AB 860: Mental Health Services Oversight and Accountability Commission: factfinding tour.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-07-14
Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission to oversee the administration of various parts of the act. The act may be amended by the Legislature by a 2/3 vote of both houses and only so long as the amendment is consistent with and furthers the intent of the act. The Legislature may clarify procedures and terms of the act by majority vote.
Existing law, the Bagley-Keene Open Meeting Act, requires all meetings of a state body to be open and public and requires that all persons shall be permitted to attend any meeting of a state body, except as otherwise specified. For purposes of the act, state body includes, among other entities, every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order. As a state commission created by statute, the Mental Health Services Oversight and Accountability Commission is a state body for purposes of the act.
This bill, notwithstanding the Bagley-Keene Open Meeting Act (Bagley-Keene Act) or any other law, would authorize the commission to conduct a factfinding tour of a facility or location that either is not open to the public, or for which opening the facility or location to the public would compromise or impede the safety or security of the facility or location, including, but not limited to, locked mental health facilities, prisons, jails, schools, or other facilities in furtherance of the commissions duties, for the purpose of supporting those duties. The bill would require the commission to comply with specified notice provisions required by the Bagley-Keene Act prior to the factfinding tour. The bill would require the commission to provide specified notice to members of the media of the proposed site tour and allow at least one member of the media to attend the site tour, as specified. The bill would prohibit the commission from taking any action, as described, during the site tour and from discussing among themselves any business of a specific nature that does not fall within the scope or purpose of the tour. The bill would require the commission to post a summary of the factfinding tour on its Internet Web site within 10 days after its completion.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
This bill would declare that it clarifies procedures and terms of the Mental Health Services Act.
Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission to oversee the administration of various parts of the act. The act may be amended by the Legislature by a 2/3 vote of both houses and only so long as the amendment is consistent with and furthers the intent of the act. The Legislature may clarify procedures and terms of the act by majority vote.
Existing law, the Bagley-Keene Open Meeting Act, requires all meetings of a state body to be open and public and requires that all persons shall be permitted to attend any meeting of a state body, except as otherwise specified. For purposes of the act, state body includes, among other entities, every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order. As a state commission created by statute, the Mental Health Services Oversight and Accountability Commission is a state body for purposes of the act.
This bill, notwithstanding the Bagley-Keene Open Meeting Act (Bagley-Keene Act) or any other law, would authorize the commission to conduct a factfinding tour of a facility or location that either is not open to the public, or for which opening the facility or location to the public would compromise or impede the safety or security of the facility or location, including, but not limited to, locked mental health facilities, prisons, jails, schools, or other facilities related to the discharge in furtherance of the commissions duties, for the purpose of supporting those duties. The bill would require the commission to comply with specified notice provisions required by the Bagley-Keene Act prior to the factfinding tour. The bill would require the commission to provide 10 days specified notice to members of the media of the proposed site tour and allow at least one member of the media to attend the site tour, as specified. The bill would prohibit the commission from taking any action, as described, during the site tour and from discussing among themselves any business of a specific nature that does not fall within the scope or purpose of the tour. The bill would require the commission to post a summary of the factfinding tour on its Internet Web site within 10 days after its completion.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
This bill would declare that it clarifies procedures and terms of the Mental Health Services Act.
Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission to oversee the administration of various parts of the act. The act may be amended by the Legislature by a 2/3 vote of both houses and only so long as the amendment is consistent with and furthers the intent of the act. The Legislature may clarify procedures and terms of the act by majority vote.
Existing law, the Bagley-Keene Open Meeting Act, requires all meetings of a state body to be open and public and requires that all persons shall be permitted to attend any meeting of a state body, except as otherwise specified. For purposes of the act, state body includes, among other entities, every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order. As a state commission created by statute, the Mental Health Services Oversight and Accountability Commission is a state body for purposes of the act.
This bill, notwithstanding the Bagley-Keene Open Meeting Act (Bagley-Keene Act) or any other law, would authorize the commission to conduct a factfinding tour of a facility or location that either is not open to the public, or for which opening the facility or location to the public would compromise or impede the safety or security of the facility or location, including, but not limited to, locked mental health facilities, prisons, jails, schools, or other facilities related to the discharge of the commissions duties, for the purpose of supporting those duties. The bill would require the commission to comply with specified notice provisions required by the Bagley-Keene Act prior to the factfinding tour. The bill would require the commission to provide 10 days notice to members of the media of the proposed site tour and allow at least one member of the media to attend the site tour, as specified. The bill would prohibit the commission from taking any action, as described, during the site tour and from discussing among themselves any business of a specific nature that does not fall within the scope or purpose of the tour. The bill would require the commission to post a summary of the factfinding tour on its Internet Web site within 10 days after its completion.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
This bill would declare that it clarifies procedures and terms of the Mental Health Services Act.
(a)Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code or any other law, the commission may conduct a factfinding tour of a facility or location that either is not open to the public, or for which opening the facility or location to the public would compromise or impede the safety or security of the facility or location, including, but not limited to, locked mental health facilities, prisons, jails, schools, or other facilities in furtherance of the commissions duties, for the purpose of supporting the commissions duties under the Mental Health Services Act.
(b)(1)The commission shall comply with the notice procedures specified in Sections 11125 and 11125.1 of the Government Code. The notice required by Section 11125 of the Government Code shall include a statement identifying the location, date, and purpose of the factfinding tour, and the reason that the location of the site visit is not open to the public.
(2)The notice identified in paragraph (1) shall also include information for members of the media of the commissions intent to tour a facility or location described in subdivision (a), and shall allow at least one member of the media to attend the factfinding tour. The commission may make arrangements for a pool reporter to attend the tour if the number of reporters requesting to accompany the commission is excessive and would compromise or impede the safety and security of the facility or location.
(3)The information described in paragraph (2) shall be directed to reporters, publishers, and editors employed by a newspaper, magazine, or other periodical publication, or by a press association or wire service.
(c)The commission shall not take any action, as described in Section 11122 of the Government Code, during a factfinding tour authorized by this section, and the members shall not discuss among themselves any business of a specific nature that does not fall within the scope or purpose of the tour.
(d)The commission shall post on its Internet Web site a summary of the factfinding tour authorized by this section within 10 days after the completion of the tour.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 5845.1 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act strikes an appropriate balance between the publics right to access information regarding the conduct of its government agencies and the commissions need to tour sites that are not open to the public in order to collect information relevant to and in furtherance of its duties, and to ensure that the safety and security of other restricted-access sites visited by the commission, such as schools, are not impeded or compromised.
SEC. 3.The Legislature finds and declares that this act clarifies procedures and terms of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.
(a)Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code or any other law, the commission may conduct a factfinding tour of a facility or location that either is not open to the public, or for which opening the facility or location to the public would compromise or impede the safety or security of the facility or location, including, but not limited to, locked mental health facilities, prisons, jails, schools, or other facilities related to the discharge in furtherance of the commissions duties, for the purpose of supporting the commissions duties under the Mental Health Services Act.
(b)(1)The commission shall provide 10 days notice on its Internet Web site to members of the media identified in paragraph (2) of the commissions intent to tour a facility or location as described in subdivision (a), and shall allow at least one member of the media to attend the factfinding tour. The commission may make arrangements for a pool reporter to attend the tour if the number of reporters requesting to accompany the commission is excessive and would compromise or impede the safety and security of the facility or location.(2)The notice described in paragraph (1) shall be directed to reporters, publishers, and editors employed by a newspaper, magazine, or other periodical publication, or by a press association or wire service.(c)(b)(1)The commission shall comply with the notice procedures specified in Sections 11125 and 11125.1 of the Government Code. The notice required by Section 11125 of the Government Code shall include a statement identifying the location, date, and purpose of the factfinding tour. tour, and the reason that the location of the site visit is not open to the public.
(2)The notice identified in paragraph (1) shall also include information for members of the media of the commissions intent to tour a facility or location described in subdivision (a), and shall allow at least one member of the media to attend the factfinding tour. The commission may make arrangements for a pool reporter to attend the tour if the number of reporters requesting to accompany the commission is excessive and would compromise or impede the safety and security of the facility or location.
(3)The information described in paragraph (2) shall be directed to reporters, publishers, and editors employed by a newspaper, magazine, or other periodical publication, or by a press association or wire service.
(d)(c)The commission shall not take any action, as described in Section 11122 of the Government Code, during a factfinding tour authorized by this section, and the members shall not discuss among themselves any business of a specific nature that does not fall within the scope or purpose of the tour.
(e)(d)The commission shall post on its Internet Web site a summary of the factfinding tour authorized by this section within 10 days after the completion of the tour.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 5845.1 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act strikes an appropriate balance between the publics right to access information regarding the conduct of its government agencies and the commissions need to tour sites that are not open to the public in order to collect information relevant to and in furtherance of its duties, and to ensure that the safety and security of other restricted-access sites visited by the commission, such as schools, are not impeded or compromised.
SEC. 3.The Legislature finds and declares that this act clarifies procedures and terms of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.
(a)Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code or any other law, the commission may conduct a factfinding tour of a facility or location that either is not open to the public, or for which opening the facility or location to the public would compromise or impede the safety or security of the facility or location, including, but not limited to, locked mental health facilities, prisons, jails, schools, or other facilities related to the discharge of the commissions duties, for the purpose of supporting the commissions duties under the Mental Health Services Act.
(b)(1)The commission shall provide 10 days notice on its Internet Web site to members of the media identified in paragraph (2) of the commissions intent to tour a facility or location as described in subdivision (a), and shall allow at least one member of the media to attend the factfinding tour. The commission may make arrangements for a pool reporter to attend the tour if the number of reporters requesting to accompany the commission is excessive and would compromise or impede the safety and security of the facility or location.
(2)The notice described in paragraph (1) shall be directed to reporters, publishers, and editors employed by a newspaper, magazine, or other periodical publication, or by a press association or wire service.
(c)The commission shall comply with the notice procedures specified in Sections 11125 and 11125.1 of the Government Code. The notice required by Section 11125 of the Government Code shall include a statement identifying the location, date, and purpose of the factfinding tour.
(d)The commission shall not take any action, as described in Section 11122 of the Government Code, during a factfinding tour authorized by this section, and the members shall not discuss among themselves any business of a specific nature that does not fall within the scope or purpose of the tour.
(e)The commission shall post on its Internet Web site a summary of the factfinding tour authorized by this section within 10 days after the completion of the tour.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which adds Section 5845.1 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act strikes an appropriate balance between the publics right to access information regarding the conduct of its government agencies and the commissions need to tour sites that are not open to the public in order to collect information relevant to and in furtherance of its duties, and to ensure that the safety and security of other restricted-access sites visited by the commission, such as schools, are not impeded or compromised.
SEC. 3.The Legislature finds and declares that this act clarifies procedures and terms of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.
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Date
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Status
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|---|---|
| Sep 11, 2017 | Stricken from file. |
| Aug 21, 2017 | Consideration of Governor's veto pending. |
| Jul 31, 2017 | Vetoed by Governor. |
| Jul 18, 2017 | Enrolled and presented to the Governor at 12:45 p.m. |
| Jul 13, 2017 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jul 13, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Jul 11, 2017 | Read second time. Ordered to Consent Calendar. |
| Jul 10, 2017 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jun 22, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| May 24, 2017 | Referred to Com. on HEALTH. |
| May 11, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 11, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1489.) |
| May 4, 2017 | Read second time. Ordered to Consent Calendar. |
| May 3, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 3). |
| Apr 19, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 20. Noes 0.) (April 19). Re-referred to Com. on APPR. |
| Apr 17, 2017 | Re-referred to Com. on G.O. |
| Apr 6, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended. |
| Apr 5, 2017 | From committee: Do pass and re-refer to Com. on G.O. (Ayes 14. Noes 0.) (April 4). Re-referred to Com. on G.O. |
| Mar 2, 2017 | Referred to Coms. on HEALTH and G.O. |
| Feb 17, 2017 | From printer. May be heard in committee March 19. |
| Feb 16, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Jul 13, 2017 | Consent Calendar 2nd AB860 | Senate Floor |
Passed |
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| Jun 21, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Health |
Passed |
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| May 11, 2017 | AB 860 COOLEY Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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| May 3, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 19, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Governmental Organization |
Passed |
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| Apr 4, 2017 | Do pass and be re-referred to the Committee on [Governmental Organization] | Assembly Standing Committee on Health |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California Access Coalition | ** Support | Jul 12, 2017 |
| California Council Of Community Behavioral Health Agencies | ** Support | Jul 12, 2017 |
| California Mental Health Planning Council | ** Support | Jul 12, 2017 |
| CaliforniaHealth+ Advocates | ** Support | Jul 12, 2017 |
| Mental Health Services Oversight and Accountability Commission | ** Support | Jul 12, 2017 |
GOVERNOR'S VETO
GV Bill Id:AB 860
Author:(Cooley)
As Enrolled Ver:July 18, 2017
2/3 vote
Committee | Votes | Ayes | Noes |
Health | 15-0 | Wood, Maienschein, Bonta, Burke, Gallagher, Limón, McCarty, Nazarian, Patterson, Quirk-Silva, Rodriguez, Santiago, Thurmond, Waldron | |
Governmental Organization | 17-0 | Gray, Bigelow, Acosta, Aguiar-Curry, Bocanegra, Bonta, Cooley, Cooper, Daly, Gallagher, Eduardo Garcia, Gipson, Gloria, Jones-Sawyer, Kiley, Levine, Low, Rubio, Salas, Waldron |
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ASSEMBLY: | 77-0 | (May 11, 2017) | SENATE: | 39-0 | (July 13, 2017) |
SUMMARY: Exempts the Mental Health Services Oversight and Accountability Commission (Commission) from the Bagley-Keene Open Meeting Act (Bagley-Keene Act) when conducting a fact-finding tour of specified mental health facilities, or other facilities related to the discharge of the Commission's duties. Requires the Commission to comply with specified Bagley-Keene Act notice requirements prior to the fact-finding tour. Specifically, this bill:
- Exempts the Commission from the Bagley-Keene Act when conducting a fact-finding tour of a facility or a location that is either not open to the public, or for which opening the facility or location to the public would compromise the safety or security of the facility or location, including, but not limited to, locked mental health facilities, prisons, jails, schools, or other facilities related to the discharge of the commission's duties, for the purpose of supporting the Commission's duties under the Mental Health Services Act (MHSA).
- Requires the Commission to provide 10 days' notice on its Internet Web site to members of the media of the Commission's intent to tour a facility, and requires the Commission to permit at least one member of the media to attend the fact-finding tour. Requires the notice to be directed to reporters, publishers, and editors employed by a newspaper, magazine, or other periodical publication, or by a press association or wire service.
- Permits the Commission to make arrangements for a pool reporter to attend the tour if the number of reporters requesting to accompany the Commission is excessive and would compromise or impede the safety and security of the facility or location.
- Requires the Commission to comply with the notice procedures of the Bagley-Keene Act and requires that the notice include a statement identifying the location, date, and purpose of the fact-finding tour.
- Prohibits the Commission from taking any action during a fact-finding tour and prohibits the members from discussing among themselves any business that does not fall within the scope or purpose of the tour.
- Requires the Commission to post on its Internet Web site a summary of the fact-finding tour within 10 days after the completion of the tour.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, citing the Centers for Disease Control and Prevention and the National Institute of Mental Health data, over 20% of children and 25% of adults in America suffer from a diagnosable mental disorder. In 2004 the California voters passed the MHSA to transform the mental health system. The MHSA established the Commission as an independent entity charged with providing oversight and accountability to the public mental health system. The intended outcomes of the MHSA include reducing incarcerations, school failure, unemployment, suicide, suffering, and prolonged homelessness for those in need of mental health services.
Current law requires that any location where the Commission conducts a fact-finding tour be open to the general public. However, many Californians with mental health needs receive services in locations that are not open to the public, including locked mental health facilities, schools, jails, and prisons, making it difficult for the Commission to gather information about services provided behind closed doors and discharge its oversight duties effectively.
California's mental health system needs effective oversight to ensure positive outcomes for the growing number of individuals in need of services, whether services are provided in public or non-public facilities. This bill strengthens accountability of mental health services by allowing the Commission to visit non-public facilities when gathering information in support of their oversight duties.
According to the Commission, the sponsor of the bill, in order to effectively discharge its duties, it conducts fact finding tours of facilities not open to the public. To properly discharge its oversight duties, the Commission needs to have access to these types of non-public facilities. The Bagley-Keene Act requires all meetings of a state body, including the Commission, to be open to the public. This bill authorizes the Commission to conduct a fact-finding tour of non-public facilities, while continuing to comply with specified notice provisions of the Bagley-Keene Act.
This bill would allow the Mental Health Services Oversight and Accountability Commission to tour facilities that are providing mental health services to patients and are not open to the public.
Individual commission members can and do visit locked mental health facilities, jails, psychiatric hospitals, and schools to observe mental health care services firsthand. Creating an exception to the Bagley-Keene open meeting laws to allow an entourage of commissioners and press to visit these facilities is unnecessary and could disrupt treatment programs or compromise the privacy of those receiving services.
Analysis Prepared by: Paula Villescaz / HEALTH / (916) 319-2097 FN: 0001305
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 860
:
SENATE HEALTH COMMITTEE: 9-0, 6/21/17
AYES: Hernandez, Nguyen, Atkins, Leyva, Mitchell, Monning, Newman, Nielsen, Roth
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/11/17 (Consent) - See last page for vote
SOURCE: Mental Health Services Oversight and Accountability Commission
DIGEST:
This bill allows the Mental Health Services Oversight and Accountability Commission (MHSOAC) to conduct a fact-finding tour of a facility or location not accessible by the public, as specified, in furtherance of the MHSOAC’s duties. Requires the MHSOAC to post on its Internet Web site a summary of the fact-finding tour within 10 days after the completion of the tour.
Existing law:
- Establishes the Mental Health Services Act (MHSA), enacted by voters in 2004 as Proposition 63, to provide funds to counties to expand services, develop innovative programs, and integrated service plans for mentally ill children, adults, and seniors through a 1% income tax on personal income above $1 million.
- Establishes the MHSOAC to oversee the implementation of the MHSA, develop strategies to overcome stigma, and advise the Governor and the Legislature on ways the state can improve care and services to people with mental illness. Requires the MHSOAC to consist of 16 voting members as follows:
- The Attorney General or his or her designee;
- The Superintendent of Public Instruction or his or her designee;
- The Chair of the Senate Health and Human Services Committee or another member of the Senate selected by the President pro Tempore of the Senate;
- The Chair of the Assembly Health Committee or another member of the Assembly selected by the Speaker of the Assembly; and
- 12 members appointed by the Governor that include:
- Two people with a severe mental illness;
- A family member of an adult or senior with a severe mental illness;
- A family member of a child who has or has had a severe mental illness;
- A physician specializing in alcohol and drug treatment;
- A mental health professional;
- A county sheriff;
- A superintendent of a school district;
- A representative of a labor organization;
- A representative of an employer with less than 500 employees;
- A representative of an employer with more than 500 employees; and,
- A representative of a health care services plan or insurer.
- Requires the MHSOAC to ensure that the perspective and participation of diverse community members reflective of California populations and others suffering from severe mental illness and their family members is a significant factor in all of its decisions and recommendations.
- Establishes the Bagley-Keene Act, which requires state entities to conduct their meetings open to the public, as specified.
- Prohibits a majority of the members of a state body, outside of a meeting authorized by the Bagley-Keene Act, from discussing, deliberating, or taking action on any item of business that is within the subject matter of the state body.
This bill:
- Allows the MHSOAC to conduct a fact-finding tour of a facility or location that either is not open to the public or for which opening the facility or location to the public would compromise or impede the safety of security of the facility or location, including, but not limited to, locked mental health facilities, prisons, jails, schools, or other facilities in furtherance of the MHSOAC’s duties, as specified.
- Requires the MHSOAC to comply with specified notice procedures, pursuant to the Bagley-Keene Act, and to include a statement identifying the location, date, and purpose of the fact-finding tour, and the reason that the location of the site visit is not open to the public.
- Requires specified notices to include information for members of the media, as specified, and to allow at least one member of the media to attend the fact-finding tour, as specified. Requires members of the media to be reporters, publishers, and editors employed by a newspaper, magazine, or other periodical publication, or by a press association or wire service.
- Prohibits the MHSOAC from taking specified action, including collective decision making, commitments, or promises, during a fact-finding tour and prohibits MHSOAC members from discussing among themselves any business that does not fall within the scope or purpose of the tour.
- Requires the MHSOAC to post on its Internet Web site a summary of the fact-finding tour within 10 days after the completion of the tour.
Comments
- Author’s statement. According to the author, current law requires any location where the MHSOAC conducts a fact-finding tour to be open to the general public. However, many Californians with mental health needs receive services in locations that are not open to the public, including locked mental health facilities, schools, jails, and prisons, making it difficult for the MHSOAC to gather information about services provided behind closed doors and to discharge its oversight duties effectively. California’s mental health system needs effective oversight to ensure positive outcomes for the growing number of individuals in need of services, whether services are provided in public or non-public facilities. This bill strengthens accountability of mental health services by allowing the MHSOAC to visit non-public facilities when gathering information in support of their oversight duties. This bill also requires a summary of the fact-finding tours to be made available to the public and maintains that any meetings held or decisions made by the MHSOAC be done in open locations so that the public may attend and be kept informed.
- MHSOAC. The MHSOAC consists of 16 voting members to oversee the implementation of the MHSA, develop strategies to overcome stigma, and advise the Governor and the Legislature on ways the state can improve care and services to people with mental illness. According to the MHSOAC, as part of their work, they periodically conduct site visits as a strategy to learn about what is and is not working, and to improve their understanding of how services are organized and delivered. At the same time, the MHSOAC is subject to the requirements of the Bagley-Keene Act, which requires state bodies to operate in public. According to the MHSOAC, any time they meet, even as a quorum or subcommittee, the meetings are required to be open and accessible to the public. A typical MHSOAC subcommittee is three members, so a quorum of a subcommittee is two. Under Bagley-Keene, any time two members of a subcommittee meet, that meeting must be open to the public. According to the MHSOAC, last year, as part of a project examining strategies to reduce the involvement of mental health consumers with the criminal justice system, they asked to tour the Los Angeles county jail, which is considered the largest mental health institution in the country. The MHSOAC had to limit the number of members who could visit the facility because having a quorum visit the jail would trigger the open meeting requirement of Bagley-Keene, and jails are not publicly accessible. The MHSOAC also has a project to improve access to mental health care for children in ways that can support their educational outcomes, a specified requirement in the MHSA. But like jails, schools have statutory authority to limit public access. According to the MHSOAC, these two examples reveal the potential conflict between its oversight role that can involve visiting institutions that cannot be made publicly accessible and the requirements of the Bagley-Keene Act. Psychiatric hospitals also present a challenge because they also cannot be made publicly accessible for care and security reasons.
- Bagley-Keene Act. The Bagley-Keene Act applies to all state boards and commissions, and requires these entities to publicly notice their meetings, prepare agendas, accept public testimony, and conduct their meetings in public, unless authorized to meet in closed session. The Bagley-Keene Act covers multimember bodies and advisory bodies. Examples of entities covered by the act are: state boards; commissions; committees; panels; councils; advisory bodies created by the Legislature; and advisory bodies having three or more members that are created by formal action of another body. The only gatherings of members of a body that are exempt from the Bagley-Keene Act are social gatherings and conferences. There are currently no exemptions for fact-finding tours. Entities are required to provide notice of a meeting to any person who requests notice in writing, and are required to make the notice available on the Internet at least 10 days in advance of the meeting. Notices are required to include the name, address, and telephone number of any person who can provide further information prior to the meeting and an agenda, including a brief description of the items of business to be transacted or discussed in either open or closed session, as specified. Upon request, entities are required to provide a person notice for all meetings of a state body or for a specific meeting or meetings. Notices are required to be made available in appropriate alternative formats that comply with the Americans with Disabilities Act of 1990 and the relevant related federal rules and regulations, as specified.
Related/Prior Legislation
AB 1134 (Gloria) authorizes the MHSOAC to establish a fellowship program, as specified. AB 1134 passed out of the Senate Health Committee by a vote of 9-0 on June 14, 2017.
AB 850 (Chau) adds a Governor-appointed member to the Mental Health Services Oversight and Accountability Commission who has knowledge and experience in reducing mental health disparities, especially for racial and ethnic communities. AB 850 passed out of the Senate Health Committee by a vote of 9-0 on June 7, 2017.
AB 462 (Thurmond) authorizes the Director of the Employment Development Department to share information with the MHSOAC related to quarterly wage data to assist in fulfilling its duties under the MHSA, as specified. AB 462 passed out of the Senate Health Committee by a vote of 9-0 on June 7, 2017.
AB 745 (Chau of 2015) would have required the Governor to appoint an additional member to the MHSOAC who has experience providing supportive housing to persons with a severe mental illness. AB 745 was vetoed by the Governor who stated that while supportive housing can help improve the lives of those with serious mental illness the current 16 members of the MHSOAC are adequate to the task.
AB 253 (Roger Hernández of 2015) would have made changes to the MHSA, including adding two additional members to the MHSOAC, one of whom would have been required to have knowledge and experience in reducing mental health disparities. AB 253 was not heard in the Senate Transportation and Housing Committee.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Mental Health Services Oversight and Accountability Commission (source)
California Access Coalition
California Council of Community Behavioral Health Agencies
CaliforniaHealth+ Advocates
California Mental Health Planning Council
OPPOSITION: (Verified 7/11/17)
None received
ARGUMENTS IN SUPPORT: The MHSOAC, sponsor of this bill, and other supporters state that in order to effectively discharge its duties, the MHSOAC conducts fact-finding tours of facilities that are not open to the public, such as locked mental health facilities, jails, prisons, and schools, and needs to have access to these types of nonpublic facilities. The MHSOAC states that this bill would allow its members to tour nonpublic facilities while continuing to comply with provisions of the Bagley-Keene Act. Supporters argue that it’s important for the MHSOAC members to be able to tour facilities that receive MHSA funding in order to ensure that target populations get the mental health services they need, and to understand and develop appropriate policies for service delivery and treatment.
ASSEMBLY FLOOR: 77-0, 5/11/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond,
Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Dahle, O'Donnell, Patterson
7/12/17 15:43:56
**** END ****
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: AB 860
AUTHOR: | Cooley | ||
VERSION: | April 6, 2017 | ||
HEARING DATE: | June 21, 2017 | ||
CONSULTANT: | Reyes Diaz | ||
SUBJECT: Mental Health Services Oversight and Accountability Commission: factfinding tour
SUMMARY:
- Allows the Mental Health Services Oversight and Accountability Commission
(MHSOAC) to conduct a fact-finding tour of a facility or location not accessible by the public, as specified, in furtherance of the MHSOAC’s duties. Requires the MHSOAC to post on its Internet Web site a summary of the fact-finding tour within 10 days after the completion of the tour.
Existing law:
- Establishes the Mental Health Services Act (MHSA), enacted by voters in 2004 as Proposition 63, to provide funds to counties to expand services, develop innovative programs, and integrated service plans for mentally ill children, adults, and seniors through a 1% income tax on personal income above $1 million.
- Establishes the MHSOAC to oversee the implementation of the MHSA, develop strategies to overcome stigma, and advise the Governor and the Legislature on ways the state can improve care and services to people with mental illness. Requires the MHSOAC to consist of 16 voting members as follows:
- The Attorney General or his or her designee;
- The Superintendent of Public Instruction or his or her designee;
- The Chair of the Senate Health and Human Services Committee or another member of the Senate selected by the President pro Tempore of the Senate;
- The Chair of the Assembly Health Committee or another member of the Assembly selected by the Speaker of the Assembly; and
- 12 members appointed by the Governor that include:
- Two people with a severe mental illness;
- A family member of an adult or senior with a severe mental illness;
- A family member of a child who has or has had a severe mental illness;
- A physician specializing in alcohol and drug treatment;
- A mental health professional;
- A county sheriff;
- A superintendent of a school district;
- A representative of a labor organization;
- A representative of an employer with less than 500 employees;
- A representative of an employer with more than 500 employees; and,
- A representative of a health care services plan or insurer.
- Requires the MHSOAC to ensure that the perspective and participation of diverse community members reflective of California populations and others suffering from severe mental illness and their family members is a significant factor in all of its decisions and recommendations.
- Establishes the Bagley-Keene Act, which requires state entities to conduct their meetings open to the public, as specified.
- Prohibits a majority of the members of a state body, outside of a meeting authorized by the Bagley-Keene Act, from discussing, deliberating, or taking action on any item of business that is within the subject matter of the state body.
This bill:
- Allows the MHSOAC to conduct a fact-finding tour of a facility or location that either is not open to the public or for which opening the facility or location to the public would compromise or impede the safety of security of the facility or location, including, but not limited to, locked mental health facilities, prisons, jails, schools, or other facilities in furtherance of the MHSOAC’s duties, as specified.
- Requires the MHSOAC to comply with specified notice procedures, pursuant to the Bagley-Keene Act, and to include a statement identifying the location, date, and purpose of the fact-finding tour, and the reason that the location of the site visit is not open to the public.
- Requires specified notices to include information for members of the media, as specified, and to allow at least one member of the media to attend the fact-finding tour, as specified. Requires members of the media to be reporters, publishers, and editors employed by a newspaper, magazine, or other periodical publication, or by a press association or wire service.
- Prohibits the MHSOAC from taking specified action, including collective decision making, commitments, or promises, during a fact-finding tour and prohibits MHSOAC members from discussing among themselves any business that does not fall within the scope or purpose of the tour.
- Requires the MHSOAC to post on its Internet Web site a summary of the fact-finding tour within 10 days after the completion of the tour.
FISCAL EFFECT:
According to the Assembly Appropriations Committee, this bill would result in negligible state costs.
PRIOR VOTES:
Assembly Floor: | 77 - 0 |
Assembly Appropriations Committee: | 16 - 0 |
Assembly Health Committee: | 14 - 0 |
COMMENTS:
- Author’s statement. According to the author, current law requires any location where the MHSOAC conducts a fact-finding tour to be open to the general public. However, many Californians with mental health needs receive services in locations that are not open to the public, including locked mental health facilities, schools, jails, and prisons, making it difficult for the MHSOAC to gather information about services provided behind closed doors and to discharge its oversight duties effectively. California’s mental health system needs effective oversight to ensure positive outcomes for the growing number of individuals in need of services, whether services are provided in public or non-public facilities. This bill strengthens accountability of mental health services by allowing the MHSOAC to visit non-public facilities when gathering information in support of their oversight duties. This bill also requires a summary of the fact-finding tours to be made available to the public and maintains that any meetings held or decisions made by the MHSOAC be done in open locations so that the public may attend and be kept informed.
- MHSOAC. The MHSOAC consists of 16 voting members to oversee the implementation of the MHSA, develop strategies to overcome stigma, and advise the Governor and the Legislature on ways the state can improve care and services to people with mental illness. According to the MHSOAC, as part of their work, they periodically conduct site visits as a strategy to learn about what is and is not working, and to improve their understanding of how services are organized and delivered. At the same time, the MHSOAC is subject to the requirements of the Bagley-Keene Act, which requires state bodies to operate in public. According to the MHSOAC, any time they meet, even as a quorum or subcommittee, the meetings are required to be open and accessible to the public. A typical MHSOAC subcommittee is three members, so a quorum of a subcommittee is two. Under Bagley-Keene, any time two members of a subcommittee meet, that meeting must be open to the public. According to the MHSOAC, last year, as part of a project examining strategies to reduce the involvement of mental health consumers with the criminal justice system, they asked to tour the Los Angeles county jail, which is considered the largest mental health institution in the country. The MHSOAC had to limit the number of members who could visit the facility because having a quorum visit the jail would trigger the open meeting requirement of Bagley-Keene, and jails are not publicly accessible. The MHSOAC also has a project to improve access to mental health care for children in ways that can support their educational outcomes, a specified requirement in the MHSA. But like jails, schools have statutory authority to limit public access. According to the MHSOAC, these two examples reveal the potential conflict between its oversight role that can involve visiting institutions that cannot be made publicly accessible and the requirements of the Bagley-Keene Act. Psychiatric hospitals also present a challenge because they also cannot be made publicly accessible for care and security reasons.
- Bagley-Keene Act. The Bagley-Keene Act applies to all state boards and commissions, and requires these entities to publicly notice their meetings, prepare agendas, accept public testimony, and conduct their meetings in public, unless authorized to meet in closed session. The Bagley-Keene Act covers multimember bodies and advisory bodies. Examples of entities covered by the act are: state boards; commissions; committees; panels; councils; advisory bodies created by the Legislature; and advisory bodies having three or more members that are created by formal action of another body. The only gatherings of members of a body that are exempt from the Bagley-Keene Act are social gatherings and conferences. There are currently no exemptions for fact-finding tours. Entities are required to provide notice of a meeting to any person who requests notice in writing, and are required to make the notice available on the Internet at least 10 days in advance of the meeting. Notices are required to include the name, address, and telephone number of any person who can provide further information prior to the meeting and an agenda, including a brief description of the items of business to be transacted or discussed in either open or closed session, as specified. Upon request, entities are required to provide a person notice for all meetings of a state body or for a specific meeting or meetings. Notices are required to be made available in appropriate alternative formats that comply with the Americans with Disabilities Act of 1990 and the relevant related federal rules and regulations, as specified.
- Related legislation. AB 1134 (Gloria) authorizes the MHSOAC to establish a fellowship program, as specified. AB 1134 passed out of this committee by a vote of 9-0 on June 14, 2017.
AB 850 (Chau) adds a Governor-appointed member to the Mental Health Services Oversight and Accountability Commission who has knowledge and experience in reducing mental health disparities, especially for racial and ethnic communities. AB 850 passed out of this committee by a vote of 9-0 on June 7, 2017.
AB 462 (Thurmond) authorizes the Director of the Employment Development Department to share information with the MHSOAC related to quarterly wage data to assist in fulfilling its duties under the MHSA, as specified. AB 462 passed out of this committee by a vote of 9-0 on June 7, 2017.
- Prior legislation. AB 745 (Chau of 2015) would have required the Governor to appoint an additional member to the MHSOAC who has experience providing supportive housing to persons with a severe mental illness. AB 745 was vetoed by the Governor who stated that while supportive housing can help improve the lives of those with serious mental illness the current 16 members of the MHSOAC are adequate to the task.
AB 253 (Roger Hernández of 2015) would have made changes to the MHSA, including adding two additional members to the MHSOAC, one of whom would have been required to have knowledge and experience in reducing mental health disparities. AB 253 was not heard in the Senate Transportation and Housing Committee.
- Support. The MHSOAC, sponsor of this bill, and other supporters state that in order to effectively discharge its duties, the MHSOAC conducts fact-finding tours of facilities that are not open to the public, such as locked mental health facilities, jails, prisons, and schools, and needs to have access to these types of nonpublic facilities. The MHSOAC states that this bill would allow its members to tour nonpublic facilities while continuing to comply with provisions of the Bagley-Keene Act. Supporters argue that it’s important for the MHSOAC members to be able to tour facilities that receive MHSA funding in order to ensure that target populations get the mental health services they need, and to understand and develop appropriate policies for service delivery and treatment.
SUPPORT AND OPPOSITION:
Support: Mental Health Services Oversight and Accountability Commission (sponsor)
California Access Coalition
California Council of Community Behavioral Health Agencies
CaliforniaHealth+ Advocates
California Mental Health Planning Council
Oppose: None received
-- END --
Date of Hearing: May 3, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 860
Author:(Cooley) – As Amended Ver:April 6, 2017
Policy Committee: | Health | Vote: | 14 - 0 |
Governmental Organization | 20 - 0 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill exempts the Mental Health Services Oversight and Accountability Commission (Commission) from certain provisions in the Bagley-Keene Open Meeting Act for the purposes of conducting a fact-finding tour of a non-public facility or a location that cannot be safely opened to the public.
It also requires the Commission to disclose certain information about the tour and provide opportunities for reporters to attend, and contains related provisions.
FISCAL EFFECT:
Negligible state costs.
COMMENTS:
- Purpose. Current law requires that any location where the Commission conducts a fact-finding tour be open to the general public. However, the author points out, many Californians with mental health needs receive services in locations that are not open to the public, including locked mental health facilities, schools, jails, and prisons. This makes it difficult for the Commission to gather information about services provided behind closed doors and discharge its oversight duties effectively. This bill would allow a narrow exemption to open-meetings law to allow fact-finding tours, in order to provide appropriate field learning opportunities to commissioners.
- Background. The Commission is charged with overseeing Proposition 63, also called the Mental Health Services Act (MHSA), which was approved by voters in 2004 and enacted into law on January 1, 2005. The MHSA places a 1% tax on personal income above $1 million to fund community mental health services. Prior to making allocations to counties, up to 5% of total of annual revenues is set aside for administrative costs, which includes the Commission's annual operating costs. Counties use MHSA dollars to expand mental health services, provide prevention and early intervention services, offer innovative programs, and educate, train and retain mental health professionals.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
Date of Hearing: April 19, 2017
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
ABPCA Bill Id:AB 860 (
Author:Cooley) – As Amended Ver:April 6, 2017
SUBJECT: Mental Health Services Oversight and Accountability Commission: factfinding tour
SUMMARY: Exempts the Mental Health Services Oversight and Accountability Commission (Commission) from certain provisions in the Bagley-Keene Open Meeting Act (Bagley-Keene Act). Specifically, this bill:
- Exempts the Commission from the Bagley-Keene Act when conducting a fact-finding tour of a facility or a location that is either not open to the public, or for which opening the facility or location to the public would compromise the safety or security of the facility or location, including, but not limited to, locked mental health facilities, prisons, jails, schools, or other facilities related to the discharge of the commission’s duties, for the purpose of supporting the Commission's duties under the Mental Health Services Act (MHSA).
- Requires the Commission to comply Bagley-Keene notice procedures specified in Government Code § 11125 and 11125.1.
- Requires the notice to include a statement identifying the location, date, and purpose of the fact-finding tour, and the reason that the location of the site visit is not open to the public.
- Requires the notice to include information for members of the media of the commission’s intent to tour a facility or location, and shall allow at least one member of the media to attend the fact-finding tour.
- Permits the Commission to make arrangements for a pool reporter to attend the tour if the number of reporters requesting to accompany the Commission is excessive and would compromise or impede the safety and security of the facility or location.
- Prohibits the Commission from taking any action during a fact-finding tour and prohibits the members from discussing among themselves any business that does not fall within the scope or purpose of the tour.
- Requires the Commission to post on its Internet Website a summary of the fact-finding tour within 10 days after the completion of the tour.
- Makes legislative findings and declarations to justify the limitations on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies this bill imposes.
EXISTING LAW:
- Establishes the Bagley-Keene Act which requires state entities to conduct their meetings open to the public. These requirements include, but are not limited to:
- Providing notice of a meeting to any person who requests notice in writing. Requires the notice to be given and be made available on the Internet at least 10 days in advance of the meeting. Requires the notice to include the name, address, and telephone number of any person who can provide further information prior to the meeting;
- The notice to include an agenda including a brief description of the items of business to be transacted or discussed in either open or closed session, as specified;
- Upon request, a person be provided notice for all meetings of a state body or for a specific meeting or meetings; and,
- The notice to be made available in appropriate alternative formats that comply with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the relevant related federal rules and regulations, as specified.
- The Bagley-Keene Act defines “state body” to mean each of the following:
- Every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order.
- A board, commission, committee, or similar multimember body that exercises any authority of a state body delegated to it by that state body.
- An advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action of the state body or of any member of the state body. Advisory bodies created to consist of fewer than three individuals are not a state body, except that standing
committees of a state body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by resolution, policies, bylaws, or formal action of a state body are statebodies for the purposes of this chapter.
(d) A board, commission, committee, or similar multimember body on which a member of a body that is a state body pursuant to this section serves in his or her official capacity as a representative of that state body and that is supported, in whole or in part, by funds provided by the state body, whether the multimember body is organized and operated by the state body or by a private corporation.
- Prohibits a majority of the members of a state body, outside of a meeting authorized by the Bagley-Keene Act, from discussing, deliberating, or taking action on any item of business that is within the subject matter of the state body.
- Specifies that the prohibition in 7) above does not apply to the attendance of a majority of the members of a state body at an open and publicized meeting organized to address a topic of state concern by a person or organization other than the state body, if a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the state body.
- Establishes the MHSA, enacted by voters in 2004 as Proposition 63, to provide funds to counties to expand services, develop innovative programs, and integrated service plans for mentally ill children, adults, and seniors through a 1% income tax on personal income above $1 million.
- Establishes the Commission to oversee the implementation of MHSA, made up of 16 individuals appointed by the Governor and the Legislature, as specified.
FISCAL EFFECT: Unknown
COMMENTS:
Purpose of the Bill: According to the author, “citing the Centers for Disease Control and Prevention and the National Institute of Mental Health data, over 20% of children and 25% of adults in America suffer from a diagnosable mental disorder. In 2004 the California voters passed the MHSA to transform the mental health system. The MHSA established the Commission as an independent entity charged with providing oversight and accountability to the public mental health system. The intended outcomes of the MHSA include reducing incarcerations, school failure, unemployment, suicide, suffering, and prolonged homelessness for those in need of mental health services.
Current law requires that any location where the Commission conducts a fact-finding tour be open to the general public. However, many Californians with mental health needs receive services in locations that are not open to the public, including locked mental health facilities, schools, jails, and prisons, making it difficult for the Commission to gather information about services provided behind closed doors and discharge its oversight duties effectively.
California's mental health system needs effective oversight to ensure positive outcomes for the growing number of individuals in need of services, whether services are provided in public or non-public facilities. This bill strengthens accountability of mental health services by allowing the Commission to visit non-public facilities when gathering information in support of their oversight duties.”
Background: When the Legislature enacted the Bagley-Keene Act of 1967, it essentially said that when a body sits down to develop its consensus, there needs to be a seat at the table reserved for the public. In doing so, the Legislature has provided the public with the ability to monitor and be part of the decision-making process. The Act explicitly mandates open meetings for California State agencies, boards, and commissions. It facilitates transparency of government activities and protects the rights of citizens to participate in state government deliberations. Therefore, absent a specific reason to keep the public out of meetings, the public is allowed to monitor and participate in the decision-making process. Similarly, the Ralph M. Brown Act of 1953 protects citizen's rights to open meetings at the local and county government levels.
Existing law defines an advisory board, commission, committee, and subcommittee of a state body that is comprised of three or more persons and created by a formal action of the body as a “state body” for purposes of the Act. This generally requires state agencies, boards, and commissions to publicly notice meetings, prepare formal agendas, accept public testimony, and conduct meetings in public, unless specifically authorized to meet in closed session.
While the Bagley-Keene Act contains specific exceptions from the open meeting requirements where government has demonstrated a need for confidentiality, such exceptions have been narrowly construed by the courts. AB 860 would provide a narrow exception to the Bagley-Keene Act for the Commission, while maintaining important public notice requirements.
MHSA & Commission: Proposition 63 was passed by voters in November 2004. The MHSA imposes a 1% income tax on personal income in excess of $1 million and creates the 16 member Commission charged with overseeing the implementation of MHSA. The 2016-17 Governor’s Budget projected that $1.9 billion in revenue would be deposited into the MHSF in fiscal year 2017-18. The MHSA addresses a broad continuum of prevention, early intervention, and service needs, as well as provided funding for infrastructure, technology, and training needs for the community mental health system. In addition to local programs, the MHSA authorizes up to 5% of revenues for state administrative functions performed by a variety of state entities such as the DHCS and Office of Statewide Health Planning and Development (OSHPD). It also funds evaluation of the MHSA by the Commission, which was established by the MHSA.
The role of the Commission is to oversee the implementation of the MHSA. The Commission oversees the Adults and Older Adults Systems of Care Act; Human Resources; Innovative Programs; Prevention & Early Intervention Programs; and, the Children’s Mental Health Services Act. The MHSA requires each county mental health department to prepare and submit a three-year plan to DHCS that must be updated each year and approved by DHCS after review and comment by the Commission. In their three-year plans, counties are required to include a list of all programs for which MHSA funding is being requested and that identifies how the funds will be spent and which populations will be served. Counties must submit their plans for approval to the Commission before the counties may spend certain categories of funding.
Support: According to the Commission, “In order to discharge its duties, the Commission, from time to time, conducts fact-finding tours of facilities not open to the public, such as locked mental health facilities, jails, prisons and schools. To properly discharge its oversight duties the Commission needs to have access to these types of non-public facilities…This bill will authorize the Commission to conduct a fact-finding tour of non-public facilities, while continuing to comply with notice provisions of the Bagley-Keene Open Meeting Act.”
Double Referral: AB 860 was first heard in Assembly Committee on Health on April 4, 2017, and passed on a 14-0 vote.
Prior/Related Legislation: AB 462 (Thurmond) of 2017/2018 Legislative Session. Would authorize the Director of Employment Development Department to share information with the Commission related to quarterly wage data to assist the Commission in fulfilling its duties under the MHSA, to the extent permitted under applicable federal statute and regulation. Declares it the intent of the Legislature to authorize the Commission to receive information held by other state agencies, as it relates to outcomes established under the MHSA, for purposes of monitoring outcomes and improving the mental health system. (Pending on Assembly Third Reading).
AB 727 (Nazarian) of 2017/2018 Legislative Session. Would clarify that counties may spend MHSA monies on housing assistance, as defined, for people in the target population identified in the MHSA. (Pending on Assembly Third Reading).
AB 1134 (Gloria) of 2017/2018 Legislative Session. Would authorize the Commission to establish a fellowship program for the purpose of providing an experiential learning opportunity for a mental health consumer and a mental health professional. (Pending in Assembly Appropriations Committee).
REGISTERED SUPPORT / OPPOSITION:
Support
Mental Health Services Oversight and Accountability Commission (sponsor)
California Access Coalition
CaliforniaHealth+ Advocates
Opposition
None on file
Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531
Date of Hearing: April 4, 2017
ASSEMBLY COMMITTEE ON HEALTH
Jim Wood, Chair
ABPCA Bill Id:AB 860
Author:(Cooley) – As Introduced Ver:February 16, 2017
SUBJECT: Mental Health Services Oversight and Accountability Commission: factfinding tour.
SUMMARY: Exempts the Mental Health Services Oversight and Accountability Commission (Commission) from the Bagley-Keene Open Meeting Act (Bagley-Keene Act) when conducting a factfinding tour of specified mental health facilities, or other facilities related to the discharge of the Commission's duties. Requires the Commission to comply with specified Bagley-Keene Act notice requirements prior to the factfinding tour. Specifically, this bill:
- Exempts the Commission from the Bagley-Keene Act when conducting a factfinding tour of a facility or a location that is either not open to the public, or for which opening the facility or location to the public would compromise the safety or security of the facility or location, including, but not limited to, locked mental health facilities, prisons, jails, schools, or other facilities related to the discharge of the commission’s duties, for the purpose of supporting the Commission's duties under the Mental Health Services Act (MHSA).
- Requires the Commission to provide 10 days’ notice on its Internet Website to members of the media of the Commission's intent to tour a facility, and requires the Commission to permit at least one member of the media to attend the factfinding tour. Requires the notice to be directed to reporters, publishers, and editors employed by a newspaper, magazine, or other periodical publication, or by a press association or wire service.
- Permits the Commission to make arrangements for a pool reporter to attend the tour if the number of reporters requesting to accompany the Commission is excessive and would compromise or impede the safety and security of the facility or location.
- Requires the Commission to comply with the notice procedures of the Bagley-Keene Act and requires that the notice include a statement identifying the location, date, and purpose of the factfinding tour.
- Prohibits the Commission from taking any action during a factfinding tour and prohibits the members from discussing among themselves any business that does not fall within the scope or purpose of the tour.
- Requires the Commission to post on its Internet Website a summary of the factfinding tour within 10 days after the completion of the tour.
EXISTING LAW:
- Establishes the MHSA, enacted by voters in 2004 as Proposition 63, to provide funds to counties to expand services, develop innovative programs, and integrated service plans for mentally ill children, adults, and seniors through a 1% income tax on personal income above $1 million.
- Establishes the Commission to oversee the implementation of MHSA, made up of 16 individuals appointed by the Governor and the Legislature, as specified.
- Requires the Commission to ensure that the perspective and participation of diverse community members reflective of California populations and others suffering from severe mental illness and their family members is a significant factor in all of its decisions and recommendations.
- Specifies that the MHSA can only be amended by a two-thirds vote of both houses of the Legislature and only as long as the amendment is consistent with and furthers the intent of the MHSA. Permits provisions clarifying the procedures and terms of the MHSA to be added by majority vote.
- Requires all expenditures for county mental health programs to be consistent with a currently approved mental health plan or update.
- Establishes the Bagley-Keene Act which requires state entities to conduct their meetings open to the public. These requirements include, but are not limited to:
- Providing notice of a meeting to any person who requests notice in writing. Requires the notice to be given and be made available on the Internet at least 10 days in advance of the meeting. Requires the notice to include the name, address, and telephone number of any person who can provide further information prior to the meeting;
- The notice to include an agenda including a brief description of the items of business to be transacted or discussed in either open or closed session, as specified;
- Upon request, a person be provided notice for all meetings of a state body or for a specific meeting or meetings; and,
- The notice to be made available in appropriate alternative formats that comply with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the relevant related federal rules and regulations, as specified.
- Prohibits a majority of the members of a state body, outside of a meeting authorized by the Bagley-Keene Act, from discussing, deliberating, or taking action on any item of business that is within the subject matter of the state body.
- Specifies that the prohibition in 7) above does not apply to the attendance of a majority of the members of a state body at an open and publicized meeting organized to address a topic of state concern by a person or organization other than the state body, if a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the state body.
FISCAL EFFECT: This bill has not yet been analyzed by a fiscal committee.
COMMENTS:
- PURPOSE OF THIS BILL. According to the author, citing the Centers for Disease Control and Prevention and the National Institute of Mental Health data, over 20% of children and 25% of adults in America suffer from a diagnosable mental disorder. In 2004 the California voters passed the MHSA to transform the mental health system. The MHSA established the Commission as an independent entity charged with providing oversight and accountability to the public mental health system. The intended outcomes of the MHSA include reducing incarcerations, school failure, unemployment, suicide, suffering, and prolonged homelessness for those in need of mental health services.
Current law requires that any location where the Commission conducts a fact-finding tour be open to the general public. However, many Californians with mental health needs receive services in locations that are not open to the public, including locked mental health facilities, schools, jails, and prisons, making it difficult for the Commission to gather information about services provided behind closed doors and discharge its oversight duties effectively.
California's mental health system needs effective oversight to ensure positive outcomes for the growing number of individuals in need of services, whether services are provided in public or non-public facilities. This bill strengthens accountability of mental health services by allowing the Commission to visit non-public facilities when gathering information in support of their oversight duties.
- BACKGROUND.
- MHSA. Proposition 63 was passed by voters in November 2004. The MHSA imposes a 1% income tax on personal income in excess of $1 million and creates the 16 member Commission charged with overseeing the implementation of MHSA. The 2016-17 Governor’s Budget projected that $1.9 billion in revenue would be deposited into the MHSF in fiscal year 2017-18. The MHSA addresses a broad continuum of prevention, early intervention, and service needs, as well as provided funding for infrastructure, technology, and training needs for the community mental health system. In addition to local programs, the MHSA authorizes up to 5% of revenues for state administrative functions performed by a variety of state entities such as the DHCS and Office of Statewide Health Planning and Development (OSHPD). It also funds evaluation of the MHSA by the Commission, which was established by the MHSA.
- Commission. The role of the Commission is to oversee the implementation of the MHSA. The Commission oversees the Adults and Older Adults Systems of Care Act; Human Resources; Innovative Programs; Prevention & Early Intervention Programs; and, the Children’s Mental Health Services Act. The MHSA requires each county mental health department to prepare and submit a three-year plan to DHCS that must be updated each year and approved by DHCS after review and comment by the Commission. In their three-year plans, counties are required to include a list of all programs for which MHSA funding is being requested and that identifies how the funds will be spent and which populations will be served. Counties must submit their plans for approval to the Commission before the counties may spend certain categories of funding.
- Bagley-Keene Act. The Bagley-Keene Act applies to all state boards and commissions. It requires these bodies to publicly notice their meetings, prepare agendas, accept public testimony, and conduct their meetings in public unless authorized by to meet in closed session. The Bagley-Keene Act covers multimember bodies and advisory bodies. Examples of bodies covered by the act are: state boards; commissions; committees; panels; councils; advisory bodies created by the Legislature; and, advisory bodies having three or more members that are created by formal action of another body. The only gatherings of members of a body that are exempt from the Bagley-Keene Act are social gatherings and conferences. There are no exemptions for factfinding tours.
- SUPPORT. According to the Commission, the sponsor of the bill, in order to effectively discharge its duties, it conducts fact finding tours of facilities not open to the public. To properly discharge its oversight duties, the Commission needs to have access to these types of non-public facilities. The Bagley-Keene Act requires all meetings of a state body, including the Commission, to be open to the public. This bill authorizes the Commission to conduct a fact-finding tour of non-public facilities, while continuing to comply with specified notice provisions of the Bagley-Keene Act.
- DOUBLE REFERRAL. This bill is double referred, upon passage in this committee, it will be referred to the Assembly Committee on Governmental Organization.
- RELATED LEGISLATION.
- AB 462 (Thurmond) authorizes the Director of Employment Development Department to share information with the Commission related to quarterly wage data to assist the Commission in fulfilling its duties under the MHSA, to the extent permitted under applicable federal statute and regulation. Declares it the intent of the Legislature to authorize the Commission to receive information held by other state agencies, as it relates to outcomes established under the MHSA, for purposes of monitoring outcomes and improving the mental health system. AB 462 is pending in the Assembly Appropriations Committee.
- AB 727 (Nazarian) clarifies that counties may spend MHSA monies on housing assistance, as defined, for people in the target population identified in the MHSA. AB 727 is pending in the Assembly Health Committee.
- AB 1134 (Gloria) authorizes the Commission to establish a fellowship program for the purpose of providing an experiential learning opportunity for a mental health consumer and a mental health professional. AB 1134 is pending in the Assembly Health Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Mental Health Services Oversight and Accountability Commission (sponsor)
California Access Coalition
California Health+ Advocates
Opposition
None on file.
Analysis Prepared by: Paula Villescaz / HEALTH / (916) 319-2097
Discussed in Hearing
Assembly Standing Committee on Governmental Organization
Assembly Standing Committee on Health
Bill Author
Bill Co-Author(s):