SB-1076, As Passed Senate, December 9, 2004                                 

    HOUSE SUBSTITUTE FOR

    SENATE BILL NO. 1076

                                                                             A bill to amend 1974 PA 258, entitled                                             

"Mental health code,"                                                       

by amending sections 204 and 216 (MCL 330.1204 and 330.1216), as            

amended by 1995 PA 290.                                                     

    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 204.  (1)  A Except as provided in subsection (4), a

2   community mental health services program established under this             

3   chapter shall be a county community mental health agency, a                 

4   community mental health organization, or a community mental                 

5   health authority.  A county community mental health agency is an            

6   official county agency.  A community mental health organization             

7   or a community mental health authority is a public governmental             

8   entity separate from the county or counties that establish it.              

9       (2) Procedures and policies for a community mental health                   

10  organization or a community mental health authority shall be set            

1   by the board of the community mental health services program.               

2   Procedures and policies for a county community mental health                

3   agency shall be set by the board of commissioners or boards of              

4   commissioners as prescribed in this subsection.  If a county                

5   community mental health services agency represents a single                 

6   county, the county's board of commissioners shall determine the             

7   procedures and policies that shall be applicable to the agency.             

8   If a county community mental health services agency represents 2            

9   or more counties, the boards of commissioners of the represented            

10  counties shall by agreement determine the procedures and policies           

11  that shall be applicable to the agency.  In a charter county with           

12  an elected county executive, the county executive shall determine           

13  the procedures and policies that shall be applicable to the                 

14  agency.                                                                     

15      (3) The procedures and policies for multicounty community                   

16  mental health services programs shall not take effect until at              

17  least 3 public hearings on the proposed procedures and policies             

18  have been held.                                                             

19  (4) Beginning October 1, 2005, in order to qualify for state                

20  support under section 202, if a single charter county that has              

21  situated totally within that county a city having a population of           

22  at least 500,000 establishes a community mental health services             

23  program, that community mental health services program shall be             

24  established as a community mental health authority as specified             

25  under section 205.

26      Sec. 216.  Notwithstanding the provisions of sections 212 and               

27  214, when a single county establishes a community mental health             

1   services program and totally situated within that county is a               

2   city having a population of at least 500,000, 6 of the 12 board             

3   members shall be appointed to the board by the city's chief                 

4   executive officer.  In a charter county, the remaining 6 members            

5   shall be appointed to the board by the county's chief executive             

6   officer, with the advice and consent of the county board of                 

7   commissioners.  The 6 board members appointed by the city shall             

8   be residents of the city, and the 6 board members appointed by              

9   the county or by the county executive in a charter county shall             

10  be residents of the county but not of the city.  No member                  

11  appointed to the board by the city's chief executive officer or             

12  by the county's chief executive officer shall be a public                   

13  employee of either the city or the county.  For the purpose of              

14  this section, "public employee" means that term as defined in               

15  section 1 of 1978 PA 566, MCL 15.181.