SB-0667, As Passed House, December 18, 2003

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 667

                                                                             A bill to amend 1974 PA 258, entitled                                             

"Mental health code,"                                                       

by amending section 222 (MCL 330.1222), as amended by 2002 PA               

596.                                                                        

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 222.  (1) The composition of a community mental health                 

2   services board shall be representative of providers of mental               

3   health services, recipients or primary consumers of mental health           

4   services, agencies and occupations having a working involvement             

5   with mental health services, and the general public.  At least              

6   1/3 of the membership shall be primary consumers or family                  

7   members, and of that 1/3 at least  2 1/2 of those members shall            

8   be primary consumers.  All board members shall be 18 years of age           

9   or older.                                                                   

10      (2) Not more than 4 members of a board may be county                        

1   commissioners, except that if a board represents 5 or more                  

2   counties, the number of county commissioners who may serve on the           

3   board may equal the number of counties represented on the board,            

4   and the total of 12 board memberships shall be increased by the             

5   number of county commissioners serving on the board that exceeds            

6   4.  In addition to an increase in board memberships related to              

7   the number of county commissioners serving on a board that                  

8   represents 5 or more counties, board memberships may also be                

9   expanded to more than the total of 12 to ensure that each county            

10  is entitled to at least 2 board memberships, which may include              

11  county commissioners from that county who are members of the                

12  board if the board represents 5 or more counties. Not more than             

13  half 1/2 of the total board members may be state, county, or              

14  local public officials.  For purposes of this section, public               

15  officials are defined as individuals serving in an elected or               

16  appointed public office or employed more than 20 hours per week             

17  by an agency of federal, state, city, or local government.                  

18      (3) A board member shall have his or her primary place of                   

19  residence in the county he or she represents.                               

20      (4) An individual shall not be appointed to and shall not                   

21  serve on a board if he or she is 1 or more of the following:                

22      (a) Employed by the department or the community mental health               

23  services program.                                                           

24      (b) A party to a contract with the community mental health                  

25  services program or administering or benefiting financially from            

26  a contract with the community mental health services program,               

27  except for a party to a contract between a community mental                 

1   health services program and a regional entity or a separate legal           

2   or an administrative entity created by 2 or more community mental           

3   health services programs under the urban cooperation act of 1967,           

4   1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or under 1967 (Ex              

5   Sess) PA 8, MCL 124.531 to 124.536.                                         

6       (c) Serving in a policy-making position with an agency under                

7   contract with the community mental health services program,                 

8   except for an individual serving in a policy-making position with           

9   a joint board or commission established under 1967 (Ex Sess)                

10  PA 8, MCL 124.531 to 124.536, or a regional entity to provide               

11  community mental health services.                                           

12      (5) If a board member is an employee or independent                         

13  contractor in other than a policy-making position with an agency            

14  with which the board is considering entering into a contract, the           

15  contract shall not be approved unless all of the following                  

16  requirements are met:                                                       

17      (a) The board member shall promptly disclose his or her                     

18  interest in the contract to the board.                                      

19      (b) The contract shall be approved by a vote of not less than               

20  2/3 of the membership of the board in an open meeting without the           

21  vote of the board member in question.                                       

22      (c) The official minutes of the meeting at which the contract               

23  is approved contains the details of the contract including, but             

24  not limited to, names of all parties and the terms of the                   

25  contract and the nature of the board member's interest in the               

26  contract.                                                                   

27      (6) Subsection (5) does not apply to a board member who is an               

1   employee or independent contractor in other than a policy-making            

2   position with a joint board or commission established under 1967            

3   (Ex Sess) PA 8, MCL 124.531 to 124.536, a separate legal or                 

4   administrative entity established under the urban cooperation act           

5   of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, a                     

6   combination of municipal corporations joined under 1951 PA 35,              

7   MCL 124.1 to 124.13, or a regional entity to provide community              

8   mental health services.                                                     

9       (7) In order to meet the requirement under subsection (1)                   

10  related to the appointment of primary consumers and family                  

11  members without terminating the appointment of a board member               

12  serving on  the effective date of this subsection March 28,                

13  1996, the size of a board may exceed the size prescribed in                 

14  section 212.  A board that is different in size than that                   

15  prescribed in section 212 shall be brought into compliance within           

16  3 years after the appointment of the additional board members.