5. Department of financial institutions.
6. Department of health and family services.
7. Department of natural resources.
8. Department of regulation and licensing.
9. Department of revenue.
10. Department of transportation.
11. Department of workforce development.
12. Office of the commissioner of insurance.
SECTION 11. 343.33 (2) of the statutes is amended to read:
343.33 (2) Upon the hearing, the department or its a hearing examiner may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. No law enforcement officer or other witness produced by the person who has requested a hearing to testify on his or her behalf shall be paid a witness fee by the department nor shall any law enforcement officer called to appear for the department be paid any witness fee. All testimony shall be taken and transcribed.
SECTION 9155. Nonstatutory provisions; other.
(1) TRANSFER OF ATTORNEY AND LEGAL STAFF POSITIONS.
(a) Definitions. In this subsection:
1. "Legal staff" means the individuals as determined by the secretary of administration who provide support services for attorneys.
2. "State agency" means an office, commission, department, independent agency, or board in the executive branch of state government, except the following:
a. The public service commission.
b. The public defender board.
c. The Board of Regents of the University of Wisconsin System.
d. The University of Wisconsin Hospitals and Clinics Board.
e. The state of Wisconsin investment board.
f. The office of the governor.
g. The elections board.
h. The ethics board.
i. The department of justice.
j. The employment relations commission.
(b) State agency attorneys and legal staff. Except as provided in paragraph (d) and subject to paragraph (e), on the effective date of this paragraph all attorney positions in state agencies and all legal staff positions in state agencies are transferred to the division of legal services in the department of administration.
(c) Department of justice tax litigation attorneys. On the effective date of this paragraph, 2 attorney positions in the department of justice with duties entailing tax litigation are transferred to the division of legal services in the department of administration. The secretary of administration shall identify the positions to be transferred.
(d) Hearing officers, hearing examiners, and administrative law judges.
1. Except as provided in subdivision 2. and subject to paragraph (e), on the effective date of this subdivision all positions identified by the secretary of administration as hearing officers, hearing examiners, or administrative law judges are transferred to the division of hearings and appeals in the department of administration.
2. Subdivision 1. does not apply to hearing officers, hearing examiners, or administrative law judges in the department of workforce development.
(e) Exceptions. Paragraphs (b) and (d) do not apply to any of the following:
1. State employees working in an office of a district attorney under section 978.12 (1) (b) or (c) of the statutes.
2. One lead attorney in the office of state employment relations whose duties include the negotiation and interpretation of collective bargaining agreements entered into under subchapter V of chapter 111.
3. One attorney position in each of the following state agencies, identified by the secretary of administration as the general counsel or lead attorney position:
a. Department of administration.
b. Department of agriculture, trade, and rural resources.
c. Department of commerce.
d. Department of corrections.
e. Department of employee trust funds.
f. Department of financial institutions.
g. Department of health and family services.
h. Department of military affairs.
i. Department of natural resources.
j. Department of public instruction.
k. Department of regulation and licensing.
l. Department of revenue.
m. Department of transportation.
n. Department of veterans affairs.
o. Department of workforce development.
p. Office of the commissioner of insurance.
(f) Incumbents. All incumbent employees holding positions that are transferred under paragraphs (b), (c), and (d) are transferred on the effective date of this paragraph to the department of administration. Employees transferred under these paragraphs 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 their respective state agencies immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.
(g) Materials. On the effective date of this paragraph, all equipment, supplies, and furniture required for the provision of legal services by employees transferred under paragraphs (b), (c), and (d) are transferred to the department of administration. The secretary of administration shall identify the equipment, supplies, and furniture to be transferred.
(2) LAPSE OR TRANSFER OF CERTAIN APPROPRIATION BALANCES FROM MONEYS ALLOCATED FOR LEGAL SERVICES TO THE GENERAL FUND.
(a) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, except as provided in paragraph (b), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of the appropriations to state agencies, as defined in subsection (1) (a) 2., other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $724,900 during the 2005-07 fiscal biennium. The secretary of administration shall lapse or transfer these moneys from allocations for agency legal services that would have been provided in that fiscal biennium with funding from those appropriations.
(b) The secretary of administration may not lapse or transfer moneys to the general fund from any appropriation under paragraph (a) if the lapse or transfer would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate the federal or state constitution.
SECTION 9455. Effective dates; other.
(1) TRANSFER OF ATTORNEY POSITIONS. The treatment of sections 15.04 (4), 15.103 (1g), 16.004 (15), 20.505 (1) (kr), 73.01 (4) (b) and (4m) (b) and (c), 85.013 (2) (a), 230.08 (2) (e) 1. and (eg), and 343.33 (2) of the statutes and SECTION 9155 (1) of this act take effect on January 1, 2006.
(End)
LRB-0976LRB-0976/2
DAK:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Rhodes, BB0271 - Transfer PATH Program to Department of Commerce
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
commerce and economic development
Buildings and safety
Under current law, DHFS administers a program to provide mental health services to homeless individuals with chronic mental illness. This bill transfers the program to the Department of Commerce.
health and human services
Mental illness and developmental disabilities
Under current law, DHFS may allocate up to $45,000 in general purpose revenues in each fiscal year, on a matching basis, to public or nonprofit private entities to provide mental health services specified under federal law to homeless individuals with chronic mental illness.
This bill transfers to the Department of Commerce the program under which general purpose revenues are allocated to provide mental health services to homeless individuals with chronic mental illness.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (5) (ce) of the statutes is amended to read:
20.435 (5) (ce) Services Primary health for homeless individuals. As a continuing appropriation, the amounts in the schedule for primary health services for homeless individuals under s. 46.972 (2).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.435 (7) (ce) of the statutes is renumbered 20.143 (2) (fr) and amended to read:
20.143 (2) (fr) Services Mental health for homeless individuals. The amounts in the schedule for mental health services for homeless individuals under s. 46.972 (3) 560.9811.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 46.972 (title) of the statutes is amended to read:
46.972 (title) Services Primary health for homeless individuals.
SECTION 4. 46.972 (2) (title) of the statutes is repealed.
SECTION 5. 46.972 (2) of the statutes is renumbered 46.972.
SECTION 6. 46.972 (3) of the statutes is renumbered 560.9811 and amended to read:
560.9811 Mental health services. (1) In this subsection section, "chronic mental illness" has the meaning given in s. 51.01 (3g).
(2) From the appropriation under s. 20.435 (7) (ce) 20.143 (2) (fr), the department may not allocate award more than $45,000 in each fiscal year to applying public or nonprofit private entities for the costs of providing certain mental health services to homeless individuals with chronic mental illness. Entities that receive funds allocated awarded by the department under this subsection shall provide the mental health services required under 42 USC 290cc-24. The amount that the department allocates awards to an applying entity may not exceed 50% of the amount of matching funds required under 42 USC 290cc-23.
SECTION 9121. Nonstatutory provisions; health and family services.
(1) TRANSFER OF MENTAL HEALTH SERVICES FOR HOMELESS INDIVIDUALS.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services primarily related to mental health services for homeless individuals under section 46.972 (3) 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 commerce.
(b) Position transfer.
1. On the effective date of this subdivision, the authorized FTE positions for the department of health and family services, funded from the appropriation under section 20.435 (6) (m) of the statutes, are decreased by 1.0 PR-F position having responsibility for a program to provide mental health services to homeless individuals with chronic mental illness.
