Amendment ASA1-SB565

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:

SB565-ASA1,37,13 51.42 (3) (a) Creation. Except as provided under s. 46.23 (3) (b), the county board of supervisors of any county except Milwaukee County, the Milwaukee County mental health district board, or the county boards of supervisors of 2 or more counties, shall establish a county department of community programs on a single-county or multicounty basis to administer a community mental health, developmental disabilities, alcoholism and drug abuse program, make appropriations to operate the program and authorize the county department of community programs to apply for grants-in-aid under s. 51.423. The county department of community programs shall consist of a county community programs board, a county community programs director and necessary personnel.

SB565-ASA1,57 Section 57. 51.42 (3) (ar) 8. of the statutes is amended to read:

SB565-ASA1,37,24 51.42 (3) (ar) 8. By September 30, submit for inclusion as part of the proposed county budget to the Milwaukee County mental health district board in Milwaukee County, to the county executive or county administrator, or, in those counties without a county executive or county administrator, directly to the county board of supervisors in a county with a single-county department of community programs or the county boards of supervisors in counties with a multicounty department of community programs a proposed budget for the succeeding calendar year covering services, including active treatment community mental health center services, based on the plan required under subd. 5. The final budget shall be submitted to the department of health services.

SB565-ASA1,58 Section 58. 51.42 (3) (ar) 14. of the statutes is amended to read:

SB565-ASA1,38,4 51.42 (3) (ar) 14. If the county board of supervisors or, as applicable, the Milwaukee County mental health district board establishes an initiative to provide coordinated services under s. 59.53 (7), participate in and may administer the initiative, including entering into any written interagency agreements or contracts.

SB565-ASA1,59 Section 59. 51.42 (3) (b) of the statutes is amended to read:

SB565-ASA1,38,12 51.42 (3) (b) Other powers and duties. The county board of supervisors of any county with a single-county department of community programs, the Milwaukee County mental health district board, and the county boards of supervisors of counties with a multicounty department of community programs may designate the county department of community programs as the administrator of any other county health care program or institution, but the operation of such program or institution is not reimbursable under s. 51.423.

SB565-ASA1,60 Section 60. 51.42 (4) (a) 2. (intro.) of the statutes is amended to read:

SB565-ASA1,38,23 51.42 (4) (a) 2. (intro.) In any county with a county executive or county administrator and which has established a single-county department of community programs, the county executive or county administrator shall appoint, subject to confirmation by the Milwaukee County mental health district board in Milwaukee County or the county board of supervisors, the county community programs board, which shall be only a policy-making body determining the broad outlines and principles governing the administration of programs under this section. A member of a county community programs board appointed under this subdivision may be removed by the county executive or county administrator under the following circumstances:

SB565-ASA1,61 Section 61. 51.42 (6m) (intro.) of the statutes is amended to read:

SB565-ASA1,39,21 51.42 (6m) County community programs director in certain counties with a county executive or county administrator. (intro.) In any county with a county executive or county administrator in which the county board of supervisors or the Milwaukee County mental health district board has established a single-county department of community programs, the county executive or county administrator shall appoint and supervise the county community programs director. In any county with a population of 500,000 750,000 or more, the county executive or county administrator shall appoint the director of the county department of human services under s. 46.21 as the county community programs director. The appointment of a county community programs director under this subsection shall be on the basis of recognized and demonstrated interest in and knowledge of the problems of mental health, intellectual disability, alcoholism and drug addiction, with due regard to training, experience, executive and administrative ability, and general qualification and fitness for the performance of the duties of the director. The appointment of a county community programs director under this subsection is subject to confirmation by the county board of supervisors, except in Milwaukee County, unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63. The county community programs director, subject only to the supervision of the county executive or county administrator, shall:

SB565-ASA1,62 Section 62. 51.42 (6m) (c) of the statutes is amended to read:

SB565-ASA1,40,6 51.42 (6m) (c) Determine, subject to the approval of the county board of supervisors or the Milwaukee County mental health district board, as applicable, and with the advice of the county community programs board, whether services are to be provided directly by the county department of community programs or contracted for with other providers and make such contracts. The county board of supervisors, except in Milwaukee County, or the Milwaukee County mental health district board in Milwaukee County may elect to require the approval of any such contract by the county board of supervisors or the Milwaukee County mental health district board.

SB565-ASA1,63 Section 63. 51.42 (6m) (i) of the statutes is amended to read:

SB565-ASA1,40,13 51.42 (6m) (i) Establish salaries and personnel policies of the programs of the county department of community programs subject to approval of the county executive or county administrator and county board of supervisors, except in Milwaukee County, or the Milwaukee County mental health district board in Milwaukee County unless the county board of supervisors or the Milwaukee County mental health district board elects not to review the salaries and personnel policies.

SB565-ASA1,64 Section 64. 51.42 (6m) (m) 3. of the statutes is amended to read:

SB565-ASA1,40,17 51.42 (6m) (m) 3. Such other reports as are required by the secretary and the county board of supervisors or, as applicable, the Milwaukee County mental health district board.

SB565-ASA1,65 Section 65. 51.423 (11) of the statutes is amended to read:

SB565-ASA1,41,22 51.423 (11) Each county department under s. 51.42 or 51.437, or both, shall apply all funds it receives under subs. (1) to (7) to provide the services required under ss. 51.42, 51.437 and 51.45 (2) (g) to meet the needs for service quality and accessibility of the persons in its jurisdiction, except that the county department may pay for inpatient treatment only with funds designated by the department for inpatient treatment. The county department may expand programs and services with county funds not used to match state funds under this section subject to the approval of the county board of supervisors in a county with a single-county department, except in Milwaukee County, the Milwaukee County mental health district board in Milwaukee County, or the county boards of supervisors in counties with multicounty departments and with other local or private funds subject to the approval of the department and the county board of supervisors in a county with a single-county department under s. 51.42 or 51.437, the Milwaukee County mental health district board with a department under s. 51.42, or the county boards of supervisors in counties with a multicounty department under s. 51.42 or 51.437. The county board of supervisors in a county with a single-county department under s. 51.42 or 51.437, the Milwaukee County mental health district board with a department under s. 51.42, or the county boards of supervisors in counties with a multicounty department under s. 51.42 or 51.437 may delegate the authority to expand programs and services to the county department under s. 51.42 or 51.437. The county department under s. 51.42 or 51.437 shall report to the department all county funds allocated to the county department under s. 51.42 or 51.437 and the use of such funds. Moneys collected under s. 46.10 shall be applied to cover the costs of primary services, exceptional and specialized services or to reimburse supplemental appropriations funded by counties. County departments under ss. 51.42 and 51.437 shall include collections made on and after October 1, 1978, by the department that are subject to s. 46.10 (8m) (a) 3. and 4. and are distributed to county departments under ss. 51.42 and 51.437 from the appropriation account under s. 20.435 (5) (gg), as revenues on their grant-in-aid expenditure reports to the department.

SB565-ASA1,66 Section 66. 51.44 (4) of the statutes is amended to read:

SB565-ASA1,42,3 51.44 (4) Each county board of supervisors, except in Milwaukee County, and the Milwaukee County mental health district board in Milwaukee County shall designate the appropriate county department under s. 46.21, 46.23 or 51.437, the local health department of the county or another entity as the local lead agency to provide early intervention services under the funding specified in sub. (3).

SB565-ASA1,67 Section 67. 51.61 (1) (e) of the statutes is amended to read:

SB565-ASA1,42,11 51.61 (1) (e) Except in the case of a patient who is admitted or transferred under s. 51.35 (3) or 51.37 or under ch. 971 or 975, have the right to the least restrictive conditions necessary to achieve the purposes of admission, commitment or protective placement, under programs, services and resources that the county board of supervisors or the Milwaukee County mental health district board, as applicable, 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.

SB565-ASA1,68 Section 68. 51.61 (1) (f) of the statutes is amended to read:

SB565-ASA1,42,18 51.61 (1) (f) Have a right to receive prompt and adequate treatment, rehabilitation and educational services appropriate for his or her condition, under programs, services and resources that the county board of supervisors or the Milwaukee County mental health district board, as applicable, 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.

SB565-ASA1,69 Section 69. 55.001 of the statutes is amended to read:

SB565-ASA1,43,10 55.001 Declaration of policy. The legislature recognizes that many citizens of the state, because of serious and persistent mental illness, degenerative brain disorder, developmental disabilities, or other like incapacities, are in need of protective services or protective placement. Except as provided in s. 49.45 (30m) (a), the protective services or protective placement should, to the maximum degree of feasibility under programs, services and resources that the county board of supervisors or the Milwaukee County mental health district board, as applicable, 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, allow the individual the same rights as other citizens, and at the same time protect the individual from financial exploitation, abuse, neglect, and self-neglect. This chapter is designed to establish those protective services and protective placements, to assure their availability to all individuals when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, financial exploitation, neglect, and self-neglect.

SB565-ASA1,70 Section 70. 59.53 (7) of the statutes is amended to read:

SB565-ASA1,43,14 59.53 (7) Initiative to provide coordinated services. The Except in Milwaukee County, the board may establish an initiative to provide coordinated services under s. 46.56.

SB565-ASA1,71 Section 71. 59.53 (25) of the statutes is created to read:

SB565-ASA1,43,19 59.53 (25) Milwaukee County mental health. The Milwaukee County board has no jurisdiction and may not take any actions, including under ss. 59.52 (6) and (31), 66.0301, and 66.0607 (2), related to mental health functions, programs, and services.

SB565-ASA1,72 Section 72. 66.0301 (1) (a) of the statutes is amended to read:

SB565-ASA1,44,10 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, long-term care district under s. 46.2895, the Milwaukee County mental health district created under s. 51.407, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, housing authority created under s. 66.1201, redevelopment authority created under s. 66.1333, community development authority created under s. 66.1335, or city-county health department.

SB565-ASA1,73 Section 73. 66.0621 (1) (a) of the statutes is amended to read:

SB565-ASA1,44,23 66.0621 (1) (a) "Municipality" means a city, village, town, county, commission created by contract under s. 66.0301, public inland lake protection and rehabilitation district established under s. 33.23, 33.235 or 33.24, metropolitan sewerage district created under ss. 200.01 to 200.15 and 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, a local professional baseball park district created under subch. III of ch. 229, a local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, the Milwaukee County mental health district, or a municipal water district or power district under ch. 198 and any other public or quasi-public corporation, officer, board or other public body empowered to borrow money and issue obligations to repay the money and obligations out of revenues. "Municipality" does not include the state or a local exposition district created under subch. II of ch. 229.

SB565-ASA1,74 Section 74. 66.0621 (1) (c) of the statutes is amended to read:

SB565-ASA1,45,10 66.0621 (1) (c) "Revenue" means all moneys received from any source by a public utility and all rentals and fees and, in the case of a local professional baseball park district created under subch. III of ch. 229 includes tax revenues deposited into a special fund under s. 229.685 and payments made into a special debt service reserve fund under s. 229.74, in the case of the Milwaukee County mental health district created under s. 51.407 includes tax revenues deposited into a special fund under s. 51.413, and, in the case of a local professional football stadium district created under subch. IV of ch. 229 includes tax revenues deposited into a special fund under s. 229.825 and payments made into a special debt service reserve fund under s. 229.830.

SB565-ASA1,75 Section 75. Nonstatutory provisions.

SB565-ASA1,45,20 (1) Staggered terms. Notwithstanding section 51.408 (2) of the statutes, as created by this act, the initial term of one individual elected under section 51.408 (1) (a) of the statutes, as created by this act, one individual elected under section 51.408 (1) (b) of the statutes, as created by this act, and one individual elected under section 51.408 (1) (c) of the statutes, as created by this act, is 2 years and the initial term of one individual elected under section 51.408 (1) (a) of the statutes, as created by this act, one individual elected under section 51.408 (1) (c) of the statutes, as created by this act, and the individual elected under section 51.408 (1) (d) of the statutes, as created by this act, is 3 years.

SB565-ASA1,46,2 (2) Jurisdiction of the Milwaukee County mental health district board. The mental health functions, programs, and services over which the Milwaukee County mental health district board has jurisdiction are those functions, programs, and services that Milwaukee County included in its 2014 budget under the behavioral health division unit 6300 and under the behavioral health community services branch of unit 8700.

SB565-ASA1,46,3 (3) Audit and report by department of health services.

SB565-ASA1,46,20 (a) The department of health services shall perform or arrange for an operational and programmatic audit of the behavioral health division of the Milwaukee County department of health and human services, the psychiatric hospital of the Milwaukee County mental health complex, and the related behavioral health programs. The audit shall include recommendations for the state assuming oversight responsibility for emergency detention services and the psychiatric hospital of the Milwaukee County Mental Health Complex, developing a plan for closing the Milwaukee County Mental Health Complex, and developing a plan for state oversight of a regional facility for the delivery of institutional, inpatient, crisis services, and behavioral health services using similar state-operated regional facilities as a model. In addition, the audit shall provide details and specifications on how, after the transitioning of the county-run institutional model to a state-based regionalized model, the state-based Milwaukee County mental health board will transition to a county-based board, the positions on the Milwaukee County mental health board will transition to a community-based focus, the funding for inpatient services and community-based services will continue, and mental health services will be delivered in a manner that reflects all of the following principles:

SB565-ASA1,46,22 1. Community-based, person-centered, recovery-oriented mental health systems.

SB565-ASA1,46,23 2. Maximizing comprehensive community-based services.

SB565-ASA1,46,25 3. Prioritizing access to community-based services and reducing reliance on institutional and inpatient care.

SB565-ASA1,47,3 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-ASA1,47,5 5. Providing early intervention to minimize the length and depth of psychotic and other mental health episodes.

SB565-ASA1,47,7 6. Diverting people experiencing mental illness from the corrections system when appropriate.

SB565-ASA1,47,8 7. Maximizing use of mobile crisis units and crisis intervention training.

SB565-ASA1,47,17 (b) The department of health services may enter into a contract for the performance of the audit. By December 1, 2014, the department of health services or the person with whom the department of health services has entered into a contract for the audit under paragraph (a ) shall submit a report of the findings of the audit under paragraph (a), including recommendations for inpatient mental health treatment in Milwaukee County, to the secretary of health services. The secretary of health services shall submit a copy of the report to the Milwaukee County mental health district board, the Milwaukee County board of supervisors, the Milwaukee County executive, and the legislature under section 13.172 (2) of the statutes.

SB565-ASA1,47,23 (c) The Milwaukee County mental health disrict board, the behavioral health division and the community services branch of the Milwaukee County department of health and human services, and any other Milwaukee County governmental unit that has information necessary for the performance of the audit under paragraph (a) shall cooperate with the department of health services or the contractor of the department of health services for the performance of the audit.

SB565-ASA1,76 Section 76. Effective dates. This act takes effect on the day after publication, except as follows:

SB565-ASA1,48,2 (1) The repeal and recreation of section 25.50 (1) (d) of the statutes takes effect on January 1, 2015.

SB565-ASA1,48,3 (End)