AB150: Bill Text

AB150,2373,2 (b)   Wherever the term "secretary of development" appears in the statutes, as affected by the acts of 1995, the term "secretary of commerce" is substituted.

AB150,2373,8 (c)  Beginning on July 1, 1996, the department of commerce has the powers and duties granted or assigned the department of development 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 commerce has the powers and duties granted or assigned the secretary of development by Sections 9101 to 9159 of this act that do not terminate before paragraph (b) takes effect.

AB150,2373,17 (6)  Study on business development functions. The department of development shall conduct a study that analyzes its business development functions and those of the small business development centers managed by the University of Wisconsin-Extension. As part of the study, the department of development shall determine whether greater efficiency would likely be achieved through a consolidation of those functions. By December 31, 1995, the department of development shall submit a report of its findings, conclusions and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes, to the governor and to the secretary of administration.

AB150, s. 9117 Section 9117. Nonstatutory provisions; educational communications board.

AB150,2373,20 (1)   Transfer of transmission and engineering functions to the department of administration.

AB150,2374,2 (a)  Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the educational communications board primarily related to the transmission and engineering functions of the board, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

AB150,2374,8 (b)   Employe transfers. Subjecct to paragraph (d) , all incumbent employes holding positions in the educational communications board performing duties that are primarily related to the transmission and engineering functions of the board or to administrative and support services for such functions, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of administration.

AB150,2374,14 (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 educational communications 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.

AB150,2374,15 (d)   Implementation plan; employe transfers.

AB150,2374,19 1.  The department of administration shall, no later than June 1, 1997, submit to the cochairpersons of the joint committee on finance an implementation plan for employe transfers not determined by the secretary of administration under paragraph (b) . The plan shall become effective no later than July 1, 1997.

AB150,2375,4 2.  The plan submitted under subdivision 1. may include provision for transfer of any incumbent employes holding positions in the educational communications board performing duties that are primarily related to the transmission and engineering functions of the board or to administrative and support services for such functions to the department on the effective date of the plan. Employes transferred under this subdivision have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department that they enjoyed in the agency by which they were employed 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.

AB150,2375,6 3.  Upon submittal of the plan in accordance with this paragraph, the department of administration may implement the plan.

AB150,2375,11 (e)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the educational communications board that is primarily related to the transmission and engineering functions of the board, as determined by the secretary of administration, is transferred to the department of administration.

AB150,2375,18 (f)  Contracts. All contracts entered into by the educational communications board in effect on the effective date of this paragraph that are primarily related to the transmission and engineering functions of the board, as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any such contractual obligations until modified or rescinded by the department of administration to the extent allowed under the contract.

AB150,2376,2 (g)  Rules and orders. All rules promulgated by the educational communications board that are in effect on the effective date of this paragraph and that are primarily related to the transmission and engineering functions of the board remain in effect until their specified expiration date or until amended or repealed by the department of administration. All orders issued by the educational communications board that are in effect on the effective date of this paragraph and that are primarily related to the transmission and engineering functions of the board remain in effect until their specified expiration date or until modified or rescinded by the department of administration.

AB150,2376,9 (h)  Pending matters. Any matter pending with the educational communications board on the effective date of this paragraph that is primarily related to the transmission and engineering functions of the board is transferred to the department of administration and all materials submitted to or actions taken by the educational communications board with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB150, s. 9119 Section 9119. Nonstatutory provisions; employe trust funds.

AB150,2376,16 (1)  Assignment of benefits report. The department of employe trust funds and the department of health and social services shall jointly submit a report to the secretary of administration by December 1, 1995, proposing the most cost-effective way to allow a person's benefits under the Wisconsin retirement system to be assigned to another person pursuant to a court order under section 767.265 of the statutes.

AB150, s. 9120 Section 9120. Nonstatutory provisions; employment relations commission.

AB150,2377,2 (1)  Adjudication of claims arising before termination of coverage. Notwithstanding Section 9420 (2) of this act, any employe of the University of Wisconsin Hospitals and Clinics Authority who was included in a collective bargaining unit under subchapter V of chapter 111 of the statutes to which a collective bargaining agreement applied on June 30, 1997, may file or pursue any claim arising prior to July 1, 1997, that may be affected by that agreement or any rights granted under that agreement until the claim is appropriately adjudicated and any appropriate relief is granted.

AB150,2377,3 (2)   Elimination of commission.

AB150,2377,6 (a)  Name change. Wherever the term "employment relations commission" appears in the statutes, as affected by the acts of 1995, the term "employment commission" is substituted.

AB150,2377,10 (b)   Incumbent commissioners. An incumbent commissioner of the employment relations commission immediately prior to the effective date of this paragraph may not continue as a commissioner of the employment commission unless he or she is appointed to that commission as a commissioner.

AB150,2377,13 (c)  Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the employment relations commission shall become the assets and liabilities of the employment commission.

AB150,2377,17 (d)   Employe transfers. All incumbent employes holding positions in the employment relations commission, except the commissioners under paragraph (b) , are transferred on the effective date of this paragraph to the employment commission.

AB150,2377,23 (e)  Employe status. 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 employment commission that they enjoyed in the employment relations commission 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.

AB150,2378,3 (f)  Tangible personal property, records. On the effective date of this paragraph, all tangible personal property, including records, of the employment relations commission is transferred to the employment commission.

AB150,2378,8 (g)  Contracts. All contracts entered into by the employment relations commission in effect on the effective date of this paragraph remain in effect and are transferred to the employment commission. The employment commission shall carry out any such contractual obligations until modified or rescinded by the employment commission to the extent allowed under the contract.

AB150,2378,14 (h)  Rules and orders. All rules promulgated by the employment relations commission 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 employment commission. All orders issued by the employment relations commission 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 employment commission.

AB150,2378,19 (i)  Pending matters. Any matter pending with the employment relations commission on the effective date of this paragraph is transferred to the employment commission and all materials submitted to or actions taken by the employment relations commission with respect to the pending matter are considered as having been submitted to or taken by the employment commission.

AB150,2378,20 (3)   Council on municipal collective bargaining.

AB150,2378,25 (a)  Tangible personal property, records. On the effective date of this paragraph, all tangible personal property, including records, of the employment relations commission that is primarily related to the functions of the council on municipal collective bargaining, as determined by the secretary of administration, is transferred to the employment commission.

AB150,2379,7 (b)  Contracts. All contracts entered into by the employment relations commission in effect on the effective date of this paragraph that are primarily related to the functions of the council on municipal collective bargaining, as determined by the secretary of administration, remain in effect and are transferred to the employment commission. The employment commission shall carry out any such contractual obligations until modified or rescinded by the employment commission to the extent allowed under the contract.

AB150, s. 9123 Section 9123. Nonstatutory provisions; gaming commission.

AB150,2379,9 (1)  Management consultation services for gaming contracts.

AB150,2379,19 (a)  Notwithstanding section 20.922 (1) of the statutes, no person may be appointed to a position in the gaming commission whose primary responsibility is to provide management consultation services regarding the administration of any contract for processing instant ticket and on-line lottery services, unless the appointment is first approved by the secretary of administration. Notwithstanding section 230.25 of the statutes, if the appointment is in the classified service, the gaming commission may request the administrator of the division of merit recruitment and selection in the department of employment relations to submit the name of an additional applicant to replace any applicant for the position whose appointment is disapproved by the secretary of administration.

AB150,2379,20 (b)  This subsection does not apply after June 30, 1997.

AB150,2379,22 (2)  Contracting for services performed by gaming commission; disposition of tangible personal property.

AB150,2380,5 (a)  The secretary of administration and the gaming commission shall jointly develop and implement a plan for the orderly disposition of all tangible personal property, including records, of the gaming commission that is primarily related to the performance of functions that have been eliminated after the effective date of this paragraph as a result of the gaming commission contracting outside of state government for the performance of such functions. In the event of a disagreement between the secretary of administration and the gaming commission, the secretary of administration shall resolve the dispute.

AB150,2380,6 (b)  This subsection does not apply after June 30, 1998.

AB150,2380,10 (3)  Administration of simulcast racing. The gaming commission shall administer section 562.057 (4) of the statutes, as affected by this act, on a case-by-case basis during the period prior to the effective date of the rules promulgated under section 562.057 (5) of the statutes, as created by this act.

AB150,2380,15 (4)  Submission of animal testing rules to legislative council staff. The gaming commission shall submit the proposed rules under section 562.09 (2) (b) 2. of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 3rd month after the effective date of this subsection.

AB150,2380,19 (5)  Administration of animal testing. The gaming commission shall administer section 562.09 (2) (b) 2. of the statutes, as affected by this act, on a case-by-case basis during the period prior to the effective date of the rules promulgated under section 562.09 (2) (b) 2. of the statutes, as affected by this act.

AB150,2380,22 (6)  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 December 31, 1995.

AB150,2381,5 (7)  Initial terms of members of the gaming commission. Notwithstanding section 15.06 (1) (f) of the statutes, as affected by this act, the initial term of the member of the gaming commission appointed under section 15.06 (1) (f) 1. of the statutes, as affected by this act, shall expire on July 1, 2000, the initial term of one of the members of the gaming commission appointed under section 15.06 (1) (f) 2. of the statutes, as created by this act, shall expire on July 1, 1997, and the initial term of one of the members of the gaming commission appointed under section 15.06 (1) (f) 2. of the statutes, as created by this act, shall expire on July 1, 1998.

AB150,2381,11 (8)  Lottery conflict of interest laws. Notwithstanding section 565.05 (1) (a) of the statutes, an employe of the gaming commission, whose position at the gaming commission is eliminated between the effective date of this subsection and June 30, 1997, may be employed by any vendor, as defined in section 565.01 (7) of the statutes, immediately following the employe's termination of service with the gaming commission.

AB150, s. 9124 Section 9124. Nonstatutory provisions; governor.

AB150,2381,19 (1)  Committee expenditures; civil service reform. Notwithstanding section 16.40 (14) of the statutes, the governor may authorize a committee created by executive order, for the purpose of studying civil service reform, to make expenditures from the appropriation under section 20.505 (3) (a) of the statutes for an amount up to $25,000 during the 1995-97 fiscal biennium without submitting a budget for all expenditures made or to be made to the joint committee on finance or without the approval of the joint committee on finance.

AB150, s. 9125 Section 9125. Nonstatutory provisions; health and educational facilities authority.

AB150,2382,3 (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.

AB150, s. 9126 Section 9126. Nonstatutory provisions; health and social services.

AB150,2382,8 (1)  Rules on rural medical centers. The department of health and social services shall submit proposed rules required under section 50.51 (2) 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 July 1, 1996.

AB150,2382,16 (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 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, 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.

AB150,2382,22 (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.

AB150,2383,3 (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.

AB150,2383,4 (5)  Standards and rules review and approval and emergency rules.

AB150,2383,7 (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:

AB150,2383,9 1.  Proposed standards for the granting of a waiver under sections 46.27 (3) (f) and 46.277 (2) (e) of the statutes, as created by this act.

AB150,2383,13 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.

AB150,2383,17 (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.

AB150,2384,2 (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.

AB150,2384,9 (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 50.02 (2) (am) 3. 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.

AB150,2384,13 (7)   Medical assistance school services. The department of health and social services shall submit in proposed form the rules required under section 49.45 (39) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than March 1, 1996.

AB150,2384,23 (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.

AB150,2385,9 (9)  Family cap waiver emergency rule-making authority. Using the procedure under section 227.24 of the statutes, the department of health and social services or, beginning on July 1, 1996, the department of industry, labor and human relations may promulgate the rules under section 49.19 (11s) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 49.19 (11s) 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 that promulgates emergency rules need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

AB150,2385,19 (10)  Orientation and job search waiver. Using the procedure under section 227.24 of the statutes, the department of health and social services or, beginning on July 1, 1996, the department of industry, labor and human relations may promulgate the rules under section 49.193 (3m) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 49.193 (3m) 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 that promulgates emergency rules need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

AB150,2386,4 (11)  Pay for performance rules. Using the procedure under section 227.24 of the statutes, the department of health and social services or, beginning on July 1, 1996, the department of industry, labor and human relations may promulgate the rules under section 49.193 (9m) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 49.193 (9m) 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 that promulgates emergency rules need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

AB150,2386,6 (12)  Study and report on license denial, suspension, restriction, revocation or nonrenewal for failure to pay support.

AB150,2386,9 (a)   Study. The department of health and social services shall conduct a study on the issue of placing limitations on licenses for failure to pay child or family support. In its study, the department shall address at least all of the following:

AB150,2386,11 1.  What licensed activities or occupations are amenable to limitation for nonpayment of child or family support.

AB150,2386,13 2.  The feasibility and effectiveness of such types of limitations as denials of initial issuance, suspensions, revocations, nonrenewals and specified restrictions.

AB150,2386,15 3.  How such a program can be implemented and coordinated with other agencies.

AB150,2386,17 4.  The administrative costs of such a program, including the implementation costs.

AB150,2386,18 5.  The estimated increase in support collections as a result of such a program.

AB150,2386,23 (b)  Report. No later than December 1, 1995, the department of health and social services shall submit to the department of administration and the joint committee on finance a report on the results of the study under paragraph (a) , along with the conclusions and recommendations of the department of health and social services.

AB150,2387,3 (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 (5) (am) and (7) (a) 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.

AB150,2387,7 (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.

AB150,2387,8 (15)  Transfer of certain public assistance programs.

AB150,2387,13 (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.

AB150,2387,14 (b)   Employe transfers.

AB150,2387,19 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.

AB150,2388,9 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.

AB150,2388,15 (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.

AB150,2388,20 (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.

AB150,2389,3 (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.

AB150,2389,4 (f)  Rules and orders.

AB150,2389,14 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.

AB150,2389,20 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 and with respect to eligibility requirements for certain programs of public assistance, in order to effect the intent of this act.

AB150,2390,2 (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.