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COMMITTEE REPORT
April 20, 2006
H. 4882
Introduced by Reps. Cooper, Edge, Leach, Ott, Simrill, J.H. Neal, Kennedy, J.R. Smith, Anthony, Bannister, Battle, Breeland, G. Brown, J. Brown, Cato, Clemmons, Duncan, Hamilton, Haskins, Hinson, Hiott, Hodges, Jefferson, Jennings, Kirsh, Littlejohn, Lucas, Mahaffey, Owens, E.H. Pitts, M.A. Pitts, Rice, Sandifer, Scott, Skelton, G.R. Smith, J.E. Smith, Stewart, Taylor, Thompson, Umphlett, Vaughn, Walker, Weeks, Brady, Harrison, Perry, Young, Cobb-Hunter, Neilson, Cotty, White, Bales, Clyburn, Parks, Rhoad, Mitchell, R. Brown, Howard, Haley, Ballentine, Chalk and Herbkersman
S. Printed 4/20/06--H.
Read the first time March 23, 2006.
To whom was referred a Bill (H. 4882) to amend the Code of Laws of South Carolina, 1976, by adding Section 44-9-130 so as to provide that South Carolina State Hospital property under the control, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
DANIEL T. COOPER for Committee.
EXPLANATION OF IMPACT:
Enactment of this bill would have no impact on state general fund or federal expenditures. The bill prohibits DMH from supplanting its current level of funding with proceeds for the sale or lease of the property. DMH other funds expenditures would increase based on revenue generated and budgeted.
The State Hospital property is on approximately 185.6 acres of land and contains 53 buildings. At this time there is no current appraised value for the property. Therefore, the amount that may be generated and deposited into the special trust fund (to be used for adult long-term hospitalization services and forensic services) is not readily available. DMH indicates it can comply with the requirements of 44-9-130 (D) within existing resources.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-9-130 SO AS TO PROVIDE THAT SOUTH CAROLINA STATE HOSPITAL PROPERTY UNDER THE CONTROL OF OR ASSIGNED TO THE DEPARTMENT OF MENTAL HEALTH THAT IS NOT IN USE MAY BE SOLD OR LEASED, TO DEPOSIT PROCEEDS FROM SUCH SALE OR LEASE OF PROPERTY INTO A RESTRICTED ACCOUNT, TO PROVIDE THAT THESE FUNDS MUST BE USED TO SUPPORT ADULT LONG-TERM CARE, ACUTE CARE, AND FORENSIC SERVICES, TO PROHIBIT THE DEPARTMENT FROM USING THESE FUNDS TO SUPPLANT ITS CURRENT LEVEL OF APPROPRIATED FUNDING, AND TO REQUIRE THE DEPARTMENT TO REPORT QUARTERLY ON THE USE OF THESE FUNDS.
Whereas, the South Carolina State Hospital was the only state-run psychiatric facility designated for the care of adults with mental illnesses who needed long-term hospitalization and community transition services; and
Whereas, the closure of the State Hospital has resulted in the transfer of long-term patients into state-run acute care facilities; and
Whereas, the resulting shortage of acute care beds has placed an enormous burden on local hospital emergency departments; and
Whereas, the South Carolina State Hospital was the only state-run psychiatric facility designated for the care of adults who needed forensic services; and
Whereas, the closure of the State Hospital has resulted in the transfer of forensic patients to facilities that do not have the capacity to serve the state's need for these services; and
Whereas, the resulting shortage of forensic beds has placed an enormous burden on local jails; and
Whereas, it is the intent of the South Carolina General Assembly, that any proceeds from the sale of the South Carolina State Hospital be deposited into a restricted account and that these proceeds be used to support adult long-term care, acute care, and forensic services lost with the closure of the State Hospital so that people with mental illness do not languish in hospital emergency rooms and jails. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 9, Title 44 of the 1976 Code is amended by adding:
"Section 44-9-130. (A) All South Carolina State Hospital property under the control of or assigned to the Department of Mental Health by the department that is not in use may be sold or leased in accordance with the provisions of this section. In selling or leasing this property the department shall comply with those procedures required by law for other state owned real property.
(B)(1) There is created a restricted account, separate and distinct from the general fund, for the sole purpose of providing funds to the department for the purposes set forth in subsection (B)(2). The proceeds received from the department's sale or lease of real property pursuant to subsection (A) must be deposited in this account.
(2) The interest and principal from these proceeds must be used as provided in the general appropriations act for the specific purposes of supporting adult long-term care, acute care, and forensic services but must not be used for daily operations.
(C) The department must not submit a budget that proposes to use funds derived from the sale or lease of South Carolina State Hospital property under the control of or assigned to the department to supplant its current level of appropriated funding.
(D) The department shall submit a quarterly report, not later than thirty days after the end of each calendar quarter, to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee, identifying the programs funded, the number of persons served, and the expenditures for the programs. The quarterly report also must include information on the number of persons and the duration of stays for persons held in hospital emergency rooms and local jails when a program is unable to serve the person."
SECTION 2. This act takes effect upon approval by the Governor.
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