AB150-engrossed,2564,2
232. All contracts entered into by the gaming commission that relate to the state
24lottery which are in effect on July 1, 1996, remain in effect and are transferred to the
25department of revenue. The department of revenue shall carry out any such
1contractual obligations until modified or rescinded by the department of revenue to
2the extent allowed under the contract.
AB150-engrossed,2564,11
3(d) Employe transfers and status. On July 1, 1996, all incumbent employes
4holding positions in the gaming commission are transferred to the gaming board,
5except that all incumbent employes holding positions in the gaming commission that
6are funded from the lottery fund are transferred to the department of revenue.
7Employes transferred under this paragraph have all rights and the same status
8under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed
9in the gaming commission. Notwithstanding section 230.28 (4) of the statutes, no
10employe so transferred who has attained permanent status in class may be required
11to serve a probationary period.
AB150-engrossed,2564,12
12(e) Pending matters.
AB150-engrossed,2564,16
131. Except as provided in subdivision 2., any matters pending with the gaming
14commission on July 1, 1996, are transferred to the gaming board and all materials
15submitted to or actions taken by the gaming commission with respect to any pending
16matter are considered as having been submitted to or taken by the gaming board.
AB150-engrossed,2564,21
172. Any matters pending with the gaming commission that relate to the state
18lottery on July 1, 1996, are transferred to the department of revenue and all
19materials submitted to or actions taken by the gaming commission with respect to
20any pending matter are considered as having been submitted to or taken by the
21department of revenue.
AB150-engrossed,2565,2
22(f) Rules and orders. All rules promulgated by the gaming commission that
23relate to the state lottery and that are in effect on July 1, 1996, remain in effect until
24their specified expiration date or until amended or repealed by the gaming board.
25All orders issued by the gaming commission that relate to the state lottery and that
1are in effect on July 1, 1996, remain in effect until their specified expiration date or
2until modified or rescinded by the gaming board.
AB150-engrossed,2565,5
3(6pt) Gaming commission members. Notwithstanding section 15.06 (1) (f), 1993
4stats., the terms of all members of the gaming commission holding office under
5section 15.06 (1) (f), 1993 stats., shall expire on June 30, 1996.
AB150-engrossed,2565,10
6(6pu) Initial terms of members of the gaming board. Notwithstanding section
715.64 of the statutes, as affected by this act, the initial term of one member of the
8gaming board shall expire on July 1, 2000, the initial term of 2 of the members of the
9gaming board shall expire on July 1, 1999, and the initial term of 2 of the members
10of the gaming board shall expire on July 1, 1998.
AB150-engrossed,2565,18
12(1)
Rural hospital loan fund transfer. On August 1, 1995, the Wisconsin
13Health and Educational Facilities Authority shall transfer to the department of
14administration for deposit in the general fund any balance remaining in the rural
15hospital loan fund under section 231.36 of the statutes on that date, after deducting
16an amount sufficient to pay any outstanding claims, and to fund the outstanding
17guarantees, under the rural hospital loan guarantee program under section 231.35
18of the statutes, as affected by this act.
AB150-engrossed,2566,4
20(2)
Fees for plan reviews of hospitals and nursing homes. Until the
21department of health and social services promulgates rules as required under
22sections 50.02 (2) (b) 2. and 50.36 (2) (b) of the statutes, as affected by this act, or until
23June 30, 1996, whichever is earlier, the department may, for conducting nursing
24home and hospital plan reviews under sections 50.02 (2) (b) 1. and 50.36 (2) (a) of the
1statutes, as affected by this act, collect fees that are equal in amount to the fees
2collectible on September 30, 1995, under sections 50.02 (2) (b) and 50.36 (2), 1993
3stats., and for examination of nursing home and hospital plans under section 101.19
4(1) (a), 1993 stats.
AB150-engrossed,2566,10
5(3)
Enhanced community integration program reimbursement. By January
61, 1996, and before providing enhanced reimbursement under section 46.278 (6) (e)
7of the statutes, as created by this act, the department of health and social services
8shall submit to the department of administration for approval the formula developed
9by the department of health and social services for determining the enhanced
10reimbursement rate.
AB150-engrossed,2566,16
11(4)
Community options program services in certain facilities. By October 1,
121995, the department of health and social services shall submit to the department
13of administration for approval the standards developed by the department of health
14and social services under section 46.27 (7) (cm) 2. of the statutes, as created by this
15act, for approving the provision of certain community options program services in
16certain community-based residential facilities.
AB150-engrossed,2566,17
17(5)
Standards and rules review and approval and emergency rules.
AB150-engrossed,2566,20
18(a) By October 1, 1995, the department of health and social services shall
19submit all of the following to the department of administration for review and
20approval:
AB150-engrossed,2566,24
212. Proposed rules required under sections 46.27 (2) (h) 2. and 46.277 (5r) of the
22statutes, as created by this act, for the granting of hardship exceptions to the
23requirements under sections 46.27 (6r) (c) and 46.277 (5) (d) 3. of the statutes, as
24created by this act.
AB150-engrossed,2567,4
1(b)
The department of health and social services shall submit proposed rules
2required under sections 46.27 (2) (h) 2. and 46.277 (5r) of the statutes, as created by
3this act, to the legislative council staff for review under section 227.15 (1) of the
4statutes no later than November 1, 1995.
AB150-engrossed,2567,13
5(c) Using the procedure under section 227.24 of the statutes, the department
6of health and social services shall promulgate rules required under sections 46.27 (2)
7(h) 2. and 46.277 (5r) of the statutes, as created by this act, for the period after
8December 30, 1995, and prior to the effective date of the rules submitted under
9paragraph (b) , but not to exceed the period authorized under section 227.24 (1) (c)
10and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the
11statutes, the department need not provide evidence of the necessity of preservation
12of the public peace, health, safety or welfare in promulgating the rules under this
13paragraph.
AB150-engrossed,2567,20
14(6)
Rules on assisted living facilities. The department of health and social
15services shall submit proposed rules required under sections 49.45 (2) (a) 23. and
1650.034 (2) of the statutes, as created by this act, to the department of administration
17for review no later than December 1, 1995. The department of health and social
18services shall submit the proposed rules, as approved by the department of
19administration, to the joint legislative council staff for review under section 227.15
20(1) of the statutes no later than January 1, 1996.
AB150-engrossed,2567,24
21(7)
Medical assistance school services. The department of health and social
22services shall submit in proposed form the rules required under section 49.45 (39) of
23the statutes, as created by this act, to the legislative council staff under section
24227.15 (1) of the statutes no later than March 1, 1996.
AB150-engrossed,2568,10
1(8)
Rules for medical assistance services related to tuberculosis. Using
2the procedure under section 227.24 of the statutes, the department of health and
3social services may promulgate rules regarding the provision of medical assistance
4services under section 49.46 (2) (bm) of the statutes, as created by this act, for the
5period before the effective date of the permanent rules promulgated under section
649.46 (2) (bm) of the statutes, as created by this act, but not to exceed the period
7authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding
8section 227.24 (1) and (3) of the statutes, the department need not provide evidence
9of the necessity of preservation of the public peace, health, safety or welfare in
10promulgating rules under this subsection.
AB150-engrossed,2568,14
11(13)
General relief and relief of needy Indian persons. The department of
12health and social services shall submit in proposed form the rules required under
13section 49.02 (7m) of the statutes, as created by this act, to the legislative council staff
14under section 227.15 (1) of the statutes no later than October 1, 1995.
AB150-engrossed,2568,19
15(14)
Alcohol and other drug treatment programs. During fiscal year
161995-96, the department of health and social services shall allocate $400,000 from
17the appropriation under section 20.435 (6) (gb) of the statutes for alcohol and other
18drug treatment programs in community aids under section 46.40 of the statutes, as
19affected by this act.
AB150-engrossed,2568,20
20(15)
Transfer of certain public assistance programs.
AB150-engrossed,2568,25
21(a) Assets and liabilities. On the effective date of this paragraph, all assets and
22liabilities of the department of health and social services that are primarily related
23to the programs in subchapter III of chapter 49 of the statutes, as affected by this act,
24as determined by the secretary of administration, shall become the assets and
25liabilities of the department of industry, labor and human relations.
AB150-engrossed,2569,1
1(b)
Employe transfers.
AB150-engrossed,2569,6
21. All incumbent employes holding positions in the department of health and
3social services that are primarily related to the programs in subchapter III of chapter
449 of the statutes, as affected by this act, as determined by the secretary of
5administration, are transferred on the effective date of this subdivision to the
6department of industry, labor and human relations.
AB150-engrossed,2569,21
72. Upon final determination of the personnel to be transferred to the
8department of industry, labor and human relations under subdivision 1., the
9secretary of health and social services and the secretary of industry, labor and human
10relations shall, by the date that is established for submittal of requests for
11consideration at the 4th quarterly meeting for 1995 of the joint committee on finance
12under section 13.10 of the statutes, request the joint committee on finance to transfer
13moneys between the general purpose revenue appropriations for the department of
14health and social services and the department of industry, labor and human
15relations, between the program revenue appropriations for the department of health
16and social services and the department of industry, labor and human relations,
17between the program revenue-service appropriations for the department of health
18and social services and the department of industry, labor and human relations and
19between the federal revenues appropriations for the department of health and social
20services and the department of industry, labor and human relations, if necessary to
21adjust previously allocated costs in accordance with the transfer of personnel.
AB150-engrossed,2570,2
22(c) Employe status. Employes transferred under paragraph (b) 1. have all the
23rights and the same status under subchapter V of chapter 111 and chapter 230 of the
24statutes in the department of industry, labor and human relations that they enjoyed
25in the department of health and social services immediately before the transfer.
1Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who
2has attained permanent status in class is required to serve a probationary period.
AB150-engrossed,2570,7
3(d) Tangible personal property. On the effective date of this paragraph, all
4tangible personal property, including records, of the department of health and social
5services that is primarily related to the programs in subchapter III of chapter 49 of
6the statutes, as affected by this act, as determined by the secretary of administration,
7is transferred to the department of industry, labor and human relations.
AB150-engrossed,2570,15
8(e) Contracts. All contracts entered into by the department of health and social
9services in effect on the effective date of this paragraph that are primarily related
10to the programs in subchapter III of chapter 49 of the statutes, as affected by this act,
11as determined by the secretary of administration, remain in effect and are
12transferred to the department of industry, labor and human relations. The
13department of industry, labor and human relations shall carry out any such
14contractual obligations until modified or rescinded by the department of industry,
15labor and human relations to the extent allowed under the contracts.
AB150-engrossed,2570,16
16(f) Rules and orders.
AB150-engrossed,2571,2
171. All rules promulgated by the department of health and social services that
18are in effect on the effective date of this subdivision and that are primarily related
19to the programs in subchapter III of chapter 49 of the statutes, as affected by this act,
20remain in effect until their specified expiration date or until amended or repealed by
21the department of industry, labor and human relations. All orders issued by the
22department of health and social services that are in effect on the effective date of this
23subdivision and that are primarily related to the programs in subchapter III of
24chapter 49 of the statutes, as affected by this act, remain in effect until their specified
1expiration date or until modified or rescinded by the department of industry, labor
2and human relations.
AB150-engrossed,2571,9
32. The secretary of health and social services and the secretary of industry,
4labor and human relations shall, by December 31, 1995, meet and specify the
5apportionment of rules and standards, between the 2 departments, with respect to
6the supervision of employes of county departments under sections 46.215, 46.22 and
746.23 of the statutes, as affected by this act, and with respect to eligibility
8requirements for certain programs of public assistance, in order to effect the intent
9of this act.
AB150-engrossed,2571,16
10(g) Pending matters. Any matter pending with the department of health and
11social services on the effective date of this paragraph that is primarily related to the
12programs in subchapter III of chapter 49 of the statutes, as affected by this act, is
13transferred to the department of industry, labor and human relations and all
14materials submitted to or actions taken by the department of health and social
15services with respect to the pending matter are considered as having been submitted
16to or taken by the department of industry, labor and human relations.
AB150-engrossed,2571,17
17(15g) Transfer of child support and paternity programs.
AB150-engrossed,2571,22
18(a) Assets and liabilities. On the effective date of this paragraph, all assets and
19liabilities of the department of health and social services that are primarily related
20to the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by
21this act, as determined by the secretary of administration, shall become the assets
22and liabilities of the department of revenue.
AB150-engrossed,2571,23
23(b) Employe transfers.
AB150-engrossed,2572,3
241. All incumbent employes holding positions in the department of health and
25social services that are primarily related to the programs in sections 73.25, 73.255
1and 73.258 of the statutes, as affected by this act, as determined by the secretary of
2administration, are transferred on the effective date of this subdivision to the
3department of revenue.
AB150-engrossed,2572,16
42. Upon final determination of the personnel to be transferred to the
5department of revenue under subdivision 1., the secretary of health and social
6services and the secretary of revenue shall, by the date that is established for
7submittal of requests for consideration at the 4th quarterly meeting for 1995 of the
8joint committee on finance under section 13.10 of the statutes, request the joint
9committee on finance to transfer moneys between the general purpose revenue
10appropriations for the department of health and social services and the department
11of revenue, between the program revenue appropriations for the department of
12health and social services and the department of revenue, between the program
13revenue-service appropriations for the department of health and social services and
14the department of revenue and between the federal revenues appropriations for the
15department of health and social services and the department of revenue, if necessary
16to adjust previously allocated costs in accordance with the transfer of personnel.
AB150-engrossed,2572,22
17(c) Employe status. Employes transferred under paragraph (b) 1. have all the
18rights and the same status under subchapter V of chapter 111 and chapter 230 of the
19statutes in the department of revenue that they enjoyed in the department of health
20and social services immediately before the transfer. Notwithstanding section 230.28
21(4) of the statutes, no employe so transferred who has attained permanent status in
22class is required to serve a probationary period.
AB150-engrossed,2573,2
23(d) Tangible personal property. On the effective date of this paragraph, all
24tangible personal property, including records, of the department of health and social
25services that is primarily related to the programs in sections 73.25, 73.255 and
173.258 of the statutes, as affected by this act, as determined by the secretary of
2administration, is transferred to the department of revenue.
AB150-engrossed,2573,9
3(e) Contracts. All contracts entered into by the department of health and social
4services in effect on the effective date of this paragraph that are primarily related
5to the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by
6this act, as determined by the secretary of administration, remain in effect and are
7transferred to the department of revenue. The department of revenue shall carry out
8any such contractual obligations until modified or rescinded by the department of
9revenue to the extent allowed under the contracts.
AB150-engrossed,2573,18
10(f) Rules and orders. All rules promulgated by the department of health and
11social services that are in effect on the effective date of this paragraph and that are
12primarily related to the programs in sections 73.25, 73.255 and 73.258 of the
13statutes, as affected by this act, remain in effect until their specified expiration date
14or until amended or repealed by the department of revenue. All orders issued by the
15department of health and social services that are in effect on the effective date of this
16paragraph and that are primarily related to the programs in sections 73.25, 73.255
17and 73.258 of the statutes, as affected by this act, remain in effect until their specified
18expiration date or until modified or rescinded by the department of revenue.
AB150-engrossed,2573,25
19(g) Pending matters. Any matter pending with the department of health and
20social services on the effective date of this paragraph that is primarily related to any
21of the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by
22this act, is transferred to the department of revenue and all materials submitted to
23or actions taken by the department of health and social services with respect to the
24pending matter are considered as having been submitted to or taken by the
25department of revenue.
AB150-engrossed,2574,16
1(16)
Plan of reorganization. By April 1, 1996, the department of health and
2social services shall submit to the department of administration, for review, a
3proposed plan of reorganization, beginning on July 1, 1996, for the department of
4health and social services, in order to effect the intent of this act. After reviewing the
5proposed reorganization plan, the secretary of administration shall submit the plan,
6including any suggested modifications to the plan, no later than May 1, 1996, to the
7joint committee on finance. If the cochairpersons of the committee do not notify the
8secretary of administration within 14 working days after the date of the plan's
9submittal that the committee has scheduled a meeting to take place no later than
10June 30, 1996, for the purpose of reviewing the plan, the secretary of administration
11shall proceed with the reorganization plan, including the secretary's suggested
12modifications. If, within 14 working days after the date of the plan's submittal, the
13cochairpersons of the committee notify the secretary of administration that the
14committee has scheduled a meeting for the purpose of reviewing the plan, the
15secretary of administration shall proceed with the plan, after incorporating any
16changes to the plan that are made by the joint committee on finance at the meeting.
AB150-engrossed,2574,17
17(17)
Vocational rehabilitation subunit transfer.
AB150-engrossed,2575,2
18(a)
Assets and liabilities. On the effective date of this paragraph, the assets
19and liabilities of the department of health and social services primarily related to the
20subunit of the department of health and social services that administers vocational
21rehabilitation services, as determined by the secretary of administration, shall
22become the assets and liabilities of the department of industry, labor and human
23relations, except that those assets and liabilities of the department of health and
24social services primarily related to nonvocational services for the hearing and
1visually impaired shall remain the assets and liabilities of the department of health
2and social services.
AB150-engrossed,2575,3
3(b)
Employe transfers.
AB150-engrossed,2575,10
41. All incumbent employes holding positions in the subunit of the department
5of health and social services that administers vocational rehabilitation services, as
6determined by the secretary of administration, are transferred on the effective date
7of this subdivision to the department of industry, labor and human relations, except
8that those incumbent employes in the department of health and social services
9primarily related to nonvocational services for the hearing and visually impaired
10shall remain in the department of health and social services.
AB150-engrossed,2576,2
112. Upon final determination of the personnel to be transferred to the
12department of industry, labor and human relations under subdivision 1. , the
13secretary of health and social services and the secretary of industry, labor and human
14relations shall, by the date that is established for submittal of requests for
15consideration at the 4th quarterly meeting for 1995 of the joint committee on finance
16under section 13.10 of the statutes, request the joint committee on finance to transfer
17moneys, as of July 1, 1996, between the general purpose revenue appropriations for
18the department of health and social services and the department of industry, labor
19and human relations, between the program revenue appropriations for the
20department of health and social services and the department of industry, labor and
21human relations, between the program revenue-service appropriations for the
22department of health and social services and the department of industry, labor and
23human relations and between the federal revenues appropriations for the
24department of health and social services and the department of industry, labor and
1human relations, if necessary to adjust previously allocated costs in accordance with
2the transfer of personnel.
AB150-engrossed,2576,10
3(c)
Employe status. Employes transferred under paragraph (b)
to the
4department of industry, labor and human relations have all the rights and the same
5status under subchapter V of chapter 111 and chapter 230 of the statutes, in the
6department of industry, labor and human relations that they enjoyed in the subunit
7of the department of health and social services that administers vocational
8rehabilitation services before the transfer. Notwithstanding section 230.28 (4) of the
9statutes, no employe so transferred who has attained permanent status in class is
10required to serve a probationary period.
AB150-engrossed,2576,19
11(d)
Tangible personal property. On the effective date of this paragraph, all
12tangible personal property, including records, of the department of health and social
13services that is primarily related to the functions of the subunit of the department
14of health and social services that administers vocational rehabilitation services, as
15determined by the secretary of administration, is transferred to the department of
16industry, labor and human relations, except that the tangible personal property,
17including records, of the department of health and social services primarily related
18to nonvocational services for the hearing and visually impaired remain in the
19department of health and social services.
AB150-engrossed,2577,4
20(e)
Contracts. All contracts entered into by the department of health and social
21services primarily related to the subunit of the department of health and social
22services that administers vocational rehabilitation services in effect on the effective
23date of this paragraph remain in effect and are transferred to the department of
24industry, labor and human relations, except that those contracts primarily related
25to nonvocational services for the hearing and visually impaired remain in the
1department of health and social services. The secretary of industry, labor and human
2relations shall carry out any such contractual obligations, except that the secretary
3of health and social services shall carry out any contractual obligations primarily
4related to nonvocational services for the hearing and visually impaired.
AB150-engrossed,2577,15
5(f)
Contracts of the subunit of the department of health and social services that
6administers vocational rehabilitation services. All contracts entered into by the
7subunit of the department of health and social services that administers vocational
8rehabilitation services in effect on the effective date of this paragraph remain in
9effect and are transferred to the department of industry, labor and human relations,
10except those contracts primarily related to nonvocational services for the hearing
11and visually impaired shall remain in the department of health and social services.
12The department of industry, labor and human relations shall carry out any such
13contractual obligations, except that the secretary of health and social services shall
14carry out any contractual obligations primarily related to nonvocational services for
15the hearing and visually impaired.
AB150-engrossed,2578,7
16(g)
Rules and orders. All rules promulgated by the department of health and
17social services primarily related to the subunit of the department of health and social
18services that administers vocational rehabilitation services that are in effect on the
19effective date of this paragraph remain in effect until their specified expiration date
20or until amended or repealed by the department of industry, labor and human
21relations, except that those rules promulgated by the department of health and social
22services primarily related to nonvocational services to the hearing and visually
23impaired remain in effect until their expiration date or until amended or repealed
24by the department of health and social services. All orders issued by the department
25of health and social services primarily related to the subunit of the department of
1health and social services that administers vocational rehabilitation services that
2are in effect on the effective date of this paragraph remain in effect until their
3specified expiration date or until modified or rescinded by the department of
4industry, labor and human relations, except that those orders issued by the
5department of health and social services primarily related to nonvocational services
6to the hearing and visually impaired remain in effect until their expiration date or
7until modified or rescinded by the department of health and social services.
AB150-engrossed,2578,18
8(h)
Pending matters. Any matter pending with the department of health and
9social services on the effective date of this paragraph primarily related to the subunit
10of the department of health and social services that administers vocational
11rehabilitation services, except any matter primarily related to nonvocational
12services for the hearing and visually impaired, is transferred to the department of
13industry, labor and human relations, and all materials submitted to or actions taken
14by the department of health and social services before the effective date of this
15paragraph with respect to pending matters, except pending matters primarily
16related to nonvocational services for the hearing and visually impaired, are
17considered as having been submitted to or taken by the department of industry, labor
18and human relations.
AB150-engrossed,2579,819
(i)
Transfer proposals. After reviewing the proposed transfer of assets and
20liabilities under paragraph (a), employes under paragraph (b), tangible personal
21property under paragraph (d) and contracts under paragraphs (e) and (f), the
22secretary of administration shall submit the proposals, including any suggested
23modifications to the proposals, no later than June 1, 1996, to the joint committee on
24finance. If the cochairpersons of the committee do not notify the secretary of
25administration within 14 working days after the date of the proposals' submittal that
1the committee has scheduled a meeting to take place in June 1996, for the purpose
2of reviewing the proposals, the secretary of administration shall proceed with the
3proposals, including the secretary's suggested modifications. If, within 14 working
4days after the date of the proposal's submittal, the cochairpersons of the committee
5notify the secretary of administration that the committee has scheduled a meeting
6for the purpose of reviewing the proposals, the secretary of administration shall
7proceed with the proposals, after incorporating any changes to the proposals that are
8made by the joint committee on finance at the meeting.
AB150-engrossed,2579,11
9(17m) Vocational rehabilitation report. The department of health and social
10services shall report to the joint committee on finance, at the committee's 2nd
11quarterly meeting in 1996 under section 13.10 of the statutes, on all of the following:
AB150-engrossed,2579,16
12(a) The extent of the waiting list, if any, for vocational rehabilitation services
13and the measures taken by the department of health and social services to minimize
14the waiting list in order to comply with the provision under section 47.02 (3) (f) of the
15statutes to make vocational rehabilitation services available in every county to all
16handicapped persons who are present in this state regardless of residency.
AB150-engrossed,2579,18
17(b) The amount of 3rd-party funding that will be available as a match to
18federal funds under
29 USC 701 to
796i in federal fiscal year 1996-97.
AB150-engrossed,2579,21
19(c) Whether additional funding is necessary to fully capture available federal
20matching funds and the sources of funding that could be reallocated within the
21budget of the department of health and social services.
AB150-engrossed,2580,2
22(18)
State use board membership. Notwithstanding section 15.105 (22) of the
23statutes, as affected by this act, the member serving on the state use board as a
24representative of the subunit of health and social services that administers
1vocational rehabilitation laws shall continue to serve as a member of the state use
2board until his or her successor is appointed and qualifies.
AB150-engrossed,2580,3
3(19)
Agency name change.
AB150-engrossed,2580,5
4(a) Wherever the term "health and social services" appears in the statutes, as
5affected by the acts of 1995, the term "health and family services" is substituted.
AB150-engrossed,2580,12
6(b) Beginning on July 1, 1996, the department of health and family services
7has the powers and duties granted or assigned the department of health and social
8services by
Sections 9101 to 9159 of this act that do not terminate before paragraph
9(a) takes effect. Beginning on July 1, 1996, the secretary of health and family
10services has the powers and duties granted or assigned the secretary of health and
11social services by
Sections 9101 to 9159 of this act that do not terminate before
12paragraph (a) takes effect.
AB150-engrossed,2580,19
13(22x) Sick leave policy. By October 1, 1995, the department of health and
14social services shall develop and implement a policy to address the use of scheduled
15and unscheduled leave, including sick leave, by employes of that department who are
16employed at the juvenile correctional institutions operated by that department and
17shall, by October 1, 1995, submit a report containing its findings and
18recommendations to the appropriate standing committees in the manner provided
19under section 13.172 (3) of the statutes and to the governor.
AB150-engrossed,2580,20
20(23)
Transfer of juvenile secured correctional facilities.
AB150-engrossed,2581,3
21(a)
Assets and liabilities. On the effective date of this paragraph, all assets
22and liabilities of the department of health and social services that are primarily
23related to the division of youth services in that department shall become the assets
24and liabilities of the department of corrections. The departments of health and social
25services and corrections shall jointly determine these assets and liabilities and shall
1jointly develop and implement a plan for the orderly transfer thereof. In the event
2of any disagreement between the departments, the secretary of administration shall
3resolve the dispute and shall develop a plan for the orderly transfer thereof.
AB150-engrossed,2581,12
4(b)
Tangible personal property. On the effective date of this paragraph, all
5tangible personal property, including records, of the department of health and social
6services that is primarily related to the division of youth services in that department
7is transferred to the department of corrections. The departments of health and social
8services and corrections shall jointly identify this tangible personal property,
9including records, and shall jointly develop and implement a plan for the orderly
10transfer thereof. In the event of any disagreement between the departments, the
11secretary of administration shall resolve the dispute and shall develop a plan for the
12orderly transfer thereof.
AB150-engrossed,2581,18
13(c)
Pending matters. Any matter pending with the department of health and
14social services on the effective date of this paragraph that is primarily related to the
15division of youth services in that department is transferred to the department of
16corrections. All materials submitted or actions taken by the department of health
17and social services with respect to the pending matter are considered as having been
18submitted to or taken by the department of corrections.
AB150-engrossed,2582,2
19(d)
Contracts. All contracts entered into by the department of health and
20social services in effect on the effective date of this paragraph that are primarily
21related to the division of youth services in that department remain in effect and are
22transferred to the department of corrections. The departments of health and social
23services and corrections shall jointly identify these contracts and shall jointly
24develop and implement a plan for the orderly transfer thereof. In the event of any
1disagreement between the departments, the secretary of administration shall
2resolve the dispute and shall develop a plan for the orderly transfer thereof.
AB150-engrossed,2582,10
3(e)
Rules and orders. All rules promulgated by the department of health and
4social services in effect on the effective date of this paragraph that are primarily
5related to the division of youth services in that department remain in effect until
6their specified expiration date or until amended or repealed by the department of
7corrections. All orders issued by the department of health and social services in effect
8on the effective date of this paragraph that are primarily related to the division of
9youth services in that department remain in effect until their specified expiration
10date or until modified or rescinded by the department of corrections.
AB150-engrossed,2582,11
11(f)
Transfer of positions and employes, change in funding source.
AB150-engrossed,2582,15
121m. All incumbent employes holding positions in the division of youth services
13in the department of health and social services, except for the incumbent employe
14holding the unclassified division administrator position, are transferred on the
15effective date of this subdivision to the department of corrections.
AB150-engrossed,2582,22
163. On the effective date of this subdivision, 1.5 FTE PR positions in the
17division of management services in the department of health and social services
18funded from the appropriation under section 20.435 (8) (k) of the statutes, as affected
19by the acts of 1995, and the incumbent employes holding those positions are
20transferred to the department of corrections, and the positions become 1.5 FTE GPR
21positions to be funded from the appropriation under section 20.410 (1) (a) of the
22statutes, as affected by the acts of 1995.
AB150-engrossed,2583,4
233m. On the effective date of this subdivision, 0.4 FTE PR position in the
24division of management services in the department of health and social services
25funded from the appropriation under section 20.435 (8) (k) of the statues, as affected
1by the acts of 1995, and the incumbent employe holding that position are transferred
2to the department of corrections, and the position becomes 0.4 FTE PR position to be
3funded from the appropriation under section 20.410 (1) (kk) of the statutes, as
4affected by the acts of 1995.
AB150-engrossed,2583,11
55. On the effective date of this subdivision, 6.1 FTE GPR positions in the
6division of management services in the department of health and social services
7funded from the appropriation under section 20.435 (8) (a) of the statutes, as affected
8by the acts of 1995, and the incumbent employes holding those positions are
9transferred to the department of corrections, and the positions become 3.0 FTE GPR
10positions to be funded from the appropriation under section 20.410 (1) (a) of the
11statutes, as affected by the acts of 1995.
AB150-engrossed,2583,16
126. The departments of health and social services and corrections shall jointly
13determine the employes to be transferred under subdivisions 1m., 3., 3m. and 5. and
14shall jointly develop and implement a plan for the orderly transfer thereof. In the
15event of any disagreement between the departments, the secretary of administration
16shall resolve the dispute and shall develop a plan for the orderly transfer thereof.
AB150-engrossed,2584,2
177. Upon final determination of the personnel to be transferred to the
18department of corrections under subdivisions 1m., 3., 3m. and 5., the joint committee
19on finance shall, by December 31, 1996, transfer moneys between the general
20purpose revenue appropriations for the department of health and social services and
21the department of corrections, between the program revenue appropriations for the
22department of health and social services and the department of corrections, between
23the program revenue-service appropriations for the department of health and social
24services and the department of corrections and between the federal revenues
25appropriations for the department of health and social services and the department
1of corrections, if necessary to adjust previously allocated costs in accordance with the
2transfer of personnel.
AB150-engrossed,2584,8
3(g)
Employe status. Employes transferred under paragraph (f)
have all the
4same rights and status under subchapter V of chapter 111 and chapter 230 of the
5statutes in the department of corrections that they enjoyed in the department of
6health and social services immediately before the transfer. Notwithstanding section
7230.28 (4) of the statutes, no employe so transferred who has attained permanent
8status in class is required to serve a probationary period.
AB150-engrossed,2584,15
9(h)
Custody. On the effective date of this paragraph, all persons who are under
10the legal custody or supervision of the department of health and social services are
11transferred to the supervision of the department of corrections. The departments of
12health and social services and corrections shall jointly determine those persons and
13shall jointly develop a plan for the orderly transfer thereof. In the event of any
14disagreement between the departments, the secretary of administration shall
15resolve the dispute and shall develop a plan for the orderly transfer thereof.
AB150-engrossed,2585,8
16(24x) Efficiency measures. Before September 1, 1995, the department of
17health and social services shall submit a report to the joint committee on finance
18recommending how savings in fiscal year 1995-96 of $703,100 and in fiscal year
191996-97 of $1,406,200 resulting from budget efficiency measures should be allocated
20among the department's general purpose revenue general program operations
21appropriations for programs under section 20.435 of the statutes and how many
22positions should be abolished. If the cochairpersons of the committee do not notify
23the department of health and social services that the committee has scheduled a
24meeting for the purpose of reviewing the report within 14 working days after the date
25of the submittal of the report by the department of health and social services, the
1recommendations of the report may be implemented as proposed by the department
2of health and social services. If, within 14 working days after the date of the
3submittal of the report by the department of health and social services, the
4cochairpersons of the committee notify the department that the committee has
5scheduled a meeting for the purpose of reviewing the report, the recommendations
6of the report may be implemented only upon approval of the committee.
7Notwithstanding section 16.505 (1) of the statutes, as affected by this act, the
8department or the committee may abolish positions under this subsection.
AB150-engrossed,2585,9
9(26j) Contract with Red Cliff Band of Lake Superior Chippewas.
AB150-engrossed,2585,19
10(a) The department of health and social services shall establish a pilot project
11under which the Red Cliff Band of Lake Superior Chippewas may directly negotiate
12a contract with the department of health and social services to provide certain social
13services for tribal members who reside within the boundaries of the reservation of
14the Red Cliff Band of Lake Superior Chippewas. Specific programs, services and
15funding levels that are to be provided under the project shall be determined by
16negotiations between the department of health and social services and the Red Cliff
17Band of Lake Superior Chippewas and shall be specified in the contract. As a
18condition of the contract, the Red Cliff Band of Lake Superior Chippewas shall
19contract for performance of an independent evaluation of the project.
AB150-engrossed,2585,20
20(b) This subsection does not apply after June 30, 1997.
AB150-engrossed,2585,23
21(26t) Capacity building for early and intensive intervention services. A
22county that receives funding under section 46.263 (1), 1993 stats., during the first
236 months of 1995 may expend that funding at any time during calendar year 1995.
AB150-engrossed,2586,6
24(26v) Secured juvenile correctional facility. The department of health and
25social services, with the approval of the governor, may purchase or accept a gift of
1land and an existing facility for a suitable site for an additional secured correctional
2facility, as defined in section 48.02 (15m) of the statutes, as affected by this act, for
3delinquent boys and renovate and equip such buildings as it considers necessary for
4that purpose. The facility shall be financed by
Section 9108 (1) (d) 1. of this act, shall
5be located at a site selected by the building commission and shall be operational by
6July 1, 1996.