(b) Based on the information obtained by the department of health and social services under paragraph (a), the department shall submit recommendations for consideration at the 4th quarterly 1995 meeting of the joint committee on finance under section 13.10 of the statutes for expenditure of $50,000 from the appropriation under section 20.865 (4) of the statutes to expand data collection for the long-term support community options program.
(31g)Transfer of laboratory certification.
(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 certification of laboratories under section 252.22 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 agriculture, trade and consumer protection.
(b)Employe transfer. On the effective date of this paragraph, 2.5 FTE PR positions in the department of health and social services performing duties primarily related to the certification of laboratories under section 252.22 of the statutes, as affected by this act, as determined by the secretary of administration, and the incumbent employes holding those positions are transferred to the department of agriculture, trade and consumer protection.
(c)Employe status. The 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 agriculture, trade and consumer protection that the employes 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 certification of laboratories under section 252.22 of the statutes, as affected by this act, as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection.
(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 certification of laboratories under section 252.22 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 agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any such contractual obligations until modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contracts.
(f)Rules and orders. All rules promulgated by the department of health and social services that are in effect on the effective date of this paragraph and that are primarily related to the certification of laboratories under section 252.22 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 agriculture, trade and consumer protection. All orders issued by the department of health and social services that are in effect on the effective date of this paragraph and that are primarily related to the certification of laboratories under section 252.22 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 agriculture, trade and consumer protection.
(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 certification of laboratories under section 252.22 of the statutes, as affected by this act, is transferred to the department of agriculture, trade and consumer protection 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 agriculture, trade and consumer protection.
(h)Joint committee on finance review. 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 paragraph (e), 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 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 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 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.
(32g)Rules on estate recovery for disease aids costs.
(a) The department of health and social services shall submit proposed rules required under section 49.482 (5) 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 January 1, 1996.
(b) Using the procedures under section 227.24 of the statutes, the department of health and social services shall promulgate rules required under section 49.482 (5) of the statutes, as created by this act, for the period prior to the effective date of the rules submitted under paragraph (a), 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 is not required to make a finding of emergency.
27,9127 Section 9127. Nonstatutory provisions; higher educational aids board.
(1)   Elimination of agency.
(a)  Wherever the term "higher educational aids board" or "higher education aids board" appears in the statutes, as affected by the acts of 1995, the term "department of education" is substituted.
(b) Members of the council on financial aids in the higher educational aids board immediately prior to the effective date of this paragraph shall continue to serve as members of the council on financial aids in the department of education until they are removed by the secretary of education or their successors are appointed and qualify.
(c)  On the effective date of this paragraph, the assets and liabilities of the higher educational aids board shall become the assets and liabilities of the department of education.
(d)  All incumbent employes holding positions in the higher educational aids board, except the executive secretary of the board and the deputy to the executive secretary of the board, are transferred on the effective date of this paragraph to the department of education.
(e)  Employes transferred under paragraph (d) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of education that they enjoyed in the higher educational aids board 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.
(f)  On the effective date of this paragraph, all tangible personal property, including records, of the higher educational aids board is transferred to the department of education.
(g)  All contracts entered into by the higher educational aids board in effect on the effective date of this paragraph remain in effect and are transferred to the department of education. The department of education shall carry out any such contractual obligations until modified or rescinded by the department of education to the extent allowed under the contract.
(h)  All rules promulgated by the higher educational aids board 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 education. All orders issued by the higher educational aids board 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 secretary of education.
(i)  Any matter pending with the higher educational aids board on the effective date of this paragraph is transferred to the department of education and all materials submitted to or actions taken by the board with respect to the pending matter are considered as having been submitted to or taken by the department of education.
(1et)Minority undergraduate grants. Subject to section 39.44 (3) of the statutes, as affected by this act, no minority undergraduate enrolled in an eligible private institution may have the amount of a grant awarded under section 39.44 of the statutes, as affected by this act, for the 1995-96 or 1996-97 academic year reduced from the amount of any grant awarded under section 39.44 of the statutes to the minority undergraduate for the 1994-95 academic year.
27,9128 Section 9128.(5) Nonstatutory provisions; historical society.
(1x)Efficiency measures. By September 1, 1995, the historical society shall submit a report to the joint committee on finance recommending how savings in fiscal year 1995-96 of $49,000 and in fiscal year 1996-97 of $250,700 resulting from budgetary efficiency measures should be allocated among the historical society's general purpose revenue appropriations for state operations. If the cochairpersons of the committee do not notify the historical society that the committee has scheduled a meeting for the purpose of reviewing the report within 14 working days after the date of the submittal, the recommendation may be implemented as proposed by the historical society. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the historical society that the committee has scheduled a meeting for the purpose of reviewing the report, the recommendation may be implemented only upon approval of the committee.
27,9129 Section 9129.(4) Nonstatutory provisions; housing and economic development authority.
(1g)Wisconsin development reserve fund transfer. On the effective date of this subsection, the Wisconsin Housing and Economic Development Authority shall transfer to the department of administration for deposit in the general fund $240,900 from the Wisconsin development reserve fund under section 234.93 of the statutes.
27,9130 Section 9130. Nonstatutory provisions; industry, labor and human relations.
(1)   Hospital and nursing home plans review transfer.
(a)  Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of industry, labor and human relations primarily related to the review, under section 101.12 (intro.), 1993 stats., of essential drawings, calculations and specifications of hospitals and nursing homes, as determined by the secretary of administration, shall become the assets and liabilities of the department of health and social services.
(d)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the review, under section 101.12 (intro.), 1993 stats., of essential drawings, calculations and specifications of hospitals and nursing homes is transferred to the department of health and social services.
(e)  Contracts. All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this paragraph that are primarily related to the review, under section 101.12 (intro.), 1993 stats., of essential drawings, calculations and specifications of hospitals and nursing homes, as determined by the secretary of administration, remain in effect and are transferred to the department of health and social services. The department of health and social services shall carry out any such contractual obligations until modified or rescinded by the department of health and social services to the extent allowed under the contract.
(f)  Rules and orders. All rules promulgated by the department of industry, labor and human relations primarily related to the review, under section 101.12 (intro.), 1993 stats., of essential drawings, calculations and specifications of hospitals and nursing homes 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 health and social services. All orders issued by the department of industry, labor and human relations primarily related to the review, under section 101.12 (intro.), 1993 stats., of essential drawings, calculations and specifications of hospitals and nursing homes 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 health and social services.
(g)  Pending matters. Any matter pending with the department of industry, labor and human relations on the effective date of this paragraph that is primarily related to the review, under section 101.12 (intro.), 1993 stats., of essential drawings, calculations and specifications of hospitals and nursing homes is transferred to the department of health and social services and all materials submitted to or actions taken by the department of industry, labor and human relations with respect to the pending matter are considered as having been submitted to or taken by the department of health and social services.
(1g) Transfer of positions and employes relating to code development. On the effective date of this subsection, 8.3 FTE PR and 0.2 FTE SEG positions having duties primarily related to the development of the codes and rules of the division of safety and buildings in the department of industry, labor and human relations, as determined by the secretary of administration, are transferred from the department of industry, labor and human relations to the department of development. Employes transferred under this subsection have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of development that they enjoyed in the department of industry, labor and human relations 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.
(1m)Efficiency study. The labor and industry review 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 labor and industry review commission shall submit its findings and recommendations to the secretary of administration and the joint committee on finance by October 31, 1996.
(2)   Transfer of safety and buildings functions.
(a)  Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of industry, labor and human relations primarily related to the functions of the division of safety and buildings, as determined by the secretary of administration, shall become the assets and liabilities of the department of development.
(b)   Employe transfers.
1. All incumbent employes holding positions in the department of industry, labor and human relations performing duties primarily related to the functions of the division of safety and buildings, as determined by the secretary of administration, are transferred on the effective date of this subdivision to the department of development.
2. Upon final determination of the personnel to be transferred to the department of development under subdivision 1., the secretary of industry, labor and human relations and the secretary of development 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 industry, labor and human relations and the department of development, between the program revenue appropriations for the department of industry, labor and human relations and the department of development, between the program revenue-service appropriations for the department of industry, labor and human relations and the department of development and between the federal revenues appropriations for the department of industry, labor and human relations and the department of development, 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 development that they enjoyed in the department of industry, labor and human relations 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 industry, labor and human relations that is primarily related to the functions of the division of safety and buildings, as determined by the secretary of administration, is transferred to the department of development.
(e)  Contracts. All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this paragraph that are primarily related to the functions of the division of safety and buildings, as determined by the secretary of administration, remain in effect and are transferred to the department of development. The department of development shall carry out any such contractual obligations until modified or rescinded by the department of development to the extent allowed under the contracts.
(f)  Rules and orders. All rules promulgated by the department of industry, labor and human relations that are in effect on the effective date of this paragraph and that are primarily related to the functions of the division of safety and buildings remain in effect until their specified expiration date or until amended or repealed by the department of development. All orders issued by the department of industry, labor and human relations that are in effect on the effective date of this paragraph and that are primarily related to the functions of the division of safety and buildings remain in effect until their specified expiration date or until modified or rescinded by the department of development.
(g)  Pending matters. Any matter pending with the department of industry, labor and human relations on the effective date of this paragraph that is primarily related to the division of safety and buildings is transferred to the department of development and all materials submitted to or actions taken by the department of industry, labor and human relations with respect to any pending matter are considered as having been submitted to or taken by the department of development.
(2q)Transfer of relocation assistance program functions.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of industry, labor and human relations primarily related to the functions of the relocation assistance program, as determined by the secretary of administration, shall become the assets and liabilities of the department of development.
(b)Employe transfers. All incumbent employes holding positions in the department of industry, labor and human relations performing duties primarily related to the functions of the relocation assistance program, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of development.
(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 development that they enjoyed in the department of industry, labor and human relations 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 industry, labor and human relations that is primarily related to the functions of the relocation assistance program, as determined by the secretary of administration, is transferred to the department of development.
(e)Contracts. All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this paragraph that are primarily related to the functions of the relocation assistance program, as determined by the secretary of administration, remain in effect and are transferred to the department of development. The department of development shall carry out any such contractual obligations until modified or rescinded by the department of development to the extent allowed under the contracts.
(f)Rules and orders. All rules promulgated by the department of industry, labor and human relations that are in effect on the effective date of this paragraph and that are primarily related to the functions of the relocation assistance program remain in effect until their specified expiration date or until amended or repealed by the department of development. All orders issued by the department of industry, labor and human relations that are in effect on the effective date of this paragraph and that are primarily related to the functions of the relocation assistance program remain in effect until their specified expiration date or until modified or rescinded by the department of development.
(g)Pending matters. Any matter pending with the department of industry, labor and human relations on the effective date of this paragraph that is primarily related to the relocation assistance program is transferred to the department of development and all materials submitted to or actions taken by the department of industry, labor and human relations with respect to any pending matter are considered as having been submitted to or taken by the department of development.
(3)   Transfer of materials relating to councils being transferred to department of development.
(a)  Dwelling code council.
1.  `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the dwelling code council, as determined by the secretary of administration, is transferred to the department of development.
2.  `Contracts.' All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this subdivision that are primarily related to the functions of the dwelling code council, as determined by the secretary of administration, remain in effect and are transferred to the department of development. The department of development shall carry out any such contractual obligations unless modified or rescinded by the department of development to the extent allowed under the contract.
(b)  Contractor financial responsibility council.
1.  `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the contractor financial responsibility council, as determined by the secretary of administration, is transferred to the department of development.
2.  `Contracts.' All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this subdivision that are primarily related to the functions of the contractor financial responsibility council, as determined by the secretary of administration, remain in effect and are transferred to the department of development. The department of development shall carry out any such contractual obligations unless modified or rescinded by the department of development to the extent allowed under the contract.
(c)  Fire prevention council.
1.   `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the fire prevention council, as determined by the secretary of administration, is transferred to the department of development.
2.  `Contracts.' All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this subdivision that are primarily related to the functions of the fire prevention council, as determined by the secretary of administration, remain in effect and are transferred to the department of development. The department of development shall carry out any such contractual obligations unless modified or rescinded by the department of development to the extent allowed under the contract.
(d)  Plumbers council.
1.  `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the plumbers council, as determined by the secretary of administration, is transferred to the department of development.
2.  `Contracts.' All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this subdivision that are primarily related to the functions of the plumbers council, as determined by the secretary of administration, remain in effect and are transferred to the department of development. The department of development shall carry out any such contractual obligations unless modified or rescinded by the department of development to the extent allowed under the contract.
(e)  Automatic fire sprinkler system contractors and journeymen council.
1.  `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the automatic fire sprinkler system contractors and journeymen council, as determined by the secretary of administration, is transferred to the department of development.
2.  `Contracts.' All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this subdivision that are primarily related to the functions of the automatic fire sprinkler system contractors and journeymen council, as determined by the secretary of administration, remain in effect and are transferred to the department of development. The department of development shall carry out any such contractual obligations unless modified or rescinded by the department of development to the extent allowed under the contract.
(f)  Petroleum storage environmental cleanup council.
1.  `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the petroleum storage environmental cleanup council, as determined by the secretary of administration, is transferred to the department of development.
2.  `Contracts.' All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this subdivision that are primarily related to the functions of the petroleum storage environmental cleanup council, as determined by the secretary of administration, remain in effect and are transferred to the department of development. The department of development shall carry out any such contractual obligations unless modified or rescinded by the department of development to the extent allowed under the contract.
(g)  Multifamily dwelling code council.
1.  `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the department of industry, labor and human relations that is primarily related to the multifamily dwelling code council, as determined by the secretary of administration, is transferred to the department of development.
2.  `Contracts.' All contracts entered into by the department of industry, labor and human relations in effect on the effective date of this subdivision that are primarily related to the functions of the multifamily dwelling code council, as determined by the secretary of administration, remain in effect and are transferred to the department of development. The department of development shall carry out any such contractual obligations unless modified or rescinded by the department of development to the extent allowed under the contract.
(4)   Agency name change.
(a)  Wherever the term "industry, labor and human relations" appears in the statutes, as affected by the acts of 1995, the term "industry, labor and job development" is substituted.
(b)  Beginning on July 1, 1996, the department of industry, labor and job development has the powers and duties granted or assigned the department of industry, labor and human relations 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 industry, labor and job development has the powers and duties granted or assigned the secretary of industry, labor and human relations by Sections 9101 to 9159 of this act that do not terminate before paragraph (a) takes effect.
(5)  Plan for the termination of duplicative employment and training bodies. No later than January 15, 1996, the governor's council on workforce excellence under section 15.227 (24) of the statutes, as created by this act, shall submit to the secretary of administration, to the lieutenant governor and to the cochairpersons of the joint committee on finance a plan for the termination of each council created in chapter 14 or 15 of the statutes, as affected by this act, and each commission or board created in or attached to an office, department or independent agency under chapter 14 or 15 of the statutes, as affected by this act, whose duties and responsibilities duplicate the duties and responsibilities of the governor's council on workforce excellence under section 101.262 of the statutes, as created by this act, or whose duties and responsibilities can be taken over by the council. The secretary of administration and lieutenant governor shall evaluate the plan and shall consider whether to recommend the termination of any council, commission or board specified in the plan under this subsection. If the secretary or lieutenant governor determines that a council, commission or board should be terminated, the secretary or lieutenant governor shall, no later than April 15, 1996, submit a report to the cochairpersons of the joint committee on finance containing proposed legislation providing for such termination effective on July 1, 1996. If the secretary and the lieutenant governor both determine that a council, commission or board should be terminated, the secretary and lieutenant governor shall submit the report jointly. This subsection does not apply to any council, commission or board that is created or terminated under any act of the 1995-96 legislature regardless of the effective date of that creation or termination.
(6)  Employment and education program boundary plan. No later than January 15, 1996, the governor's council on workforce excellence under section 15.227 (24) of the statutes, as created by this act, shall submit to the secretary of administration a plan that realigns the boundaries of the service delivery areas under 29 USC 1511, the public employment office districts under 29 USC 49 to 49n and any other substate boundaries for the local administration of employment and education programs so that those boundaries are contiguous with the boundaries of the technical college districts under section 38.06 of the statutes. Under the plan, a substate employment and education boundary may not split a technical college district but may, however, include more than one technical college district.
(7)  Departmental reorganization plan. No later than February 15, 1996, the secretary of industry, labor and human relations shall submit to the secretary of administration, for review, a proposed plan of reorganization, beginning on July 1, 1996, that structures the functions and personnel of the department of industry, labor and human relations including the division of workforce excellence under section 15.223 (2) of the statutes, as created by this act, so as to give effect to 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.
(14g) Efficiency measures. Before the first quarterly meeting in 1996 of the joint committee on finance, the department of industry, labor and human relations shall submit a plan to the joint committee on finance for providing budgetary efficiency measures by combining new and existing career counseling centers with job centers.
(14t)Optical imaging project.
(a) Of the moneys appropriated to the department of industry, labor and human relations under section 20.445 (1) (ha) of the statutes, $619,900 for fiscal year 1995-96 and $101,700 for fiscal year 1996-97 is allocated for a worker's compensation optical imaging project and may not be encumbered or expended until the secretary of administration submits to the cochairpersons of the joint committee on finance and the cochairpersons of the joint committee on information policy a report which includes all of the following:
1. The results of a review of the project by the division of technology management in the department of administration.
2. The specific objectives of the optical imaging project.
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