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 1An Act to renumber and amend 5.02 (21); to amend 5.60 (1) (b), 7.10 (1) (a),
27.70 (3) (d), 11.26 (1) (d) (intro.), 11.26 (2) (e) (intro.), 13.94 (4) (a) 1., 16.70 (14),
319.42 (7w) (a), 25.50 (1) (d), 46.031 (2), 46.031 (2g) (a), 46.031 (2g) (b), 46.031
4(2r) (b), 46.031 (3) (a), 46.031 (3) (b), 46.031 (3) (c), 46.034 (3), 46.175, 46.18 (1),
546.18 (3), 46.18 (4), 46.18 (11), 46.18 (12), 46.18 (13), 46.18 (14), 46.18 (15), 46.19
6(4), 46.21 (2) (a), (j), (k), (m) and (q), (2m) (a) and (b) 1. (intro.), (3), (3g), (3r), (4),
7(4m) (a) and (b) and (6), 46.40 (1) (a), 46.56 (1) (a), 46.56 (2) (a), 46.56 (2) (b),
846.56 (3) (b) 11., 46.56 (4) (d), 46.56 (15) (b) (intro.), 51.08, 51.20 (18) (a), 51.42
9(1) (b), 51.42 (3) (a), 51.42 (3) (ar) 8., 51.42 (3) (ar) 14., 51.42 (3) (b), 51.42 (4) (a)
102. (intro.), 51.42 (6m) (intro.), 51.42 (6m) (c), 51.42 (6m) (i), 51.42 (6m) (m) 3.,
1151.423 (11), 51.44 (4), 51.61 (1) (e), 51.61 (1) (f), 55.001, 59.53 (7), 66.0301 (1) (a),
1266.0621 (1) (a) and 66.0621 (1) (c); to repeal and recreate 25.50 (1) (d); and
13to create 5.02 (21) (a) to (d), 5.58 (2n), 5.60 (4n), 8.10 (3) (hn), 11.26 (1) (e), 11.26

1(2) (f), 13.94 (1) (mg), 46.011 (1s), 51.406, 51.407, 51.408, 51.409, 51.41, 51.412,
251.413 and 59.53 (25) of the statutes; relating to: Milwaukee County mental
3health 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 4Section 1. 5.02 (21) of the statutes is renumbered 5.02 (21) (intro.) and
5amended to read:
SB565-ASA1,2,106 5.02 (21) (intro.) "Spring election" means the election held on the first Tuesday
7in April to elect judicial, educational and municipal officers, nonpartisan county
8officers and sewerage commissioners
all of the following and to express preferences
9for the person to be the presidential candidate for each party in a year in which
10electors for president and vice president are to be elected.:
SB565-ASA1,2 11Section 2. 5.02 (21) (a) to (d) of the statutes is created to read:
SB565-ASA1,2,1212 5.02 (21) (a) Judicial, educational, and municipal officers.
SB565-ASA1,2,1313 (b) Nonpartisan county officers.
SB565-ASA1,2,1414 (c) Sewerage commissioners.
SB565-ASA1,2,1515 (d) Milwaukee County mental health district board members.
SB565-ASA1,3 16Section 3. 5.58 (2n) of the statutes is created to read:
SB565-ASA1,2,2117 5.58 (2n) Mental health district. Except as authorized in s. 5.655, there shall
18be a separate ballot for Milwaukee County mental health district board members,
19with candidates for different seats listed in separate columns or rows if more than
20one seat is contested at any election. The government accountability board shall
21determine the arrangement of the names on the ballot.
SB565-ASA1,4 22Section 4. 5.60 (1) (b) of the statutes is amended to read:
SB565-ASA1,3,11
15.60 (1) (b) The board shall certify the candidates' names and designate the
2official ballot arrangement for candidates for state superintendent, justice, court of
3appeals judge, circuit judge, Milwaukee County mental health district board
4member,
and, if commissioners are elected under s. 200.09 (11) (am), the
5metropolitan sewerage commission. The arrangement of names of all candidates on
6the ballot whose nomination papers are filed with the board shall be determined by
7the board by the drawing of lots not later than the 2nd Tuesday in January, or the
8next day if the first Tuesday is a holiday. Whenever a primary is held for an office,
9a 2nd drawing of all candidates for that office shall be held by or under the
10supervision of the board not later than the 3rd day following the completion of the
11primary canvass to determine the arrangement of candidates on the election ballot.
SB565-ASA1,5 12Section 5. 5.60 (4n) of the statutes is created to read:
SB565-ASA1,3,1613 5.60 (4n) Mental health district. Except as authorized in s. 5.655, a separate
14ballot shall list the names of all candidates for Milwaukee County mental health
15district board member seats. The names for the different seats shall be placed in
16separate columns or rows if more than one seat is contested at any election.
SB565-ASA1,6 17Section 6. 7.10 (1) (a) of the statutes is amended to read:
SB565-ASA1,3,2418 7.10 (1) (a) Each county clerk shall provide ballots for every election in the
19county for all national, state and county offices, including metropolitan sewerage
20commission elections under s. 200.09 (11) (am) and Milwaukee County mental health
21district board elections under s. 51.408
, for municipal judges elected under s. 755.01
22(4), and for state and county referenda. The official and sample ballots shall be
23prepared in substantially the same form as those prescribed by the board under s.
247.08 (1) (a).
SB565-ASA1,7 25Section 7. 7.70 (3) (d) of the statutes is amended to read:
SB565-ASA1,4,12
17.70 (3) (d) When the certified statements and returns are received, the
2chairperson of the board or the chairperson's designee shall proceed to examine and
3make a statement of the total number of votes cast at any election for the offices
4involved in the election for president and vice president; a statement for each of the
5offices of governor, lieutenant governor, if a primary, and a joint statement for the
6offices of governor and lieutenant governor, if a general election; a statement for each
7of the offices of secretary of state, state treasurer, attorney general, and state
8superintendent; for U.S. senator; representative in congress for each congressional
9district; the state legislature; justice; court of appeals judge; circuit judge; district
10attorney; metropolitan sewerage commission, if the commissioners are elected under
11s. 200.09 (11) (am); Milwaukee County mental health district board; and for any
12referenda questions submitted by the legislature.
SB565-ASA1,8 13Section 8. 8.10 (3) (hn) of the statutes is created to read:
SB565-ASA1,4,1514 8.10 (3) (hn) For Milwaukee County mental health district board members, not
15less than 400 nor more than 800 electors.
SB565-ASA1,9 16Section 9. 11.26 (1) (d) (intro.) of the statutes is amended to read:
SB565-ASA1,4,1817 11.26 (1) (d) (intro.) Candidates Except as provided in par. (e), candidates for
18local offices, an amount equal to the greater of the following:
SB565-ASA1,10 19Section 10. 11.26 (1) (e) of the statutes is created to read:
SB565-ASA1,4,2120 11.26 (1) (e) Candidates for Milwaukee County mental health district board
21member, $1,000.
SB565-ASA1,11 22Section 11. 11.26 (2) (e) (intro.) of the statutes is amended to read:
SB565-ASA1,4,2423 11.26 (2) (e) (intro.) Candidates Except as provided in par. (f), candidates for
24local offices, an amount equal to the greater of the following:
SB565-ASA1,12 25Section 12. 11.26 (2) (f) of the statutes is created to read:
SB565-ASA1,5,2
111.26 (2) (f) Candidates for Milwaukee County mental health district board
2member, $1,000.
SB565-ASA1,13 3Section 13. 13.94 (1) (mg) of the statutes is created to read:
SB565-ASA1,5,154 13.94 (1) (mg) No later than January 1, 2017, and biennially thereafter,
5perform a financial and performance evaluation audit of the Milwaukee County
6mental health district board and of mental health functions, programs, and services
7in Milwaukee County including a review of the effectiveness of the Milwaukee
8County mental health district board and new policies implemented under that board
9in providing mental health services, a review of the expenditures of the Milwaukee
10County mental health district board, a review of Milwaukee County's expenditures
11for mental health functions, programs, and services and the outcomes of those
12programs and services in the period after the formation of the Milwaukee County
13mental health district board. The legislative audit bureau shall file a copy of the
14audit report under this paragraph with the distributees specified in par. (b) and the
15Milwaukee County executive and the Milwaukee County board of supervisors.
SB565-ASA1,14 16Section 14. 13.94 (4) (a) 1. of the statutes is amended to read:
SB565-ASA1,6,817 13.94 (4) (a) 1. Every state department, board, examining board, affiliated
18credentialing board, commission, independent agency, council or office in the
19executive branch of state government; all bodies created by the legislature in the
20legislative or judicial branch of state government; any public body corporate and
21politic created by the legislature including specifically the Fox River Navigational
22System Authority, the Lower Fox River Remediation Authority, the Wisconsin
23Aerospace Authority, and the Wisconsin Economic Development Corporation, the
24Milwaukee County mental health district,
a professional baseball park district, a
25local professional football stadium district, a local cultural arts district and a

1long-term care district under s. 46.2895; every Wisconsin works agency under subch.
2III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical
3college district boards; every county department under s. 51.42 or 51.437; every
4nonprofit corporation or cooperative or unincorporated cooperative association to
5which moneys are specifically appropriated by state law; and every corporation,
6institution, association or other organization which receives more than 50% of its
7annual budget from appropriations made by state law, including subgrantee or
8subcontractor recipients of such funds.
SB565-ASA1,15 9Section 15. 16.70 (14) of the statutes is amended to read:
SB565-ASA1,6,1110 16.70 (14) "State" does not include a district created under subch. II, III, IV, or
11V of ch. 229 or the Milwaukee County mental health district created under s. 51.407.
SB565-ASA1,16 12Section 16. 19.42 (7w) (a) of the statutes is amended to read:
SB565-ASA1,6,1413 19.42 (7w) (a) An elective office of a local governmental unit, including an
14elected office of the Milwaukee County mental health district
.
SB565-ASA1,17 15Section 17. 25.50 (1) (d) of the statutes is amended to read:
SB565-ASA1,7,216 25.50 (1) (d) "Local government" means any county, town, village, city, power
17district, sewerage district, drainage district, town sanitary district, public inland
18lake protection and rehabilitation district, local professional baseball park district
19created under subch. III of ch. 229, long-term care district under s. 46.2895, local
20professional football stadium district created under subch. IV of ch. 229, local
21cultural arts district created under subch. V of ch. 229, Milwaukee County mental
22health district created under s. 51.407,
public library system, school district or
23technical college district in this state, any commission, committee, board or officer
24of any governmental subdivision of this state, any court of this state, other than the

1court of appeals or the supreme court, or any authority created under s. 114.61,
2149.41, 231.02, 233.02 or 234.02.
SB565-ASA1,18 3Section 18. 25.50 (1) (d) of the statutes, as affected by 2013 Wisconsin Acts 20
4and .... (this act), is repealed and recreated to read:
SB565-ASA1,7,155 25.50 (1) (d) "Local government" means any county, town, village, city, power
6district, sewerage district, drainage district, town sanitary district, public inland
7lake protection and rehabilitation district, local professional baseball park district
8created under subch. III of ch. 229, long-term care district under s. 46.2895, local
9professional football stadium district created under subch. IV of ch. 229, local
10cultural arts district created under subch. V of ch. 229, Milwaukee County mental
11health district created under s. 51.407, public library system, school district or
12technical college district in this state, any commission, committee, board or officer
13of any governmental subdivision of this state, any court of this state, other than the
14court of appeals or the supreme court, or any authority created under s. 114.61,
15231.02, 233.02, or 234.02.
SB565-ASA1,19 16Section 19. 46.011 (1s) of the statutes is created to read:
SB565-ASA1,7,1817 46.011 (1s) "Milwaukee County mental health district board" means the
18Milwaukee County mental health district board created under s. 51.407.
SB565-ASA1,20 19Section 20. 46.031 (2) of the statutes is amended to read:
SB565-ASA1,7,2420 46.031 (2) Assessment of needs. Before developing and submitting a proposed
21budget to the county executive or county administrator or the county board or the
22Milwaukee County mental health district board
, the county departments listed in
23sub. (1) shall assess needs and inventory resources and services, using an open public
24participation process.
SB565-ASA1,21 25Section 21. 46.031 (2g) (a) of the statutes is amended to read:
SB565-ASA1,8,18
146.031 (2g) (a) The department shall annually submit to the county board of
2supervisors in a county with a single-county department, the Milwaukee County
3mental health district board in Milwaukee County for matters related to mental
4health,
or the county boards of supervisors in counties with a multicounty
5department a proposed written contract containing the allocation of funds and such
6administrative requirements as necessary. The contract as approved may contain
7conditions of participation consistent with federal and state law. The contract may
8also include provisions necessary to ensure uniform cost accounting of services. Any
9changes to the proposed contract shall be mutually agreed upon. The county board
10of supervisors in a county with a single-county department, the Milwaukee County
11mental health district board in Milwaukee County for matters related to mental
12health,
or the county boards of supervisors in counties with a multicounty
13department shall approve the contract before January 1 of the year in which it takes
14effect unless the department grants an extension. The county board of supervisors
15in a county with a single-county department, the Milwaukee County mental health
16district board in Milwaukee County,
or the county boards of supervisors in counties
17with a multicounty department may designate an agent to approve addenda to any
18contract after the contract has been approved.
SB565-ASA1,22 19Section 22. 46.031 (2g) (b) of the statutes is amended to read:
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