DAK:kjf:kjf
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 SENATE BILL 287
February 25, 2004 - Offered by Representative Stone.
SB287-ASA1,1,6
1An Act to renumber and amend 251.02 (2);
to amend 250.01 (4) (b), 251.02
2(1), 251.03 (4r), 251.04 (1), 251.04 (2), 251.04 (3), 251.06 (4) (c), 251.12, 251.125,
3251.15 (title) and 251.15 (3); and
to create 250.01 (4) (a) 6., 251.02 (2) (b),
4251.02 (3t), 251.12 (3), 251.12 (4) and 251.15 (2m) of the statutes;
relating to:
5establishing multiple municipal local health departments in Milwaukee
6County and city-city local health departments.
Analysis by the Legislative Reference Bureau
Under current law, in a county with a population of less than 500,000 (all
counties except Milwaukee County), a local health department may be a city health
department that was established before January 1, 1994, a county health
department, or a city-county health department. In Racine County only, a local
health department may be a village or town health department or may be a multiple
municipal local health department that is established by a city, village, or town in
concert with another city, village, or town. In addition, counties may establish
multiple county health departments. In Milwaukee County, a local health
department may be a city or village health department.
This bill authorizes the governing body of a city or village in Milwaukee County
to establish, in concert with the governing body of another city or village in that
county, a multiple municipal local health department in a manner that is similar to
the establishment of multiple municipal local health departments in Racine County
under current law. All the powers and duties of current law for local health
departments apply to a multiple municipal local health department that is
established under the authorization created in this bill.
The bill also authorizes the governing body of a city with an existing city health
department to establish, in concert with the governing body of another city with an
existing city health department in the same county, a city-city local health
department, in a manner that is similar to the establishment of multiple municipal
local health departments in Racine County under current law. All the powers and
duties of current law for local health departments apply to a city-city local health
department that is established under the authorization created in this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB287-ASA1, s. 1
1Section
1. 250.01 (4) (a) 6. of the statutes is created to read:
SB287-ASA1,2,22
250.01
(4) (a) 6. A city-city health department established under s. 251.02 (3t).
SB287-ASA1,2,64
250.01
(4) (b) In a county with a population of 500,000 or more, a city
health
5department or a , village
, or multiple municipal health department established
6under s. 251.02 (2).
SB287-ASA1,3,38
251.02
(1) In counties with a population of less than 500,000, unless a county
9board establishes a city-county health department under sub. (1m) jointly with the
10governing body of a city or establishes a multiple county health department under
11sub. (3) in conjunction with another county, the county board shall establish a single
12county health department, which shall meet the requirements of this chapter. The
13county health department shall serve all areas of the county that are not served by
14a city health department that was established prior to January 1, 1994, by a town
15or village health department established under sub. (3m), or by a multiple municipal
1local health department established under sub. (3r)
or by a city-city health
2department established under sub. (3t). No governing body of a city may establish
3a city health department after January 1, 1994.
SB287-ASA1, s. 4
4Section
4. 251.02 (2) of the statutes is renumbered 251.02 (2) (a) (intro.) and
5amended to read:
SB287-ASA1,3,86
251.02
(2) (a) (intro.)
In Except as provided in par. (b), in a county with a
7population of 500,000 or more, the governing body of each city or village shall
8establish do one of the following:
SB287-ASA1,3,10
91. Establish a local health department that meets the requirements of this
10chapter
or shall contract.
SB287-ASA1,3,12
112. Contract with the local health department of another city or village in the
12county to have that local health department provide services in the city or village.
SB287-ASA1, s. 5
13Section
5. 251.02 (2) (b) of the statutes is created to read:
SB287-ASA1,3,1714
251.02
(2) (b) In a county with a population of 500,000 or more, the governing
15body of a city or village may establish, jointly with the governing body of another city
16or village, a multiple municipal local health department that meets the
17requirements of this chapter.
SB287-ASA1,3,2319
251.02
(3t) The governing body of a city with a city health department, as
20specified in s. 250.01 (4) (a) 3., may, in concert with the governing body of another city
21with a city health department, as specified in s. 250.01 (4) (a) 3., in the same county,
22establish a city-city health department and elect a local health officer consistent
23with this chapter.
SB287-ASA1,4,10
1251.03
(4r) Subsections (1) to (4m) do not apply to a city, village or town that
2establishes a multiple municipal local health department under s. 251.02
(2) (b) or 3(3r)
, or to cities that establish a city-city local health department under s. 251.02 (3t).
4In establishing a multiple municipal local health department as described under s.
5251.02
(2) (b) or (3r), the relevant governing bodies shall agree on how many
6members of the local board of health are appointed by each governing body and how
7many of each governing body's appointees shall be members who are not elected
8officials or employees of the governing body. The members shall be appointed by the
9relevant governing bodies. A local board of health under this subsection shall elect
10a chairperson and clerk.
SB287-ASA1,4,2212
251.04
(1) Except as authorized in s. 251.02
(2) (b), (3m)
and, (3r)
, and (3t), a
13city board of health shall govern a city health department, a county board of health
14shall govern a county health department or multiple county health department, and
15a city-county board of health shall govern a city-county health department. A city
16board of health, a county board of health, a city-county board of health, or a board
17of health for a local health department as authorized in s. 251.02
(2) (b), (3m)
and, 18(3r)
, or (3t) shall assure the enforcement of state public health statutes and public
19health rules of the department as prescribed for a Level I local health department.
20A local board of health may contract or subcontract with a public or private entity
21to provide public health services. The contractor's staff shall meet the appropriate
22qualifications for positions in a Level I local health department.
SB287-ASA1,5,224
251.04
(2) A city or county board of health or a board of health for a local health
25department as authorized in s. 251.02
(2) (b), (3m)
or, (3r)
, or (3t) shall assure that
1its local health department is a Level I, Level II
, or Level III local health department,
2as specified in s. 251.05 (1).
SB287-ASA1,5,94
251.04
(3) A city or county board of health or a board of health for a local health
5department as authorized in s. 251.02
(2) (b), (3m)
or, (3r)
, or (3t) may adopt those
6regulations, for its own guidance and for the governance of the local health
7department, that it considers necessary to protect and improve public health. The
8regulations may be no less stringent than, and may not conflict with, state statutes
9and rules of the department.
SB287-ASA1,5,1511
251.06
(4) (c) A local health officer of a village or town health department
12established under s. 251.02 (3m)
and a local health officer
, of a multiple municipal
13local health department established under s. 251.02
(2) (b) or (3r)
, or of a city-city
14local health department established under s. 251.02 (3t) shall be appointed by the
15local board of health.
SB287-ASA1,5,18
17251.12 City health department, how financed. The common council shall
18appropriate funds for the operation of
a all of the following:
SB287-ASA1,5,20
19(1) A city health department that is established as specified in s. 251.02 (1) and
20(2)
and (a), for the operation of a .
SB287-ASA1,5,23
21(2) A multiple municipal local health department that is established
under as
22specified in s. 251.02 (3r)
by the governing body of a city in concert with the governing
23body of another city or a village or town.
SB287-ASA1,6,2
1251.12
(3) A multiple municipal local health department that is established as
2specified in s. 251.02 (2) (b).
SB287-ASA1,6,54
251.12
(4) A city-city local health department that is established as specified
5in s. 251.02 (3t).
SB287-ASA1,6,13
7251.125 Village health department, how financed. If a village health
8department is established under s. 251.02 (2)
(a) or (3m)
or, if a multiple municipal
9local health department is established
under as specified in s. 251.02 (3r)
by the
10governing body of a village in concert with the governing body of another village or
11a city or town, or if a multiple municipal local health department is established as
12specified in s. 251.02 (2) (b), the village board shall appropriate funds for the
13operation of the department.
SB287-ASA1,6,15
15251.15 (title)
Withdrawal of counties
and, cities, villages, or towns
.
SB287-ASA1,6,2117
251.15
(2m) After establishing a multiple municipal local health department
18under s. 251.02 (2) (b) or (3r) or a city-city local health department under s. 251.02
19(3t), the governing body of any participating city, village, or town participating may
20withdraw by giving written notice to the local board of health and to the governing
21bodies of all other participating cities, villages, and towns.
SB287-ASA1,7,323
251.15
(3) The notice under sub. (1)
or
, (2)
, or (2m) shall be given at least one
24year prior to commencement of the fiscal year at which the withdrawal takes effect.
25Whenever the withdrawal
of any county or city from a city-county or multiple county
1health department takes effect, all
relevant provisions of law relating to local boards
2of health and local health officers shall immediately become applicable within the
3withdrawing county
or, city
, village, or town.
