The Mental Health Services Act: Proposition 63 amendments.

Existing law, the Mental Health Services Act (hereafter, the MHSA) , an initiative measure, was approved by the voters in November 2004 as Proposition 63. The MHSA establishes the Mental Health Oversight and Accountability Commission, and imposes a tax of 1% on incomes above $1,000,000 for the purpose of financing new or expanded mental health services. Under the MHSA, the State Department of Mental Health is required, among other things, to distribute funds for local assistance for designated mental health programs. The MHSA prohibits a decrease in other funding levels for pre-existing mental health programs below the 2003–04 fiscal year levels, and prohibits a change in the structure of financing mental health services, which increases the county's share of costs or risk unless full compensation is provided. As an initiative measure, unless approved by the voters, the MHSA permits amendment of its provisions by 23 vote of the Legislature, but only if the amendments are consistent with and further the intent of the MHSA. The MHSA also permits amendment by majority vote of the Legislature to clarify procedures and terms. This bill, subject to voter approval at a statewide election, would, until July 1, 2011, permit the sum of $226,700,000 of MHSA funding in the 2009–10 fiscal year and up to $234,000,000 of MHSA funding in the 2010–11 fiscal year to be redirected to support the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Program as administered by the State Department of Mental Health. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.