Amendment ASA1-SB565

SB565-ASA1,46 Section 46. 51.08 of the statutes is amended to read:

SB565-ASA1,24,17 51.08 Milwaukee County Mental Health Complex. Any county having a population of 500,000 or more may, pursuant to s. 46.17, establish and maintain a county mental health complex. The county mental health complex shall be a hospital devoted to the detention and care of drug addicts, alcoholics, chronic patients and mentally ill persons whose mental illness is acute. Such hospital shall be governed pursuant to s. 46.21. Treatment of alcoholics at the county mental health complex is subject to approval by the department under s. 51.45 (8). The county mental health complex established pursuant to this section is subject to rules promulgated by the department concerning hospital standards. The county board may not sell the County mental health district complex under this section without approval of the Milwaukee County mental health district board.

SB565-ASA1,47 Section 47. 51.20 (18) (a) of the statutes is amended to read:

SB565-ASA1,24,23 51.20 (18) (a) Unless previously fixed by the county board of supervisors or the Milwaukee County mental health district board in the county in which the examination is held, the examiners shall receive a fee as fixed by the court for participation in commitment proceedings, and reasonable reimbursement for travel expenses.

SB565-ASA1,48 Section 48. 51.406 of the statutes is created to read:

SB565-ASA1,25,2 51.406 Milwaukee County mental health district; definitions. In ss. 51.407 to 51.413:

SB565-ASA1,25,4 (1) "District" means the Milwaukee County mental health district created under s. 51.407.

SB565-ASA1,25,6 (2) "District board" means the governing board of the Milwaukee County mental health district.

SB565-ASA1,25,8 (3) "Supermajority" means not less than 60 percent of the members of the district board.

SB565-ASA1,49 Section 49. 51.407 of the statutes is created to read:

SB565-ASA1,25,14 51.407 Milwaukee County mental health district; creation; organization; dissolution. (1) There is created a special district that is a local governmental unit, that is a body corporate and politic, that is separate and distinct from, and independent of, the state, that has the powers under ss. 51.407 to 51.413 and the name of which is "Milwaukee County mental health district".

SB565-ASA1,25,17 (2) The district is governed by its district board. The district board may adopt bylaws to govern the district's activities, subject to this chapter. The district board shall consist of the members described under s. 51.408.

SB565-ASA1,25,22 (3) The district board shall elect from its membership a chairperson, a vice chairperson, a secretary, and a treasurer. A majority of the current membership of the district board constitutes a quorum to do business. The district may take action based on the affirmative vote of a majority of those directors who are present at a meeting of the district board.

SB565-ASA1,26,2 (4) The members of the district board shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. The members of the district board shall earn an annual salary of $1,000. The district board may vote to change the salaries of its members.

SB565-ASA1,26,5 (5) Upon the election and qualification of a majority of the members of a district board, the district board may exercise the powers and duties of a district board under this chapter.

SB565-ASA1,26,9 (6) Subject to providing for the performance of its contractual obligations, the district may be dissolved by the action of the district board. If the district is dissolved, the property of the district shall be transferred to Milwaukee County in the jurisdiction.

SB565-ASA1,50 Section 50. 51.408 of the statutes is created to read:

SB565-ASA1,26,14 51.408 Milwaukee County mental health district board members; election. (1) The district board shall consist of the following members who are elected by the electors of Milwaukee County at a spring election, as defined in s. 5.02 (21), beginning in 2016:

SB565-ASA1,26,17 (a) Four individuals, at least 2 of whom have a masters or doctorate degree in a mental health discipline, who reside in the city of Milwaukee and in aldermanic districts 1, 2, 3, 4, 5, 6, 7, 9, 10, or 15.

SB565-ASA1,26,20 (b) Two individuals, at least one of whom has a masters or doctorate degree in a mental health discipline, who reside in the city of Milwaukee and in aldermanic districts 8, 11, 12, 13, or 14.

SB565-ASA1,26,22 (c) Four individuals who reside in Milwaukee County, but not in the city of Milwaukee.

SB565-ASA1,26,24 (d) One individual who has a masters or doctorate degree in a mental health discipline.

SB565-ASA1,27,3 (2) Each board member shall hold office for a 4-year term and until a successor is elected and qualified. Any board member elected for a regular or unexpired term shall take office after filing the official oath on the 4th Monday in April.

SB565-ASA1,51 Section 51. 51.409 of the statutes is created to read:

SB565-ASA1,27,6 51.409 Milwaukee County mental health district; jurisdiction; powers. (1) Jurisdiction. The district's jurisdiction is Milwaukee County.

SB565-ASA1,27,10 (2) Powers. The district has all of the powers necessary or convenient to carry out the purposes and provisions of ss. 51.407 to 51.413 and other assigned duties. In addition to all other powers granted by the statutes, a district may do all of the following:

SB565-ASA1,27,11 (a) Adopt and alter an official seal.

SB565-ASA1,27,12 (b) Sue and be sued in its own name, plead and be impleaded.

SB565-ASA1,27,13 (c) Maintain an office.

SB565-ASA1,27,17 (d) Employ personnel, and fix and regulate their compensation; and provide, either directly or subject to an agreement under s. 66.0301 as a participant in a benefit plan of another governmental entity, any employee benefits, including an employee pension plan.

SB565-ASA1,27,20 (e) Purchase insurance, establish and administer a plan of self-insurance or, subject to an agreement with another governmental entity under s. 66.0301, participate in a governmental plan of insurance or self-insurance.

SB565-ASA1,27,21 (f) Mortgage, pledge or otherwise encumber the district's property or funds.

SB565-ASA1,27,23 (g) Maintain funds and invest the funds in any investment that the district board considers appropriate.

SB565-ASA1,27,25 (h) Promote, advertise, and publicize its mental health functions, services, and programs and related activities.

SB565-ASA1,28,2 (i) Establish and collect fees, and establish shared revenue arrangements or other charges for the use services rendered by the district.

SB565-ASA1,28,4 (j) Enter into partnerships, joint ventures, common ownership, or other arrangements with other persons to further the district's purposes.

SB565-ASA1,28,10 (k) By vote of a supermajority, annually levy the taxes imposed under ch. 70 on the full value of the taxable property located in Milwaukee County for the purposes described under s. 51.413 (1). If the district board levies the tax under this paragraph, it shall notify the taxation district of the amount of the levy by October 31, or 10 days after receiving the equalized valuations from the department of revenue, whichever is later.

SB565-ASA1,28,11 (L) Accept gifts, loans and other aid.

SB565-ASA1,28,12 (m) Administer the receipt of revenues by the district.

SB565-ASA1,52 Section 52. 51.41 of the statutes is created to read:

SB565-ASA1,28,16 51.41 Milwaukee County mental health; Milwaukee County mental health district board. (1) Duties of the board. The Milwaukee County mental health district board shall do all of the following:

SB565-ASA1,28,18 (a) Oversee the provision of mental health programs and services in Milwaukee County.

SB565-ASA1,28,20 (b) Allocate moneys for mental health functions, programs, and services in Milwaukee County within the district's budget.

SB565-ASA1,28,21 (c) Make the final determination on mental health policy in Milwaukee County.

SB565-ASA1,28,23 (d) Replace the Milwaukee County board of supervisors in all mental health functions that are typically performed by a county board of supervisors.

SB565-ASA1,28,25 (e) Facilitate delivery of mental health services in an efficient and effective manner by making a commitment to all of the following:

SB565-ASA1,29,2 1. Community-based, person-centered, recovery-oriented, mental health systems.

SB565-ASA1,29,3 2. Maximizing comprehensive community-based services.

SB565-ASA1,29,5 3. Prioritizing access to community-based services and reducing reliance on institutional and inpatient care.

SB565-ASA1,29,8 4. Protecting the personal liberty of individuals experiencing mental illness so that they may be treated in the least restrictive environment to the greatest extent possible.

SB565-ASA1,29,10 5. Providing early intervention to minimize the length and depth of psychotic and other mental health episodes.

SB565-ASA1,29,12 6. Diverting people experiencing mental illness from the corrections system when appropriate.

SB565-ASA1,29,13 7. Maximizing use of mobile crisis units and crisis intervention training.

SB565-ASA1,29,15 (f) Attempt to achieve costs savings in the provision of mental health programs and services in Milwaukee County.

SB565-ASA1,29,18 (g) Cooperate and consult with the department on recommendations for and establishing policy for inpatient mental health treatment facilities and related programs in Milwaukee County.

SB565-ASA1,29,24 (2) Powers of the board; limitations. The Milwaukee County mental health district board may request information from the Milwaukee Mental Health Complex, a county department under s. 46.21 or 51.42 or any other Milwaukee County governmental unit that possesses mental health information in order to fulfill its duties of overseeing mental health functions, programs, and services in Milwaukee County.

SB565-ASA1,30,3 (4) Milwaukee County mental health budget. (a) In this subsection, "mental health budget" means the part of the budget for Milwaukee County for a fiscal year that covers mental health functions, programs, and services in Milwaukee County.

SB565-ASA1,30,11 (b) The county board of supervisors shall determine an amount to allocate to mental health functions, programs, and services an amount from the county's community aids allocation received under s. 46.40 that maintains or increases the expenditures for mental health functions, programs, and services paid from the county's community aids allocation in the previous fiscal year to the extent of the availability of community aids funds from the state. The county board of supervisors shall report the amount determined to the department for distribution under s. 46.40 to the district.

SB565-ASA1,30,14 (c) The Milwaukee County board of supervisors and the Milwaukee County executive may not in a fiscal year include in the Milwaukee County budget an amount for the mental health budget.

SB565-ASA1,30,23 (5) Jurisdiction of Milwaukee County board. (a) The Milwaukee County board of supervisors has no jurisdiction over any mental health policy, functions, programs, or services. The Milwaukee County board of supervisors may not create new mental health functions, programs, or services that are under the jurisdiction of the board of supervisors. Any dispute between the Milwaukee County board of supervisors and the Milwaukee County mental health district board over whether a function, program, or service is a mental health function, program, or service under the jurisdiction of the Milwaukee County mental health district board shall be resolved by the Milwaukee County executive.

SB565-ASA1,31,5 (b) The Milwaukee County mental health district board may transfer jurisdiction over a Milwaukee County function, service, or program to itself that pertains to mental health or is highly integrated with mental health services and that is not under its jurisdiction by statute or by agreement with the Milwaukee County board of supervisors, by an affirmative vote of 8 of the voting Milwaukee County mental health district board members if the Milwaukee County executive approves the transfer.

SB565-ASA1,31,9 (7) County department requirements. (a) A county department under s. 46.21 or 51.42 in Milwaukee County may not impede the Milwaukee County mental health district board in performing its duties under this section or exercising its powers under this section.

SB565-ASA1,31,12 (b) A county department under s. 46.21 or 51.42 in Milwaukee County shall respond to any requests for information from the Milwaukee County mental health district board.

SB565-ASA1,31,20 (8) Reports; studies. (a) By March 1, 2015, and annually by March 1 thereafter, the Milwaukee County mental health district board shall submit to the Milwaukee County executive, the Milwaukee County board of supervisors, and the department a report including a description of the funding allocations for Milwaukee County's mental health functions, services, and programs and a description of any improvements and efficiencies in those mental health functions, programs, and services. Milwaukee County shall provide access to the report under this subsection to the public including posting the report on the Milwaukee County's Internet site.

SB565-ASA1,32,3 (b) The Milwaukee County mental health district board shall arrange for a study to be conducted on alternate funding sources for mental health services and programs including fee-for-service models, managed care models that integrate mental health services into the contracts with an increased offset through basic county allocation reduction, and other funding models. By March 1, 2016, the Milwaukee County mental health district board shall submit to the Milwaukee County board of supervisors, the Milwaukee County executive, and the department a report of the results of the study.

SB565-ASA1,32,13 (9) Administrator. (a) The Milwaukee County executive shall nominate an individual to be the administrator of any division or branch of the department under s. 46.21 that administers behavioral health for Milwaukee County. The nominated individual may be hired as the administrator only upon approval of the Milwaukee County mental health district board. If the county executive does not nominate an individual by June 1, 2015, the Milwaukee County mental health district board may hire an individual to be the administrator. Upon a vacancy in the position of administrator, if the county executive does not nominate an individual within 12 months of the date the position becomes vacant, the Milwaukee County mental health district board may hire an individual to be the administrator.

SB565-ASA1,32,17 (b) The Milwaukee County executive shall determine the salary and benefits and the job duties of the administrator. The county executive may not assign the administrator any duties that are not related to mental health functions, programs, and services in Milwaukee County.

SB565-ASA1,32,19 (c) 1. The administrator under this subsection may be removed by the Milwaukee County mental health district board by a vote of 8 members of that board.

SB565-ASA1,32,24 2. The Milwaukee County executive may recommend removal of the administrator under this subsection to the Milwaukee County mental health district board. If the county executive recommends removal under this subdivision, the Milwaukee County mental health district board may remove the administrator upon a vote of 6 members of that board.

SB565-ASA1,33,3 (d) The Milwaukee County board of supervisors may not hire, remove, or discipline; set the salary or benefits of, or assign or remove any job duties of the administrator under this subsection.

SB565-ASA1,33,8 (10) Mental health contracts. Any contract related to mental health with a value of at least $100,000, to which Milwaukee County is a party may take effect only if the Milwaukee County mental health district board votes to approve, or does not vote to reject, the contract within 28 days after the contract is signed or countersigned by the county executive.

SB565-ASA1,33,17 (11) Transition liaison position. (a) The Milwaukee County executive shall nominate an individual who has knowledge of the services provided by and the mental health systems of Milwaukee County to be a transition liaison to assist the Milwaukee County mental health district board in the transition of oversight functions and to ensure there is no interruption of mental health services. The transition liaison shall be assigned or hired to that position only upon approval of the Milwaukee County mental health district board. The transition liaison shall be assigned to or employed in that position for no longer than 12 months, except that the county executive may grant extensions to the term of that position.

SB565-ASA1,33,19 (b) 1. The Milwaukee County executive shall determine the salary and benefits and the job duties of the transition liaison assigned or hired under par. (a).

SB565-ASA1,34,2 2. The Milwaukee County executive may remove the transition liaison assigned or hired under par. (a). If the Milwaukee County executive removes the transition liaison assigned or hired under par. (a) before the 12 months following the date of the assignment or hiring of the initial transition liaison have expired, the Milwaukee County executive shall nominate another transition liaison to serve for at least the remainder of the 12 months following the date of the assignment or hiring of the initial transition liaison.

SB565-ASA1,34,5 (c) The Milwaukee County board of supervisors may not hire, remove, or discipline; set the salary or benefits of; or assign or remove any job duties of the transition liaison assigned or hired under this subsection.

SB565-ASA1,53 Section 53. 51.412 of the statutes is created to read:

SB565-ASA1,34,10 51.412 Powers granted to a city or a county in the Milwaukee County mental health district. In addition to any powers that it may otherwise have, a city or a county within the Milwaukee County mental health district's jurisdiction may do any of the following:

SB565-ASA1,34,12 (1) Make grants or loans to a district upon terms that the city or county considers appropriate.

SB565-ASA1,34,13 (2) Expend public funds to subsidize a district.

SB565-ASA1,34,15 (3) Borrow money under ss. 67.04 and 67.12 (12) to fund grants, loans or subsidies to a district.

SB565-ASA1,54 Section 54. 51.413 of the statutes is created to read:

SB565-ASA1,34,23 51.413 Milwaukee County mental health district; generally. (1) Special fund. The district board shall maintain a special fund into which it deposits only the revenue derived from the taxes imposed under s. 51.409 (2) (k). If the district board determines that the revenues in the special fund under this subsection exceed current operating expenses for mental health functions, services, and programs in Milwaukee County, the district board shall apply the excess to maintenance costs and capital improvements.

SB565-ASA1,34,25 (2) Debt. The Milwaukee County mental health district may not create a debt of the state or a county in the district's jurisdiction.

SB565-ASA1,35,5 (3) State pledge. The state pledges to and agrees with persons that enter into contracts with the Milwaukee County mental health district that the state will not limit or alter the rights and powers vested in a district before the district has fully performed its contracts, unless adequate provision is made by law for the protection of those entering into contracts with a district.

SB565-ASA1,35,10 (4) Trust funds. All moneys received under ss. 51.407 to 51.413 are trust funds to be held and applied solely as provided in ss. 51.407 to 51.413. Any officer with whom, or any bank or trust company with which, those moneys are deposited shall act as trustee of those moneys and shall hold and apply the moneys for the purposes of and in accordance with ss. 51.407 to 51.413.

SB565-ASA1,35,18 (5) Budgets; rates and charges; audit. A district shall adopt a calendar year as its fiscal year for accounting purposes. The district board shall annually prepare a budget for the district. Rates and other charges received by the district shall be used for the general expenses and capital expenditures of the district and to pay interest, amortization, and retirement charges on bonds. A district shall maintain an accounting system in accordance with generally accepted accounting principles and shall have its financial statements and debt covenants audited annually by an independent certified public accountant.

SB565-ASA1,55 Section 55. 51.42 (1) (b) of the statutes is amended to read:

SB565-ASA1,37,2 51.42 (1) (b) County liability. The county board of supervisors except in Milwaukee County, has the primary responsibility for the well-being, treatment and care of the mentally ill, developmentally disabled, alcoholic and other drug dependent citizens residing within its county and for ensuring that those individuals in need of such emergency services found within its county receive immediate emergency services. In Milwaukee County, the Milwaukee County mental health district board has the primary responsibility for the well-being, treatment and care of the mentally ill, alcoholic, and other drug dependent citizens residing within Milwaukee County and for ensuring that those individuals in need of such emergency services found within Milwaukee County receive immediate emergency services. The county board of supervisors of Milwaukee County has the primary responsibility for the well-being, treatment, and care of the developmentally disabled citizens residing within Milwaukee County, except where the responsibility is delegated explicitly under this section to the Milwaukee County mental health district board, and for ensuring that developmentally disabled individuals in need of such emergency services found within Milwaukee County receive immediate emergency services. This primary responsibility is limited to the programs, services and resources that the county board of supervisors, or, as applicable, the Milwaukee County mental health district board, is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds. County liability for care and services purchased through or provided by a county department of community programs established under this section shall be based upon the client's county of residence except for emergency services for which liability shall be placed with the county in which the individual is found. For the purpose of establishing county liability, "emergency services" includes those services provided under the authority of s. 55.05 (4), 2003 stats., or s. 55.06 (11) (a), 2003 stats., or s. 51.15, 51.45 (11) (a) or (b) or (12), 55.13, or 55.135 for not more than 72 hours. Nothing in this paragraph prevents recovery of liability under s. 46.10 or any other statute creating liability upon the individual receiving a service or any other designated responsible party, or prevents reimbursement by the department of health services for the actual cost of all care and services from the appropriation under s. 20.435 (7) (da), as provided in s. 51.22 (3).

SB565-ASA1,56 Section 56. 51.42 (3) (a) of the statutes is amended to read: