AB718-ASA1,30,53 b. An amount equal to the total amount of the mental health budget proposed
4under subd. 1., less the community aids amount proposed under subd. 1 and the tax
5levy amount proposed under subd. 1.
AB718-ASA1,30,166 5. If the Milwaukee County mental health board transfers to itself jurisdiction
7of a function, service, or program under sub. (5) (b) that it did not have jurisdiction
8over on the effective date of this subdivision .... [LRB inserts date], the tax levy
9amount proposed under subd. 2. is increased by an amount equal to the amount
10derived from revenue from the tax levy that was expended by Milwaukee County for
11the transferred function, service, or program in the fiscal year before the fiscal year
12in which the function, program, or service is transferred. The $65,000,000 limit
13imposed under subds. 1. and 2. upon the tax levy amount may be exceeded by the
14amount of the increase under this subdivision in any fiscal year in which the
15Milwaukee County mental health board has jurisdiction over the transferred
16function, service or program.
AB718-ASA1,30,2017 6. If a majority of the Milwaukee County mental health board and a majority
18of the Milwaukee County board of supervisors approves and the Milwaukee County
19executive agrees the tax levy amount may be less than $53,000,000 or more than
20$65,000,000 for a fiscal year.
AB718-ASA1,31,221 (c) Except as allowed under pars. (b) 2., 3., 4., 5., and 6. and (d), the Milwaukee
22County board of supervisors may not in a fiscal year provide funding, and the
23Milwaukee County executive may not in a fiscal year approve funding, for mental
24health functions, services, and programs that is less than or more than the total

1amount of the mental health budget proposed under par. (b) 1. for that fiscal year for
2those mental health functions, services, and programs.
AB718-ASA1,31,103 (d) The treasurer in Milwaukee County shall hold any moneys that at the end
4of a fiscal year have not been expended or encumbered from the amount budgeted
5for mental health functions, programs, and services in a mental health reserve fund.
6Moneys in the reserve fund may be used at any time to cover deficits in the
7Milwaukee County mental health budget. If the amount in the reserve fund exceeds
8$10,000,000, the amount exceeding $10,000,000 may be used at any time for any
9mental health function, program, or service in Milwaukee County. Moneys in the
10reserve fund may be used only for the purposes described in this paragraph.
AB718-ASA1,31,19 11(5) Jurisdiction of Milwaukee County board. (a) The Milwaukee County
12board of supervisors has no jurisdiction over any mental health policy, functions,
13programs, or services. The Milwaukee County board of supervisors may not create
14new mental health functions, programs, or services that are under the jurisdiction
15of the board of supervisors. Any dispute between the Milwaukee County board of
16supervisors and the Milwaukee County mental health board over whether a
17function, program, or service is a mental health function, program, or service under
18the jurisdiction of the Milwaukee County mental health board shall be resolved by
19the secretary of health services.
AB718-ASA1,31,2520 (b) The Milwaukee County mental health board may transfer jurisdiction over
21a Milwaukee County function, service, or program to itself that pertains to mental
22health or is highly integrated with mental health services and that is not under its
23jurisdiction by statute or by agreement with the Milwaukee County board of
24supervisors, by an affirmative vote of 8 of the voting Milwaukee County mental
25health board members if the secretary of health services approves the transfer.
AB718-ASA1,32,5
1(6) Payment of board expenditures. (a) The Milwaukee County board of
2supervisors and the department shall enter an agreement for the payment of
3expenses of the Milwaukee County mental health board and for the performance of
4the audit and the completion of the report under 2013 Wisconsin Act .... (this act),
5section 53 (4).
AB718-ASA1,32,96 (b) The Milwaukee County board of supervisors shall arrange for the payment
7of expenses from the mental health budget, as defined in sub. (4) (a) 2., according to
8the agreement under par. (a). All payments shall be credited to the appropriation
9account under s. 20.435 (5) (kf).
AB718-ASA1,32,13 10(7) County department requirements. (a) A county department under s. 46.21
11or 51.42 in Milwaukee County may not impede the Milwaukee County mental health
12board in performing its duties under this section or exercising its powers under this
13section.
AB718-ASA1,32,1614 (b) A county department under s. 46.21 or 51.42 in Milwaukee County shall
15respond to any requests for information from the Milwaukee County mental health
16board.
AB718-ASA1,32,24 17(8) Reports; studies. (a) By March 1, 2015, and annually by March 1
18thereafter, the Milwaukee County mental health board shall submit to the
19Milwaukee County executive, the Milwaukee County board of supervisors, and the
20department a report including a description of the funding allocations for Milwaukee
21County's mental health functions, services, and programs and a description of any
22improvements and efficiencies in those mental health functions, programs, and
23services. The department shall provide access to the report under this subsection to
24the public including posting the report on the department's Internet site.
AB718-ASA1,33,8
1(b) The Milwaukee County mental health board shall arrange for a study to be
2conducted on alternate funding sources for mental health services and programs
3including fee-for-service models, managed care models that integrate mental
4health services into the contracts with an increased offset through basic county
5allocation reduction, and other funding models. By March 1, 2016, the Milwaukee
6County mental health board shall submit to the Milwaukee County board of
7supervisors, the Milwaukee County executive, and the department a report of the
8results of the study.
AB718-ASA1,33,18 9(9) Administrator. (a) The Milwaukee County executive shall nominate an
10individual to be the administrator of any division or branch of the department under
11s. 46.21 that administers behavioral health for Milwaukee County. The nominated
12individual may be hired as the administrator only upon approval of the Milwaukee
13County mental health board. If the county executive does not nominate an
14individual by June 1, 2015, the Milwaukee County mental health board may hire an
15individual to be the administrator. Upon a vacancy in the position of administrator,
16if the county executive does not nominate an individual within 12 months of the date
17the position becomes vacant, the Milwaukee County mental health board may hire
18an individual to be the administrator.
AB718-ASA1,33,2219 (b) The Milwaukee County executive shall determine the salary and benefits
20and the job duties of the administrator. The county executive may not assign the
21administrator any duties that are not related to mental health functions, programs,
22and services in Milwaukee County.
AB718-ASA1,33,2423 (c) 1. The administrator under this subsection may be removed by the
24Milwaukee County mental health board by a vote of 8 members of that board.
AB718-ASA1,34,5
12. The Milwaukee County executive may recommend removal of the
2administrator under this subsection to the Milwaukee County mental health board.
3If the county executive recommends removal under this subdivision, the Milwaukee
4County mental health board may remove the administrator upon a vote of 6 members
5of that board.
AB718-ASA1,34,86 (d) The Milwaukee County board of supervisors may not hire, remove, or
7discipline; set the salary or benefits of, or assign or remove any job duties of the
8administrator under this subsection.
AB718-ASA1,34,13 9(10) Mental health contracts. Any contract related to mental health with a
10value of at least $100,000, to which Milwaukee County is a party may take effect only
11if the Milwaukee County mental health board votes to approve, or does not vote to
12reject, the contract within 28 days after the contract is signed or countersigned by
13the county executive.
AB718-ASA1,34,21 14(11) Transition liaison position. (a) The Milwaukee County executive shall
15nominate an individual who has knowledge of the services provided by and the
16mental health systems of Milwaukee County to be a transition liaison to assist the
17Milwaukee County mental health board in the transition of oversight functions. The
18transition liaison shall be assigned or hired to that position only upon approval of the
19Milwaukee County mental health board. The transition liaison shall be assigned to
20or employed in that position for no longer than 12 months, except that the county
21executive may grant extensions to the term of that position.
AB718-ASA1,34,2322 (b) 1. The Milwaukee County executive shall determine the salary and benefits
23and the job duties of the transition liaison assigned or hired under par. (a).
AB718-ASA1,35,524 2. The Milwaukee County executive may remove the transition liaison
25assigned or hired under par. (a). If the Milwaukee County executive removes the

1transition liaison assigned or hired under par. (a) before the 12 months following the
2date of the assignment or hiring of the initial transition liaison have expired, the
3Milwaukee County executive shall nominate another transition liaison to serve for
4at least the remainder of the 12 months following the date of the assignment or hiring
5of the initial transition liaison.
AB718-ASA1,35,86 (c) The Milwaukee County board of supervisors may not hire, remove, or
7discipline; set the salary or benefits of; or assign or remove any job duties of the
8transition liaison assigned or hired under this subsection.
AB718-ASA1,36 9Section 36. 51.42 (1) (b) of the statutes is amended to read:
AB718-ASA1,36,1610 51.42 (1) (b) County liability. The county board of supervisors except in
11Milwaukee County,
has the primary responsibility for the well-being, treatment and
12care of the mentally ill, developmentally disabled, alcoholic and other drug
13dependent citizens residing within its county and for ensuring that those individuals
14in need of such emergency services found within its county receive immediate
15emergency services. In Milwaukee County, the Milwaukee County mental health
16board has the primary responsibility for the well-being, treatment and care of the
17mentally ill, alcoholic, and other drug dependent citizens residing within Milwaukee
18County and for ensuring that those individuals in need of such emergency services
19found within Milwaukee County receive immediate emergency services. The county
20board of supervisors of Milwaukee County has the primary responsibility for the
21well-being, treatment, and care of the developmentally disabled citizens residing
22within Milwaukee County, except where the responsibility is delegated explicitly
23under this section to the Milwaukee County mental health board, and for ensuring
24that developmentally disabled individuals in need of such emergency services found
25within Milwaukee County receive immediate emergency services.
This primary

1responsibility is limited to the programs, services and resources that the county
2board of supervisors, or, as applicable, the Milwaukee County mental health board,
3is reasonably able to provide within the limits of available state and federal funds
4and of county funds required to be appropriated to match state funds. County
5liability for care and services purchased through or provided by a county department
6of community programs established under this section shall be based upon the
7client's county of residence except for emergency services for which liability shall be
8placed with the county in which the individual is found. For the purpose of
9establishing county liability, "emergency services" includes those services provided
10under the authority of s. 55.05 (4), 2003 stats., or s. 55.06 (11) (a), 2003 stats., or s.
1151.15, 51.45 (11) (a) or (b) or (12), 55.13, or 55.135 for not more than 72 hours.
12Nothing in this paragraph prevents recovery of liability under s. 46.10 or any other
13statute creating liability upon the individual receiving a service or any other
14designated responsible party, or prevents reimbursement by the department of
15health services for the actual cost of all care and services from the appropriation
16under s. 20.435 (7) (da), as provided in s. 51.22 (3).
AB718-ASA1,37 17Section 37. 51.42 (3) (a) of the statutes is amended to read:
AB718-ASA1,37,218 51.42 (3) (a) Creation. Except as provided under s. 46.23 (3) (b), the county
19board of supervisors of any county except Milwaukee County, the Milwaukee County
20mental health board
, or the county boards of supervisors of 2 or more counties, shall
21establish a county department of community programs on a single-county or
22multicounty basis to administer a community mental health, developmental
23disabilities, alcoholism and drug abuse program, make appropriations to operate the
24program and authorize the county department of community programs to apply for
25grants-in-aid under s. 51.423. The county department of community programs shall

1consist of a county community programs board, a county community programs
2director and necessary personnel.
AB718-ASA1,38 3Section 38. 51.42 (3) (ar) 8. of the statutes is amended to read:
AB718-ASA1,37,134 51.42 (3) (ar) 8. By September 30, submit for inclusion as part of the proposed
5county budget to the Milwaukee County mental health board in Milwaukee County,
6to the county executive or county administrator, or, in those counties without a
7county executive or county administrator, directly to the county board of supervisors
8in a county with a single-county department of community programs or the county
9boards of supervisors in counties with a multicounty department of community
10programs a proposed budget for the succeeding calendar year covering services,
11including active treatment community mental health center services, based on the
12plan required under subd. 5. The final budget shall be submitted to the department
13of health services.
AB718-ASA1,39 14Section 39. 51.42 (3) (ar) 14. of the statutes is amended to read:
AB718-ASA1,37,1815 51.42 (3) (ar) 14. If the county board of supervisors or, as applicable, the
16Milwaukee County mental health board
establishes an initiative to provide
17coordinated services under s. 59.53 (7), participate in and may administer the
18initiative, including entering into any written interagency agreements or contracts.
AB718-ASA1,40 19Section 40. 51.42 (3) (b) of the statutes is amended to read:
AB718-ASA1,38,220 51.42 (3) (b) Other powers and duties. The county board of supervisors of any
21county with a single-county department of community programs, the Milwaukee
22County mental health board,
and the county boards of supervisors of counties with
23a multicounty department of community programs may designate the county
24department of community programs as the administrator of any other county health

1care program or institution, but the operation of such program or institution is not
2reimbursable under s. 51.423.
AB718-ASA1,41 3Section 41. 51.42 (4) (a) 2. (intro.) of the statutes is amended to read:
AB718-ASA1,38,124 51.42 (4) (a) 2. (intro.) In any county with a county executive or county
5administrator and which has established a single-county department of community
6programs, the county executive or county administrator shall appoint, subject to
7confirmation by the Milwaukee County mental health board in Milwaukee County
8or the
county board of supervisors, the county community programs board, which
9shall be only a policy-making body determining the broad outlines and principles
10governing the administration of programs under this section. A member of a county
11community programs board appointed under this subdivision may be removed by the
12county executive or county administrator under the following circumstances:
AB718-ASA1,42 13Section 42. 51.42 (6m) (intro.) of the statutes is amended to read:
AB718-ASA1,39,914 51.42 (6m) County community programs director in certain counties with a
15county executive or county administrator.
(intro.) In any county with a county
16executive or county administrator in which the county board of supervisors or the
17Milwaukee County mental health board
has established a single-county department
18of community programs, the county executive or county administrator shall appoint
19and supervise the county community programs director. In any county with a
20population of 500,000 750,000 or more, the county executive or county administrator
21shall appoint the director of the county department of human services under s. 46.21
22as the county community programs director. The appointment of a county
23community programs director under this subsection shall be on the basis of
24recognized and demonstrated interest in and knowledge of the problems of mental
25health, intellectual disability, alcoholism and drug addiction, with due regard to

1training, experience, executive and administrative ability, and general qualification
2and fitness for the performance of the duties of the director. The appointment of a
3county community programs director under this subsection is subject to
4confirmation by the county board of supervisors, except in Milwaukee County, unless
5the county board of supervisors, by ordinance, elects to waive confirmation or unless
6the appointment is made under a civil service system competitive examination
7procedure established under s. 59.52 (8) or ch. 63. The county community programs
8director, subject only to the supervision of the county executive or county
9administrator, shall:
AB718-ASA1,43 10Section 43. 51.42 (6m) (c) of the statutes is amended to read:
AB718-ASA1,39,1811 51.42 (6m) (c) Determine, subject to the approval of the county board of
12supervisors or the Milwaukee County mental health board, as applicable, and with
13the advice of the county community programs board, whether services are to be
14provided directly by the county department of community programs or contracted for
15with other providers and make such contracts. The county board of supervisors,
16except in Milwaukee County, or the Milwaukee County mental health board in
17Milwaukee County
may elect to require the approval of any such contract by the
18county board of supervisors or the Milwaukee County mental health board.
AB718-ASA1,44 19Section 44. 51.42 (6m) (i) of the statutes is amended to read:
AB718-ASA1,39,2520 51.42 (6m) (i) Establish salaries and personnel policies of the programs of the
21county department of community programs subject to approval of the county
22executive or county administrator and county board of supervisors, except in
23Milwaukee County, or the Milwaukee County mental health board in Milwaukee
24County
unless the county board of supervisors or the Milwaukee County mental
25health board
elects not to review the salaries and personnel policies.
AB718-ASA1,45
1Section 45. 51.42 (6m) (m) 3. of the statutes is amended to read:
AB718-ASA1,40,42 51.42 (6m) (m) 3. Such other reports as are required by the secretary and the
3county board of supervisors or, as applicable, the Milwaukee County mental health
4board
.
AB718-ASA1,46 5Section 46. 51.423 (11) of the statutes is amended to read:
AB718-ASA1,41,96 51.423 (11) Each county department under s. 51.42 or 51.437, or both, shall
7apply all funds it receives under subs. (1) to (7) to provide the services required under
8ss. 51.42, 51.437 and 51.45 (2) (g) to meet the needs for service quality and
9accessibility of the persons in its jurisdiction, except that the county department may
10pay for inpatient treatment only with funds designated by the department for
11inpatient treatment. The county department may expand programs and services
12with county funds not used to match state funds under this section subject to the
13approval of the county board of supervisors in a county with a single-county
14department, except in Milwaukee County, the Milwaukee County mental health
15board in Milwaukee County,
or the county boards of supervisors in counties with
16multicounty departments and with other local or private funds subject to the
17approval of the department and the county board of supervisors in a county with a
18single-county department under s. 51.42 or 51.437, the Milwaukee County mental
19health board with a department under s. 51.42,
or the county boards of supervisors
20in counties with a multicounty department under s. 51.42 or 51.437. The county
21board of supervisors in a county with a single-county department under s. 51.42 or
2251.437, the Milwaukee County mental health board with a department under s.
2351.42,
or the county boards of supervisors in counties with a multicounty department
24under s. 51.42 or 51.437 may delegate the authority to expand programs and services
25to the county department under s. 51.42 or 51.437. The county department under

1s. 51.42 or 51.437 shall report to the department all county funds allocated to the
2county department under s. 51.42 or 51.437 and the use of such funds. Moneys
3collected under s. 46.10 shall be applied to cover the costs of primary services,
4exceptional and specialized services or to reimburse supplemental appropriations
5funded by counties. County departments under ss. 51.42 and 51.437 shall include
6collections made on and after October 1, 1978, by the department that are subject to
7s. 46.10 (8m) (a) 3. and 4. and are distributed to county departments under ss. 51.42
8and 51.437 from the appropriation account under s. 20.435 (5) (gg), as revenues on
9their grant-in-aid expenditure reports to the department.
AB718-ASA1,47 10Section 47. 51.44 (4) of the statutes is amended to read:
AB718-ASA1,41,1511 51.44 (4) Each county board of supervisors, except in Milwaukee County, and
12the Milwaukee County mental health board in Milwaukee County
shall designate
13the appropriate county department under s. 46.21, 46.23 or 51.437, the local health
14department of the county or another entity as the local lead agency to provide early
15intervention services under the funding specified in sub. (3).
AB718-ASA1,48 16Section 48. 51.61 (1) (e) of the statutes is amended to read:
AB718-ASA1,41,2317 51.61 (1) (e) Except in the case of a patient who is admitted or transferred under
18s. 51.35 (3) or 51.37 or under ch. 971 or 975, have the right to the least restrictive
19conditions necessary to achieve the purposes of admission, commitment or protective
20placement, under programs, services and resources that the county board of
21supervisors or the Milwaukee County mental health board, as applicable, is
22reasonably able to provide within the limits of available state and federal funds and
23of county funds required to be appropriated to match state funds.
AB718-ASA1,49 24Section 49. 51.61 (1) (f) of the statutes is amended to read:
AB718-ASA1,42,6
151.61 (1) (f) Have a right to receive prompt and adequate treatment,
2rehabilitation and educational services appropriate for his or her condition, under
3programs, services and resources that the county board of supervisors or the
4Milwaukee County mental health board, as applicable,
is reasonably able to provide
5within the limits of available state and federal funds and of county funds required
6to be appropriated to match state funds.
AB718-ASA1,50 7Section 50. 55.001 of the statutes is amended to read:
AB718-ASA1,42,23 855.001 Declaration of policy. The legislature recognizes that many citizens
9of the state, because of serious and persistent mental illness, degenerative brain
10disorder, developmental disabilities, or other like incapacities, are in need of
11protective services or protective placement. Except as provided in s. 49.45 (30m) (a),
12the protective services or protective placement should, to the maximum degree of
13feasibility under programs, services and resources that the county board of
14supervisors or the Milwaukee County mental health board, as applicable, is
15reasonably able to provide within the limits of available state and federal funds and
16of county funds required to be appropriated to match state funds, allow the
17individual the same rights as other citizens, and at the same time protect the
18individual from financial exploitation, abuse, neglect, and self-neglect. This chapter
19is designed to establish those protective services and protective placements, to
20assure their availability to all individuals when in need of them, and to place the
21least possible restriction on personal liberty and exercise of constitutional rights
22consistent with due process and protection from abuse, financial exploitation,
23neglect, and self-neglect.
AB718-ASA1,51 24Section 51. 59.53 (7) of the statutes is amended to read:
AB718-ASA1,43,3
159.53 (7) Initiative to provide coordinated services. The Except in
2Milwaukee County, the
board may establish an initiative to provide coordinated
3services under s. 46.56.
AB718-ASA1,52 4Section 52. 59.53 (25) of the statutes is created to read:
AB718-ASA1,43,85 59.53 (25) Milwaukee County mental health. The Milwaukee County board
6has no jurisdiction and may not take any actions, including under ss. 59.52 (6) and
7(31), 66.0301, and 66.0607 (2), related to mental health functions, programs, and
8services.
AB718-ASA1,53 9Section 53 . Nonstatutory provisions.
AB718-ASA1,43,1510 (1) Initial terms of the Milwaukee County mental health board.
11Notwithstanding the length of terms for the members of the Milwaukee County
12mental health board specified in sections 15.07 (1) (cm) and 15.195 (9) of the statutes
13the initial members, other than the members approved under section 15.195 (9) (b)
1410. and 11. of the statutes, as created by this act, shall be appointed for the following
15terms:
AB718-ASA1,43,1816 (a) Three members, as designated by the governor, specified under section
1715.195 (9) (b) of the statutes, as created by this act, for terms that expire on May 1,
182016.
AB718-ASA1,43,2119 (b) Three members, as designated by the governor, specified under section
2015.195 (9) (b) of the statutes, as created by this act, for terms that expire on May 1,
212017.
AB718-ASA1,43,2422 (c) Three members, as designated by the governor, specified under section
2315.195 (9) (b) of the statutes, as created by this act, for terms that expire on May 1,
242018.
AB718-ASA1,44,2
1(d) The members specified under section 15.195 (9) (c) of the statutes, as created
2by this act, for terms that expire on May 1, 2017.
AB718-ASA1,44,33 (2) Provisional appointments to the Milwaukee County mental health board.
AB718-ASA1,44,124 (a) Notwithstanding section 15.07 (1) (b) 24. of the statutes, as created by this
5act, within 60 days after the effective date of this act, the governor shall provisionally
6appoint initial members of the Milwaukee County mental health board under section
715.195 (9) of the statutes, as created by this act. Those provisional appointments
8remain in force until withdrawn by the governor or acted upon by the senate, and if
9confirmed by the senate shall continue for the remainder of the unexpired term, if
10any, of the member and until a successor is chosen and qualifies. A provisional
11appointee under this paragraph may exercise all the powers and duties of the office
12to which the person is appointed during the time in which the appointee qualifies.
AB718-ASA1,44,1913 (b) A provisional appointment made under paragraph (a) that is withdrawn by
14the governor lapses and such withdrawal creates a vacancy for provisional
15appointment of a replacement initial member of the Milwaukee County mental
16health board. Any provisional appointment made under paragraph (a) that is
17rejected by the senate lapses and such rejection creates a vacancy for nomination and
18appointment under section 15.07 (1) (b) 24. of the statutes, as created by this act, of
19a replacement initial board member.
AB718-ASA1,44,2520 (3) Jurisdiction of the Milwaukee County mental health board. The mental
21health functions, programs, and services over which the Milwaukee County mental
22health board has jurisdiction upon appointment of the Milwaukee County mental
23health board are those functions, programs, and services that Milwaukee County
24included in its 2014 budget under the behavioral health division unit 6300 and under
25the behavioral health community services branch of unit 8700.
AB718-ASA1,45,1
1(4) Audit and report by department of health services.
AB718-ASA1,45,142 (a) The department of health services shall perform or arrange for an
3operational and programmatic audit of the behavioral health division of the
4Milwaukee County department of health and human services, the psychiatric
5hospital of the Milwaukee County mental health complex, and the related behavioral
6health programs. The department of health services may enter into a contract for
7the performance of the audit. By December 1, 2014, the department of health
8services or the person with whom the department of health services has entered into
9a contract for the audit shall submit a report of the findings of the audit, including
10recommendations for inpatient mental health treatment in Milwaukee County, to
11the secretary of health services. The secretary of health services shall submit a copy
12of the report to the Milwaukee County mental health board, the Milwaukee County
13board of supervisors, the Milwaukee County executive, and the legislature under
14section 13.172 (2) of the statutes.
AB718-ASA1,45,2015 (b) The Milwaukee County mental health board, the behavioral health division
16and the community services branch of the Milwaukee County department of health
17and human services, and any other Milwaukee County governmental unit that has
18information necessary for the performance of the audit under paragraph (a) shall
19cooperate with the department of health services or the contractor of the department
20of health services for the performance of the audit.
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