AB150-ASA,2332,10
4(3h) Survey of mediation activities. The employment relations commission
5shall submit a report to the department of administration at the same time that the
6commission submits its 1997-99 biennial budget request, under section 16.42 of the
7statutes, that specifies all of the employment relations commission's mediation
8activities, and the amount of time that the employment relations commission spent
9on these activities, for a period that begins no later than 30 days after the effective
10date of this subsection and continues for one year.
AB150-ASA,2332,15
12(3)
Administration of simulcast racing. The gaming commission shall
13administer section 562.057 (4) of the statutes, as affected by this act, on a
14case-by-case basis during the period prior to the effective date of the rules
15promulgated under section 562.057 (5) of the statutes, as created by this act.
AB150-ASA,2332,20
16(4)
Submission of animal testing rules to legislative council staff. The
17gaming commission shall submit the proposed rules under section 562.09 (2) (b) 2.
18of the statutes, as affected by this act, to the legislative council staff under section
19227.15 (1) of the statutes no later than the first day of the 3rd month after the
20effective date of this subsection.
AB150-ASA,2332,24
21(5)
Administration of animal testing. The gaming commission shall
22administer section 562.09 (2) (b) 2. of the statutes, as affected by this act, on a
23case-by-case basis during the period prior to the effective date of the rules
24promulgated under section 562.09 (2) (b) 2. of the statutes, as affected by this act.
AB150-ASA,2333,3
1(6pp) Agency name change. On July 1, 1996, wherever the term "commission"
2appears in chapters 561, 562, 563, 564 and 569 of the statutes, as affected by the acts
3of 1995, the term "board" is substituted.
AB150-ASA,2333,12
4(6pq) Lottery conflict of interest laws. Notwithstanding section 565.05 (1)
5(a), 1993 stats., and section 565.05 (1) (a) of the statutes, as affected by this act, an
6employe of the gaming commission, the gaming board or the lottery division in the
7department of revenue, but not including any member of the gaming commission or
8gaming board or the administrator of the lottery division in the gaming commission
9or the administrator in the lottery division in the department of revenue, whose
10position is eliminated between the effective date of this subsection and June 30,
111997, may be employed by any vendor, as defined in section 565.01 (7) of the statutes,
12immediately following the employe's termination of service.
AB150-ASA,2333,14
13(6pr) Submission of gaming commission reorganization plans to joint
14committee on finance.
AB150-ASA,2334,6
15(a) Implementation plan. The gaming commission and the secretaries of
16revenue and administration shall jointly develop a plan to transfer the operation and
17administration of the state lottery from the gaming commission to the department
18of revenue and shall submit the plan to the joint committee on finance by February
191, 1996. If the cochairpersons of the committee do not notify the gaming commission
20and the secretaries of revenue and administration within 14 working days after the
21date of the submission of the plan to the committee that the committee has scheduled
22a meeting for the purpose of reviewing the plan, the gaming commission and the
23secretaries of revenue and administration may proceed with the proposed plan. If,
24within 14 working days after the date of the submission of the plan, the
25cochairpersons of the committee notify the gaming commission and the secretaries
1of revenue and administration that the committee has scheduled a meeting for the
2purpose of reviewing the plan, the gaming commission and the secretaries of revenue
3and administration may not proceed with the proposed plan until the committee
4approves the plan. Notwithstanding section 13.10 (4) of the statutes, the governor
5does not have the authority to approve or object to any committee action under this
6paragraph.
AB150-ASA,2335,2
7(b) Lottery privatization plan. The gaming commission and the secretaries of
8revenue and administration shall jointly develop a plan relating to the privatization
9of the state lottery and shall submit the plan to the joint committee on finance by
10April 1, 1996. The plan shall address the implementation of contracts and contract
11oversight mechanisms involving sales administration, marketing, ticket
12warehousing, instant ticket data processing, telephone sales and ticket delivery and
13the plan shall specify the state employe position reductions associated with each
14privatization initiative. If the cochairpersons of the committee do not notify the
15gaming commission and the secretaries of revenue and administration within 14
16working days after the date of the submission of the plan to the committee that the
17committee has scheduled a meeting for the purpose of reviewing the plan, the gaming
18commission and the secretaries of revenue and administration may proceed with the
19proposed plan. If, within 14 working days after the date of the submission of the plan,
20the cochairpersons of the committee notify the gaming commission and the
21secretaries of revenue and administration that the committee has scheduled a
22meeting for the purpose of reviewing the plan, the gaming commission and the
23secretaries of revenue and administration may not proceed with the proposed plan
24until the committee approves the plan. Notwithstanding section 13.10 (4) of the
1statutes, the governor does not have the authority to approve or object to any
2committee action under this paragraph.
AB150-ASA,2336,2
3(c) Coordination of gaming security functions plan. The gaming commission,
4a designee of the attorney general in the division of criminal investigation in the
5department of justice and the secretaries of revenue and administration shall jointly
6develop a plan relating to the coordination of gaming security functions and shall
7submit the plan to the joint committee on finance by June 1, 1996. The plan may
8allow, but not require, the contracting out of warehouse and building protection to
9the department of administration. If the cochairpersons of the committee do not
10notify the gaming commission, a designee of the attorney general in the division of
11criminal investigation in the department of justice and the secretaries of revenue
12and administration within 14 working days after the date of the submission of the
13plan to the committee that the committee has scheduled a meeting for the purpose
14of reviewing the plan, the gaming commission, a designee of the attorney general in
15the division of criminal investigation in the department of justice and the secretaries
16of revenue and administration may proceed with the proposed plan. If, within 14
17working days after the date of the submission of the plan, the cochairpersons of the
18committee notify the gaming commission, a designee of the attorney general in the
19division of criminal investigation in the department of justice and the secretaries of
20revenue and administration that the committee has scheduled a meeting for the
21purpose of reviewing the plan, the gaming commission, a designee of the attorney
22general in the division of criminal investigation in the department of justice and the
23secretaries of revenue and administration may not proceed with the proposed plan
24until the committee approves the plan. Notwithstanding section 13.10 (4) of the
1statutes, the governor does not have the authority to approve or object to any
2committee action under this paragraph.
AB150-ASA,2336,3
3(6ps) Gaming commission reorganization.
AB150-ASA,2336,7
4(a) Assets and liabilities. On July 1, 1996, all assets and liabilities of the
5gaming commission shall become the assets and liabilities of the gaming board,
6except that those assets and liabilities that relate to the state lottery shall become
7the assets and liabilities of the department of revenue.
AB150-ASA,2336,12
8(b) Tangible personal property. On July 1, 1996, all tangible personal property,
9including records, of the gaming commission is transferred to the gaming board,
10except that the tangible personal property, including records, of the gaming
11commission that relate to the state lottery is transferred to the department of
12revenue.
AB150-ASA,2336,13
13(c) Contracts.
AB150-ASA,2336,18
141. Except as provided in subdivision 2., all contracts entered into by the gaming
15commission which are in effect on July 1, 1996, remain in effect and are transferred
16to the gaming board. The gaming board shall carry out any such contractual
17obligations until modified or rescinded by the gaming board to the extent allowed
18under the contract.
AB150-ASA,2336,23
192. All contracts entered into by the gaming commission that relate to the state
20lottery which are in effect on July 1, 1996, remain in effect and are transferred to the
21department of revenue. The department of revenue shall carry out any such
22contractual obligations until modified or rescinded by the department of revenue to
23the extent allowed under the contract.
AB150-ASA,2337,7
24(d) Employe transfers and status. On July 1, 1996, all incumbent employes
25holding positions in the gaming commission are transferred to the gaming board,
1except that all incumbent employes holding positions in the gaming commission that
2are funded from the lottery fund are transferred to the department of revenue.
3Employes transferred under this paragraph have all rights and the same status
4under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed
5in the gaming commission. Notwithstanding section 230.28 (4) of the statutes, no
6employe so transferred who has attained permanent status in class may be required
7to serve a probationary period.
AB150-ASA,2337,8
8(e) Pending matters.
AB150-ASA,2337,12
91. Except as provided in subdivision 2., any matters pending with the gaming
10commission on July 1, 1996, are transferred to the gaming board and all materials
11submitted to or actions taken by the gaming commission with respect to any pending
12matter are considered as having been submitted to or taken by the gaming board.
AB150-ASA,2337,17
132. Any matters pending with the gaming commission that relate to the state
14lottery on July 1, 1996, are transferred to the department of revenue and all
15materials submitted to or actions taken by the gaming commission with respect to
16any pending matter are considered as having been submitted to or taken by the
17department of revenue.
AB150-ASA,2337,23
18(f) Rules and orders. All rules promulgated by the gaming commission that
19relate to the state lottery and that are in effect on July 1, 1996, remain in effect until
20their specified expiration date or until amended or repealed by the gaming board.
21All orders issued by the gaming commission that relate to the state lottery and that
22are in effect on July 1, 1996, remain in effect until their specified expiration date or
23until modified or rescinded by the gaming board.
AB150-ASA,2338,3
1(6pt) Gaming commission members. Notwithstanding section 15.06 (1) (f), 1993
2stats., the terms of all members of the gaming commission holding office under
3section 15.06 (1) (f), 1993 stats., shall expire on June 30, 1996.
AB150-ASA,2338,8
4(6pu) Initial terms of members of the gaming board. Notwithstanding section
515.64 of the statutes, as affected by this act, the initial term of one member of the
6gaming board shall expire on July 1, 2000, the initial term of 2 of the members of the
7gaming board shall expire on July 1, 1999, and the initial term of 2 of the members
8of the gaming board shall expire on July 1, 1998.
AB150-ASA, s. 9125
9Section 9125.
Nonstatutory provisions; health and educational
facilities authority.
AB150-ASA,2338,16
10(1)
Rural hospital loan fund transfer. On August 1, 1995, the Wisconsin
11Health and Educational Facilities Authority shall transfer to the department of
12administration for deposit in the general fund any balance remaining in the rural
13hospital loan fund under section 231.36 of the statutes on that date, after deducting
14an amount sufficient to pay any outstanding claims, and to fund the outstanding
15guarantees, under the rural hospital loan guarantee program under section 231.35
16of the statutes, as affected by this act.
AB150-ASA,2339,2
18(2)
Fees for plan reviews of hospitals and nursing homes. Until the
19department of health and social services promulgates rules as required under
20sections 50.02 (2) (b) 2. and 50.36 (2) (b) of the statutes, as affected by this act, or until
21June 30, 1996, whichever is earlier, the department may, for conducting nursing
22home and hospital plan reviews under sections 50.02 (2) (b) 1. and 50.36 (2) (a) of the
23statutes, as affected by this act, collect fees that are equal in amount to the fees
24collectible on September 30, 1995, under sections 50.02 (2) (b) and 50.36 (2), 1993
1stats., and for examination of nursing home and hospital plans under section 101.19
2(1) (a), 1993 stats.
AB150-ASA,2339,8
3(3)
Enhanced community integration program reimbursement. By January
41, 1996, and before providing enhanced reimbursement under section 46.278 (6) (e)
5of the statutes, as created by this act, the department of health and social services
6shall submit to the department of administration for approval the formula developed
7by the department of health and social services for determining the enhanced
8reimbursement rate.
AB150-ASA,2339,14
9(4)
Community options program services in certain facilities. By October 1,
101995, the department of health and social services shall submit to the department
11of administration for approval the standards developed by the department of health
12and social services under section 46.27 (7) (cm) 2. of the statutes, as created by this
13act, for approving the provision of certain community options program services in
14certain community-based residential facilities.
AB150-ASA,2339,15
15(5)
Standards and rules review and approval and emergency rules.
AB150-ASA,2339,18
16(a) By October 1, 1995, the department of health and social services shall
17submit all of the following to the department of administration for review and
18approval:
AB150-ASA,2339,22
192. Proposed rules required under sections 46.27 (2) (h) 2. and 46.277 (5r) of the
20statutes, as created by this act, for the granting of hardship exceptions to the
21requirements under sections 46.27 (6r) (c) and 46.277 (5) (d) 3. of the statutes, as
22created by this act.
AB150-ASA,2340,2
23(b) The department of health and social services shall submit proposed rules
24required under sections 46.27 (2) (h) 2. and 46.277 (5r) of the statutes, as created by
1this act, to the legislative council staff for review under section 227.15 (1) of the
2statutes no later than November 1, 1995.
AB150-ASA,2340,11
3(c) Using the procedure under section 227.24 of the statutes, the department
4of health and social services shall promulgate rules required under sections 46.27 (2)
5(h) 2. and 46.277 (5r) of the statutes, as created by this act, for the period after
6December 30, 1995, and prior to the effective date of the rules submitted under
7paragraph (b) , but not to exceed the period authorized under section 227.24 (1) (c)
8and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the
9statutes, the department need not provide evidence of the necessity of preservation
10of the public peace, health, safety or welfare in promulgating the rules under this
11paragraph.
AB150-ASA,2340,18
12(6)
Rules on assisted living facilities. The department of health and social
13services shall submit proposed rules required under sections 49.45 (2) (a) 23. and
1450.034 (2) of the statutes, as created by this act, to the department of administration
15for review no later than December 1, 1995. The department of health and social
16services shall submit the proposed rules, as approved by the department of
17administration, to the joint legislative council staff for review under section 227.15
18(1) of the statutes no later than January 1, 1996.
AB150-ASA,2340,22
19(7)
Medical assistance school services. The department of health and social
20services shall submit in proposed form the rules required under section 49.45 (39) of
21the statutes, as created by this act, to the legislative council staff under section
22227.15 (1) of the statutes no later than March 1, 1996.
AB150-ASA,2341,7
23(8)
Rules for medical assistance services related to tuberculosis. Using
24the procedure under section 227.24 of the statutes, the department of health and
25social services may promulgate rules regarding the provision of medical assistance
1services under section 49.46 (2) (bm) of the statutes, as created by this act, for the
2period before the effective date of the permanent rules promulgated under section
349.46 (2) (bm) of the statutes, as created by this act, but not to exceed the period
4authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding
5section 227.24 (1) and (3) of the statutes, the department need not provide evidence
6of the necessity of preservation of the public peace, health, safety or welfare in
7promulgating rules under this subsection.
AB150-ASA,2341,11
8(13)
General relief and relief of needy Indian persons. The department of
9health and social services shall submit in proposed form the rules required under
10section 49.02 (7m) of the statutes, as created by this act, to the legislative council staff
11under section 227.15 (1) of the statutes no later than October 1, 1995.
AB150-ASA,2341,16
12(14)
Alcohol and other drug treatment programs. During fiscal year
131995-96, the department of health and social services shall allocate $400,000 from
14the appropriation under section 20.435 (6) (gb) of the statutes for alcohol and other
15drug treatment programs in community aids under section 46.40 of the statutes, as
16affected by this act.
AB150-ASA,2341,18
17(15)
Transfer of certain public assistance, child support and paternity
18programs.
AB150-ASA,2341,24
19(a)
Assets and liabilities. On the effective date of this paragraph, all assets
20and liabilities of the department of health and social services that are primarily
21related to the programs in section 49.855 and subchapter III of chapter 49 of the
22statutes, as affected by this act, as determined by the secretary of administration,
23shall become the assets and liabilities of the department of industry, labor and
24human relations.
AB150-ASA,2341,25
25(b)
Employe transfers.
AB150-ASA,2342,5
11.
All incumbent employes holding positions in the department of health and
2social services that are primarily related to the programs in section 49.855 and
3subchapter III of chapter 49 of the statutes, as affected by this act, as determined by
4the secretary of administration, are transferred on the effective date of this
5subdivision to the department of industry, labor and human relations.
AB150-ASA,2342,20
62. Upon final determination of the personnel to be transferred to the
7department of industry, labor and human relations under subdivision 1. , the
8secretary of health and social services and the secretary of industry, labor and human
9relations shall, by the date that is established for submittal of requests for
10consideration at the 4th quarterly meeting for 1995 of the joint committee on finance
11under section 13.10 of the statutes, request the joint committee on finance to transfer
12moneys between the general purpose revenue appropriations for the department of
13health and social services and the department of industry, labor and human
14relations, between the program revenue appropriations for the department of health
15and social services and the department of industry, labor and human relations,
16between the program revenue-service appropriations for the department of health
17and social services and the department of industry, labor and human relations and
18between the federal revenues appropriations for the department of health and social
19services and the department of industry, labor and human relations, if necessary to
20adjust previously allocated costs in accordance with the transfer of personnel.
AB150-ASA,2343,2
21(c)
Employe status. Employes transferred under paragraph (b)
1. have all the
22rights and the same status under subchapter V of chapter 111 and chapter 230 of the
23statutes in the department of industry, labor and human relations that they enjoyed
24in 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-ASA,2343,8
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 section 49.855 and subchapter
6III of chapter 49 of the statutes, as affected by this act, as determined by the secretary
7of administration, is transferred to the department of industry, labor and human
8relations.
AB150-ASA,2343,16
9(e)
Contracts. All contracts entered into by the department of health and
10social services in effect on the effective date of this paragraph that are primarily
11related to the programs in section 49.855 and subchapter III of chapter 49 of the
12statutes, as affected by this act, as determined by the secretary of administration,
13remain in effect and are transferred to the department of industry, labor and human
14relations. The department of industry, labor and human relations shall carry out any
15such contractual obligations until modified or rescinded by the department of
16industry, labor and human relations to the extent allowed under the contracts.
AB150-ASA,2343,17
17(f)
Rules and orders.
AB150-ASA,2344,2
181. All rules promulgated by the department of health and social services that
19are in effect on the effective date of this subdivision and that are primarily related
20to the programs in section 49.855 and subchapter III of chapter 49 of the statutes,
21as affected by this act, remain in effect until their specified expiration date or until
22amended or repealed by the department of industry, labor and human relations. All
23orders issued by the department of health and social services that are in effect on the
24effective date of this subdivision and that are primarily related to the programs in
25section 49.855 and subchapter III of chapter 49 of the statutes, as affected by this act,
1remain in effect until their specified expiration date or until modified or rescinded
2by the department of industry, labor and human relations.
AB150-ASA,2344,9
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-ASA,2344,16
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 any
12of the programs in section 49.855 or subchapter III of chapter 49 of the statutes, as
13affected by this act, is transferred to the department of industry, labor and human
14relations and all materials submitted to or actions taken by the department of health
15and social services with respect to the pending matter are considered as having been
16submitted to or taken by the department of industry, labor and human relations.
AB150-ASA,2344,17
17(15p) Transfer of the low-income energy assistance program.
AB150-ASA,2344,22
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 low-income energy assistance program under section 16.385 of the statutes,
21as affected by this act, as determined by the secretary of administration, shall
22become the assets and liabilities of the department of administration.
AB150-ASA,2344,23
23(b)
Employe transfers.
AB150-ASA,2345,3
241. All incumbent employes holding positions in the department of health and
25social services that are primarily related to the low-income energy assistance
1program under section 16.385 of the statutes, as affected by this act, as determined
2by the secretary of administration, are transferred on the effective date of this
3subdivision to the department of administration.
AB150-ASA,2345,17
42. Upon final determination of the personnel to be transferred to the
5department of administration under subdivision 1.
, the secretary of health and
6social services and the secretary of administration shall, by the date that is
7established for submittal of requests for consideration at the 4th quarterly meeting
8for 1995 of the joint committee on finance under section 13.10 of the statutes, request
9the joint committee on finance to transfer moneys between the general purpose
10revenue appropriations for the department of health and social services and the
11department of administration, between the program revenue appropriations for the
12department of health and social services and the department of administration,
13between the program revenue-service appropriations for the department of health
14and social services and the department of administration and between the federal
15revenues appropriations for the department of health and social services and the
16department of administration, if necessary to adjust previously allocated costs in
17accordance with the transfer of personnel.
AB150-ASA,2345,23
18(c)
Employe status. Employes transferred under paragraph (b)
1. have all the
19rights and the same status under subchapter V of chapter 111 and chapter 230 of the
20statutes in the department of administration that they enjoyed in the department
21of health and social services immediately before the transfer. Notwithstanding
22section 230.28 (4) of the statutes, no employe so transferred who has attained
23permanent status in class is required to serve a probationary period.
AB150-ASA,2346,3
24(d)
Tangible personal property. On the effective date of this paragraph, all
25tangible personal property, including records, of the department of health and social
1services that is primarily related to the low-income energy assistance program
2under section 16.385 of the statutes, as affected by this act, as determined by the
3secretary of administration, is transferred to the department of administration.
AB150-ASA,2346,11
4(e)
Contracts. All contracts entered into by the department of health and social
5services in effect on the effective date of this paragraph that are primarily related
6to the low-income energy assistance program under section 16.385 of the statutes,
7as affected by this act, as determined by the secretary of administration, remain in
8effect and are transferred to the department of administration. The department of
9administration shall carry out any such contractual obligations until modified or
10rescinded by the department of administration to the extent allowed under the
11contracts.
AB150-ASA,2346,21
12(f)
Rules and orders. All rules promulgated by the department of health and
13social services that are in effect on the effective date of this paragraph and that are
14primarily related to the low-income energy assistance program under section 16.385
15of the statutes, as affected by this act, remain in effect until their specified expiration
16date or until amended or repealed by the department of administration. All orders
17issued by the department of health and social services that are in effect on the
18effective date of this subdivision and that are primarily related to the low-income
19energy assistance program under section 16.385 of the statutes, as affected by this
20act, remain in effect until their specified expiration date or until modified or
21rescinded by the department of administration.
AB150-ASA,2347,3
22(g)
Pending matters. Any matter pending with the department of health and
23social services on the effective date of this paragraph that is primarily related to the
24low-income energy assistance program under section 16.385 of the statutes, as
25affected by this act, is transferred to the department of administration and all
1materials submitted to or actions taken by the department of health and social
2services with respect to the pending matter are considered as having been submitted
3to or taken by the department of administration.
AB150-ASA,2347,19
4(16)
Plan of reorganization. By April 1, 1996, the department of health and
5social services shall submit to the department of administration, for review, a
6proposed plan of reorganization, beginning on July 1, 1996, for the department of
7health and social services, in order to effect the intent of this act. After reviewing the
8proposed reorganization plan, the secretary of administration shall submit the plan,
9including any suggested modifications to the plan, no later than May 1, 1996, to the
10joint committee on finance. If the cochairpersons of the committee do not notify the
11secretary of administration within 14 working days after the date of the plan's
12submittal that the committee has scheduled a meeting to take place no later than
13June 30, 1996, for the purpose of reviewing the plan, the secretary of administration
14shall proceed with the reorganization plan, including the secretary's suggested
15modifications. If, within 14 working days after the date of the plan's submittal, the
16cochairpersons of the committee notify the secretary of administration that the
17committee has scheduled a meeting for the purpose of reviewing the plan, the
18secretary of administration shall proceed with the plan, after incorporating any
19changes to the plan that are made by the joint committee on finance at the meeting.
AB150-ASA,2347,20
20(17)
Vocational rehabilitation subunit transfer.
AB150-ASA,2348,4
21(a)
Assets and liabilities. On the effective date of this paragraph, the assets
22and liabilities of the department of health and social services primarily related to the
23subunit of the department of health and social services that administers vocational
24rehabilitation services, as determined by the secretary of administration, shall
25become the assets and liabilities of the department of industry, labor and human
1relations, except that those assets and liabilities of the department of health and
2social services primarily related to nonvocational services for the hearing and
3visually impaired shall remain the assets and liabilities of the department of health
4and social services.
AB150-ASA,2348,5
5(b)
Employe transfers.
AB150-ASA,2348,12
61. All incumbent employes holding positions in the subunit of the department
7of health and social services that administers vocational rehabilitation services, as
8determined by the secretary of administration, are transferred on the effective date
9of this subdivision to the department of industry, labor and human relations, except
10that those incumbent employes in the department of health and social services
11primarily related to nonvocational services for the hearing and visually impaired
12shall remain in the department of health and social services.
AB150-ASA,2349,3
132. Upon final determination of the personnel to be transferred to the
14department of industry, labor and human relations under subdivision 1. , the
15secretary of health and social services and the secretary of industry, labor and human
16relations shall, by the date that is established for submittal of requests for
17consideration at the 4th quarterly meeting for 1995 of the joint committee on finance
18under section 13.10 of the statutes, request the joint committee on finance to transfer
19moneys, as of July 1, 1996, between the general purpose revenue appropriations for
20the department of health and social services and the department of industry, labor
21and human relations, between the program revenue appropriations for the
22department of health and social services and the department of industry, labor and
23human relations, between the program revenue-service appropriations for the
24department of health and social services and the department of industry, labor and
25human relations and between the federal revenues appropriations for the
1department of health and social services and the department of industry, labor and
2human relations, if necessary to adjust previously allocated costs in accordance with
3the transfer of personnel.
AB150-ASA,2349,11
4(c)
Employe status. Employes transferred under paragraph (b)
to the
5department of industry, labor and human relations have all the rights and the same
6status under subchapter V of chapter 111 and chapter 230 of the statutes, in the
7department of industry, labor and human relations that they enjoyed in the subunit
8of the department of health and social services that administers vocational
9rehabilitation services before the transfer. Notwithstanding section 230.28 (4) of the
10statutes, no employe so transferred who has attained permanent status in class is
11required to serve a probationary period.
AB150-ASA,2349,20
12(d)
Tangible personal property. On the effective date of this paragraph, all
13tangible personal property, including records, of the department of health and social
14services that is primarily related to the functions of the subunit of the department
15of health and social services that administers vocational rehabilitation services, as
16determined by the secretary of administration, is transferred to the department of
17industry, labor and human relations, except that the tangible personal property,
18including records, of the department of health and social services primarily related
19to nonvocational services for the hearing and visually impaired remain in the
20department of health and social services.
AB150-ASA,2350,5
21(e)
Contracts. All contracts entered into by the department of health and social
22services primarily related to the subunit of the department of health and social
23services that administers vocational rehabilitation services in effect on the effective
24date of this paragraph remain in effect and are transferred to the department of
25industry, labor and human relations, except that those contracts primarily related
1to nonvocational services for the hearing and visually impaired remain in the
2department of health and social services. The secretary of industry, labor and human
3relations shall carry out any such contractual obligations, except that the secretary
4of health and social services shall carry out any contractual obligations primarily
5related to nonvocational services for the hearing and visually impaired.
AB150-ASA,2350,16
6(f)
Contracts of the subunit of the department of health and social services that
7administers vocational rehabilitation services. All contracts entered into by the
8subunit of the department of health and social services that administers vocational
9rehabilitation services in effect on the effective date of this paragraph remain in
10effect and are transferred to the department of industry, labor and human relations,
11except those contracts primarily related to nonvocational services for the hearing
12and visually impaired shall remain in the department of health and social services.
13The department of industry, labor and human relations shall carry out any such
14contractual obligations, except that the secretary of health and social services shall
15carry out any contractual obligations primarily related to nonvocational services for
16the hearing and visually impaired.
AB150-ASA,2351,8
17(g)
Rules and orders. All rules promulgated by the department of health and
18social services primarily related to the subunit of the department of health and social
19services that administers vocational rehabilitation services that are in effect on the
20effective date of this paragraph remain in effect until their specified expiration date
21or until amended or repealed by the department of industry, labor and human
22relations, except that those rules promulgated by the department of health and social
23services primarily related to nonvocational services to the hearing and visually
24impaired remain in effect until their expiration date or until amended or repealed
25by the department of health and social services. All orders issued by the department
1of health and social services primarily related to the subunit of the department of
2health and social services that administers vocational rehabilitation services that
3are in effect on the effective date of this paragraph remain in effect until their
4specified expiration date or until modified or rescinded by the department of
5industry, labor and human relations, except that those orders issued by the
6department of health and social services primarily related to nonvocational services
7to the hearing and visually impaired remain in effect until their expiration date or
8until modified or rescinded by the department of health and social services.
AB150-ASA,2351,19
9(h)
Pending matters. Any matter pending with the department of health and
10social services on the effective date of this paragraph primarily related to the subunit
11of the department of health and social services that administers vocational
12rehabilitation services, except any matter primarily related to nonvocational
13services for the hearing and visually impaired, is transferred to the department of
14industry, labor and human relations, and all materials submitted to or actions taken
15by the department of health and social services before the effective date of this
16paragraph with respect to pending matters, except pending matters primarily
17related to nonvocational services for the hearing and visually impaired, are
18considered as having been submitted to or taken by the department of industry, labor
19and human relations.
AB150-ASA,2352,920
(i)
Transfer proposals. After reviewing the proposed transfer of assets and
21liabilities under paragraph (a), employes under paragraph (b), tangible personal
22property under paragraph (d) and contracts under paragraphs (e) and (f), the
23secretary of administration shall submit the proposals, including any suggested
24modifications to the proposals, no later than June 1, 1996, to the joint committee on
25finance. If the cochairpersons of the committee do not notify the secretary of
1administration within 14 working days after the date of the proposals' submittal that
2the committee has scheduled a meeting to take place in June 1996, for the purpose
3of reviewing the proposals, the secretary of administration shall proceed with the
4proposals, including the secretary's suggested modifications. If, within 14 working
5days after the date of the proposal's submittal, the cochairpersons of the committee
6notify the secretary of administration that the committee has scheduled a meeting
7for the purpose of reviewing the proposals, the secretary of administration shall
8proceed with the proposals, after incorporating any changes to the proposals that are
9made by the joint committee on finance at the meeting.
AB150-ASA,2352,12
10(17m) Vocational rehabilitation report. The department of health and social
11services shall report to the joint committee on finance, at the committee's 2nd
12quarterly meeting in 1996 under section 13.10 of the statutes, on all of the following:
AB150-ASA,2352,17
13(a) The extent of the waiting list, if any, for vocational rehabilitation services
14and the measures taken by the department of health and social services to minimize
15the waiting list in order to comply with the provision under section 47.02 (3) (f) of the
16statutes to make vocational rehabilitation services available in every county to all
17handicapped persons who are present in this state regardless of residency.
AB150-ASA,2352,19
18(b) The amount of 3rd-party funding that will be available as a match to
19federal funds under
29 USC 701 to
796i in federal fiscal year 1996-97.
AB150-ASA,2352,22
20(c) Whether additional funding is necessary to fully capture available federal
21matching funds and the sources of funding that could be reallocated within the
22budget of the department of health and social services.
AB150-ASA,2353,2
23(18)
State use board membership. Notwithstanding section 15.105 (22) of the
24statutes, as affected by this act, the member serving on the state use board as a
25representative 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-ASA,2353,3
3(19)
Agency name change.
AB150-ASA,2353,5
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-ASA,2353,12
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-ASA,2353,19
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-ASA,2353,20
20(23)
Transfer of juvenile secured correctional facilities.
AB150-ASA,2354,3
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-ASA,2354,12
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-ASA,2354,18
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.