SB565,19,247 46.18 (1) Trustees. Every county home, infirmary, hospital, or similar
8institution, shall, subject to regulations approved by the county board except in
9Milwaukee County for county homes, infirmaries, hospitals, or institutions
10providing mental health treatment
, be managed by a board of trustees, electors of the
11county, chosen by ballot by the county board. In Milwaukee County, every county
12home, infirmary, hospital, or similar institution that provides mental health
13treatment shall, subject to standards and procedures adopted by the Milwaukee
14County mental health board, be managed by a board of trustees, electors of the
15county, chosen by ballot by the Milwaukee County mental health board.
At its
16annual meeting, the county board or the Milwaukee County mental health board, if
17applicable,
shall appoint an uneven number of trustees, from 3 to 9 at the option of
18the board, for staggered 3-year terms ending the first Monday in January. Any
19vacancy shall be filled for the unexpired term by the county board or the Milwaukee
20County mental health board, as applicable
; but the chairperson of the county board
21may appoint a trustee to fill the vacancy until the county board acts except for boards
22of trustees appointed by the Milwaukee County mental health board for which the
23chairperson of the Milwaukee County mental health board may appoint a trustee to
24fill the vacancy until the entire Milwaukee County mental health board acts
.
SB565,18 25Section 18. 46.18 (3) of the statutes is amended to read:
SB565,20,4
146.18 (3) Removal of trustee. Any trustee may be removed from office for
2misconduct or neglect, by a two-thirds vote of the county board or of the Milwaukee
3County mental health board, as applicable
, on due notice in writing and hearing of
4the charges against the trustee.
SB565,19 5Section 19. 46.18 (4) of the statutes is amended to read:
SB565,20,136 46.18 (4) Oath of office, bond, expenses, pay. Each trustee shall take and file
7the official oath and execute and file an official bond to the county, in the amount
8determined by the county board, or the Milwaukee County mental health board, as
9applicable,
and the sufficiency of the sureties shall be approved by the chairperson
10of the board. Each trustee shall be reimbursed for traveling expenses necessarily
11incurred in the discharge of the duties, and shall receive the compensation fixed by
12the county board or the Milwaukee County mental health board, as applicable,
13unless otherwise provided by law.
SB565,20 14Section 20. 46.18 (11) of the statutes is amended to read:
SB565,20,2015 46.18 (11) County appropriation. The county board or, in Milwaukee County,
16the Milwaukee County mental health board, as applicable,
shall annually
17appropriate for operation and maintenance of each such institution not less than the
18amount of state aid estimated by the trustees to accrue to said institution; or such
19lesser sum as may be estimated by the trustees to be necessary for operation and
20maintenance.
SB565,21 21Section 21. 46.18 (12) of the statutes is amended to read:
SB565,20,2522 46.18 (12) Additional duties. The county board or the Milwaukee County
23mental health board, as applicable,
may provide that the trustees and
24superintendent of any institution shall be the trustees and superintendent of any
25other institution.
SB565,22
1Section 22. 46.18 (13) of the statutes is amended to read:
SB565,21,192 46.18 (13) Building reserve fund. The Except in Milwaukee County, the
3county board shall maintain as a segregated cash reserve an annual charge of 2% of
4the original cost of new construction or purchase or of the appraised value of existing
5infirmary structures and equipment. In Milwaukee County, the Milwaukee County
6mental health board, for mental health infirmary structures and equipment, shall
7ensure the maintenance, as a segregated cash reserve, of an annual charge of 2
8percent of the original cost of new construction or purchase or of the appraised value
9of existing mental health infirmary structures and equipment.
If the infirmary or
10any of its equipment is replaced, any net cost of replacement in excess of the original
11cost is subject to an annual charge of 2%. No contributions to the cash reserve in
12excess of the amount required under this subsection may be included in the
13calculation under s. 49.726 (1). The county board, except the Milwaukee County
14board,
may from time to time appropriate from such reserve sums to be expended
15solely for the enlargement, modernization or replacement of such infirmary and its
16equipment. In Milwaukee County, the Milwaukee County mental health board may
17require to be appropriated from reserve sums for mental health infirmaries to be
18expended for the enlargement, modernization, or replacement of a mental health
19infirmary and its equipment.
SB565,23 20Section 23. 46.18 (14) of the statutes is amended to read:
SB565,22,421 46.18 (14) Incentive payments to patients in mental hospitals. The county
22board or, in Milwaukee County, the Milwaukee County mental health board may
23authorize the board of trustees of any county mental hospital to establish a program
24of incentive payments so as to provide incentive and encouragement to patients by
25the disbursement of small weekly payments but not restricted to work allowances.

1Incentive payments paid to inmates shall not be included as costs in arriving at the
2per capita rate for state aids or charges to other counties and the state for care of
3inmates. In counties having a population of 500,000 or more the county board of
4supervisors may establish a similar program.
SB565,24 5Section 24. 46.18 (15) of the statutes is amended to read:
SB565,22,136 46.18 (15) Joint operation of health-related service. If the county board of
7supervisors, or the Milwaukee County mental health board, as applicable, so
8authorizes, the trustees of the county hospital may, together with a private or public
9organization or affiliation, organize, establish and participate in the governance and
10operation of an entity to operate, wholly or in part, any health-related service, may
11participate in the financing of the entity and may provide administrative and
12financial services or resources for its operation on terms prescribed by the county
13board of supervisors or the Milwaukee County mental health board, as applicable.
SB565,25 14Section 25. 46.19 (4) of the statutes is amended to read:
SB565,22,2015 46.19 (4) The salaries of the superintendent, visiting physician and all
16necessary additional officers and employees shall be fixed by the county board. In
17Milwaukee County, the salaries of any superintendent of a mental health institution
18and the salaries of any visiting physician and necessary additional officers and
19employees whose duties are related to mental health shall be fixed by the county
20executive.
SB565,26 21Section 26. 46.21 (2) (a), (j), (k), (m) and (q), (2m) (a) and (b) 1. (intro.), (3), (3g),
22(3r), (4), (4m) (a) and (b) and (6) of the statutes are amended to read:
SB565,23,1123 46.21 (2) (a) Shall adopt policies for the management, operation, maintenance
24and improvement of the county hospital; the detention center; the probation section
25of the children's court center; the provision and maintenance of the physical facilities

1for the children's court and its intake section under the supervision and operation
2of the judges assigned to exercise jurisdiction under chs. 48 and 938 and as provided
3in s. 938.06 (1); the mental health complex; the county department of human
4services; the central service departments; and all buildings and land used in
5connection with any institution under this section except a mental health
6institution
. The powers and duties of the county board of supervisors are policy
7forming only, and not administrative or executive. The county board of supervisors
8may not form policies regarding mental health or mental health institutions,
9programs, or services. The Milwaukee County mental health board shall adopt the
10policies under this paragraph regarding mental health and mental health
11institutions, programs, and services.
SB565,23,2312 (j) May exercise approval or disapproval power over contracts and purchases
13of the director that are for $50,000 or more, except that the county board of
14supervisors may not exercise approval or disapproval power over any personal
15service contract or over any contract or purchase of the director that relates to
16community living arrangements, adult family homes, or foster homes and that was
17entered into pursuant to a contract under s. 46.031 (2g) or 301.031 (2g), regardless
18of whether the contract mentions the provider, except as provided in par. (m). The
19county board of supervisors may not exercise approval or disapproval power over any
20contract relating to mental health or mental health institutions, programs, or
21services.
This paragraph does not preclude the county board of supervisors from
22creating a central purchasing department for all county purchases that are not
23related to mental health
.
SB565,24,724 (k) Shall make sufficient appropriation annually for the support, maintenance,
25salaries, repairs and improvements to the county department of human services and

1the institutions, except for mental health institutions. The appropriations shall be
2used subject to the order of the director or administrator and as the policies adopted
3by the county board of supervisors provide. The director or administrator may not
4incur any expense or contract for new buildings, additions to present buildings or the
5purchase of land until the county board of supervisors, or the Milwaukee County
6mental health board, as applicable,
has appropriated or provided for the money to
7defray such expense.
SB565,25,58 (m) May establish and maintain in connection with such county hospital, an
9emergency unit or department for the treatment, subject to such rules as may be
10prescribed by the county board of supervisors, of persons in the county who may meet
11with accidents or be suddenly afflicted with illness not contagious; provided that
12medical care and treatment shall only be furnished in such unit or department until
13such time as the patient may be safely removed to another hospital or to his or her
14place of abode, or regularly admitted to the county hospital. The county board of
15supervisors may also contract with any private hospital or nonprofit hospital within
16the county for the use of its facilities and for medical service to be furnished by a
17licensed physician or physicians to patients who require emergency medical
18treatment or first aid as a result of any accident, injury or sudden affliction of illness
19occurring within the county, except that reasonable compensation may only be
20authorized until the patient is regularly admitted as an inpatient or safely removed
21to another hospital or to his place of abode. In this paragraph, "hospital" includes,
22without limitation due to enumeration, public health centers, medical facilities and
23general, tuberculosis, mental, chronic disease and other types of hospitals and
24related facilities, such as laboratories, outpatient departments, nurses' home and
25training facilities, and central service facilities operated in connection with

1hospitals. In this paragraph, "hospital" does not include any hospital furnishing
2primarily domiciliary care. In this paragraph "nonprofit hospital" means any
3hospital owned and operated by a corporation or association, no part of the net
4earnings of which inures, or may lawfully inure, to the benefit of any private
5shareholder or individual.
SB565,25,156 (q) May, together with a private or public organization or affiliation, organize,
7establish and participate in the governance and operation of an entity to operate,
8wholly or in part, any health-related service except a mental health-related service,
9may participate in the financing of the entity and may provide administrative and
10financial services or resources for its operation on terms prescribed by the county
11board of supervisors. The Milwaukee County mental health board may, together
12with a private or public organization or affiliation, organize, establish, and
13participate in the governance and operation of an entity to operate, wholly or in part,
14any mental health-related service, may participate in the financing of the entity, and
15may provide administrative and financial services or resources for its operation.
SB565,25,23 16(2m) (a) Creation. The management, operation, maintenance and
17improvement of human services in a county with a population of 500,000 750,000 or
18more is vested in a county department of human services under the jurisdiction, as
19to policy, of the county board of supervisors or, as to mental health policy, the
20Milwaukee County mental health board
. The county department of human services
21shall consist of the director appointed under sub. (1m), any division administrator
22appointed under sub. (4) or s. 51.41 (8), and necessary personnel appointed by the
23director or appointed by a division administrator and approved by the director.
SB565,26,224 (b) 1. (intro.) The county board of supervisors or, in matters related to mental
25health, the Milwaukee County mental health board
may transfer the powers and

1duties of any human services program under the control of the county and shall
2transfer all of the following to the county department of human services:
SB565,26,10 3(3) Powers and duties of the director. All of the administrative and executive
4powers and duties of managing, operating, maintaining and improving the county
5department of human services and other institutions and departments that the
6county board of supervisors or, in matters of mental health, the Milwaukee County
7mental health board
may place under the jurisdiction of the director are vested in the
8director, subject to the policies and in accordance with the principles adopted by the
9county board of supervisors or, in matters of mental health, the Milwaukee County
10health board
.
SB565,26,18 11(3g) Powers and duties of the administrator. All of the administrative and
12executive powers and duties of managing, operating, maintaining and improving the
13county hospital and other institutions and departments that the county board of
14supervisors or, in matters of mental health, the Milwaukee County mental health
15board
may place under the jurisdiction of the administrator are vested in the
16administrator, subject to the policies and in accordance with the principles adopted
17by the county board of supervisors or, in matters of mental health, the Milwaukee
18County mental health board
.
SB565,26,25 19(3r) Other powers and duties. The county board of supervisors or, in matters
20of mental health, the Milwaukee County mental health board
may place under the
21jurisdiction of county entities not specified under this section the administrative and
22executive powers and duties of managing, operating, maintaining and improving
23institutions and departments or other responsibilities that are specified in sub. (2),
24including functions related to the central service departments and buildings and
25land used in connection with any institution under sub. (2).
SB565,27,4
1(4) Management personnel. The Except as provided in s. 51.41 (8), the director
2may appoint personnel to manage the county department of human services and the
3administrator may appoint personnel to manage the county hospital, in accordance
4with ordinances of the county board of supervisors.
SB565,27,12 5(4m) (a) The county hospitals and county sanatoriums of a county with a
6population of 500,000 750,000 or more shall be devoted to hospital service and the
7treatment of patients upon such terms and conditions as the county board of
8supervisors or, in matters of mental health, the Milwaukee County mental health
9board
establishes. The hospitals and sanatoriums may be utilized for instruction of
10medical students, physicians and nurses and for scientific and clinical research that
11will promote the welfare of the patients and assist the application of science to the
12alleviation of human suffering.
SB565,27,1613 (b) Professional staff responsible for the care of patients under this subsection
14may submit bills for professional services under policies adopted by the county board
15of supervisors or under mental health policies adopted by the Milwaukee County
16mental health board
.
SB565,28,2 17(6) Reports; expenditures. The director and the administrator shall submit
18annually to the county board of supervisors, or to the Milwaukee County mental
19health board in matters of mental health,
reports, including itemized statements of
20receipts and disbursements, at the times and in the manner that the county board
21of supervisors or Milwaukee County mental health board specifies and as are
22required to comply with applicable federal statutes and regulations and state
23statutes and rules. Disbursements shall be made in the manner that the county
24board of supervisors or Milwaukee County mental health board, as applicable,
25adopts, consistent with sound accounting and auditing procedure and with

1applicable federal statutes and regulations, state statutes and rules and
2requirements of the county auditor and county department of administration.
SB565,27 3Section 27. 46.56 (1) (a) of the statutes is amended to read:
SB565,28,64 46.56 (1) (a) "Administering agency" means a department designated by a
5county board of supervisors, by the Milwaukee County mental health board in
6Milwaukee County,
or by a tribe to administer an initiative.
SB565,28 7Section 28. 46.56 (2) (a) of the statutes, as affected by 2013 Wisconsin Act 20,
8is amended to read:
SB565,28,159 46.56 (2) (a) Except as provided in par. (b), if a county board of supervisors or
10the Milwaukee County mental health board
establishes an initiative under s. 59.53
11(7) or if a tribe establishes an initiative, the county board, Milwaukee County mental
12health board,
or tribe shall appoint a coordinating committee and designate an
13administering agency. The initiative may be funded by the county or tribe or the
14county board of supervisors, Milwaukee County mental health board, or tribe may
15apply for funding by the state in accordance with sub. (15).
SB565,29 16Section 29. 46.56 (2) (b) of the statutes, as created by 2013 Wisconsin Act 20,
17is amended to read:
SB565,29,418 46.56 (2) (b) A county may enter into an agreement with one or more other
19counties or tribes to establish an initiative and a tribe may enter into an agreement
20with one or more counties or tribes to establish an initiative. The parties to the
21agreement shall designate in the agreement a single lead administrative county or
22lead administrative tribe. The county board of the lead administrative county, the
23Milwaukee County mental health board, if Milwaukee County is the lead
24administrative county,
or the lead administrative tribe shall appoint a coordinating
25committee and designate an administering agency. The initiative may be funded by

1the participating entities, or the county board of supervisors of the lead
2administrative county, the Milwaukee County mental health board, if Milwaukee
3County is the lead administrative county,
or the lead administrative tribe may apply
4for funding by the state in accordance with sub. (15).
SB565,30 5Section 30. 46.56 (3) (b) 11. of the statutes is amended to read:
SB565,29,86 46.56 (3) (b) 11. Representatives of the county board or, in Milwaukee County,
7the Milwaukee County mental health board
or, for an initiative established by a
8tribe, representatives of the elected governing body of the tribe.
SB565,31 9Section 31. 46.56 (4) (d) of the statutes, as affected by 2013 Wisconsin Act 20,
10is amended to read:
SB565,29,1311 46.56 (4) (d) If the county board of supervisors, Milwaukee County mental
12health board,
or tribe or a multi-entity initiative decides to seek state funding under
13sub. (15), develop the application in cooperation with the coordinating committee.
SB565,32 14Section 32. 46.56 (15) (b) (intro.) of the statutes, as affected by 2013 Wisconsin
15Act 20
, is amended to read:
SB565,29,2016 46.56 (15) (b) (intro.) In order to apply for funds under this subsection, the
17county board of supervisors, Milwaukee County mental health board, or tribe or, for
18a multi-entity initiative, the county board of the lead administrative county, the
19Milwaukee County mental health board, if Milwaukee County is the lead
20administrative county,
or the lead administrative tribe shall do all of the following:
SB565,33 21Section 33. 51.08 of the statutes is amended to read:
SB565,30,7 2251.08 Milwaukee County Mental Health Complex. Any county having a
23population of 500,000 or more may, pursuant to s. 46.17, establish and maintain a
24county mental health complex. The county mental health complex shall be a hospital
25devoted to the detention and care of drug addicts, alcoholics, chronic patients and

1mentally ill persons whose mental illness is acute. Such hospital shall be governed
2pursuant to s. 46.21. Treatment of alcoholics at the county mental health complex
3is subject to approval by the department under s. 51.45 (8). The county mental health
4complex established pursuant to this section is subject to rules promulgated by the
5department concerning hospital standards. The county board may not sell the
6county mental health complex under this section without approval of the Milwaukee
7County mental health board.
SB565,34 8Section 34. 51.20 (18) (a) of the statutes is amended to read:
SB565,30,129 51.20 (18) (a) Unless previously fixed by the county board of supervisors or the
10Milwaukee County mental health board
in the county in which the examination is
11held, the examiners shall receive a fee as fixed by the court for participation in
12commitment proceedings, and reasonable reimbursement for travel expenses.
SB565,35 13Section 35. 51.41 of the statutes is created to read:
SB565,30,15 1451.41 Milwaukee County mental health; Milwaukee County mental
15health board.
SB565,30,17 16(1) Duties of the board. The Milwaukee County mental health board shall do
17all of the following:
SB565,30,1918 (a) Oversee the provision of mental health programs and services in Milwaukee
19County.
SB565,30,2120 (b) Allocate moneys for mental health functions, programs, and services in
21Milwaukee County within the budget amount set in sub. (3) (a).
SB565,30,2222 (c) Make the final determination on mental health policy in Milwaukee County.
SB565,30,2423 (d) Replace the Milwaukee County board of supervisors in all mental health
24functions that are typically performed by a county board of supervisors.
SB565,31,2
1(e) Facilitate delivery of mental health services in an efficient and effective
2manner by making a commitment to all of the following:
SB565,31,43 1. Community-based, person-centered, recovery-oriented, mental health
4systems.
SB565,31,55 2. Maximizing comprehensive community-based services.
SB565,31,76 3. Prioritizing access to community-based services and reducing reliance on
7institutional and inpatient care.
SB565,31,108 4. Protecting the personal liberty of individuals experiencing mental illness so
9that they may be treated in the least restrictive environment to the greatest extent
10possible.
SB565,31,1211 5. Providing early intervention to minimize the length and depth of psychotic
12and other mental health episodes.
SB565,31,1413 6. Diverting people experiencing mental illness from the corrections system
14when appropriate.
SB565,31,1515 7. Maximizing use of mobile crisis units and crisis intervention training.
SB565,31,1716 (f) Attempt to achieve costs savings in the provision of mental health programs
17and services in Milwaukee County.
SB565,31,22 18(2) Powers of the board. The Milwaukee County mental health board may
19request information from the Milwaukee Mental Health Complex, a county
20department under s. 46.21 or 51.42 or any other Milwaukee County governmental
21unit that possesses mental health information in order to fulfill its duties of
22overseeing mental health functions, programs, and services in Milwaukee County.
SB565,32,4 23(3) Milwaukee County mental health budget. (a) 1. The Milwaukee County
24board of supervisors shall incorporate into the budget for Milwaukee County for a
25fiscal year a total amount of funding for mental health functions, services, and

1programs that is equal to the sum of any amount held in the mental health reserve
2fund as described under par. (c) for the fiscal year previous to the fiscal year for which
3the budget is being determined and the base budget amount of $177,425,000,
4adjusted as provided in subds. 2. to 4.
SB565,32,85 2. The base budget amount under subd. 1. shall be decreased by an amount
6equal to any amount held in the mental health reserve fund as described under par.
7(c) for the fiscal year previous to the fiscal year for which the budget is being
8determined.
SB565,32,139 3. If there are no moneys in the mental health reserve fund, the Milwaukee
10County mental health board makes a request to the Milwaukee County executive for
11a mental health budget increase, and the Milwaukee County executive approves the
12mental health budget increase, the base budget amount under subd. 1., together with
13any increase under subd. 4., shall be increased to reflect one of the following:
SB565,32,1714 a. Unless subd. 3. b. applies, the percentage change in the consumer price index
15for all urban consumers, U.S. city average, as determined by the U.S. department of
16labor, during the calendar year preceding the fiscal year for which the budget is being
17determined.
SB565,32,2118 b. If the percentage change described in subd. 3. a. is positive and if there was
19a smaller positive percentage change in the property tax levy for Milwaukee County
20between the 2 calendar years preceding the fiscal year for which the budget is being
21determined, that smaller positive percentage change.
SB565,33,422 4. If the Milwaukee County mental health board transfers to itself jurisdiction
23of a function, service, or program under sub. (4) (b) that it did not have jurisdiction
24over on the effective date of this subdivision .... [LRB inserts date], the base budget
25amount under subd. 1. shall be increased by an amount equal to the amount

1expended by Milwaukee County on that function, service, or program in the fiscal
2year before the fiscal year in which the function, program, or service is transferred.
3An increase under this subdivision applies for every fiscal year the Milwaukee
4County mental health board has jurisdiction over that function, service, or program.
SB565,33,85 (b) The Milwaukee County board of supervisors may not in any fiscal year
6provide funding for and the Milwaukee County executive may not in any fiscal year
7approve funding for mental health functions, services, and programs that is less than
8or more than the total amount specified under par. (a) for that fiscal year.
SB565,33,139 (c) The treasurer of Milwaukee County shall hold any unexpended moneys in
10a fiscal year that had been appropriated for use for mental health functions,
11programs, and services in a mental health reserve fund. The moneys in the mental
12health reserve fund may be expended in any fiscal year only for mental health
13functions, programs, and services in Milwaukee County.
SB565,33,22 14(4) Jurisdiction of Milwaukee County board. (a) The Milwaukee County
15board of supervisors has no jurisdiction over any mental health policy, functions,
16programs, or services. The Milwaukee County board of supervisors may not create
17new mental health functions, programs, or services that are under the jurisdiction
18of the board of supervisors. Any dispute between the Milwaukee County board of
19supervisors and the Milwaukee County mental health board over whether a
20function, program, or service is a mental health function, program, or service under
21the jurisdiction of the Milwaukee County mental health board shall be resolved by
22the secretary of health services.
SB565,34,323 (b) The Milwaukee County mental health board may transfer jurisdiction over
24a Milwaukee County function, service, or program to itself that pertains to mental
25health or is highly integrated with mental health services and that is not under its

1jurisdiction by statute or by agreement with the Milwaukee County board of
2supervisors, by an affirmative vote of 8 of the voting Milwaukee County mental
3health board members if the secretary of health services approves the transfer.
SB565,34,6 4(5) Payment of board expenditures. (a) The Milwaukee County board of
5supervisors and the department shall enter an agreement for the payment of
6expenses of the Milwaukee County mental health board.
SB565,34,107 (b) The Milwaukee County board of supervisors shall arrange for the payment
8of expenses from the total budget amount under sub. (3) (a) according to the
9agreement under par. (a). All payments shall be credited to the appropriation
10account under s. 20.435 (5) (kf).
SB565,34,14 11(6) County department requirements. (a) A county department under s. 46.21
12or 51.42 in Milwaukee County may not impede the Milwaukee County mental health
13board in performing its duties under this section or exercising its powers under this
14section.
SB565,34,1715 (b) A county department under s. 46.21 or 51.42 in Milwaukee County shall
16respond to any requests for information from the Milwaukee County mental health
17board.
SB565,34,25 18(7) Reports; studies. (a) By March 1, 2015, and annually by March 1
19thereafter, the Milwaukee County mental health board shall submit to the
20Milwaukee County executive, the Milwaukee County board of supervisors, and the
21department a report including a description of the funding allocations for Milwaukee
22County's mental health functions, services, and programs and a description of any
23improvements and efficiencies in those mental health functions, programs, and
24services. The department shall provide access to the report under this subsection to
25the public including posting the report on the department's Internet site.
SB565,35,8
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.
SB565,35,18 9(8) Administrator. (a) The Milwaukee County executive shall nominate an
10individual to be the administrator of any division of the department under s. 46.21
11that 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.
SB565,35,2219 (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.
SB565,35,2423 (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.
SB565,36,5
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.
SB565,36,86 (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.
SB565,36,12 9(9) 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 does not vote to reject the contract
12within 14 days after the contract is signed or countersigned by the county executive.
SB565,36 13Section 36. 51.42 (1) (b) of the statutes is amended to read:
SB565,37,2014 51.42 (1) (b) County liability. The county board of supervisors except in
15Milwaukee County,
has the primary responsibility for the well-being, treatment and
16care of the mentally ill, developmentally disabled, alcoholic and other drug
17dependent citizens residing within its county and for ensuring that those individuals
18in need of such emergency services found within its county receive immediate
19emergency services. In Milwaukee County, the Milwaukee County mental health
20board has the primary responsibility for the well-being, treatment and care of the
21mentally ill, alcoholic, and other drug dependent citizens residing within Milwaukee
22County and for ensuring that those individuals in need of such emergency services
23found within Milwaukee County receive immediate emergency services. The county
24board of supervisors of Milwaukee County has the primary responsibility for the
25well-being, treatment, and care of the developmentally disabled citizens residing

1within Milwaukee County, except where the responsibility is delegated explicitly
2under this section to the Milwaukee County mental health board, and for ensuring
3that developmentally disabled individuals in need of such emergency services found
4within Milwaukee County receive immediate emergency services.
This primary
5responsibility is limited to the programs, services and resources that the county
6board of supervisors, or, as applicable, the Milwaukee County mental health board,
7is reasonably able to provide within the limits of available state and federal funds
8and of county funds required to be appropriated to match state funds. County
9liability for care and services purchased through or provided by a county department
10of community programs established under this section shall be based upon the
11client's county of residence except for emergency services for which liability shall be
12placed with the county in which the individual is found. For the purpose of
13establishing county liability, "emergency services" includes those services provided
14under the authority of s. 55.05 (4), 2003 stats., or s. 55.06 (11) (a), 2003 stats., or s.
1551.15, 51.45 (11) (a) or (b) or (12), 55.13, or 55.135 for not more than 72 hours.
16Nothing in this paragraph prevents recovery of liability under s. 46.10 or any other
17statute creating liability upon the individual receiving a service or any other
18designated responsible party, or prevents reimbursement by the department of
19health services for the actual cost of all care and services from the appropriation
20under s. 20.435 (7) (da), as provided in s. 51.22 (3).
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