PRINTER'S NO. 2492
No. 1448 Session of 2007
INTRODUCED BY FRANKEL, BENNINGTON, BEYER, BISHOP, BOYD, BUXTON,
CALTAGIRONE, COHEN, COSTA, CURRY, DALEY, DENLINGER,
DePASQUALE, FABRIZIO, FAIRCHILD, FREEMAN, GERGELY, GOODMAN,
GRELL, HARKINS, HENNESSEY, HORNAMAN, JAMES, JOSEPHS, KING,
KOTIK, KULA, LEVDANSKY, LONGIETTI, MAHONEY, MARKOSEK,
McILHATTAN, MELIO, MENSCH, MUNDY, NAILOR, M. O'BRIEN,
O'NEILL, PETRONE, RAPP, REICHLEY, SIPTROTH, SOLOBAY, SWANGER,
VULAKOVICH, WALKO, WHEATLEY, J. WHITE AND YOUNGBLOOD,
SEPTEMBER 25, 2007
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
SEPTEMBER 25, 2007
AN ACT
1 Amending the act of April 28, 1999 (P.L.24, No.3), entitled "An
2 act requiring public hearings before closing State mental
3 health or mental retardation facilities," providing for
4 proceeds derived from facility disposition; and establishing
5 the Mental Health Community Services Trust Fund and the
6 Mental Retardation Community Services Trust Fund.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The title of the act of April 28, 1999 (P.L.24,
10 No.3), known as the Mental Health or Mental Retardation Facility
11 Closure Act, is amended to read:
12 AN ACT
13 Requiring public hearings before closing State mental health or
14 mental retardation facilities[.]; providing for proceeds
15 derived from facility disposition; and establishing the
16 Mental Health Community Services Trust Fund and the Mental
1 Retardation Community Services Trust Fund.
2 Section 2. Section 2 of the act is amended by adding
3 definitions to read:
4 Section 2. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 * * *
9 "Mental health fund." The Mental Health Community Services
10 Trust Fund established in section 5.1.
11 "Mental retardation fund." The Mental Retardation Community
12 Services Trust Fund established in section 5.1.
13 * * *
14 Section 3. The act is amended by adding a section to read:
15 Section 5.1. Disposition of proceeds.
16 (a) Proceeds.--
17 (1) If a State-owned facility is downsized, consolidated
18 or closed, all State property associated with the downsizing,
19 consolidation or closure that is no longer being used for
20 facility purposes and that is not transferred to another
21 governmental entity shall be sold or leased at fair market
22 value.
23 (2) If the facility is a mental health facility, the net
24 proceeds of the sale or lease shall be deposited into the
25 Mental Health Community Services Trust Fund, which is hereby
26 established as a special nonlapsing fund in the State
27 Treasury. If the facility is a mental retardation facility,
28 the net proceeds of the sale or lease shall be deposited into
29 the Mental Retardation Community Services Trust Fund which is
30 hereby established as a special nonlapsing fund in the State
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1 Treasury.
2 (b) Additional funds.--The General Assembly shall
3 appropriate an amount equivalent to the amount of State
4 operating cost reduction determined to be directly related to
5 each facility downsizing, consolidation or closure to the mental
6 health fund or mental retardation fund, as applicable.
7 (c) Investment.--Moneys in the mental health fund and mental
8 retardation fund shall be invested by the State Treasurer as are
9 other funds in the custody of the State Treasurer in the manner
10 provided by law. All earnings received from the investment or
11 deposit of the moneys in the mental health fund and mental
12 retardation fund shall be paid into the respective fund for the
13 purposes authorized by this section.
14 (d) Certain transfer prohibited.--Any unexpended moneys and
15 any interest earned on the money in the mental health fund and
16 mental retardation fund may not be transferred or revert to the
17 General Fund, but shall remain in the respective fund to be used
18 by the department for the purposes specified in this section.
19 (e) Limitations.--
20 (1) Any funds in the mental health fund or mental
21 retardation fund may not supplant resources for existing
22 community resources.
23 (2) Any funds in the mental health fund shall be used to
24 support a full range of housing options and services that
25 support independent living for individuals with serious
26 mental illness.
27 (3) Any funds in the mental retardation fund shall be
28 used for one-time costs associated with the community mental
29 retardation system.
30 (4) Any funds in the mental health fund or mental
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1 retardation fund shall be used in accordance with consumer-
2 centered planning.
3 (f) Remaining funds.--Any remaining funds after meeting the
4 needs identified in subsection (e) shall be expended in
5 accordance with a plan developed by the department in
6 consultation with consumers, family members, providers and
7 mental health advocates.
8 Section 4. This act shall take effect in 60 days.
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