Amendment ASA1-SB565

LRBs0360/1

TJD&JK:jld/cjs/wlj:jf

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO SENATE BILL 565

March 19, 2014 - Offered by Representative Kessler.

SB565-ASA1,2,3 An Act to renumber and amend 5.02 (21); to amend 5.60 (1) (b), 7.10 (1) (a), 7.70 (3) (d), 11.26 (1) (d) (intro.), 11.26 (2) (e) (intro.), 13.94 (4) (a) 1., 16.70 (14), 19.42 (7w) (a), 25.50 (1) (d), 46.031 (2), 46.031 (2g) (a), 46.031 (2g) (b), 46.031 (2r) (b), 46.031 (3) (a), 46.031 (3) (b), 46.031 (3) (c), 46.034 (3), 46.175, 46.18 (1), 46.18 (3), 46.18 (4), 46.18 (11), 46.18 (12), 46.18 (13), 46.18 (14), 46.18 (15), 46.19 (4), 46.21 (2) (a), (j), (k), (m) and (q), (2m) (a) and (b) 1. (intro.), (3), (3g), (3r), (4), (4m) (a) and (b) and (6), 46.40 (1) (a), 46.56 (1) (a), 46.56 (2) (a), 46.56 (2) (b), 46.56 (3) (b) 11., 46.56 (4) (d), 46.56 (15) (b) (intro.), 51.08, 51.20 (18) (a), 51.42 (1) (b), 51.42 (3) (a), 51.42 (3) (ar) 8., 51.42 (3) (ar) 14., 51.42 (3) (b), 51.42 (4) (a) 2. (intro.), 51.42 (6m) (intro.), 51.42 (6m) (c), 51.42 (6m) (i), 51.42 (6m) (m) 3., 51.423 (11), 51.44 (4), 51.61 (1) (e), 51.61 (1) (f), 55.001, 59.53 (7), 66.0301 (1) (a), 66.0621 (1) (a) and 66.0621 (1) (c); to repeal and recreate 25.50 (1) (d); and to create 5.02 (21) (a) to (d), 5.58 (2n), 5.60 (4n), 8.10 (3) (hn), 11.26 (1) (e), 11.26 (2) (f), 13.94 (1) (mg), 46.011 (1s), 51.406, 51.407, 51.408, 51.409, 51.41, 51.412, 51.413 and 59.53 (25) of the statutes; relating to: Milwaukee County mental health and creation of the Milwaukee County mental health district.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB565-ASA1,1 Section 1. 5.02 (21) of the statutes is renumbered 5.02 (21) (intro.) and amended to read:

SB565-ASA1,2,10 5.02 (21) (intro.) "Spring election" means the election held on the first Tuesday in April to elect judicial, educational and municipal officers, nonpartisan county officers and sewerage commissioners all of the following and to express preferences for the person to be the presidential candidate for each party in a year in which electors for president and vice president are to be elected.:

SB565-ASA1,2 Section 2. 5.02 (21) (a) to (d) of the statutes is created to read:

SB565-ASA1,2,12 5.02 (21) (a) Judicial, educational, and municipal officers.

SB565-ASA1,2,13 (b) Nonpartisan county officers.

SB565-ASA1,2,14 (c) Sewerage commissioners.

SB565-ASA1,2,15 (d) Milwaukee County mental health district board members.

SB565-ASA1,3 Section 3. 5.58 (2n) of the statutes is created to read:

SB565-ASA1,2,21 5.58 (2n) Mental health district. Except as authorized in s. 5.655, there shall be a separate ballot for Milwaukee County mental health district board members, with candidates for different seats listed in separate columns or rows if more than one seat is contested at any election. The government accountability board shall determine the arrangement of the names on the ballot.

SB565-ASA1,4 Section 4. 5.60 (1) (b) of the statutes is amended to read:

SB565-ASA1,3,11 5.60 (1) (b) The board shall certify the candidates' names and designate the official ballot arrangement for candidates for state superintendent, justice, court of appeals judge, circuit judge, Milwaukee County mental health district board member, and, if commissioners are elected under s. 200.09 (11) (am), the metropolitan sewerage commission. The arrangement of names of all candidates on the ballot whose nomination papers are filed with the board shall be determined by the board by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all candidates for that office shall be held by or under the supervision of the board not later than the 3rd day following the completion of the primary canvass to determine the arrangement of candidates on the election ballot.

SB565-ASA1,5 Section 5. 5.60 (4n) of the statutes is created to read:

SB565-ASA1,3,16 5.60 (4n) Mental health district. Except as authorized in s. 5.655, a separate ballot shall list the names of all candidates for Milwaukee County mental health district board member seats. The names for the different seats shall be placed in separate columns or rows if more than one seat is contested at any election.

SB565-ASA1,6 Section 6. 7.10 (1) (a) of the statutes is amended to read:

SB565-ASA1,3,24 7.10 (1) (a) Each county clerk shall provide ballots for every election in the county for all national, state and county offices, including metropolitan sewerage commission elections under s. 200.09 (11) (am) and Milwaukee County mental health district board elections under s. 51.408, for municipal judges elected under s. 755.01 (4), and for state and county referenda. The official and sample ballots shall be prepared in substantially the same form as those prescribed by the board under s. 7.08 (1) (a).

SB565-ASA1,7 Section 7. 7.70 (3) (d) of the statutes is amended to read:

SB565-ASA1,4,12 7.70 (3) (d) When the certified statements and returns are received, the chairperson of the board or the chairperson's designee shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; court of appeals judge; circuit judge; district attorney; metropolitan sewerage commission, if the commissioners are elected under s. 200.09 (11) (am); Milwaukee County mental health district board; and for any referenda questions submitted by the legislature.

SB565-ASA1,8 Section 8. 8.10 (3) (hn) of the statutes is created to read:

SB565-ASA1,4,15 8.10 (3) (hn) For Milwaukee County mental health district board members, not less than 400 nor more than 800 electors.

SB565-ASA1,9 Section 9. 11.26 (1) (d) (intro.) of the statutes is amended to read:

SB565-ASA1,4,18 11.26 (1) (d) (intro.) Candidates Except as provided in par. (e), candidates for local offices, an amount equal to the greater of the following:

SB565-ASA1,10 Section 10. 11.26 (1) (e) of the statutes is created to read:

SB565-ASA1,4,21 11.26 (1) (e) Candidates for Milwaukee County mental health district board member, $1,000.

SB565-ASA1,11 Section 11. 11.26 (2) (e) (intro.) of the statutes is amended to read:

SB565-ASA1,4,24 11.26 (2) (e) (intro.) Candidates Except as provided in par. (f), candidates for local offices, an amount equal to the greater of the following:

SB565-ASA1,12 Section 12. 11.26 (2) (f) of the statutes is created to read:

SB565-ASA1,5,2 11.26 (2) (f) Candidates for Milwaukee County mental health district board member, $1,000.

SB565-ASA1,13 Section 13. 13.94 (1) (mg) of the statutes is created to read:

SB565-ASA1,5,15 13.94 (1) (mg) No later than January 1, 2017, and biennially thereafter, perform a financial and performance evaluation audit of the Milwaukee County mental health district board and of mental health functions, programs, and services in Milwaukee County including a review of the effectiveness of the Milwaukee County mental health district board and new policies implemented under that board in providing mental health services, a review of the expenditures of the Milwaukee County mental health district board, a review of Milwaukee County's expenditures for mental health functions, programs, and services and the outcomes of those programs and services in the period after the formation of the Milwaukee County mental health district board. The legislative audit bureau shall file a copy of the audit report under this paragraph with the distributees specified in par. (b) and the Milwaukee County executive and the Milwaukee County board of supervisors.

SB565-ASA1,14 Section 14. 13.94 (4) (a) 1. of the statutes is amended to read:

SB565-ASA1,6,8 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, the Wisconsin Aerospace Authority, and the Wisconsin Economic Development Corporation, the Milwaukee County mental health district, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

SB565-ASA1,15 Section 15. 16.70 (14) of the statutes is amended to read:

SB565-ASA1,6,11 16.70 (14) "State" does not include a district created under subch. II, III, IV, or V of ch. 229 or the Milwaukee County mental health district created under s. 51.407.

SB565-ASA1,16 Section 16. 19.42 (7w) (a) of the statutes is amended to read:

SB565-ASA1,6,14 19.42 (7w) (a) An elective office of a local governmental unit, including an elected office of the Milwaukee County mental health district.

SB565-ASA1,17 Section 17. 25.50 (1) (d) of the statutes is amended to read:

SB565-ASA1,7,2 25.50 (1) (d) "Local government" means any county, town, village, city, power district, sewerage district, drainage district, town sanitary district, public inland lake protection and rehabilitation district, local professional baseball park district created under subch. III of ch. 229, long-term care district under s. 46.2895, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, Milwaukee County mental health district created under s. 51.407, public library system, school district or technical college district in this state, any commission, committee, board or officer of any governmental subdivision of this state, any court of this state, other than the court of appeals or the supreme court, or any authority created under s. 114.61, 149.41, 231.02, 233.02 or 234.02.

SB565-ASA1,18 Section 18. 25.50 (1) (d) of the statutes, as affected by 2013 Wisconsin Acts 20 and .... (this act), is repealed and recreated to read:

SB565-ASA1,7,15 25.50 (1) (d) "Local government" means any county, town, village, city, power district, sewerage district, drainage district, town sanitary district, public inland lake protection and rehabilitation district, local professional baseball park district created under subch. III of ch. 229, long-term care district under s. 46.2895, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, Milwaukee County mental health district created under s. 51.407, public library system, school district or technical college district in this state, any commission, committee, board or officer of any governmental subdivision of this state, any court of this state, other than the court of appeals or the supreme court, or any authority created under s. 114.61, 231.02, 233.02, or 234.02.

SB565-ASA1,19 Section 19. 46.011 (1s) of the statutes is created to read:

SB565-ASA1,7,18 46.011 (1s) "Milwaukee County mental health district board" means the Milwaukee County mental health district board created under s. 51.407.

SB565-ASA1,20 Section 20. 46.031 (2) of the statutes is amended to read:

SB565-ASA1,7,24 46.031 (2) Assessment of needs. Before developing and submitting a proposed budget to the county executive or county administrator or the county board or the Milwaukee County mental health district board, the county departments listed in sub. (1) shall assess needs and inventory resources and services, using an open public participation process.

SB565-ASA1,21 Section 21. 46.031 (2g) (a) of the statutes is amended to read:

SB565-ASA1,8,18 46.031 (2g) (a) The department shall annually submit to the county board of supervisors in a county with a single-county department, the Milwaukee County mental health district board in Milwaukee County for matters related to mental health, or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds and such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department, the Milwaukee County mental health district board in Milwaukee County for matters related to mental health, or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department, the Milwaukee County mental health district board in Milwaukee County, or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.

SB565-ASA1,22 Section 22. 46.031 (2g) (b) of the statutes is amended to read:

SB565-ASA1,9,3 46.031 (2g) (b) The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department, the Milwaukee County mental health district board in Milwaukee County for matters related to mental health, or the county boards of supervisors in counties with a multicounty department may appropriate funds not used to match state funds under ss. 46.495 (1) (d) and 51.423. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department, and shall comply with standards guaranteeing quality of care comparable to similar facilities.

SB565-ASA1,23 Section 23. 46.031 (2r) (b) of the statutes is amended to read:

SB565-ASA1,9,19 46.031 (2r) (b) If the department withholds a portion of the allocable appropriation under par. (a), the county department affected by the action of the department may submit to the county board of supervisors in a county with a single-county department or to its designated agent, to the Milwaukee County mental health district board if related to mental health in Milwaukee County, or to the county boards of supervisors in counties with a multicounty department or their designated agents a plan to rectify the deficiency found by the department. The county board of supervisors or its designated agent in a county with a single-county department, the Milwaukee County mental health district board if related to mental health, or the county boards of supervisors in counties with a multicounty department or their designated agents may approve or amend the plan and may submit for departmental approval the plan as adopted. If a multicounty department is administering a program, the plan may not be submitted unless each county board of supervisors which participated in the establishment of the multicounty department, or its designated agent, adopts it.

SB565-ASA1,24 Section 24. 46.031 (3) (a) of the statutes is amended to read:

SB565-ASA1,9,25 46.031 (3) (a) Citizen advisory committee. Except as provided in par. (b), the county board of supervisors of each county, the Milwaukee County mental health district board, as applicable, or the county boards of supervisors of 2 or more counties jointly shall establish a citizen advisory committee to the county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437. The citizen advisory committee shall advise in the formulation of the budget under sub. (1). Membership on the committee shall be determined by the county board of supervisors in a county with a single-county committee, the Milwaukee County mental health district board, as applicable, or by the county boards of supervisors in counties with a multicounty committee and shall include representatives of those persons receiving services, providers of service and citizens. A majority of the members of the committee shall be citizen and service consumers. The committee's membership may not consist of more than 25% county supervisors, nor of more than 20% service providers. The chairperson of the committee shall be appointed by the county board of supervisors establishing it or by the Milwaukee County mental health district board, if it establishes the committee. In the case of a multicounty committee, the chairperson shall be nominated by the committee and approved by the county boards of supervisors establishing it. The county board of supervisors in a county with a single-county committee or the county boards of supervisors in counties with a multicounty committee may designate an agent to determine the membership of the committee and to appoint the committee chairperson or approve the nominee.

SB565-ASA1,25 Section 25. 46.031 (3) (b) of the statutes is amended to read:

SB565-ASA1,10,25 46.031 (3) (b) Alternate process. The county board of supervisors, the Milwaukee County mental health district board, as applicable, or the boards of 2 or more counties acting jointly may submit a report to the department on the open public participation process used under sub. (2). The county board of supervisors or the Milwaukee County mental health district board may designate an agent, or the boards of 2 or more counties acting jointly may designate an agent, to submit the report. If the department approves the report, establishment of a citizen advisory committee under par. (a) is not required.

SB565-ASA1,26 Section 26. 46.031 (3) (c) of the statutes is amended to read:

SB565-ASA1,11,7 46.031 (3) (c) Yearly report. The county board of supervisors or its designated agent, the Milwaukee County mental health district board, as applicable, or the boards of 2 or more counties acting jointly or their designated agent, shall submit to the department a list of members of the citizen advisory committee under par. (a) or a report on the open public participation process under par. (b) on or before July 1 of each year.

SB565-ASA1,27 Section 27. 46.034 (3) of the statutes is amended to read:

SB565-ASA1,12,9 46.034 (3) With the agreement of the affected county board of supervisors in a county with a single-county department, the Milwaukee County mental health district board, as applicable, or boards of supervisors in counties with a multicounty department, effective for the contract period beginning January 1, 1980, the department may approve a county with a single-county department or counties participating in a multicounty department to administer a single consolidated aid consisting of the state and federal financial aid available to that county or those counties from appropriations under s. 20.435 (7) (b) and (o) for services provided and purchased by county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437. Under such an agreement, in the interest of improved service coordination and effectiveness, the county board of supervisors in a county with a single-county department, the Milwaukee County mental health district board, as applicable, or county boards of supervisors in counties with a multicounty department may reallocate among county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 funds that otherwise would be specified for use by a single county department. The budget under s. 46.031 (1) shall be the vehicle for expressing the proposed use of the single consolidated fund by the county board of supervisors in a county with a single-county department, the Milwaukee County mental health district board, as applicable, or county boards of supervisors in counties with a multicounty department. Approval by the department of this use of the fund shall be in the contract under s. 46.031 (2g). Counties that were selected by the department to pilot test consolidated aids for contract periods beginning January 1, 1978, may continue or terminate consolidation with the agreement of the affected county board of supervisors in a county with a single-county department , the Milwaukee County mental health district board, or county boards of supervisors in counties with a multicounty department.

SB565-ASA1,28 Section 28. 46.175 of the statutes is amended to read:

SB565-ASA1,12,20 46.175 County institutions: minimum standards. Notwithstanding any other provision of law, any county currently operating an institution established under s. 49.70, 49.71, 49.72, 51.08, or 51.09 may, by resolution of the county board or, in Milwaukee County for institutions providing mental health treatment, the Milwaukee County mental health district board, designate such institution or distinct part of such institution as a facility to be operated under s. 50.02, 50.03 or 50.33. Any county institution or part thereof, where so designated, shall be required to meet those licensure standards established by the department for the type of facility designated by the county. Any designation under this section may be made only if such designation will not result in any additional cost to the state.

SB565-ASA1,29 Section 29. 46.18 (1) of the statutes is amended to read:

SB565-ASA1,13,15 46.18 (1) Trustees. Every county home, infirmary, hospital, or similar institution, shall, subject to regulations approved by the county board except in Milwaukee County for county homes, infirmaries, hospitals, or institutions providing mental health treatment, be managed by a board of trustees, electors of the county, chosen by ballot by the county board. In Milwaukee County, every county home, infirmary, hospital, or similar institution that provides mental health treatment shall, subject to standards and procedures adopted by the Milwaukee County mental health district board, be managed by a board of trustees, electors of the county, chosen by ballot by the Milwaukee County mental health district board. At its annual meeting, the county board or the Milwaukee County mental health district board, if applicable, shall appoint an uneven number of trustees, from 3 to 9 at the option of the board, for staggered 3-year terms ending the first Monday in January. Any vacancy shall be filled for the unexpired term by the county board or the Milwaukee County mental health district board, as applicable; but the chairperson of the county board may appoint a trustee to fill the vacancy until the county board acts except for boards of trustees appointed by the Milwaukee County mental health district board for which the chairperson of the Milwaukee County mental health district board may appoint a trustee to fill the vacancy until the entire Milwaukee County mental health district board acts.

SB565-ASA1,30 Section 30. 46.18 (3) of the statutes is amended to read:

SB565-ASA1,13,20 46.18 (3) Removal of trustee. Any trustee may be removed from office for misconduct or neglect, by a two-thirds vote of the county board or of the Milwaukee County mental health district board, as applicable, on due notice in writing and hearing of the charges against the trustee.