Wisconsin Legislature: 27,9125

(1m) Efficiency study. The employment relations commission shall study its current procedures in all areas of its responsibility, identify areas that could become more efficient, develop recommendations to streamline its procedures and improve its operations and identify any positions that could be eliminated as a result of the efficiencies and improved procedures identified in the study. The employment relations commission shall submit its findings and recommendations to the secretary of administration and the joint committee on finance by October 31, 1996.

(3g) Transcript, fact-finding, mediation and arbitration fees; submission of transcript, fact-finding, mediation and arbitration fees rules to legislative council staff. The employment relations commission shall submit the proposed rules under sections 111.09 (1) and (2), 111.71 (1) and (2) and 111.94 (1) and (2) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than October 1, 1995. Notwithstanding the requirement under sections 111.09 (1), 111.71 (1) and 111.94 (1) of the statutes, as affected by this act, that the uniform rate per page shall be set by rule, the employment relations commission may set a temporary uniform rate per page to be charged for transcripts that are requested beginning on January 1, 1996, but before the effective date of the rules. Notwithstanding the requirement under sections 111.09 (2), 111.71 (2) and 111.94 (2) of the statutes, as affected by this act, that the filing fees under those sections shall be set by rule, the employment relations commission may set temporary filing fees for requests specified under those sections that are filed beginning on January 1, 1996, but before the effective date of the rules.

(3h) Survey of mediation activities. The employment relations commission shall submit a report to the department of administration at the same time that the commission submits its 1997-99 biennial budget request, under section 16.42 of the statutes, that specifies all of the employment relations commission's mediation activities, and the amount of time that the employment relations commission spent on these activities, for a period that begins no later than 30 days after the effective date of this subsection and continues for one year.

(3jt) Pending arbitrations. As soon as possible after the effective date of this subsection, the employment relations commission shall, for each collective bargaining unit consisting of municipal employes in which the parties are engaged in a labor dispute and in which it has appointed an arbitrator or arbitration panel under section 111.70 (4) (cm) 6., 1993 stats., but for which no collective bargaining agreement has been entered into subsequent to that appointment as of that effective date, determine whether the dispute relates in whole or in part to a prohibited subject of bargaining under section 111.70 (4) (m) of the statutes, as created by this act. If the commission determines that the dispute relates in whole or in part to a prohibited subject of bargaining, the commission shall order the arbitrator or panel members to terminate any pending arbitration with respect to that dispute. If the arbitrator or arbitration panel has issued an award on the effective date of this subsection or if the arbitrator or panel issues an award on or after that date, the commission shall issue an order declaring the award void. The parties shall reimburse the arbitrator or arbitration panel for the costs of the arbitration. If an award has not been issued prior to the date of the order, the parties shall reimburse the arbitrator or arbitration panel members for all costs incurred in conducting the arbitration prior to the date of the order. The parties are not liable for any costs incurred to arbitrate any dispute or portion of a dispute that is not subject to arbitration under section 111.70 (1) (a) and (4) (cm) and (m) of the statutes, as affected by this act, on or after the date of any order by the commission to terminate the arbitration. If the dispute does not relate solely to a prohibited subject of bargaining under section 111.70 (4) (m) of the statutes, as created by this act, the commission shall then submit to the parties names for appointment of a new arbitrator or arbitration panel. Notwithstanding section 111.70 (3) (a) 4. and 7. and (b) 3. and 6. of the statutes, as affected by this act, no municipal employer, municipal employe or labor organization commits a prohibited practice by refusing to execute a collective bargaining agreement resulting from an award under section 111.70 (4) (cm) 6., 1993 stats., if any matter submitted to arbitration in the dispute resulting in that award is not subject to arbitration under section 111.70 (1) (a), (4) (cm) 6. and (m) of the statutes, as affected by this act. This subsection does not affect the obligations of a municipal employer and labor organization which have executed a collective bargaining agreement prior to the effective date of this subsection.

27,9123 Section 9123. Nonstatutory provisions; gaming commission.

(3) Administration of simulcast racing. The gaming commission shall administer section 562.057 (4) of the statutes, as affected by this act, on a case-by-case basis during the period prior to the effective date of the rules promulgated under section 562.057 (5) of the statutes, as created by this act.

(4) Submission of animal testing rules to legislative council staff. The gaming commission shall submit the proposed rules under section 562.09 (2) (b) 2. of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 3rd month after the effective date of this subsection.

(5) Administration of animal testing. The gaming commission shall administer section 562.09 (2) (b) 2. of the statutes, as affected by this act, on a case-by-case basis during the period prior to the effective date of the rules promulgated under section 562.09 (2) (b) 2. of the statutes, as affected by this act.

(6pp) Agency name change. On July 1, 1996, wherever the term “commission" appears in chapters 561, 562, 563, 564 and 569 of the statutes, as affected by the acts of 1995, the term “board" is substituted.

(6pq) Lottery conflict of interest laws. Notwithstanding section 565.05 (1) (a), 1993 stats., and section 565.05 (1) (a) of the statutes, as affected by this act, an employe of the gaming commission, the gaming board or the lottery division in the department of revenue, but not including any member of the gaming commission or gaming board or the administrator of the lottery division in the gaming commission or the administrator in the lottery division in the department of revenue, whose position is eliminated between the effective date of this subsection and June 30, 1997, may be employed by any vendor, as defined in section 565.01 (7) of the statutes, immediately following the employe's termination of service.

(6pr) Submission of gaming commission reorganization plans to joint committee on finance.

(a) Implementation plan. The gaming commission and the secretaries of revenue and administration shall jointly develop a plan to transfer the operation and administration of the state lottery from the gaming commission to the department of revenue and shall submit the plan to the joint committee on finance by February 1, 1996. If the cochairpersons of the committee do not notify the gaming commission and the secretaries of revenue and administration within 14 working days after the date of the submission of the plan to the committee that the committee has scheduled a meeting for the purpose of reviewing the plan, the gaming commission and the secretaries of revenue and administration may proceed with the proposed plan. If, within 14 working days after the date of the submission of the plan, the cochairpersons of the committee notify the gaming commission and the secretaries of revenue and administration that the committee has scheduled a meeting for the purpose of reviewing the plan, the gaming commission and the secretaries of revenue and administration may not proceed with the proposed plan until the committee approves the plan. Notwithstanding section 13.10 (4) of the statutes, the governor does not have the authority to approve or object to any committee action under this paragraph.

(b) Lottery privatization plan. The gaming commission and the secretaries of revenue and administration shall jointly develop a plan relating to the privatization of the state lottery and shall submit the plan to the joint committee on finance by April 1, 1996. The plan shall address the implementation of contracts and contract oversight mechanisms involving sales administration, marketing, ticket warehousing, instant ticket data processing, telephone sales and ticket delivery and the plan shall specify the state employe position reductions associated with each privatization initiative. If the cochairpersons of the committee do not notify the gaming commission and the secretaries of revenue and administration within 14 working days after the date of the submission of the plan to the committee that the committee has scheduled a meeting for the purpose of reviewing the plan, the gaming commission and the secretaries of revenue and administration may proceed with the proposed plan. If, within 14 working days after the date of the submission of the plan, the cochairpersons of the committee notify the gaming commission and the secretaries of revenue and administration that the committee has scheduled a meeting for the purpose of reviewing the plan, the gaming commission and the secretaries of revenue and administration may not proceed with the proposed plan until the committee approves the plan. Notwithstanding section 13.10 (4) of the statutes, the governor does not have the authority to approve or object to any committee action under this paragraph.

(c) Coordination of gaming security functions plan. The gaming commission, a designee of the attorney general in the division of criminal investigation in the department of justice and the secretaries of revenue and administration shall jointly develop a plan relating to the coordination of gaming security functions and shall submit the plan to the joint committee on finance by June 1, 1996. The plan may allow, but not require, the contracting out of warehouse and building protection to the department of administration. If the cochairpersons of the committee do not notify the gaming commission, a designee of the attorney general in the division of criminal investigation in the department of justice and the secretaries of revenue and administration within 14 working days after the date of the submission of the plan to the committee that the committee has scheduled a meeting for the purpose of reviewing the plan, the gaming commission, a designee of the attorney general in the division of criminal investigation in the department of justice and the secretaries of revenue and administration may proceed with the proposed plan. If, within 14 working days after the date of the submission of the plan, the cochairpersons of the committee notify the gaming commission, a designee of the attorney general in the division of criminal investigation in the department of justice and the secretaries of revenue and administration that the committee has scheduled a meeting for the purpose of reviewing the plan, the gaming commission, a designee of the attorney general in the division of criminal investigation in the department of justice and the secretaries of revenue and administration may not proceed with the proposed plan until the committee approves the plan. Notwithstanding section 13.10 (4) of the statutes, the governor does not have the authority to approve or object to any committee action under this paragraph.

(6ps) Gaming commission reorganization.

(a) Assets and liabilities. On July 1, 1996, all assets and liabilities of the gaming commission shall become the assets and liabilities of the gaming board, except that those assets and liabilities that relate to the state lottery shall become the assets and liabilities of the department of revenue.

(b) Tangible personal property. On July 1, 1996, all tangible personal property, including records, of the gaming commission is transferred to the gaming board, except that the tangible personal property, including records, of the gaming commission that relate to the state lottery is transferred to the department of revenue.

1. Except as provided in subdivision 2., all contracts entered into by the gaming commission which are in effect on July 1, 1996, remain in effect and are transferred to the gaming board. The gaming board shall carry out any such contractual obligations until modified or rescinded by the gaming board to the extent allowed under the contract.

2. All contracts entered into by the gaming commission that relate to the state lottery which are in effect on July 1, 1996, remain in effect and are transferred to the department of revenue. The department of revenue shall carry out any such contractual obligations until modified or rescinded by the department of revenue to the extent allowed under the contract.

(d) Employe transfers and status. On July 1, 1996, all incumbent employes holding positions in the gaming commission are transferred to the gaming board, except that all incumbent employes holding positions in the gaming commission that are funded from the lottery fund are transferred to the department of revenue. Employes transferred under this paragraph have all rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed in the gaming commission. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class may be required to serve a probationary period.

(e) Pending matters.

1. Except as provided in subdivision 2., any matters pending with the gaming commission on July 1, 1996, are transferred to the gaming board and all materials submitted to or actions taken by the gaming commission with respect to any pending matter are considered as having been submitted to or taken by the gaming board.

2. Any matters pending with the gaming commission that relate to the state lottery on July 1, 1996, are transferred to the department of revenue and all materials submitted to or actions taken by the gaming commission with respect to any pending matter are considered as having been submitted to or taken by the department of revenue.

(f) Rules and orders. All rules promulgated by the gaming commission that relate to the state lottery and that are in effect on July 1, 1996, remain in effect until their specified expiration date or until amended or repealed by the gaming board. All orders issued by the gaming commission that relate to the state lottery and that are in effect on July 1, 1996, remain in effect until their specified expiration date or until modified or rescinded by the gaming board.

(6pt) Gaming commission members. Notwithstanding section 15.06 (1) (f), 1993 stats., the terms of all members of the gaming commission holding office under section 15.06 (1) (f), 1993 stats., shall expire on June 30, 1996.

(6pu) Initial terms of members of the gaming board. Notwithstanding section 15.64 of the statutes, as affected by this act, the initial term of one member of the gaming board shall expire on July 1, 2000, the initial term of 2 of the members of the gaming board shall expire on July 1, 1999, and the initial term of 2 of the members of the gaming board shall expire on July 1, 1998.

27,9124 Section 9124. Nonstatutory provisions; governor.

(1q) Family literacy advocate. The authorized FTE positions for the office of the governor, funded from the appropriation under section 20.525 (1) (a) of the statutes, are increased by 1.0 GPR position to serve as the family literacy advocate.

27,9125 Section 9125. Nonstatutory provisions; health and educational facilities authority.

(1) Rural hospital loan fund transfer. On August 1, 1995, the Wisconsin Health and Educational Facilities Authority shall transfer to the department of administration for deposit in the general fund any balance remaining in the rural hospital loan fund under section 231.36 of the statutes on that date, after deducting an amount sufficient to pay any outstanding claims, and to fund the outstanding guarantees, under the rural hospital loan guarantee program under section 231.35 of the statutes, as affected by this act.

27,9126 Section 9126. Nonstatutory provisions; health and social services.

(2) Fees for plan reviews of hospitals and nursing homes. Until the department of health and social services promulgates rules as required under sections 50.02 (2) (b) 2. and 50.36 (2) (b) of the statutes, as affected by this act, or until June 30, 1996, whichever is earlier, the department may, for conducting nursing home and hospital plan reviews under sections 50.02 (2) (b) 1. and 50.36 (2) (a) of the statutes, as affected by this act, collect fees that are equal in amount to the fees collectible on September 30, 1995, under sections 50.02 (2) (b) and 50.36 (2), 1993 stats., and for examination of nursing home and hospital plans under section 101.19 (1) (a), 1993 stats.

(3) Enhanced community integration program reimbursement. By January 1, 1996, and before providing enhanced reimbursement under section 46.278 (6) (e) of the statutes, as created by this act, the department of health and social services shall submit to the department of administration for approval the formula developed by the department of health and social services for determining the enhanced reimbursement rate.

(4) Community options program services in certain facilities. By October 1, 1995, the department of health and social services shall submit to the department of administration for approval the standards developed by the department of health and social services under section 46.27 (7) (cm) 2. of the statutes, as created by this act, for approving the provision of certain community options program services in certain community-based residential facilities.

(5) Standards and rules review and approval and emergency rules.

(a) By October 1, 1995, the department of health and social services shall submit all of the following to the department of administration for review and approval:

2. Proposed rules required under sections 46.27 (2) (h) 2. and 46.277 (5r) of the statutes, as created by this act, for the granting of hardship exceptions to the requirements under sections 46.27 (6r) (c) and 46.277 (5) (d) 3. of the statutes, as created by this act.

(b) The department of health and social services shall submit proposed rules required under sections 46.27 (2) (h) 2. and 46.277 (5r) of the statutes, as created by this act, to the legislative council staff for review under section 227.15 (1) of the statutes no later than November 1, 1995.

(c) Using the procedure under section 227.24 of the statutes, the department of health and social services shall promulgate rules required under sections 46.27 (2) (h) 2. and 46.277 (5r) of the statutes, as created by this act, for the period after December 30, 1995, and prior to the effective date of the rules submitted under paragraph (b) , but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating the rules under this paragraph.

(6) Rules on assisted living facilities. The department of health and social services shall submit proposed rules required under sections 49.45 (2) (a) 23. and 50.034 (2) of the statutes, as created by this act, to the department of administration for review no later than December 1, 1995. The department of health and social services shall submit the proposed rules, as approved by the department of administration, to the joint legislative council staff for review under section 227.15 (1) of the statutes no later than January 1, 1996.

(7m) School medical services emergency rule-making authority. Using the procedure under section 227.24 of the statutes, the department of health and social services shall promulgate rules required under section 49.45 (39) of the statutes, as created by this act, for the period before the effective date of permanent rules promulgated under section 49.45 (39) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department of health and social services is not required to make a finding of emergency.

(8) Rules for medical assistance services related to tuberculosis. Using the procedure under section 227.24 of the statutes, the department of health and social services may promulgate rules regarding the provision of medical assistance services under section 49.46 (2) (bm) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 49.46 (2) (bm) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

(13) General relief and relief of needy Indian persons. The department of health and social services shall submit in proposed form the rules required under section 49.02 (7m) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than October 1, 1995.

(14) Alcohol and other drug treatment programs. During fiscal year 1995-96, the department of health and social services shall allocate $400,000 from the appropriation under section 20.435 (6) (gb) of the statutes for alcohol and other drug treatment programs in community aids under section 46.40 of the statutes, as affected by this act.

(15) Transfer of certain public assistance programs.

(a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of health and social services that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, as determined by the secretary of administration, shall become the assets and liabilities of the department of industry, labor and human relations.

(b) Employe transfers.

1. All incumbent employes holding positions in the department of health and social services that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, as determined by the secretary of administration, are transferred on the effective date of this subdivision to the department of industry, labor and human relations.

2. Upon final determination of the personnel to be transferred to the department of industry, labor and human relations under subdivision 1., the secretary of health and social services and the secretary of industry, labor and human relations shall, by the date that is established for submittal of requests for consideration at the 4th quarterly meeting for 1995 of the joint committee on finance under section 13.10 of the statutes, request the joint committee on finance to transfer moneys between the general purpose revenue appropriations for the department of health and social services and the department of industry, labor and human relations, between the program revenue appropriations for the department of health and social services and the department of industry, labor and human relations, between the program revenue-service appropriations for the department of health and social services and the department of industry, labor and human relations and between the federal revenues appropriations for the department of health and social services and the department of industry, labor and human relations, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.

(c) Employe status. Employes transferred under paragraph (b) 1. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of industry, labor and human relations that they enjoyed in the department of health and social services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and social services that is primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, as determined by the secretary of administration, is transferred to the department of industry, labor and human relations.

(e) Contracts. All contracts entered into by the department of health and social services in effect on the effective date of this paragraph that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, as determined by the secretary of administration, remain in effect and are transferred to the department of industry, labor and human relations. The department of industry, labor and human relations shall carry out any such contractual obligations until modified or rescinded by the department of industry, labor and human relations to the extent allowed under the contracts.

(f) Rules and orders.

1. All rules promulgated by the department of health and social services that are in effect on the effective date of this subdivision and that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, remain in effect until their specified expiration date or until amended or repealed by the department of industry, labor and human relations. All orders issued by the department of health and social services that are in effect on the effective date of this subdivision and that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, remain in effect until their specified expiration date or until modified or rescinded by the department of industry, labor and human relations.

2. The secretary of health and social services and the secretary of industry, labor and human relations shall, by December 31, 1995, meet and specify the apportionment of rules and standards, between the 2 departments, with respect to the supervision of employes of county departments under sections 46.215, 46.22 and 46.23 of the statutes, as affected by this act, and with respect to eligibility requirements for certain programs of public assistance, in order to effect the intent of this act.

(g) Pending matters. Any matter pending with the department of health and social services on the effective date of this paragraph that is primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, is transferred to the department of industry, labor and human relations and all materials submitted to or actions taken by the department of health and social services with respect to the pending matter are considered as having been submitted to or taken by the department of industry, labor and human relations.

(16) Plan of reorganization. By April 1, 1996, the department of health and social services shall submit to the department of administration, for review, a proposed plan of reorganization, beginning on July 1, 1996, for the department of health and social services, in order to effect the intent of this act. After reviewing the proposed reorganization plan, the secretary of administration shall submit the plan, including any suggested modifications to the plan, no later than May 1, 1996, to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of the plan's submittal that the committee has scheduled a meeting to take place no later than June 30, 1996, for the purpose of reviewing the plan, the secretary of administration shall proceed with the reorganization plan, including the secretary's suggested modifications. If, within 14 working days after the date of the plan's submittal, the cochairpersons of the committee notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan, the secretary of administration shall proceed with the plan, after incorporating any changes to the plan that are made by the joint committee on finance at the meeting.

(17) Vocational rehabilitation subunit transfer.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and social services primarily related to the subunit of the department of health and social services that administers vocational rehabilitation services, as determined by the secretary of administration, shall become the assets and liabilities of the department of industry, labor and human relations, except that those assets and liabilities of the department of health and social services primarily related to nonvocational services for the hearing and visually impaired shall remain the assets and liabilities of the department of health and social services.

(b) Employe transfers.

1. All incumbent employes holding positions in the subunit of the department of health and social services that administers vocational rehabilitation services, as determined by the secretary of administration, are transferred on the effective date of this subdivision to the department of industry, labor and human relations, except that those incumbent employes in the department of health and social services primarily related to nonvocational services for the hearing and visually impaired shall remain in the department of health and social services.

2. Upon final determination of the personnel to be transferred to the department of industry, labor and human relations under subdivision 1. , the secretary of health and social services and the secretary of industry, labor and human relations shall, by the date that is established for submittal of requests for consideration at the 4th quarterly meeting for 1995 of the joint committee on finance under section 13.10 of the statutes, request the joint committee on finance to transfer moneys, as of July 1, 1996, between the general purpose revenue appropriations for the department of health and social services and the department of industry, labor and human relations, between the program revenue appropriations for the department of health and social services and the department of industry, labor and human relations, between the program revenue-service appropriations for the department of health and social services and the department of industry, labor and human relations and between the federal revenues appropriations for the department of health and social services and the department of industry, labor and human relations, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.

(c) Employe status. Employes transferred under paragraph (b) to the department of industry, labor and human relations have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes, in the department of industry, labor and human relations that they enjoyed in the subunit of the department of health and social services that administers vocational rehabilitation services before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and social services that is primarily related to the functions of the subunit of the department of health and social services that administers vocational rehabilitation services, as determined by the secretary of administration, is transferred to the department of industry, labor and human relations, except that the tangible personal property, including records, of the department of health and social services primarily related to nonvocational services for the hearing and visually impaired remain in the department of health and social services.

(e) Contracts. All contracts entered into by the department of health and social services primarily related to the subunit of the department of health and social services that administers vocational rehabilitation services in effect on the effective date of this paragraph remain in effect and are transferred to the department of industry, labor and human relations, except that those contracts primarily related to nonvocational services for the hearing and visually impaired remain in the department of health and social services. The secretary of industry, labor and human relations shall carry out any such contractual obligations, except that the secretary of health and social services shall carry out any contractual obligations primarily related to nonvocational services for the hearing and visually impaired.

(f) Contracts of the subunit of the department of health and social services that administers vocational rehabilitation services. All contracts entered into by the subunit of the department of health and social services that administers vocational rehabilitation services in effect on the effective date of this paragraph remain in effect and are transferred to the department of industry, labor and human relations, except those contracts primarily related to nonvocational services for the hearing and visually impaired shall remain in the department of health and social services. The department of industry, labor and human relations shall carry out any such contractual obligations, except that the secretary of health and social services shall carry out any contractual obligations primarily related to nonvocational services for the hearing and visually impaired.

(g) Rules and orders. All rules promulgated by the department of health and social services primarily related to the subunit of the department of health and social services that administers vocational rehabilitation services that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of industry, labor and human relations, except that those rules promulgated by the department of health and social services primarily related to nonvocational services to the hearing and visually impaired remain in effect until their expiration date or until amended or repealed by the department of health and social services. All orders issued by the department of health and social services primarily related to the subunit of the department of health and social services that administers vocational rehabilitation services that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of industry, labor and human relations, except that those orders issued by the department of health and social services primarily related to nonvocational services to the hearing and visually impaired remain in effect until their expiration date or until modified or rescinded by the department of health and social services.

(h) Pending matters. Any matter pending with the department of health and social services on the effective date of this paragraph primarily related to the subunit of the department of health and social services that administers vocational rehabilitation services, except any matter primarily related to nonvocational services for the hearing and visually impaired, is transferred to the department of industry, labor and human relations, and all materials submitted to or actions taken by the department of health and social services before the effective date of this paragraph with respect to pending matters, except pending matters primarily related to nonvocational services for the hearing and visually impaired, are considered as having been submitted to or taken by the department of industry, labor and human relations.

(i) Transfer proposals. After reviewing the proposed transfer of assets and liabilities under paragraph (a), employes under paragraph (b), tangible personal property under paragraph (d) and contracts under paragraphs (e) and (f), the secretary of administration shall submit the proposals, including any suggested modifications to the proposals, no later than June 1, 1996, to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of the proposals' submittal that the committee has scheduled a meeting to take place in June 1996, for the purpose of reviewing the proposals, the secretary of administration shall proceed with the proposals, including the secretary's suggested modifications. If, within 14 working days after the date of the proposal's submittal, the cochairpersons of the committee notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the proposals, the secretary of administration shall proceed with the proposals, after incorporating any changes to the proposals that are made by the joint committee on finance at the meeting.

(17m) Vocational rehabilitation report. The department of health and social services shall report to the joint committee on finance, at the committee's 2nd quarterly meeting in 1996 under section 13.10 of the statutes, on all of the following:

(a) The extent of the waiting list, if any, for vocational rehabilitation services and the measures taken by the department of health and social services to minimize the waiting list in order to comply with the provision under section 47.02 (3) (f) of the statutes to make vocational rehabilitation services available in every county to all handicapped persons who are present in this state regardless of residency.

(b) The amount of 3rd-party funding that will be available as a match to federal funds under 29 USC 701 to 796i in federal fiscal year 1996-97.

(c) Whether additional funding is necessary to fully capture available federal matching funds and the sources of funding that could be reallocated within the budget of the department of health and social services.

(18) State use board membership. Notwithstanding section 15.105 (22) of the statutes, as affected by this act, the member serving on the state use board as a representative of the subunit of health and social services that administers vocational rehabilitation laws shall continue to serve as a member of the state use board until his or her successor is appointed and qualifies.

(19) Agency name change.

(a) Wherever the term “health and social services" appears in the statutes, as affected by the acts of 1995, the term “health and family services" is substituted.

(b) Beginning on July 1, 1996, the department of health and family services has the powers and duties granted or assigned the department of health and social services by Sections 9101 to 9159 of this act that do not terminate before paragraph (a) takes effect. Beginning on July 1, 1996, the secretary of health and family services has the powers and duties granted or assigned the secretary of health and social services by Sections 9101 to 9159 of this act that do not terminate before paragraph (a) takes effect.

(22x) Sick leave policy. By October 1, 1995, the department of health and social services shall develop and implement a policy to address the use of scheduled and unscheduled leave, including sick leave, by employes of that department who are employed at the juvenile correctional institutions operated by that department and shall, by October 1, 1995, submit a report containing its findings and recommendations to the appropriate standing committees in the manner provided under section 13.172 (3) of the statutes and to the governor.

(23) Transfer of juvenile secured correctional facilities.

(a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of health and social services that are primarily related to the division of youth services in that department shall become the assets and liabilities of the department of corrections. The departments of health and social services and corrections shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall resolve the dispute and shall develop a plan for the orderly transfer thereof.

(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and social services that is primarily related to the division of youth services in that department is transferred to the department of corrections. The departments of health and social services and corrections shall jointly identify this tangible personal property, including records, and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall resolve the dispute and shall develop a plan for the orderly transfer thereof.

(c) Pending matters. Any matter pending with the department of health and social services on the effective date of this paragraph that is primarily related to the division of youth services in that department is transferred to the department of corrections. All materials submitted or actions taken by the department of health and social services with respect to the pending matter are considered as having been submitted to or taken by the department of corrections.

(d) Contracts. All contracts entered into by the department of health and social services in effect on the effective date of this paragraph that are primarily related to the division of youth services in that department remain in effect and are transferred to the department of corrections. The departments of health and social services and corrections shall jointly identify these contracts and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall resolve the dispute and shall develop a plan for the orderly transfer thereof.

(e) Rules and orders. All rules promulgated by the department of health and social services in effect on the effective date of this paragraph that are primarily related to the division of youth services in that department remain in effect until their specified expiration date or until amended or repealed by the department of corrections. All orders issued by the department of health and social services in effect on the effective date of this paragraph that are primarily related to the division of youth services in that department remain in effect until their specified expiration date or until modified or rescinded by the department of corrections.

(f) Transfer of positions and employes, change in funding source.

1m. All incumbent employes holding positions in the division of youth services in the department of health and social services, except for the incumbent employe holding the unclassified division administrator position, are transferred on the effective date of this subdivision to the department of corrections.

3. On the effective date of this subdivision, 1.5 FTE PR positions in the division of management services in the department of health and social services funded from the appropriation under section 20.435 (8) (k) of the statutes, as affected by the acts of 1995, and the incumbent employes holding those positions are transferred to the department of corrections, and the positions become 1.5 FTE GPR positions to be funded from the appropriation under section 20.410 (1) (a) of the statutes, as affected by the acts of 1995.

3m. On the effective date of this subdivision, 0.4 FTE PR position in the division of management services in the department of health and social services funded from the appropriation under section 20.435 (8) (k) of the statues, as affected by the acts of 1995, and the incumbent employe holding that position are transferred to the department of corrections, and the position becomes 0.4 FTE PR position to be funded from the appropriation under section 20.410 (1) (kk) of the statutes, as affected by the acts of 1995.