LRB-4866/1
TJD:emw
2017 - 2018 LEGISLATURE
February 9, 2018 - Introduced by Representative Sanfelippo, cosponsored by
Senator Darling. Referred to Committee on Mental Health.
AB939,1,5 1An Act to repeal 51.41 (9) (c) 2.; to renumber and amend 51.41 (9) (c) 1.; to
2amend
46.18 (1); and to create 51.41 (1d) (em) of the statutes; relating to:
3trustees of Milwaukee County mental health facilities, Milwaukee County
4Mental Health Board vacancies, and the administrator of the behavioral health
5division.
Analysis by the Legislative Reference Bureau
This bill removes the specifications on the Milwaukee County Mental Health
Board's appointment of trustees to manage county homes, infirmaries, hospitals, or
institutions providing mental health treatment in Milwaukee County, creates a
deadline for suggesting individuals to fill Milwaukee County Mental Health Board
vacancies, and changes who may remove the administrator of the behavioral health
division of the Milwaukee County Department of Health and Human Services. The
Milwaukee County Mental Health Board is established by Milwaukee County as
specified by law and oversees the provision of mental health programs and services
in Milwaukee County in place of the Milwaukee County board of supervisors.
Current law requires the Milwaukee County Mental Health Board to elect a board
of trustees to manage county homes, infirmaries, hospitals, or institutions providing
mental health treatment. Current law requires the Milwaukee County Mental
Health Board to appoint at its annual meeting an odd number of trustees, from three
to nine, for staggered three-year terms and specifies how the board must fill
vacancies. The bill eliminates the specific requirements for appointment of trustees

and specifies that every county home, infirmary, hospital, or similar institution that
provides mental health treatment in Milwaukee County must be managed as
specified by the Milwaukee County Mental Health Board.
Under current law, a vacancy in a county office that is an appointed position is
filled by the appointing power. Five of the 11 voting members of the Milwaukee
County Mental Health Board are appointed by the Milwaukee County executive
from individuals suggested by the Milwaukee County board of supervisors. The bill
specifies that the board of supervisors must submit its suggestions to fill a vacancy
in one of those positions to the county executive within 60 days after the vacancy
occurs. If the board of supervisors does not submit its suggestions to fill the vacancy
within 60 days, the county executive may fill the vacancy by appointing an individual
who meets the criteria for that board member position without the board of
supervisors's suggestion.
Currently, the administrator of the behavioral health division of the Milwaukee
County Department of Health and Human Services may be removed by vote of the
Milwaukee County Mental Health Board. If the county executive has suggested
removal, the administrator may be removed on a vote of six members of the mental
health board, otherwise the administrator may be removed on a vote of eight
members of the board. Under the bill, the administrator may be removed 1) by a vote
of eight members of the mental health board, 2) by the county executive, or 3) by the
director of the Milwaukee County Department of Health and Human Services.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB939,1 1Section 1. 46.18 (1) of the statutes is amended to read:
AB939,3,92 46.18 (1) Trustees. Every county home, infirmary, hospital, or similar
3institution, shall, subject to regulations approved by the county board except in
4Milwaukee County for county homes, infirmaries, hospitals, or institutions
5providing mental health treatment, be managed by a board of trustees, electors of the
6county, chosen by ballot by the county board. In Milwaukee County, every county
7home, infirmary, hospital, or similar institution that provides mental health
8treatment shall, subject to standards and procedures adopted by the Milwaukee
9County mental health board,
be managed by a board of trustees, electors of the
10county, chosen by ballot
as specified by the Milwaukee County mental health board.
11At its annual meeting, the county board or the Milwaukee County mental health

1board, if applicable,
shall appoint an uneven number of trustees, from 3 to 9 at the
2option of the board, for staggered 3-year terms ending the first Monday in January.
3Any vacancy shall be filled for the unexpired term by the county board or the
4Milwaukee County mental health board, as applicable;
, but the chairperson of the
5county board may appoint a trustee to fill the vacancy until the county board acts
6except for boards of trustees appointed by the Milwaukee County mental health
7board for which the chairperson of the Milwaukee County mental health board may
8appoint a trustee to fill the vacancy until the entire Milwaukee County mental health
9board acts
.
AB939,2 10Section 2. 51.41 (1d) (em) of the statutes is created to read:
AB939,3,1911 51.41 (1d) (em) If a vacancy occurs in a board member position described under
12par. (b) 1., 2., 3., 4., or 8., the Milwaukee County board of supervisors shall submit
13to the Milwaukee County executive suggested individuals to fill the vacancy in that
14position within 60 days after the vacancy occurs. If the Milwaukee County board of
15supervisors does not submit suggested individuals to fill a vacancy under par. (b) 1.,
162., 3., 4., or 8. within 60 days, the Milwaukee County executive may appoint an
17individual meeting the criteria in accordance with the applicable board member
18position description under par. (b) 1., 2., 3., 4., or 8. to fill the vacancy without
19suggestion by the Milwaukee County board of supervisors.
AB939,3 20Section 3. 51.41 (9) (c) 1. of the statutes is renumbered 51.41 (9) (c) and
21amended to read:
AB939,3,2522 51.41 (9) (c) The administrator under this subsection may be removed by the
23Milwaukee County mental health board by a vote of 8 members of that board, the
24director of a county department under s. 46.21 in Milwaukee County, or the county
25executive of Milwaukee County
.
AB939,4
1Section 4. 51.41 (9) (c) 2. of the statutes is repealed.
AB939,4,22 (End)
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