EXTENT POSSIBLE,
25 THE PROCEEDS SHALL BE INVESTED IN THOSE MUNICIPALITIES WHICH
26 COMPRISED THE POPULATION CATCHMENT AREA OF THE FACILITY BEING
27 DISPOSED OF AND IN OTHER MUNICIPALITIES OF GREAT NEED AS
28 DETERMINED BY THE DEPARTMENT.
29 (D) THE COSTS AND FEES INCURRED BY THE DEPARTMENT OF GENERAL
30 SERVICES, INCLUDING, BUT NOT LIMITED TO, COSTS OF TITLE
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1 SEARCHES, NOTICES, SURVEYS AND APPRAISALS, SHALL BE DEDUCTED
2 FROM THE PURCHASE PRICE AND THAT AMOUNT SHALL BE AN EXECUTIVELY
3 AUTHORIZED AUGMENTATION TO THE APPROPRIATION FROM WHICH THE
4 COSTS AND FEES WERE PAID BY THE DEPARTMENT.
5 (E) FUNDS WHICH ARE NOT SPENT OR ENCUMBERED FOR PROJECTS
6 WITHIN FOUR (4) YEARS FROM THE DATE DEPOSITED IN THE FUND SHALL
7 REVERT TO THE DEPARTMENT TO FUND PROJECTS AND PROGRAMS
8 CONSISTENT WITH THE INTENT OF THIS SECTION.
9 (F) ANY INVESTMENT AND INTEREST EARNINGS OR MONEYS FROM THE
10 FUND MAY BE USED BY THE PHFA FOR THE ADMINISTRATIVE COSTS OF THE
11 PROGRAM.
12 SECTION 2. SECTION 2406-A OF THE ACT, ADDED JULY 1, 1981
13 (P.L.143, NO.48), IS AMENDED TO READ:
14 Section 2406-A. Allocation of Sale Proceeds.--[The] (a) <--
15 Except as provided in subsection (b) SECTION 2403-A.1, the <--
16 proceeds of the sale of real estate under the provisions of
17 section 2405-A shall be paid into the State Treasury, through
18 the Department of Revenue and deposited in the Capital
19 Facilities Redemption Fund, or if the land was acquired by
20 moneys wholly or mainly out of a special fund, such proceeds
21 shall be credited to the proper special fund, and all proceeds
22 of the sale of authority properties shall be paid to the
23 respective fiscal agent of the authority in accordance with the
24 bond resolution. The costs and fees incurred by the Department
25 of General Services, including, but not limited to, costs of
26 title searches, notice, surveys and appraisals, shall be
27 deducted from the purchase price and that amount shall be an
28 executively authorized augmentation to the appropriation from
29 which the costs and fees were paid by the department.
30 (b) When land or buildings are sold, the proceeds shall be <--
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1 divided among the counties. This division of proceeds may occur
2 in the following manner at the discretion of the Secretary of
3 the Department of Public Welfare. To the limit of the revenue
4 available, the Commonwealth, acting on the authority of the
5 secretary, may purchase or construct, and retain title to,
6 appropriate real estate in the community for the provision of
7 programs to the mentally ill or mentally retarded. This property
8 shall then be made available to any county, except that no
9 county match, either in cash or in kind, shall be required, but
10 counties may voluntarily choose to contribute to the purchase of
11 the property. The property shall then be leased to the county
12 for one dollar ($1.00) per year, for fifty years, for the
13 conduct of appropriate programs of treatment, rehabilitation or
14 housing of the mentally ill and mentally retarded. The property
15 may, at the discretion of the Board of Commissioners, be
16 subleased to private nonprofit organizations for the provision
17 of services to the mentally disabled.
18 Section 2 3. This act shall take effect immediately. <--
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