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 The department of revenue shall carry out any such contractual obligations until modified or rescinded by the department of revenue to the extent allowed under the contract.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and that are in effect on July 1, 1996, remain in effect until their specified expiration date or until amended or repealed by the gaming board.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and that are in effect on July 1, 1996, remain in effect until their specified expiration date or until modified or rescinded by the gaming board.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.
5. On the effective date of this subdivision, 6.1 FTE GPR positions in the division of management services in the department of health and social services funded from the appropriation under section 20.435 (8) (a) 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 3.0 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.
6. The departments of health and social services and corrections shall jointly determine the employes to be transferred under subdivisions 1m., 3., 3m. and 5. 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.
7. Upon final determination of the personnel to be transferred to the department of corrections under subdivisions 1m., 3., 3m. and 5., the joint committee on finance shall, by December 31, 1996, transfer moneys between the general purpose revenue appropriations for the department of health and social services and the department of corrections, between the program revenue appropriations for the department of health and social services and the department of corrections, between the program revenue-service appropriations for the department of health and social services and the department of corrections and between the federal revenues appropriations for the department of health and social services and the department of corrections, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.
(g) Employe status. Employes transferred under paragraph (f) have all the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of corrections 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.
(h) Custody. On the effective date of this paragraph, all persons who are under the legal custody or supervision of the department of health and social services are transferred to the supervision of the department of corrections. The departments of health and social services and corrections shall jointly determine those persons and shall jointly develop 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.
(24x)
Efficiency measures. Before September 1, 1995, the department of health and social services shall submit a report to the joint committee on finance recommending how savings in fiscal year 1995-96 of $703,100
and in fiscal year 1996-97 of $1,406,200 resulting from budget efficiency measures should be allocated among the department's general purpose revenue general program operations appropriations for programs under section 20.435 of the statutes and how many positions should be abolished. If the cochairpersons of the committee do not notify the department of health and social services that the committee has scheduled a meeting for the purpose of reviewing the report within 14 working days after the date of the submittal of the report by the department of health and social services, the recommendations of the report may be implemented as proposed by the department of health and social services. If, within 14 working days after the date of the submittal of the report by the department of health and social services, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the report, the recommendations of the report may be implemented only upon approval of the committee. Notwithstanding section 16.505 (1) of the statutes, as affected by this act, the department or the committee may abolish positions under this subsection.
(26j)
Contract with Red Cliff Band of Lake Superior Chippewas.
(a) The department of health and social services shall establish a pilot project under which the Red Cliff Band of Lake Superior Chippewas may directly negotiate a contract with the department of health and social services to provide certain social services for tribal members who reside within the boundaries of the reservation of the Red Cliff Band of Lake Superior Chippewas. Specific programs, services and funding levels that are to be provided under the project shall be determined by negotiations between the department of health and social services and the Red Cliff Band of Lake Superior Chippewas and shall be specified in the contract. As a condition of the contract, the Red Cliff Band of Lake Superior Chippewas shall contract for performance of an independent evaluation of the project.
(b) This subsection does not apply after June 30, 1997.
(26t)
Capacity building for early and intensive intervention services. A county that receives funding under section 46.263 (1), 1993 stats., during the first 6 months of 1995 may expend that funding at any time during calendar year 1995.
(26v)
Secured juvenile correctional facility. The department of health and social services, with the approval of the governor, may purchase or accept a gift of land and an existing facility for a suitable site for an additional secured correctional facility, as defined in section 48.02 (15m) of the statutes, as affected by this act, for delinquent boys and renovate and equip such buildings as it considers necessary for that purpose. The facility shall be financed by Section 9108 (1) (d) 1. of this act, shall be located at a site selected by the building commission and shall be operational by July 1, 1996.
(26y)
Juvenile psychologist positions. If the department of health and social services is unable to fill 2.0 PR vacant psychologist positions at the Lincoln Hills school in fiscal year 1995-96, that department shall use $93,600 from the appropriation under section 20.435 (3) (hm) of the statutes, as affected by this act, sections 829 and 830, to hire one or more limited-term employe psychologists or to contract for the provision of psychological services at the Lincoln Hills school.
(27) Funeral, burial and cemetery expenses. No later than January 1, 1996, the department of health and social services shall amend the state plan for aid to families with dependent children under 42 USC 602 to make the funeral, burial and cemetery expenses paid under section 49.19 (5) (d) of the statutes, as affected by this act, a special-needs item under 45 CFR 233.20 (a) (2) (v).
(27g)
Transfer of child welfare services. The department of health and social services shall submit to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor, by April 1, 1996, a proposal to transfer the duty and authority to provide child welfare services in a county that has a population of 500,000 or more from the county department of social services of that county to the department of health and social services. The proposal shall provide an implementation plan for the department of health and social services to provide child welfare services in that county or to contract for the provision of child welfare services in that county, or both, beginning on January 1, 1998, and shall consider all funds expended from state and federal revenues, the county tax levy and any other source of revenue for child welfare services in that county, as determined by the department of health and social services. The county from which the duty and authority to provide child welfare services would be transferred by the proposal under this subsection shall maintain in 1996 and 1997 the same level of expenditure for child welfare services from state and federal revenues, the county tax levy and any other source of revenue as that county expended in 1995 for child welfare services, as determined by the department of health and social services.
(27h)
Plan for transfer of agency health functions. By July 1, 1996, after first consulting with representatives of local health departments and other state agencies, as defined in section 20.001 (1) of the statutes, the department of health and social services shall develop and submit
to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor
a plan to transfer to a department health functions that are performed by state agencies. The plan shall include an inventory of all authorized positions and funding of the
affected state agencies that are associated with the health functions.
(27i)
Low-income energy assistance.
(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 functions of the low-income energy assistance program, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.
(b) Employe transfers. All incumbent employes holding positions in the department of health and social services performing duties primarily related to the low-income energy assistance program, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of administration.
(c) Employe status. Employes transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration 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.
