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:
SB565-ASA1,9,320 46.031 (2g) (b) The department may not approve contracts for amounts in
21excess of available revenues. The county board of supervisors in a county with a
22single-county department, the Milwaukee County mental health district board in
23Milwaukee County for matters related to mental health,
or the county boards of
24supervisors in counties with a multicounty department may appropriate funds not
25used to match state funds under ss. 46.495 (1) (d) and 51.423. Actual expenditure

1of county funds shall be reported in compliance with procedures developed by the
2department, and shall comply with standards guaranteeing quality of care
3comparable to similar facilities.
SB565-ASA1,23 4Section 23. 46.031 (2r) (b) of the statutes is amended to read:
SB565-ASA1,9,195 46.031 (2r) (b) If the department withholds a portion of the allocable
6appropriation under par. (a), the county department affected by the action of the
7department may submit to the county board of supervisors in a county with a
8single-county department or to its designated agent, to the Milwaukee County
9mental health district board if related to mental health in Milwaukee County,
or to
10the county boards of supervisors in counties with a multicounty department or their
11designated agents a plan to rectify the deficiency found by the department. The
12county board of supervisors or its designated agent in a county with a single-county
13department, the Milwaukee County mental health district board if related to mental
14health,
or the county boards of supervisors in counties with a multicounty
15department or their designated agents may approve or amend the plan and may
16submit for departmental approval the plan as adopted. If a multicounty department
17is administering a program, the plan may not be submitted unless each county board
18of supervisors which participated in the establishment of the multicounty
19department, or its designated agent, adopts it.
SB565-ASA1,24 20Section 24. 46.031 (3) (a) of the statutes is amended to read:
SB565-ASA1,9,2521 46.031 (3) (a) Citizen advisory committee. Except as provided in par. (b), the
22county board of supervisors of each county, the Milwaukee County mental health
23district board, as applicable,
or the county boards of supervisors of 2 or more counties
24jointly shall establish a citizen advisory committee to the county departments under
25ss. 46.215, 46.22, 46.23, 51.42, and 51.437. The citizen advisory committee shall

1advise in the formulation of the budget under sub. (1). Membership on the committee
2shall be determined by the county board of supervisors in a county with a
3single-county committee, the Milwaukee County mental health district board, as
4applicable,
or by the county boards of supervisors in counties with a multicounty
5committee and shall include representatives of those persons receiving services,
6providers of service and citizens. A majority of the members of the committee shall
7be citizen and service consumers. The committee's membership may not consist of
8more than 25% county supervisors, nor of more than 20% service providers. The
9chairperson of the committee shall be appointed by the county board of supervisors
10establishing it or by the Milwaukee County mental health district board, if it
11establishes the committee
. In the case of a multicounty committee, the chairperson
12shall be nominated by the committee and approved by the county boards of
13supervisors establishing it. The county board of supervisors in a county with a
14single-county committee or the county boards of supervisors in counties with a
15multicounty committee may designate an agent to determine the membership of the
16committee and to appoint the committee chairperson or approve the nominee.
SB565-ASA1,25 17Section 25. 46.031 (3) (b) of the statutes is amended to read:
SB565-ASA1,10,2518 46.031 (3) (b) Alternate process. The county board of supervisors, the
19Milwaukee County mental health district board, as applicable,
or the boards of 2 or
20more counties acting jointly may submit a report to the department on the open
21public participation process used under sub. (2). The county board of supervisors or
22the Milwaukee County mental health district board
may designate an agent, or the
23boards of 2 or more counties acting jointly may designate an agent, to submit the
24report. If the department approves the report, establishment of a citizen advisory
25committee under par. (a) is not required.
SB565-ASA1,26
1Section 26. 46.031 (3) (c) of the statutes is amended to read:
SB565-ASA1,11,72 46.031 (3) (c) Yearly report. The county board of supervisors or its designated
3agent, the Milwaukee County mental health district board, as applicable, or the
4boards of 2 or more counties acting jointly or their designated agent, shall submit to
5the department a list of members of the citizen advisory committee under par. (a) or
6a report on the open public participation process under par. (b) on or before July 1
7of each year.
SB565-ASA1,27 8Section 27. 46.034 (3) of the statutes is amended to read:
SB565-ASA1,12,99 46.034 (3) With the agreement of the affected county board of supervisors in
10a county with a single-county department, the Milwaukee County mental health
11district board, as applicable,
or boards of supervisors in counties with a multicounty
12department, effective for the contract period beginning January 1, 1980, the
13department may approve a county with a single-county department or counties
14participating in a multicounty department to administer a single consolidated aid
15consisting of the state and federal financial aid available to that county or those
16counties from appropriations under s. 20.435 (7) (b) and (o) for services provided and
17purchased by county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437.
18Under such an agreement, in the interest of improved service coordination and
19effectiveness, the county board of supervisors in a county with a single-county
20department, the Milwaukee County mental health district board, as applicable, or
21county boards of supervisors in counties with a multicounty department may
22reallocate among county departments under ss. 46.215, 46.22, 46.23, 51.42, and
2351.437 funds that otherwise would be specified for use by a single county
24department. The budget under s. 46.031 (1) shall be the vehicle for expressing the
25proposed use of the single consolidated fund by the county board of supervisors in a

1county with a single-county department, the Milwaukee County mental health
2district board, as applicable,
or county boards of supervisors in counties with a
3multicounty department. Approval by the department of this use of the fund shall
4be in the contract under s. 46.031 (2g). Counties that were selected by the
5department to pilot test consolidated aids for contract periods beginning January 1,
61978, may continue or terminate consolidation with the agreement of the affected
7county board of supervisors in a county with a single-county department , the
8Milwaukee County mental health district board,
or county boards of supervisors in
9counties with a multicounty department.
SB565-ASA1,28 10Section 28. 46.175 of the statutes is amended to read:
SB565-ASA1,12,20 1146.175 County institutions: minimum standards. Notwithstanding any
12other provision of law, any county currently operating an institution established
13under s. 49.70, 49.71, 49.72, 51.08, or 51.09 may, by resolution of the county board
14or, in Milwaukee County for institutions providing mental health treatment, the
15Milwaukee County mental health district board
, designate such institution or
16distinct part of such institution as a facility to be operated under s. 50.02, 50.03 or
1750.33. Any county institution or part thereof, where so designated, shall be required
18to meet those licensure standards established by the department for the type of
19facility designated by the county. Any designation under this section may be made
20only if such designation will not result in any additional cost to the state.
SB565-ASA1,29 21Section 29. 46.18 (1) of the statutes is amended to read:
SB565-ASA1,13,1522 46.18 (1) Trustees. Every county home, infirmary, hospital, or similar
23institution, shall, subject to regulations approved by the county board except in
24Milwaukee County for county homes, infirmaries, hospitals, or institutions
25providing mental health treatment
, be managed by a board of trustees, electors of the

1county, chosen by ballot by the county board. In Milwaukee County, every county
2home, infirmary, hospital, or similar institution that provides mental health
3treatment shall, subject to standards and procedures adopted by the Milwaukee
4County mental health district board, be managed by a board of trustees, electors of
5the county, chosen by ballot by the Milwaukee County mental health district board.

6At its annual meeting, the county board or the Milwaukee County mental health
7district board, if applicable,
shall appoint an uneven number of trustees, from 3 to
89 at the option of the board, for staggered 3-year terms ending the first Monday in
9January. Any vacancy shall be filled for the unexpired term by the county board or
10the Milwaukee County mental health district board, as applicable
; but the
11chairperson of the county board may appoint a trustee to fill the vacancy until the
12county board acts except for boards of trustees appointed by the Milwaukee County
13mental health district board for which the chairperson of the Milwaukee County
14mental health district board may appoint a trustee to fill the vacancy until the entire
15Milwaukee County mental health district board acts
.
SB565-ASA1,30 16Section 30. 46.18 (3) of the statutes is amended to read:
SB565-ASA1,13,2017 46.18 (3) Removal of trustee. Any trustee may be removed from office for
18misconduct or neglect, by a two-thirds vote of the county board or of the Milwaukee
19County mental health district board, as applicable
, on due notice in writing and
20hearing of the charges against the trustee.
SB565-ASA1,31 21Section 31. 46.18 (4) of the statutes is amended to read:
SB565-ASA1,14,422 46.18 (4) Oath of office, bond, expenses, pay. Each trustee shall take and file
23the official oath and execute and file an official bond to the county, in the amount
24determined by the county board, or the Milwaukee County mental health district
25board, as applicable,
and the sufficiency of the sureties shall be approved by the

1chairperson of the board. Each trustee shall be reimbursed for traveling expenses
2necessarily incurred in the discharge of the duties, and shall receive the
3compensation fixed by the county board or the Milwaukee County mental health
4district board, as applicable
, unless otherwise provided by law.
SB565-ASA1,32 5Section 32. 46.18 (11) of the statutes is amended to read:
SB565-ASA1,14,116 46.18 (11) County appropriation. The county board or, in Milwaukee County,
7the Milwaukee County mental health district board, as applicable,
shall annually
8appropriate for operation and maintenance of each such institution not less than the
9amount of state aid estimated by the trustees to accrue to said institution; or such
10lesser sum as may be estimated by the trustees to be necessary for operation and
11maintenance.
SB565-ASA1,33 12Section 33. 46.18 (12) of the statutes is amended to read:
SB565-ASA1,14,1613 46.18 (12) Additional duties. The county board or the Milwaukee County
14mental health district board, as applicable,
may provide that the trustees and
15superintendent of any institution shall be the trustees and superintendent of any
16other institution.
SB565-ASA1,34 17Section 34. 46.18 (13) of the statutes is amended to read:
SB565-ASA1,15,1018 46.18 (13) Building reserve fund. The Except in Milwaukee County, the
19county board shall maintain as a segregated cash reserve an annual charge of 2% of
20the original cost of new construction or purchase or of the appraised value of existing
21infirmary structures and equipment. In Milwaukee County, the Milwaukee County
22mental health district board, for mental health infirmary structures and equipment,
23shall ensure the maintenance, as a segregated cash reserve, of an annual charge of
242 percent of the original cost of new construction or purchase or of the appraised
25value of existing mental health infirmary structures and equipment.
If the infirmary

1or any of its equipment is replaced, any net cost of replacement in excess of the
2original cost is subject to an annual charge of 2%. No contributions to the cash
3reserve in excess of the amount required under this subsection may be included in
4the calculation under s. 49.726 (1). The county board, except the Milwaukee County
5board,
may from time to time appropriate from such reserve sums to be expended
6solely for the enlargement, modernization or replacement of such infirmary and its
7equipment. In Milwaukee County, the Milwaukee County mental health district
8board may require to be appropriated from reserve sums for mental health
9infirmaries to be expended for the enlargement, modernization, or replacement of a
10mental health infirmary and its equipment.
SB565-ASA1,35 11Section 35. 46.18 (14) of the statutes is amended to read:
SB565-ASA1,15,2012 46.18 (14) Incentive payments to patients in mental hospitals. The county
13board or, in Milwaukee County, the Milwaukee County mental health district board
14may authorize the board of trustees of any county mental hospital to establish a
15program of incentive payments so as to provide incentive and encouragement to
16patients by the disbursement of small weekly payments but not restricted to work
17allowances. Incentive payments paid to inmates shall not be included as costs in
18arriving at the per capita rate for state aids or charges to other counties and the state
19for care of inmates. In counties having a population of 500,000 or more the county
20board of supervisors may establish a similar program.
SB565-ASA1,36 21Section 36. 46.18 (15) of the statutes is amended to read:
SB565-ASA1,16,522 46.18 (15) Joint operation of health-related service. If the county board of
23supervisors, or the Milwaukee County mental health district board, as applicable,
24so authorizes, the trustees of the county hospital may, together with a private or
25public organization or affiliation, organize, establish and participate in the

1governance and operation of an entity to operate, wholly or in part, any
2health-related service, may participate in the financing of the entity and may
3provide administrative and financial services or resources for its operation on terms
4prescribed by the county board of supervisors or the Milwaukee County mental
5health district board, as applicable
.
SB565-ASA1,37 6Section 37. 46.19 (4) of the statutes is amended to read:
SB565-ASA1,16,127 46.19 (4) The salaries of the superintendent, visiting physician and all
8necessary additional officers and employees shall be fixed by the county board. In
9Milwaukee County, the salaries of any superintendent of a mental health institution
10and the salaries of any visiting physician and necessary additional officers and
11employees whose duties are related to mental health shall be fixed by the county
12executive.
SB565-ASA1,38 13Section 38. 46.21 (2) (a), (j), (k), (m) and (q), (2m) (a) and (b) 1. (intro.), (3), (3g),
14(3r), (4), (4m) (a) and (b) and (6) of the statutes are amended to read:
SB565-ASA1,17,315 46.21 (2) (a) Shall adopt policies for the management, operation, maintenance
16and improvement of the county hospital; the detention center; the probation section
17of the children's court center; the provision and maintenance of the physical facilities
18for the children's court and its intake section under the supervision and operation
19of the judges assigned to exercise jurisdiction under chs. 48 and 938 and as provided
20in s. 938.06 (1); the mental health complex; the county department of human
21services; the central service departments; and all buildings and land used in
22connection with any institution under this section except a mental health
23institution
. The powers and duties of the county board of supervisors are policy
24forming only, and not administrative or executive. The county board of supervisors
25may not form policies regarding mental health or mental health institutions,

1programs, or services. The Milwaukee County mental health district board shall
2adopt the policies under this paragraph regarding mental health and mental health
3institutions, programs, and services.
SB565-ASA1,17,154 (j) May exercise approval or disapproval power over contracts and purchases
5of the director that are for $50,000 or more, except that the county board of
6supervisors may not exercise approval or disapproval power over any personal
7service contract or over any contract or purchase of the director that relates to
8community living arrangements, adult family homes, or foster homes and that was
9entered into pursuant to a contract under s. 46.031 (2g) or 301.031 (2g), regardless
10of whether the contract mentions the provider, except as provided in par. (m). The
11county board of supervisors may not exercise approval or disapproval power over any
12contract relating to mental health or mental health institutions, programs, or
13services.
This paragraph does not preclude the county board of supervisors from
14creating a central purchasing department for all county purchases that are not
15related to mental health
.
SB565-ASA1,17,2416 (k) Shall make sufficient appropriation annually for the support, maintenance,
17salaries, repairs and improvements to the county department of human services and
18the institutions, except for mental health institutions. The appropriations shall be
19used subject to the order of the director or administrator and as the policies adopted
20by the county board of supervisors provide. The director or administrator may not
21incur any expense or contract for new buildings, additions to present buildings or the
22purchase of land until the county board of supervisors, or the Milwaukee County
23mental health district board, as applicable,
has appropriated or provided for the
24money to defray such expense.
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