Pennsylvania Act 1938-21 (session 1) — MENTAL HOSPITALS, ESTABLISHMENT AND ABANDONMENT

Act text

MENTAL HOSPITALS, ESTABLISHMENT AND ABANDONMENT
         Act of Sep. 29, 1938, Special Session 1, P.L. 53, No. 21     Cl. 50
                      Special Session No. 1 of 1938
                               No. 1938-21
        (Act reenacted and amended May 25, 1945, P.L.1074, No.396)

                                  AN ACT

     Relating to institutions of counties, cities, wards, boroughs,
        townships, institution districts and other political
        subdivisions, for the care, maintenance, and treatment of
        mental patients; providing for the transfer to the
        Commonwealth for the care, maintenance and treatment of
        mental patients of such institutions, and all grounds, lands,
        buildings and personal property of such political
        subdivisions used for the care and maintenance of indigent
        persons connected with such mental institutions; providing
        for the management and operation or closing and abandonment
        thereof; and the maintenance of mental patients therein;
        including the collection of maintenance in certain cases;
        providing for the retransfer of certain property to counties,
        cities, wards, boroughs, townships, institution districts and
        other political subdivisions under certain circumstances;
        conferring and imposing upon the Governor, the Department of
        Welfare, the courts of common pleas and counties, cities,
        wards, boroughs, townships, institution districts and other
        political subdivisions certain powers and duties; prohibiting
        cities, counties, wards, boroughs, townships, institution
        districts and other political subdivisions from maintaining
        and operating institutions, in whole or in part, for the care
        and treatment of mental patients; and repealing inconsistent
        laws.

        Whereas, Experience has proven that the care and maintenance
     of indigent mentally ill persons, mental defectives and
     epileptics should be centralized in the State Government in
     order to insure their proper and uniform care, maintenance,
     custody, safety and welfare; and
        Whereas, Complete care for such persons in institutions
     operated exclusively by the State Government will effect great
     economies for municipal subdivisions.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  All buildings acquired or erected by any county,
     city, ward, borough, township, institution district or other
     political subdivision for the care, maintenance and treatment of
     mental patients, the personal property within such buildings or
     incidental thereto, and any and all other grounds and lands
     connected therewith or annexed thereto, are hereby transferred
     to and vested in the Commonwealth of Pennsylvania, regardless of
     whether or not such property was used solely for mental patients
     or in common with indigent persons: Provided, That where any
     such buildings for mental patients are operated in conjunction
     with buildings dedicated to the care and maintenance of indigent
     persons who are not mental patients, the buildings used for the
     care of such persons, the personal property within such
     buildings, or incidental thereto, the land actually occupied by
     such buildings, and the lands or yards presently set apart for
     the use of the indigent persons cared for in such buildings, and
     the lands necessary for ingress and egress thereto and
     therefrom, are also hereby transferred to and vested in the
     Commonwealth upon compliance with the provisions set forth in
     subsection (b) of section 2 of this act.
        Where any lands and property so transferred are presently
     used by any county, city, ward, borough, township, institution
     district or other political subdivision as a farm and woodlands
     in connection with buildings dedicated to the care and
     maintenance of indigent persons who are not mental patients,
     said lands and property are also hereby transferred to and
     vested in the Commonwealth.
        Where auxiliary structures and facilities furnishing light,
     heat, power, water, laundry, kitchen, sewage treatment services
     and coal supply are so transferred to the Commonwealth which
     were theretofore used in common for the buildings devoted to
     mental patients and also the buildings devoted to indigent
     persons, such auxiliary structures, facilities, services and
     supplies shall remain vested in the Commonwealth: Provided,
     however, That from and after the transfer to the Commonwealth of
     all grounds, lands, buildings, and personal property used for
     the care and maintenance of indigent persons, the Commonwealth
     shall be relieved from all obligation to furnish any institution
     district with such services.
        Any property so transferred to and vested in the Commonwealth
     shall, if found suitable in accordance with this act, be
     thereafter used as a State mental hospital, but if such property
     shall, be found unsuitable for such purpose, or shall be
     thereafter abandoned by the Commonwealth as such a hospital
     before substantial improvements thereto have been made, then, in
     either event, such building lands and personal property so
     transferred to the Commonwealth shall absolutely revert to and
     vest in the county, city, ward, borough, township, institution
     district or other political subdivision from which transferred,
     and the Commonwealth shall have no further claim or title
     thereto.
        In the event that any personal property originally
     transferred to the Commonwealth cannot be returned to the
     political subdivisions from which transferred, other personal
     property of value equivalent to that which was originally
     transferred to the Commonwealth may be returned by the
     Commonwealth to such political subdivision, or the value of the
     personal property originally transferred to the Commonwealth at
     the date of return may be paid by the Commonwealth to such
     political subdivisions from funds appropriated to the Department
     of Welfare for such purpose.
        Compiler's Note:  Section 4 of Act 364 of 1967 provided that
            section 1 is repealed insofar as it is inconsistent with
            Act 364.
        Compiler's Note:  Section 3 of Act 569 of 1965 provided that
            section 1 is repealed insofar as it is inconsistent with
            Act 569.
        Compiler's Note:  Section 3 of Act 310 of 1965 provided that
            section 1 is repealed insofar as it is inconsistent with
            Act 310.
        Compiler's Note:  Section 4 of Act 130 of 1953 provided that
            section 1 is repealed insofar as it is inconsistent with
            Act 130.
        Section 2.  (2 repealed June 12, 1951, P.L.533, No.141)
        Section 3.  (3 repealed June 12, 1951, P.L.533, No.141)
        Section 4.  (4 repealed June 12, 1951, P.L.533, No.141)
        Section 5.  (5 repealed June 12, 1951, P.L.533, No.141)
        Section 6.  (6 repealed June 12, 1951, P.L.533, No.141)
        Section 7.  (7 repealed June 12, 1951, P.L.533, No.141)
        Section 8.  (8 repealed June 12, 1951, P.L.533, No.141)
        Section 8.1.  (8.1 repealed June 12, 1951, P.L.533, No.141)