html> 0778: FLOOR ANALYSIS (3-4-04) - CMHSP PUBLIC OFFICER CMHSP PUBLIC OFFICER S.B. 778: FLOOR ANALYSIS




Senate Bill 778 (as reported without amendment)
Sponsor: Senator Bev Hammerstrom
Committee: Health Policy

CONTENT


The bill would amend Public Act 566 of 1978, which prohibits public officers and employees from holding incompatible offices, to allow an officer or employee of a community mental health services program (CMHSP) to serve as a public officer or employee of another legal or administrative entity.


Specifically, Section 2 of the Act prohibits a public officer or public employee from holding two or more incompatible offices at the same time, except under certain circumstances. The bill specifies that Section 2 would not prohibit a public officer or public employee of a community mental health services program from serving as a public officer or public employee of a separate legal or administrative entity created by two or more CMHSPs under the Urban Cooperation Act, a joint board or commission created under Public Act 8 of 1967, or a regional entity created under Section 204b of the Mental Health Code, whether or not the separate legal or administrative entity, joint board or commission, or regional entity could enter into contracts or agreements with one or more of the CMHSPs.

(The Urban Cooperation Act allows two public agencies to enter into an interlocal agreement for the joint exercise of a power. Under Public Act 8 of 1967, two or more political subdivisions may enter into a contract providing for the transfer of functions or responsibilities from one to another. Section 204b of the Mental Health Code allows a combination of community mental health organizations or authorities to establish a regional entity to provide specialty services and supports.)


MCL 15.183 Legislative Analyst: Julie Koval

FISCAL IMPACT


The bill would have no fiscal impact on State or local government.


Date Completed: 3-4-04 Fiscal Analyst: Steve Angelotti

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb778/0304 This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.