Bill Text: PA HB1190 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Providing for proceeds derived from facility disposition; and establishing the Mental Health Community Services Account and the Mental Retardation Community Services Account.

Spectrum: Slight Partisan Bill (Democrat 24-11)

Status: (Introduced - Dead) 2009-04-03 - Referred to HEALTH AND HUMAN SERVICES [HB1190 Detail]

Download: Pennsylvania-2009-HB1190-Introduced.html

---

PRINTER'S NO. 1418
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1190 Session of2009
INTRODUCED BY FRANKEL, BISHOP, BOYD, BRENNAN, BUXTON, CALTAGIRONE, FABRIZIO, FLECK, FREEMAN, GOODMAN, HENNESSEY, HESS, JOSEPHS, KOTIK, LEVDANSKY, LONGIETTI, McGEEHAN, McILVAINE SMITH, MELIO, MUSTIO, MYERS, M. O'BRIEN, REICHLEY, ROCK, SIPTROTH, K. SMITH, SOLOBAY, SWANGER, THOMAS, VULAKOVICH AND WALKO, APRIL 3, 2009
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, APRIL 3, 2009
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
proceeds derived from facility disposition; and establishing
the Mental Health Community Services Account and the Mental
Retardation Community Services Account.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of April 28, 1999 (P.L.24,
No.3), known as the Mental Health or Mental Retardation Facility
Closure Act, is amended to read:
AN ACT
Requiring public hearings before closing State mental health or
mental retardation facilities[.]; providing for proceeds
derived from facility disposition; and establishing the
Mental Health Community Services Account and the Mental
Retardation Community Services Account.
Section 2. Section 2 of the act is amended by adding
definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Mental health account." The Mental Health Community
Services Account established in section 5.1.
"Mental retardation account." The Mental Retardation
Community Services Account established in section 5.1.
* * *
Section 3. The act is amended by adding a section to read:
Section 5.1. Disposition of proceeds.
(a) Proceeds.--
(1) If a State-owned mental health or mental retardation
facility is downsized, consolidated or closed, all State
property associated with the downsizing, consolidation or
closure that is no longer being used for facility purposes
and that is not transferred to another governmental entity
shall be sold or leased at fair market value.
(2) The costs and fees incurred by the Department of
General Services, including, but not limited to, costs of
auctions or sales at auction, title searches, notice, surveys
and appraisals, 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) If the facility is a mental health facility, the net
proceeds of the sale or lease, less any costs and fees
20090HB1190PN1418 - 2 -
required in order to effect the sale or lease of the
facility, shall be deposited into the Mental Health Community
Services Account, which is hereby established as a restricted
account in the State Treasury. If the facility is a mental
retardation facility, the net proceeds of the sale or lease,
less any costs or fees required in order to effect the sale
or lease of the facility, shall be deposited into the Mental
Retardation Community Services Account which is hereby
established as a restricted account in the State Treasury.
The money in the mental health account and mental retardation
account is hereby appropriated, upon approval of the
Governor, to the Department of Public Welfare for the
purposes set forth in subsections (d) and (e).
(b) Investment.--All earnings received from the investment
or deposit of the moneys in the mental health account and mental
retardation account shall be paid into the respective account
for the purposes authorized by this section.
(c) Certain transfer prohibited.--Any unexpended moneys and
any interest earned on the money in the mental health account
and mental retardation account may not be transferred or revert
to the General Fund, but shall remain in the respective account
to be used by the department for the purposes specified in this
section.
(d) Limitations.--
(1) Any funds in the mental health account or mental
retardation account may not supplant resources for existing
community resources.
(2) Any funds in the mental health account shall be used
to support one-time costs for a full range of housing options
that support independent living for individuals with serious
20090HB1190PN1418 - 3 -
mental illness.
(3) Any funds in the mental retardation account shall be
used for one-time costs associated with the community mental
retardation system.
(4) Any funds in the mental health account or mental
retardation account shall be used in accordance with
consumer-centered planning.
(e) Remaining funds.--Any remaining funds after meeting the
needs identified in subsection (e) shall be expended on one-time
costs in accordance with a plan developed by the department in
consultation with consumers, family members, providers and
mental health advocates.
(f) Resale.--If a State-owned mental health or mental
retardation facility is sold by the Commonwealth, and if within
ten years of the original sale the original purchaser
subsequently sells or transfers any portion of the facility at a
profit, then one-half of the profit from the subsequent sale
shall be paid by the subsequent purchaser to the respective
mental health account or mental retardation account. For
purposes of this subsection, the term "profit" shall mean the
difference between the net proceeds from the subsequent sale or
transfer and the appraised fair market value at the time of the
subsequent sale or transfer.
Section 4. This act shall take effect in 60 days.
20090HB1190PN1418 - 4 -