THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PIPPY, PICCOLA, FOLMER, FONTANA, ORIE, ERICKSON, RAFFERTY, LOGAN AND MENSCH, MAY 5, 2010

REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 5, 2010  

AN ACT

Amending the act of April 28, 1999 (P.L.24, No.3), entitled "An

act requiring public hearings before closing State mental

health or mental retardation facilities," providing for

disposition of proceeds from facility closure.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of April 28, 1999 (P.L.24, No.3), known

as the Mental Health or Mental Retardation Facility Closure Act,

is amended by adding a section to read:

Section 5.1.  Disposition of proceeds.

(a)  Proceeds.--

(1)  If a State-owned mental health facility located in a

county of the second class is closed, all State-owned

property subject to the closure that is no longer being used

for mental health and mental retardation purposes and that is

not transferred to another governmental entity shall be sold

or leased at fair market value.

(2)  All costs and fees relating to the sale or lease

incurred by the Department of General Services, including

costs of an auction, title search, notice, survey or

appraisal, shall be deducted from the purchase price and that

amount shall be an executively authorized augmentation to the

appropriation from which the costs and fees were paid by the

Department of General Services.

(3)  All net proceeds of the sale or lease, less any

costs or fees under paragraph (2), shall be deposited into a

restricted receipt account to be known as the Mental Health

and Retardation Services Account which is hereby established

in the State Treasury. The net proceeds deposited into the

account shall be distributed by the department as follows:

(i)  Fifty percent to mental health services for

individuals with mental illness in the service area of

the mental health facility in effect at the time of

closure.

(ii)  Fifty percent to mental retardation services

for individuals with mental retardation in the service

area of the mental health facility in effect at the time

of closure.

(4)  Funds distributed under paragraph (3) shall be used

in accordance with consumer-centered planning.

(b)  Investment.--Any earnings received from the investment

or deposit of the moneys in the account shall remain in the

account and be distributed in accordance with subsection (a)(3).

Funds in the account shall not be transferred to the General

Fund.

(c)  Limitation.--The department shall not reduce funds

available for mental health or mental retardation services in

the service area based on the amount of funds in the account.

Section 2.  This act shall take effect immediately.