PRIOR PRINTER'S NO. 2492 PRINTER'S NO. 3003
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, YOUNGBLOOD, MURT,
K. SMITH AND RAMALEY, SEPTEMBER 25, 2007
AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE
OF REPRESENTATIVES, AS AMENDED, DECEMBER 11, 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 ACCOUNT and <--
6 the Mental Retardation Community Services Trust Fund ACCOUNT. <--
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 ACCOUNT and the <--
1 Mental Retardation Community Services Trust Fund ACCOUNT. <--
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 ACCOUNT." The Mental Health Community <--
10 Services Trust Fund ACCOUNT established in section 5.1. <--
11 "Mental retardation fund ACCOUNT." The Mental Retardation <--
12 Community Services Trust Fund ACCOUNT established in section <--
13 5.1.
14 * * *
15 Section 3. The act is amended by adding a section to read:
16 Section 5.1. Disposition of proceeds.
17 (a) Proceeds.--
18 (1) If a State-owned MENTAL HEALTH OR MENTAL RETARDATION <--
19 facility is downsized, consolidated or closed, all State
20 property associated with the downsizing, consolidation or
21 closure that is no longer being used for facility purposes
22 and that is not transferred to another governmental entity
23 shall be sold or leased at fair market value.
24 (2) THE COSTS AND FEES INCURRED BY THE DEPARTMENT OF <--
25 GENERAL SERVICES, INCLUDING, BUT NOT LIMITED TO, COSTS OF
26 AUCTIONS OR SALES AT AUCTION, TITLE SEARCHES, NOTICE, SURVEYS
27 AND APPRAISALS, SHALL BE DEDUCTED FROM THE PURCHASE PRICE AND
28 THAT AMOUNT SHALL BE AN EXECUTIVELY AUTHORIZED AUGMENTATION
29 TO THE APPROPRIATION FROM WHICH THE COSTS AND FEES WERE PAID
30 BY THE DEPARTMENT OF GENERAL SERVICES.
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1 (2) (3) If the facility is a mental health facility, the <--
2 net proceeds of the sale or lease, LESS ANY COSTS AND FEES <--
3 REQUIRED IN ORDER TO EFFECT THE SALE OR LEASE OF THE
4 FACILITY, shall be deposited into the Mental Health Community
5 Services Trust Fund ACCOUNT, which is hereby established as a <--
6 special nonlapsing fund RESTRICTED ACCOUNT in the State <--
7 Treasury. If the facility is a mental retardation facility,
8 the net proceeds of the sale or lease, LESS ANY COSTS OR FEES <--
9 REQUIRED IN ORDER TO EFFECT THE SALE OR LEASE OF THE
10 FACILITY, shall be deposited into the Mental Retardation
11 Community Services Trust Fund ACCOUNT which is hereby <--
12 established as a special nonlapsing fund RESTRICTED ACCOUNT <--
13 in the State Treasury. THE MONEY IN THE MENTAL HEALTH ACCOUNT <--
14 AND MENTAL RETARDATION ACCOUNT IS HEREBY APPROPRIATED, UPON
15 APPROVAL OF THE GOVERNOR, TO THE DEPARTMENT OF PUBLIC WELFARE
16 FOR THE PURPOSES SET FORTH IN SUBSECTIONS (D) AND (E).
17 (b) Additional funds.--The General Assembly shall <--
18 appropriate an amount equivalent to the amount of State
19 operating cost reduction determined to be directly related to
20 each facility downsizing, consolidation or closure to the mental
21 health fund or mental retardation fund, as applicable.
22 (c) Investment.--Moneys in the mental health fund and mental
23 retardation fund shall be invested by the State Treasurer as are
24 other funds in the custody of the State Treasurer in the manner
25 provided by law. All earnings received from the investment or
26 (B) INVESTMENT.--ALL EARNINGS RECEIVED FROM THE INVESTMENT <--
27 OR deposit of the moneys in the mental health fund and mental <--
28 retardation fund shall be paid into the respective fund for the
29 ACCOUNT AND MENTAL RETARDATION ACCOUNT SHALL BE PAID INTO THE <--
30 RESPECTIVE ACCOUNT FOR THE purposes authorized by this section.
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1 (d) (C) Certain transfer prohibited.--Any unexpended moneys <--
2 and any interest earned on the money in the mental health fund <--
3 ACCOUNT and mental retardation fund ACCOUNT may not be <--
4 transferred or revert to the General Fund, but shall remain in
5 the respective fund ACCOUNT to be used by the department for the <--
6 purposes specified in this section.
7 (e) (D) Limitations.-- <--
8 (1) Any funds in the mental health fund or mental <--
9 retardation fund ACCOUNT OR MENTAL RETARDATION ACCOUNT may <--
10 not supplant resources for existing community resources.
11 (2) Any funds in the mental health fund shall be used to <--
12 support a full range of housing options and services that
13 ACCOUNT SHALL BE USED TO SUPPORT ONE-TIME COSTS FOR A FULL <--
14 RANGE OF HOUSING OPTIONS THAT support independent living for
15 individuals with serious mental illness.
16 (3) Any funds in the mental retardation fund ACCOUNT <--
17 shall be used for one-time costs associated with the
18 community mental retardation system.
19 (4) Any funds in the mental health fund or mental <--
20 retardation fund ACCOUNT OR MENTAL RETARDATION ACCOUNT shall <--
21 be used in accordance with consumer-centered planning.
22 (f) (E) Remaining funds.--Any remaining funds after meeting <--
23 the needs identified in subsection (e) shall be expended ON ONE- <--
24 TIME COSTS in accordance with a plan developed by the department
25 in consultation with consumers, family members, providers and
26 mental health advocates.
27 Section 4. This act shall take effect in 60 days.
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