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: