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- Subject Index: Since 1995
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2000 SESSION
003938210Whereas, the General Assembly finds that the advent of new drug therapies and new community treatment strategies has created an era of new hope for thousands of Virginians who suffer from serious mental illness and their families; and
Whereas, these new drug therapies and new community treatment strategies have allowed thousands of Virginians with serious mental illness to be effectively treated without hospitalization, to live at home with their families, and to have meaningful careers and become productive members of their communities; and
Whereas, as a result of the new drug therapies and community treatment strategies, admissions to state psychiatric hospitals have declined dramatically; and
Whereas, Eastern State Hospital has seen a reduction in admissions from 2,185 in fiscal year 1995 to 1,157 in fiscal year 1999; and
Whereas, of the 29 buildings that comprise the hospital complex, only eight buildings are used to house patients, two buildings have been scheduled for demolition, five buildings have been declared surplus, and four buildings require substantial capital expenditures if they are to be used much longer; and
Whereas, of the over 550 acres upon which the complex sits, a substantial portion remains unused; and
Whereas, the Hancock Geriatric Treatment Center, which provides treatment for up to 260 patients and is the largest single component of Eastern State Hospital, is in need of substantial capital renovations in order to provide adequately for the health, safety and privacy of the patients; and
Whereas, since 1773, the Commonwealth has considered it an essential function to provide services to individuals with mental disabilities; and
Whereas, in order for the Commonwealth to continue to make progress in the treatment of individuals with serious mental illnesses, it must transform antiquated facilities, unused assets and underused assets into assets that can be used directly for the treatment of patients; and
Whereas, the restructuring of Eastern State Hospital and the sale of all or portions of its property will allow for these assets to be maximized in the first instance on behalf of the hospital's patients, and thereafter on behalf of consumers throughout the mental health, mental retardation, and substance abuse services system; now, therefore,
Be it enacted by the General Assembly of Virginia:
1. That § 2.1-1.5, as it is currently effective and as it will become effective, of the Code of Virginia is amended and reenacted, and that the Code of Virginia is amended by adding in Title 2.1 a chapter numbered 54, consisting of sections numbered 2.1-812 through 2.1-819, as follows:
§ 2.1-1.5. Entities not subject to standard nomenclature.
The following entities are not subject to the provisions of § 2.1-1.2 due to the unique characteristics or the enabling legislation of the entities:
Assistive Technology Loan Fund Authority.
Medical College of Virginia Hospitals Authority.
Richmond Eye and Ear Hospital Authority.
Small Business Financing Authority.
Virginia Agriculture Development Authority.
Virginia College Building Authority.
Virginia Economic Development Partnership.
Virginia Housing Development Authority.
Virginia Information Providers Network Authority.
Virginia Innovative Technology Authority.
Virginia Port Authority.
Virginia Public Building Authority.
Virginia Public School Authority.
Virginia Resources Authority.
Board of Commissioners, Virginia Agriculture Development Authority.
Board of Commissioners, Virginia Port Authority.
Board of Directors, Assistive Technology Loan Fund Authority.
Board of Directors, Medical College of Virginia Hospitals Authority.
Board of Directors, Richmond Eye and Ear Hospital Authority.
Board of Directors, Small Business Financing Authority.
Board of Directors, Virginia Economic Development Partnership.
Board of Directors, Virginia Innovative Technology Authority.
Board of Directors, Virginia Resources Authority.
Board of Regents, Gunston Hall Plantation.
Board of Regents, James Monroe Memorial Law Office and Library.
Board of Trustees, Family and Children's Trust Fund.
Board of Trustees, Frontier Culture Museum of Virginia.
Board of Trustees, Jamestown-Yorktown Foundation.
Board of Trustees, Mental Health, Mental Retardation and Substance Abuse Services Trust Fund.
Board of Trustees, Miller School of Albemarle.
Board of Trustees, Rural Virginia Development Foundation.
Board of Trustees, The Science Museum of Virginia.
Board of Trustees, Virginia Museum of Fine Arts.
Board of Trustees, Virginia Museum of Natural History.
Board of Trustees, Virginia Outdoor Outdoors Foundation.
Board of Visitors, Christopher Newport University.
Board of Visitors, George Mason University.
Board of Visitors, Gunston Hall Plantation.
Board of Visitors, James Madison University.
Board of Visitors, Longwood College.
Board of Visitors, Mary Washington College.
Board of Visitors, Norfolk State University.
Board of Visitors, Old Dominion University.
Board of Visitors, Radford University.
Board of Visitors, The College of William and Mary in Virginia.
Board of Visitors to Mount Vernon.
Board of Visitors, University of Virginia.
Board of Visitors, Virginia Commonwealth University.
Board of Visitors, Virginia Military Institute.
Board of Visitors, Virginia Polytechnic Institute and State University.
Board of Visitors, Virginia State University.
Commonwealth Health Research Board.
Governing Board, Virginia College Building Authority.
Governing Board, Virginia Public School Authority.
Library Board, The Library of Virginia.
Motor Vehicle Dealer Board.
State Board for Community Colleges, Virginia Community College System.
Virginia-Israel Advisory Board.
(Effective until July 1, 2002) Wireless E-911 Service Board.
Advisory Commission on the Virginia Schools for the Deaf and the Blind.
Alexandria Historical Restoration and Preservation Commission.
Charitable Gaming Commission.
Chesapeake Bay Bridge and Tunnel Commission.
Hampton Roads Sanitation District Commission.
Tobacco Indemnification and Community Revitalization Commission.
Chesapeake Bay Bridge and Tunnel District.
Hampton Roads Sanitation District.
Christopher Newport University.
Frontier Culture Museum of Virginia.
George Mason University.
James Madison University.
Jamestown-Yorktown Foundation.
Longwood College.
Mary Washington College.
Miller School of Albemarle.
Norfolk State University.
Old Dominion University.
Radford University.
The College of William and Mary in Virginia.
The Library of Virginia.
The Science Museum of Virginia.
University of Virginia.
Virginia Commonwealth University.
Virginia Community College System.
Virginia Military Institute.
Virginia Museum of Fine Arts.
Virginia Polytechnic Institute and State University.
Virginia State University.
Chippokes Plantation Farm Foundation.
Rural Virginia Development Foundation.
Virginia Arts Foundation.
Virginia Land Conservation Foundation.
Virginia Historic Preservation Foundation.
Virginia Outdoor Outdoors Foundation.
Virginia Tobacco Settlement Foundation.
Virginia Museum of Natural History.
A. L. Philpott Manufacturing Extension Partnership.
Gunston Hall Plantation.
§ 2.1-1.5. (Delayed effective date) Entities not subject to standard nomenclature.
The following entities are not subject to the provisions of § 2.1-1.2 due to the unique characteristics or the enabling legislation of the entities:
Assistive Technology Loan Fund Authority.
Medical College of Virginia Hospitals Authority.
Richmond Eye and Ear Hospital Authority.
Small Business Financing Authority.
Virginia Agriculture Development Authority.
Virginia College Building Authority.
Virginia Economic Development Partnership.
Virginia Housing Development Authority.
Virginia Information Providers Network Authority.
Virginia Innovative Technology Authority.
Virginia Port Authority.
Virginia Public Building Authority.
Virginia Public School Authority.
Virginia Resources Authority.
Board of Commissioners, Virginia Agriculture Development Authority.
Board of Commissioners, Virginia Port Authority.
Board of Directors, Assistive Technology Loan Fund Authority.
Board of Directors, Medical College of Virginia Hospitals Authority.
Board of Directors, Richmond Eye and Ear Hospital Authority.
Board of Directors, Small Business Financing Authority.
Board of Directors, Virginia Economic Development Partnership.
Board of Directors, Virginia Innovative Technology Authority.
Board of Directors, Virginia Resources Authority.
Board of Regents, Gunston Hall Plantation.
Board of Regents, James Monroe Memorial Law Office and Library.
Board of Trustees, Family and Children's Trust Fund.
Board of Trustees, Frontier Culture Museum of Virginia.
Board of Trustees, Jamestown-Yorktown Foundation.
Board of Trustees, Mental Health, Mental Retardation and Substance Abuse Services Trust Fund.
Board of Trustees, Miller School of Albemarle.
Board of Trustees, Rural Virginia Development Foundation.
Board of Trustees, The Science Museum of Virginia.
Board of Trustees, Virginia Museum of Fine Arts.
Board of Trustees, Virginia Museum of Natural History.
Board of Trustees, Virginia Outdoor Outdoors Foundation.
Board of Visitors, Christopher Newport University.
Board of Visitors, The College of William and Mary in Virginia.
Board of Visitors, George Mason University.
Board of Visitors, Gunston Hall Plantation.
Board of Visitors, James Madison University.
Board of Visitors, Longwood College.
Board of Visitors, Mary Washington College.
Board of Visitors to Mount Vernon.
Board of Visitors, Norfolk State University.
Board of Visitors, Old Dominion University.
Board of Visitors, Radford University.
Board of Visitors, University of Virginia.
Board of Visitors, Virginia Commonwealth University.
Board of Visitors, Virginia Military Institute.
Board of Visitors, Virginia Polytechnic Institute and State University.
Board of Visitors, Virginia State University.
Commonwealth Health Research Board.
Governing Board, Virginia College Building Authority.
Governing Board, Virginia Public School Authority.
Library Board, The Library of Virginia.
Motor Vehicle Dealer Board.
State Board for Community Colleges, Virginia Community College System.
Virginia-Israel Advisory Board.
(Effective until July 1, 2002) Wireless E-911 Service Board.
Advisory Commission on the Virginia Schools for the Deaf and the Blind.
Alexandria Historical Restoration and Preservation Commission.
Charitable Gaming Commission.
Chesapeake Bay Bridge and Tunnel Commission.
Hampton Roads Sanitation District Commission.
Chesapeake Bay Bridge and Tunnel District.
Hampton Roads Sanitation District.
Christopher Newport University.
Frontier Culture Museum of Virginia.
George Mason University.
James Madison University.
Jamestown-Yorktown Foundation.
Longwood College.
Mary Washington College.
Miller School of Albemarle.
Norfolk State University.
Old Dominion University.
Radford University.
The College of William and Mary in Virginia.
The Library of Virginia.
The Science Museum of Virginia.
University of Virginia.
Virginia Commonwealth University.
Virginia Community College System.
Virginia Military Institute.
Virginia Museum of Fine Arts.
Virginia Polytechnic Institute and State University.
Virginia State University.
Chippokes Plantation Farm Foundation.
Rural Virginia Development Foundation.
Virginia Arts Foundation.
Virginia Conservation and Recreation Foundation.
Virginia Outdoor Outdoors Foundation.
Virginia Museum of Natural History.
A. L. Philpott Manufacturing Extension Partnership.
Gunston Hall Plantation.
§ 2.1-812. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Board" means the Board of Trustees of the Mental Health, Mental Retardation and Substance Abuse Services Trust Fund.
"Fund" means the Mental Health, Mental Retardation and Substance Abuse Services Trust Fund.
§ 2.1-813. Mental Health, Mental Retardation and Substance Abuse Services Trust Fund established; purpose.
There is hereby created in the state treasury a special nonreverting fund to be known as the Mental Health, Mental Retardation and Substance Abuse Services Trust Fund to enhance and assure for the coming years the quality of care and treatment provided to the patients at Eastern State Hospital and the quality of care and treatment provided to consumers of the Commonwealth's mental health, mental retardation, and substance abuse services. The Fund shall be established on the books of the Comptroller. Notwithstanding the provisions of § 2.1-512, the Fund shall consist of the net proceeds of the sale of Eastern State Hospital and the land, or portions thereof, upon which it is located, the sale of other vacant buildings and land held by the Department of Mental Health, Mental Retardation and Substance Abuse Services, and any savings resulting from the sale and restructuring of Eastern State Hospital or other properties. The Fund shall also consist of such moneys as shall be appropriated by the General Assembly. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes set forth in this chapter. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services.
§ 2.1-814. Board of Trustees; appointment of officers; terms of office.
A. The Fund shall be governed and administered by a Board of Trustees consisting of fifteen members as follows: six members who shall be confirmed by an affirmative vote of a majority of those voting in each house of the General Assembly, to be appointed by the Governor; three members to be appointed by the Speaker of the House of Delegates; three members to be appointed by the Senate Committee on Privileges and Elections; and the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services, the State Treasurer or his designee, and an employee of Eastern State Hospital appointed by the Commissioner. The Board shall include at least three members who are consumers or family members of consumers at Eastern State Hospital; at least three members who represent James City County, Williamsburg and the greater Hampton Roads area; and at least three members who represent statewide consumer and advocacy organizations.
The initial appointments of the citizen members shall be as follows: four shall be appointed for four-year terms, four shall be appointed for three-year terms and four shall be appointed for two-year terms. Thereafter, all appointments shall be for terms of four years, except that appointments to fill vacancies shall be for the unexpired terms. No person shall be appointed to serve for more than two consecutive four-year terms, but after the expiration of a term of three years or less, or after the expiration of the remainder of a term to which a person has been appointed to fill a vacancy, two additional terms may be served by such member if appointed thereto.
B. The Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services shall serve as chairman of the Board. The Board, in its discretion, may elect from its membership a vice-chairman and a treasurer for each calendar year. A majority of the members of the Board shall constitute a quorum.
C. Members of the Board shall receive no compensation, but shall be reimbursed for actual expenses incurred in the performance of their duties.
D. Notwithstanding the provisions of any other law, no officer or employee of the Commonwealth shall be deemed to have forfeited his office or employment by reason of his acceptance of membership on the Board.
§ 2.1-815. Powers and duties of the Board.
A. The Board shall have the powers and duties to invest moneys in the Fund in any instruments, obligations, securities, or property deemed appropriate by the Board and to make recommendations to assist the Department of Mental Health, Mental Retardation and Substance Abuse Services in its efforts to (i) restructure Eastern State Hospital and (ii) increase the quality and availability of mental health, mental retardation and substance abuse services within the Commonwealth.
B. The Department of the Treasury shall provide staff assistance to the Board in carrying out the Board's powers and duties.
§ 2.1-816. Board actions not a debt of the Commonwealth.
No act or undertaking of the Board shall be deemed to constitute a debt of the Commonwealth or any political subdivision thereof, or a pledge of the full faith and credit of the Commonwealth or any political subdivision thereof, but shall be payable solely from the Fund.
§ 2.1-817. Fund property tax exempt.
The assets of the Fund shall be used for the benefit of the citizens of the Commonwealth and shall be used for an essential government function pursuant to this chapter and shall be exempt from state and local taxation.
§ 2.1-818. Annual report.
The Department of the Treasury shall submit an annual statement of the receipts, disbursements, and current investments of the Fund for the preceding year to the Governor, the Senate Committee on Finance, and the House Committees on Appropriations and Finance. The report shall set forth a complete operating and financial statement covering the operation of the Fund during the year and shall include a statement of projected receipts, disbursements, investments, and costs for the further operation of the Fund.
§ 2.1-819. Forms of accounts and records; audit of same.
The accounts and records of the Board showing the receipts and disbursements of funds from whatever source derived shall be in such form as the Auditor of Public Accounts prescribes. The Auditor of Public Accounts, or his legally authorized representatives, shall annually audit the accounts of the Board, and the cost of such audit services shall be borne by the Fund.
2. That the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services is hereby authorized to develop and implement a plan for the restructuring of Eastern State Hospital. The plan shall include the development of improved facilities to provide treatment for the long-term and geriatric patients and the development of community based services for patients receiving acute care at Eastern State Hospital. The Commissioner shall develop and implement the restructuring plan in coordination with the Board of Trustees of the Mental Health, Mental Retardation and Substance Abuse Services Trust Fund. The Virginia Economic Development Partnership shall provide necessary assistance and support in the sale of the Eastern State Hospital property. The Commissioner shall make quarterly reports to the Governor, the Chairman of the Senate Finance Committee and the Chairmen of the House Appropriations and Finance Committees.
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