California Bills

Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. 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, funds a system of county mental health plans for the provision of mental health services, as specified. The act provides that it may be amended by the Legislature by a 23 vote of each house as long as the amendment is consistent with and furthers the intent of the act, and that the Legislature may also clarify procedures and terms of the act by majority vote. Existing law establishes the Mental Health Services Oversight and Accountability Commission. Under existing law, the commission is required to annually review and approve county mental health programs for expenditures relating to innovative programs and prevention and early intervention programs. Existing law authorizes the State Department of Mental Health to provide technical assistance to county mental health plans, as specified. This bill would delete the requirement for these annual reviews and would authorize the commission, instead of the department, to provide technical assistance to the county mental health plans. Existing law requires each county mental health program to prepare and submit a 3-year plan to be updated at least annually and approved by the department after review and comment by the commission. This bill would delete the annual update requirement for the 3-year plans and the requirement that the plans be approved by the department after review and comment by the commission. The act establishes the Mental Health Services Fund, continuously appropriated to and administered by the department, to fund specified county mental health programs. The act prohibits funds from the Mental Health Services Fund from being used to supplant existing state or county funds utilized to provide mental health services, and requires state financial support for mental health programs with not less than the same entitlements, amounts of allocations from the General Fund, and formula distributions as the 2003–04 fiscal year. Existing law also requires, subject to availability of funding, the department to distribute a single lump sum of the total amount of approved funding to each county. This bill would require the state, instead of the department, to administer the fund. The bill would authorize continued financial support for mental health programs to come from the Local Revenue Fund 2011 in the State Treasury, and would, commencing July 1, 2012, require the Controller to distribute to the counties all unexpended and unreserved funds on deposit in the Mental Health Services Fund monthly. Under existing law, moneys in the Mental Health Services Fund may be used only for specified purposes, including 5% for innovative programs, as specified, and 5% for administrative costs of the department, the California Mental Health Planning Council, and the commission. The bill would reduce the amount available for administrative costs to 3.5% and would make that distribution subject to appropriation each fiscal year in the annual Budget Act. The bill, for the 2011–12 fiscal year, would allocate specified funds in the Mental Health Services Fund for Medi-Cal specialty mental health services, mental health services for special education pupils, and the Early and Periodic Screening, Diagnosis, and Treatment program. By allocating moneys in the Mental Health Services Fund for new purposes, this bill would make an appropriation. Existing law requires the department to develop regulations, which may be enacted as emergency regulations, for the department or designated local agencies to implement the act. This bill, instead, would require the state to develop regulations for the department, the commission, or designated state and local agencies to implement the act. This bill would declare that it is consistent with and furthers the purpose of the act. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution. This bill would declare that it is to take effect immediately as an urgency statute.

The California Children and Families Act of 1998, an initiative measure, requires that the California Children and Families Program, established by the act, be funded by certain taxes imposed on the sale and distribution of cigarettes and tobacco products that are deposited into the continuously appropriated California Children and Families Trust Fund. Existing law requires the fund to be used for the implementation of comprehensive early childhood development and smoking prevention programs. Under existing law, prescribed percentages of moneys allocated and appropriated from the trust fund are required to be deposited into various accounts for expenditure by the California Children and Families Commission, also known as First 5 California, and to local children and families trust funds, to be expended for various subjects relating to and furthering the goals and purposes of the act. Existing law prohibits moneys in the California Children and Families Trust Fund from being used to supplant state or local General Fund money for any purpose. Existing law prohibits amendment of this initiative measure by the Legislature unless the amendment is approved by the voters, or the amendment is accomplished by a vote of 23 of the membership of both houses of the Legislature and the amendment furthers the act and is consistent with its purposes. This bill would establish the Children and Families Health and Human Services Fund. The bill would require specified amounts of state and local children and families commission funds to be deposited in the fund for the 2011–12 fiscal year, as specified. Upon appropriation by the Legislature, moneys deposited in the Children and Families Health and Human Services Fund would be used to provide health and human services, including direct health care services, to children from birth through 5 years of age. 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 January 20, 2011. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution. This bill would declare that it furthers, and is consistent with the purposes of, the California Children and Families Act of 1998. This bill would declare that it is to take effect immediately as an urgency statute.

This measure would recognize February 2011 as Black History Month, urge all residents to join in celebrating the accomplishments of African Americans during Black History Month, and encourage the people of California to recognize the many talents, achievements, and contributions that African Americans make to their communities.

This measure would designate that January 17, 2011, be observed as the official memorial of the late Rev. Dr. Martin Luther King, Jr.'s birth, commemorate Martin Luther King, Jr. Day, the work of Dr. Martin Luther King, Jr., and the Civil Rights Movement in changing public policy in California and in the United States of America.

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2011.