Bill Text: CA SB551 | 2023-2024 | Regular Session | Amended

California Senate Bill 551 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Beverage containers: recycling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-29 - Chaptered by Secretary of State. Chapter 983, Statutes of 2024. [SB551 Detail]

Download: California-2023-SB551-Amended.html

Amended IN Assembly June 15, 2023

Amended IN Senate May 01, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 551

Introduced by Senator Portantino
(Coauthors: Senators Roth, Umberg, and Wilk)
(Coauthors: Assembly Members Jackson, Lackey, Quirk-Silva, Luz Rivas, and Blanca Rubio)

February 15, 2023

An act to amend Section 5604 of the Welfare and Institutions Code, relating to mental health.

LEGISLATIVE COUNSEL'S DIGEST

SB 551, as amended, Portantino. Mental health boards.

Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services in every county through locally administered and locally controlled community mental health programs. Existing law requires each community mental health service to have a mental health board, as specified. Existing law encourages counties to appoint members of the community who represent specific groups, including county offices of education and hospitals. Existing law requires a member of the board to abstain from voting on any issue in which the member has a financial interest.

This bill would require ~~at least 20%~~ one member of a mental health board’s membership to be employed by a local educational agency, and at least ~~20%~~ one member to be an individual who is 25 years of age or younger in counties with a ~~population of 500,000 or more. The bill would also require one member~~ mental health board membership of 5 to 8 members. The bill would require 2 members of the board to be employed by a local educational agency and at least 2 members to be 25 years of age or younger in counties with a mental health board membership of 9 to 15 members. The bill would require at least 2 members of the board to be employed by a local educational agency and at least ~~one member~~ two members to be 25 years of age or younger in counties with a ~~population fewer than 500,000, but more than 100,000. In counties with a population of fewer than 100,000, this bill would require those~~ mental health board membership of 16 or more members. The bill would require counties to give a strong preference to appointing ~~at least one member of the board who is employed by a local education agency or is 25 years of age or younger. The~~ members of the board who have experience providing mental health services to students. The bill would state that the intent of the Legislature is for youth appointments to a mental health board to address or prevent health and mental health disparities or inequities through representation of vulnerable, underserved, and marginalized communities. The bill would also authorize a person to represent more than one membership type on a mental health board. The bill would delete county offices of education from the list of representatives from which counties are encouraged to appoint board members. The bill would prohibit more than 49% of the members of a county’s mental health board from owning or operating an organization or business that financially benefits from a proposed or adopted Mental Health Services Act plan. By placing a new requirement on counties, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 5604 of the Welfare and Institutions Code is amended to read:

5604.

(a) (1) Each community mental health service shall have a mental health board consisting of 10 to 15 members, depending on the preference of the county, appointed by the governing body, except that boards in counties with a population of fewer than 80,000 may have a minimum of five members. A county with more than five supervisors shall have at least the same number of members as the size of its board of supervisors. This section does not limit the ability of the governing body to increase the number of members above 15.

(2) (A) The board shall serve in an advisory role to the governing body, and one member of the board shall be a member of the local governing body. Local mental health boards may recommend appointees to the county supervisors. The board membership should reflect the diversity of the client population in the county to the extent possible.

(B) Fifty percent of the board membership shall be consumers, or the parents, spouses, siblings, or adult children of consumers, who are receiving or have received mental health services. At least 20 percent of the total membership shall be consumers, and at least 20 percent shall be families of consumers.

(C) (i) In counties with a population of 100,000 or more, at least one member of the board shall be a veteran or veteran advocate. In counties with a population of fewer than 100,000, the county shall give a strong preference to appointing at least one member of the board who is a veteran or a veteran advocate.

(ii) To comply with clause (i), a county shall notify its county veterans service officer about vacancies on the board, if a county has a veterans service officer.

(D) (i) (I) In counties with a ~~population of 500,000 or more, at least 20 percent~~ mental health board membership of five to eight members, one member of the board shall be employed by a local educational agency, and at least ~~20 percent~~ one member of the board shall be an individual who is 25 years of age or younger. In counties with a population of fewer than 500,000, but more than 100,000, at least one member of the board shall be employed by a local educational agency, and at least one member shall be an individual who is 25 years of age or younger. In counties with a population of fewer than 100,000, the county shall give a strong preference to appointing at least one member of the board who is employed by a local educational agency, and at least one member who is an individual 25 years of age or younger.

(II) In counties with a mental health board membership of 9 to 15 members, 2 members of the board shall be employed by a local educational agency, and at least 2 members of the board shall be individuals who are 25 years of age or younger.
(III) In counties with a mental health board of 16 or more members, at least 2 members of the board shall be employed by a local educational agency, and at least 2 members of the board shall be individuals who are 25 years of age or younger.
(ii) (I) Counties shall give a strong preference when appointing a local educational agency member to individuals who have experience providing mental health services to students.
(II) It is the intent of the Legislature that youth appointments to a mental health board should address or prevent health and mental health disparities or inequities through representation of vulnerable, underserved, and marginalized communities.

(E) In addition to the requirements in subparagraphs (B), (C), and (D), counties are encouraged to appoint individuals who have experience with, and knowledge of, the mental health system. This would include members of the community that engage with individuals living with mental illness in the course of daily operations, such as representatives of ~~county offices of education,~~ large and small businesses, hospitals, hospital districts, physicians practicing in emergency departments, city police chiefs, county sheriffs, and community and nonprofit service providers.

(F) An individual may represent more than one of the membership types specified in subparagraphs (B), (C), (D), and (E).

(3) (A) In counties with a population that is fewer than 80,000, at least one member shall be a consumer and at least one member shall be a parent, spouse, sibling, or adult child of a consumer who is receiving, or has received, mental health services.

(B) Notwithstanding subparagraph (A), a board in a county with a population that is fewer than 80,000 that elects to have the board exceed the five-member minimum permitted under paragraph (1) shall be required to comply with paragraph (2).

(b) The mental health board shall review and evaluate the local public mental health system, pursuant to Section 5604.2, and advise the governing body on community mental health services delivered by the local mental health agency or local behavioral health agency, as applicable.

(c) The term of each member of the board shall be for three years. The governing body shall equitably stagger the appointments so that approximately one-third of the appointments expire in each year.

(d) If two or more local agencies jointly establish a community mental health service pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the mental health board for the community mental health service shall consist of an additional two members for each additional agency, one of whom shall be a consumer or a parent, spouse, sibling, or adult child of a consumer who has received mental health services.

(e) (1) Except as provided in paragraph (2), a member of the board or the member’s spouse shall not be a full-time or part-time county employee of a county mental health service, an employee of the State Department of Health Care Services, or an employee of, or a paid member of the governing body of, a mental health contract agency.

(2) A consumer of mental health services who has obtained employment with an employer described in paragraph (1) and who holds a position in which the consumer does not have any interest, influence, or authority over any financial or contractual matter concerning the employer may be appointed to the board. The member shall abstain from voting on any financial or contractual issue concerning the member’s employer that may come before the board.

(f) (1) Members of the board shall abstain from voting on any issue in which the member has a financial interest as defined in Section 87103 of the Government Code.

(2) No more than 49 percent of the members of a county’s mental health board may own or operate an organization or business that financially benefits from a proposed or adopted Mental Health Services Act plan.

(g) If it is not possible to secure membership as specified in this section from among persons who reside in the county, the governing body may substitute representatives of the public interest in mental health who are not full-time or part-time employees of the county mental health service, the State Department of Health Care Services, or on the staff of, or a paid member of the governing body of, a mental health contract agency.

(h) The mental health board may be established as an advisory board or a commission, depending on the preference of the county.

(i) For purposes of this section, “veteran advocate” means either a parent, spouse, or adult child of a veteran, or an individual who is part of a veterans organization, including the Veterans of Foreign Wars or the American Legion.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.