Adopted

AMENDMENT NO 1 PROPOSED TO

Senate Bill No. 3162

BY: Senator(s) Hopson

     AMEND by deleting Section 2 in its entirety and inserting the following in lieu thereof:

SECTION 2.  As a condition of expending the funds appropriated under Section 1 of this act, the Department of Mental Health shall enter into a memorandum of agreement with Canopy Children's Solutions governing the operation of the CARES Center that requires Canopy Children's Solutions to:

          (a)  Give first preference to individuals who are under the care of the Department of Mental Health and Child Protection Services;

          (b)  Designate a minimum of thirty-three (33) of the facilities’ beds for patients of the Department of Mental Health and Child Protection Services;

          (c)  Agree to provide and maintain such beds in a condition satisfactory to the Department of Mental Health by a date to be determined by the Department of Mental Health;

          (d)  Execute a promissory note and a deed of trust between Canopy Children's Solutions and the Department of Mental Health evidencing a security interest in the CARES Center for a sum equal to the amount of state funds expended to construct or renovate the CARES Center;

          (e)  Reimburse a sum equal to the amount of state funds expended to construct or renovate the CARES Center to the Department of Mental Health upon the substantial breach of the memorandum of agreement required by this section;

          (f)  Authorize the Department of Mental Health to assert or maintain a claim in any proceeding to recoup a sum equal to the amount of state funds expended to construct and renovate the CARES Center upon the substantial breach of the memorandum of agreement required by this section; and

          (g)  Release the Department of Mental Health, the state, and any of its political subdivisions from any obligation to maintain the CARES Center or any designated state beds.

     For purposes of this section, a substantial breach of the memorandum of agreement shall include, but not be limited to, the failure to maintain in a satisfactory condition the designated state beds required by this section for a period of three (3) consecutive months, the dissolution of Canopy Children's Solutions, a filing for bankruptcy by Canopy Children's Solutions, or the permanent cessation of operation of the CARE Center.