California 2019-2020 Regular Session

California Assembly Bill AB2576 Latest Draft

Bill / Amended Version Filed 06/08/2020

                            Amended IN  Assembly  June 08, 2020 Amended IN  Assembly  May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2576Introduced by Assembly Member GloriaFebruary 20, 2020 An act to add Section 5899.2 to, and to repeal and add Section 5899.1 of, the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTAB 2576, as amended, Gloria. Mental health.Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs by imposing a tax of 1% on annual incomes above $1,000,000. Under the MHSA, funds are distributed to counties for local assistance, and must be spent for their authorized purpose within 3 years or revert to the state to be deposited into the fund to be reallocated to other counties for the purposes for which the unspent funds were initially allocated to the original county. The MHSA permits amendment by the Legislature by a 2/3 vote of each house if the amendment is consistent with, and furthers the intent of, the MHSA. MHSA, and also permits the Legislature to clarify procedures and terms of the MHSA by majority vote.This bill would amend the MHSA by requiring the reverted funds to be used for the purposes of providing require a county to develop a plan for the utilization of the reallocated funds with the input of specified stakeholders and to conduct a local review process. The bill would require that consideration be given to using the reallocated funds to provide services to individuals with mental illness who are also experiencing homelessness or who are involved in the criminal justice system and providing to provide early intervention services to youth. The bill would also require each county to annually report to the Legislature the number of individuals who are experiencing homelessness who are receiving mental health services that are paid for using MHSA funds. By imposing additional requirements on counties, requiring counties to submit a new report, 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.Digest Key Vote: TWO_THIRDSMAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5899.1 of the Welfare and Institutions Code is repealed.SEC. 2.Section 5899.1 is added to the Welfare and Institutions Code, to read:5899.1.Funds subject to reversion pursuant to subdivision (h) of Section 5892 shall be reallocated to other counties for the purposes of providing services to individuals with mental illness who are also experiencing homelessness or who are involved in the criminal justice system and providing early intervention services to youth.SEC. 2. Section 5899.1 is added to the Welfare and Institutions Code, to read:5899.1. (a) Funds subject to reversion pursuant to subdivision (h) of Section 5892 shall be reallocated to other counties.(b) A county shall develop a plan with the stakeholders identified in subdivision (a) of Section 5848 and conduct the local review process described in Section 3315 of Title 9 of the California Code of Regulations regarding how to utilize funds reallocated to a county from the Reversion Account. Consideration shall be given to utilizing reallocated funds to provide services to individuals with mental illness who are also experiencing homelessness or who are involved in the criminal justice system and to provide early intervention services to youth.SEC. 3. Section 5899.2 is added to the Welfare and Institutions Code, to read:5899.2. (a) Each county shall annually report to the Legislature the number of individuals who are experiencing homelessness who are receiving mental health services that are paid for using MHSA funds.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 4. 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.

 Amended IN  Assembly  June 08, 2020 Amended IN  Assembly  May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2576Introduced by Assembly Member GloriaFebruary 20, 2020 An act to add Section 5899.2 to, and to repeal and add Section 5899.1 of, the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTAB 2576, as amended, Gloria. Mental health.Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs by imposing a tax of 1% on annual incomes above $1,000,000. Under the MHSA, funds are distributed to counties for local assistance, and must be spent for their authorized purpose within 3 years or revert to the state to be deposited into the fund to be reallocated to other counties for the purposes for which the unspent funds were initially allocated to the original county. The MHSA permits amendment by the Legislature by a 2/3 vote of each house if the amendment is consistent with, and furthers the intent of, the MHSA. MHSA, and also permits the Legislature to clarify procedures and terms of the MHSA by majority vote.This bill would amend the MHSA by requiring the reverted funds to be used for the purposes of providing require a county to develop a plan for the utilization of the reallocated funds with the input of specified stakeholders and to conduct a local review process. The bill would require that consideration be given to using the reallocated funds to provide services to individuals with mental illness who are also experiencing homelessness or who are involved in the criminal justice system and providing to provide early intervention services to youth. The bill would also require each county to annually report to the Legislature the number of individuals who are experiencing homelessness who are receiving mental health services that are paid for using MHSA funds. By imposing additional requirements on counties, requiring counties to submit a new report, 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.Digest Key Vote: TWO_THIRDSMAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Amended IN  Assembly  June 08, 2020 Amended IN  Assembly  May 04, 2020

Amended IN  Assembly  June 08, 2020
Amended IN  Assembly  May 04, 2020

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Assembly Bill 

No. 2576

Introduced by Assembly Member GloriaFebruary 20, 2020

Introduced by Assembly Member Gloria
February 20, 2020

 An act to add Section 5899.2 to, and to repeal and add Section 5899.1 of, the Welfare and Institutions Code, relating to mental health. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2576, as amended, Gloria. Mental health.

Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs by imposing a tax of 1% on annual incomes above $1,000,000. Under the MHSA, funds are distributed to counties for local assistance, and must be spent for their authorized purpose within 3 years or revert to the state to be deposited into the fund to be reallocated to other counties for the purposes for which the unspent funds were initially allocated to the original county. The MHSA permits amendment by the Legislature by a 2/3 vote of each house if the amendment is consistent with, and furthers the intent of, the MHSA. MHSA, and also permits the Legislature to clarify procedures and terms of the MHSA by majority vote.This bill would amend the MHSA by requiring the reverted funds to be used for the purposes of providing require a county to develop a plan for the utilization of the reallocated funds with the input of specified stakeholders and to conduct a local review process. The bill would require that consideration be given to using the reallocated funds to provide services to individuals with mental illness who are also experiencing homelessness or who are involved in the criminal justice system and providing to provide early intervention services to youth. The bill would also require each county to annually report to the Legislature the number of individuals who are experiencing homelessness who are receiving mental health services that are paid for using MHSA funds. By imposing additional requirements on counties, requiring counties to submit a new report, 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.

Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs by imposing a tax of 1% on annual incomes above $1,000,000. Under the MHSA, funds are distributed to counties for local assistance, and must be spent for their authorized purpose within 3 years or revert to the state to be deposited into the fund to be reallocated to other counties for the purposes for which the unspent funds were initially allocated to the original county. The MHSA permits amendment by the Legislature by a 2/3 vote of each house if the amendment is consistent with, and furthers the intent of, the MHSA. MHSA, and also permits the Legislature to clarify procedures and terms of the MHSA by majority vote.

This bill would amend the MHSA by requiring the reverted funds to be used for the purposes of providing require a county to develop a plan for the utilization of the reallocated funds with the input of specified stakeholders and to conduct a local review process. The bill would require that consideration be given to using the reallocated funds to provide services to individuals with mental illness who are also experiencing homelessness or who are involved in the criminal justice system and providing to provide early intervention services to youth. The bill would also require each county to annually report to the Legislature the number of individuals who are experiencing homelessness who are receiving mental health services that are paid for using MHSA funds. By imposing additional requirements on counties, requiring counties to submit a new report, 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.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 5899.1 of the Welfare and Institutions Code is repealed.SEC. 2.Section 5899.1 is added to the Welfare and Institutions Code, to read:5899.1.Funds subject to reversion pursuant to subdivision (h) of Section 5892 shall be reallocated to other counties for the purposes of providing services to individuals with mental illness who are also experiencing homelessness or who are involved in the criminal justice system and providing early intervention services to youth.SEC. 2. Section 5899.1 is added to the Welfare and Institutions Code, to read:5899.1. (a) Funds subject to reversion pursuant to subdivision (h) of Section 5892 shall be reallocated to other counties.(b) A county shall develop a plan with the stakeholders identified in subdivision (a) of Section 5848 and conduct the local review process described in Section 3315 of Title 9 of the California Code of Regulations regarding how to utilize funds reallocated to a county from the Reversion Account. Consideration shall be given to utilizing reallocated funds to provide services to individuals with mental illness who are also experiencing homelessness or who are involved in the criminal justice system and to provide early intervention services to youth.SEC. 3. Section 5899.2 is added to the Welfare and Institutions Code, to read:5899.2. (a) Each county shall annually report to the Legislature the number of individuals who are experiencing homelessness who are receiving mental health services that are paid for using MHSA funds.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 4. 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.

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

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

SECTION 1. Section 5899.1 of the Welfare and Institutions Code is repealed.

SECTION 1. Section 5899.1 of the Welfare and Institutions Code is repealed.

### SECTION 1.







Funds subject to reversion pursuant to subdivision (h) of Section 5892 shall be reallocated to other counties for the purposes of providing services to individuals with mental illness who are also experiencing homelessness or who are involved in the criminal justice system and providing early intervention services to youth.



SEC. 2. Section 5899.1 is added to the Welfare and Institutions Code, to read:5899.1. (a) Funds subject to reversion pursuant to subdivision (h) of Section 5892 shall be reallocated to other counties.(b) A county shall develop a plan with the stakeholders identified in subdivision (a) of Section 5848 and conduct the local review process described in Section 3315 of Title 9 of the California Code of Regulations regarding how to utilize funds reallocated to a county from the Reversion Account. Consideration shall be given to utilizing reallocated funds to provide services to individuals with mental illness who are also experiencing homelessness or who are involved in the criminal justice system and to provide early intervention services to youth.

SEC. 2. Section 5899.1 is added to the Welfare and Institutions Code, to read:

### SEC. 2.

5899.1. (a) Funds subject to reversion pursuant to subdivision (h) of Section 5892 shall be reallocated to other counties.(b) A county shall develop a plan with the stakeholders identified in subdivision (a) of Section 5848 and conduct the local review process described in Section 3315 of Title 9 of the California Code of Regulations regarding how to utilize funds reallocated to a county from the Reversion Account. Consideration shall be given to utilizing reallocated funds to provide services to individuals with mental illness who are also experiencing homelessness or who are involved in the criminal justice system and to provide early intervention services to youth.

5899.1. (a) Funds subject to reversion pursuant to subdivision (h) of Section 5892 shall be reallocated to other counties.(b) A county shall develop a plan with the stakeholders identified in subdivision (a) of Section 5848 and conduct the local review process described in Section 3315 of Title 9 of the California Code of Regulations regarding how to utilize funds reallocated to a county from the Reversion Account. Consideration shall be given to utilizing reallocated funds to provide services to individuals with mental illness who are also experiencing homelessness or who are involved in the criminal justice system and to provide early intervention services to youth.

5899.1. (a) Funds subject to reversion pursuant to subdivision (h) of Section 5892 shall be reallocated to other counties.(b) A county shall develop a plan with the stakeholders identified in subdivision (a) of Section 5848 and conduct the local review process described in Section 3315 of Title 9 of the California Code of Regulations regarding how to utilize funds reallocated to a county from the Reversion Account. Consideration shall be given to utilizing reallocated funds to provide services to individuals with mental illness who are also experiencing homelessness or who are involved in the criminal justice system and to provide early intervention services to youth.



5899.1. (a) Funds subject to reversion pursuant to subdivision (h) of Section 5892 shall be reallocated to other counties.

(b) A county shall develop a plan with the stakeholders identified in subdivision (a) of Section 5848 and conduct the local review process described in Section 3315 of Title 9 of the California Code of Regulations regarding how to utilize funds reallocated to a county from the Reversion Account. Consideration shall be given to utilizing reallocated funds to provide services to individuals with mental illness who are also experiencing homelessness or who are involved in the criminal justice system and to provide early intervention services to youth.

SEC. 3. Section 5899.2 is added to the Welfare and Institutions Code, to read:5899.2. (a) Each county shall annually report to the Legislature the number of individuals who are experiencing homelessness who are receiving mental health services that are paid for using MHSA funds.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 3. Section 5899.2 is added to the Welfare and Institutions Code, to read:

### SEC. 3.

5899.2. (a) Each county shall annually report to the Legislature the number of individuals who are experiencing homelessness who are receiving mental health services that are paid for using MHSA funds.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

5899.2. (a) Each county shall annually report to the Legislature the number of individuals who are experiencing homelessness who are receiving mental health services that are paid for using MHSA funds.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

5899.2. (a) Each county shall annually report to the Legislature the number of individuals who are experiencing homelessness who are receiving mental health services that are paid for using MHSA funds.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.



5899.2. (a) Each county shall annually report to the Legislature the number of individuals who are experiencing homelessness who are receiving mental health services that are paid for using MHSA funds.

(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 4. 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.

SEC. 4. 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.

SEC. 4. 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.

### SEC. 4.