S*0467(Rat #0081, Act #0184 of 2005)  Joint Resolution, By Hayes and Peeler
 A JOINT RESOLUTION TO PROVIDE THAT UPON EXECUTION OF AN APPROPRIATE CONTRACT
 THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH IS AUTHORIZED TO TRANSFER A
 CERTAIN SUM OF MONEY FROM AN ACCOUNT DESIGNATED FOR THE PURCHASE OR
 CONSTRUCTION OF A CHILD AND ADOLESCENT FACILITY AT THE CATAWBA COMMUNITY
 MENTAL HEALTH CENTER TO THE FRIENDS OF THE FAMILY CENTER, A NONPROFIT
 ORGANIZATION, FOR THE PURPOSE OF RAISING ADDITIONAL FUNDING TO PURCHASE A
 SUITABLE BUILDING TO SERVE AS A CHILD AND ADOLESCENT MENTAL HEALTH FACILITY TO
 BE NAMED THE CATAWBA FAMILY CENTER. - ratified title

   02/09/05  Senate Introduced and read first time SJ-16
   02/09/05  Senate Referred to Committee on Finance SJ-16
   02/15/05  Senate Recalled from Committee on Finance SJ-3
   02/16/05  Senate Read second time SJ-15
   02/17/05  Senate Read third time and sent to House SJ-12
   02/22/05  House  Introduced and read first time HJ-6
   02/22/05  House  Referred to Committee on Ways and Means HJ-6
   05/11/05  House  Committee report: Favorable Ways and Means HJ-14
   05/12/05  House  Read second time HJ-51
   05/12/05  House  Unanimous consent for third reading on next
                     legislative day HJ-52
   05/13/05  House  Read third time and enrolled HJ-5
   05/18/05         Ratified R 81
   05/23/05         Signed By Governor
   05/25/05         Copies available
   05/25/05         Effective date 05/23/05
   07/20/05         Act No. 184

(A184, R81, S467)

A JOINT RESOLUTION TO PROVIDE THAT UPON EXECUTION OF AN APPROPRIATE CONTRACT THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH IS AUTHORIZED TO TRANSFER A CERTAIN SUM OF MONEY FROM AN ACCOUNT DESIGNATED FOR THE PURCHASE OR CONSTRUCTION OF A CHILD AND ADOLESCENT FACILITY AT THE CATAWBA COMMUNITY MENTAL HEALTH CENTER TO THE FRIENDS OF THE FAMILY CENTER, A NONPROFIT ORGANIZATION, FOR THE PURPOSE OF RAISING ADDITIONAL FUNDING TO PURCHASE A SUITABLE BUILDING TO SERVE AS A CHILD AND ADOLESCENT MENTAL HEALTH FACILITY TO BE NAMED THE CATAWBA FAMILY CENTER.

Be it enacted by the General Assembly of the State of South Carolina:

Authorization to transfer funds

SECTION    1.    Upon execution of the contract required by this section, the South Carolina Department of Mental Health is authorized to transfer the sum of $199,168.50 from an account designated for the purchase or construction of a child and adolescent facility at the Catawba Community Mental Health Center to the Friends of the Family Center, a nonprofit organization, for the purpose of raising additional funding to purchase, by June 30, 2006, a suitable building to serve as a child and adolescent mental health facility to be named the Catawba Family Center. This transfer is subject to the terms and conditions contained in this section and as specified in a contract to be negotiated and executed between the department and the Friends of the Family Center in regard to the acquisition of the Catawba Family Center. The terms of this contract shall include, but are not limited to, the following:

(1)    the Catawba Family Center must be operated by the Catawba Mental Health Center and the Department of Mental Health;

(2)    the Friends of the Family Center may not use the funding transferred from the Department of Mental Health for projects or investments other than the acquisition of the Catawba Family Center, and the funds must only be applied to the reasonable sale price of the real property that does not include any pre-closing or settlement costs;

(3)    the real property must be free and clear of any mortgages or similar debts and any other financial encumbrances at the time of and subsequent to closing;

(4)    upon written request from the Department of Mental Health, the Friends of the Family shall provide the Department of Mental Health with an accounting of all funds and permit the Department of Mental Health access to its financial records;

(5)    in the event that the Friends of the Family Center are unable to raise sufficient funds to purchase a suitable building on or before June 30, 2006, the Friends of the Family Center shall transfer the sum of $199,168.50 plus reasonable interest together with any additional funding raised for the purpose of funding the Catawba Family Center to the Department of Mental Health to be used for this purpose, unless the Mental Health Commission approves a motion to allow the Friends of the Family Center to continue holding funds past June 30, 2006, to continue fund raising for the Catawba Family Center;

(6)    the Department of Mental Health upon receipt of these funds pursuant to item (5) shall then deposit these funds into a restricted account. Any interest earned by the account shall remain with the account. The funds in the account may not be used by the Department of Mental Health for any purpose other than funding the Catawba Family Center;

(7)    any real estate purchased with the funds by the Department of Mental Health or Friends of the Family at the conclusion of all transactions must be titled in the name of the State of South Carolina;

(8)    the transaction shall meet all applicable provisions of state law including Budget and Control Board requirements.

Time effective

SECTION    2.    This joint resolution takes effect upon approval by the Governor.

Ratified the 18th day of May, 2005.

Approved the 23rd day of May, 2005.