AB150: Bill Text

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.

AB150,2390,9 (16)  Plan of reorganization. By April 1, 1996, the department of health and social services shall submit to the department of administration, for approval, a proposed plan of reorganization, beginning on July 1, 1996, for the department of health and social services, in order to effect the intent of this act. The department of health and social services shall, by July 1, 1996, revise the proposed plan of reorganization to conform to changes, if any, that are determined by the department of administration to be necessary during the course of review of the proposed plan.

AB150,2390,10 (17)  Vocational rehabilitation subunit transfer.

AB150,2390,19 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and social services primarily related to the subunit of the department of health and social services that administers vocational rehabilitation services, as determined by the secretary of administration, shall become the assets and liabilities of the department of industry, labor and human relations, except that those assets and liabilities of the department of health and social services primarily related to nonvocational services for the hearing and visually impaired shall remain the assets and liabilities of the department of health and social services.

AB150,2390,20 (b) Employe transfers.

AB150,2391,2 1.  All incumbent employes holding positions in the subunit of the department of health and social services that administers vocational rehabilitation services, 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, except that those incumbent employes in the department of health and social services primarily related to nonvocational services for the hearing and visually impaired shall remain in the department of health and social services.

AB150,2391,18 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, as of July 1, 1996, 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.

AB150,2392,2 (c) Employe status. Employes transferred under paragraph (b) to the department of industry, labor and human relations 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 subunit of the department of health and social services that administers vocational rehabilitation services 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.

AB150,2392,11 (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 functions of the subunit of the department of health and social services that administers vocational rehabilitation services, as determined by the secretary of administration, is transferred to the department of industry, labor and human relations, except that the tangible personal property, including records, of the department of health and social services primarily related to nonvocational services for the hearing and visually impaired remain in the department of health and social services.

AB150,2392,21 (e) Contracts. All contracts entered into by the department of health and social services primarily related to the subunit of the department of health and social services that administers vocational rehabilitation services in effect on the effective date of this paragraph remain in effect and are transferred to the department of industry, labor and human relations, except that those contracts primarily related to nonvocational services for the hearing and visually impaired remain in the department of health and social services. The secretary of industry, labor and human relations shall carry out any such contractual obligations, except that the secretary of health and social services shall carry out any contractual obligations primarily related to nonvocational services for the hearing and visually impaired.

AB150,2393,7 (f) Contracts of the subunit of the department of health and social services that administers vocational rehabilitation services. All contracts entered into by the subunit of the department of health and social services that administers vocational rehabilitation services in effect on the effective date of this paragraph remain in effect and are transferred to the department of industry, labor and human relations, except those contracts primarily related to nonvocational services for the hearing and visually impaired shall remain in the department of health and social services. The department of industry, labor and human relations shall carry out any such contractual obligations, except that the secretary of health and social services shall carry out any contractual obligations primarily related to nonvocational services for the hearing and visually impaired.

AB150,2393,24 (g) Rules and orders. All rules promulgated by the department of health and social services primarily related to the subunit of the department of health and social services that administers vocational rehabilitation services that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of industry, labor and human relations, except that those rules promulgated by the department of health and social services primarily related to nonvocational services to the hearing and visually impaired remain in effect until their expiration date or until amended or repealed by the department of health and social services. All orders issued by the department of health and social services primarily related to the subunit of the department of health and social services that administers vocational rehabilitation services that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of industry, labor and human relations, except that those orders issued by the department of health and social services primarily related to nonvocational services to the hearing and visually impaired remain in effect until their expiration date or until modified or rescinded by the department of health and social services.

AB150,2394,11 (h) Pending matters. Any matter pending with the department of health and social services on the effective date of this paragraph primarily related to the subunit of the department of health and social services that administers vocational rehabilitation services, except any matter primarily related to nonvocational services for the hearing and visually impaired, 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 before the effective date of this paragraph with respect to pending matters, except pending matters primarily related to nonvocational services for the hearing and visually impaired, are considered as having been submitted to or taken by the department of industry, labor and human relations.

AB150,2394,16 (18)  State use board membership. Notwithstanding section 15.105 (22) of the statutes, as affected by this act, the member serving on the state use board as a representative of the subunit of health and social services that administers vocational rehabilitation laws shall continue to serve as a member of the state use board until his or her successor is appointed and qualifies.

AB150,2394,17 (19)  Agency name change.

AB150,2394,19 (a)  Wherever the term "health and social services" appears in the statutes, as affected by the acts of 1995, the term "health and family services" is substituted.

AB150,2395,2 (b)  Beginning on July 1, 1996, the department of health and family services has the powers and duties granted or assigned the department of health and social services 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 health and family services has the powers and duties granted or assigned the secretary of health and social services by Sections 9101 to 9159 of this act that do not terminate before paragraph (a) takes effect.

AB150,2395,13 (20)  Feasibility study of privatizing the operation of the medical assistance program. The department of health and social services shall conduct a study of the feasibility of contracting out the entire operation of the medical assistance program under sections 49.45 to 49.47 and 49.49 to 49.497 of the statutes to a private vendor. The study shall consider the experience of other states that have contracted with health insurance organizations to operate their medical assistance programs. Before July 1, 1996, the department of health and social services shall report its findings and recommendations regarding the feasibility of contracting out the operation of the medical assistance program to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes and to the governor.

AB150,2395,22 (21)  Operation and ownership of the state centers for the developmentally disabled. The department of health and social services shall investigate the feasibility of and analyze the potential savings and efficiencies of contracting with a private vendor to operate and provide care, treatment and services for residents of the state centers for the developmentally disabled and selling the state centers for the developmentally disabled to such a private vendor. By June 30, 1996, the department of health and social services shall report its findings resulting from this investigation and analysis to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes and to the governor.

AB150,2396,3 (22)  Special needs adoption. The department of health and social services shall develop a plan for contracting out the adoption services provided by that department for children with special needs who do not have permanent homes and shall, by July 1, 1997, submit a report containing its findings and recommendations to the appropriate standing committees in the manner provided under section 13.172 (3) of the statutes and to the governor.

AB150,2396,4 (23)   Transfer of juvenile secured correctional facilities.

AB150,2396,12 (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 Ethan Allen school and the Lincoln Hills school shall become the assets and liabilities of the department of corrections. The departments of health and social services and corrections shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall resolve the dispute and shall develop a plan for the orderly transfer thereof.

AB150,2396,21 (b)  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 Ethan Allen school and the Lincoln Hills school is transferred to the department of corrections. The departments of health and social services and corrections shall jointly identify this tangible personal property, including records, and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall resolve the dispute and shall develop a plan for the orderly transfer thereof.

AB150,2397,2 (c)  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 Ethan Allen school or the Lincoln Hills school is transferred to the department of corrections. All materials submitted 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 corrections.

AB150,2397,10 (d)  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 Ethan Allen school or the Lincoln Hills school remain in effect and are transferred to the department of corrections. The departments of health and social services and corrections shall jointly identify these contracts and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall resolve the dispute and shall develop a plan for the orderly transfer thereof.

AB150,2397,18 (e)  Rules and orders. All rules promulgated by the department of health and social services in effect on the effective date of this paragraph that are primarily related to the Ethan Allen school or the Lincoln Hills school remain in effect until their specified expiration date or until amended or repealed by the department of corrections. All orders issued by the department of health and social services in effect on the effective date of this paragraph that are primarily related to the Ethan Allen school or the Lincoln Hills school remain in effect until their specified expiration date or until modified or rescinded by the department of corrections.

AB150,2397,19 (f)   Transfer of positions and employes, change in funding source.

AB150,2398,2 1. On the effective date of this subdivision, 580.6 FTE PR positions in the division of youth services in the department of health and social services funded from the appropriation under section 20.435 (3) (hm) of the statutes, as affected by the acts of 1995, and the incumbent employes holding those positions are transferred to the department of corrections, and the positions become 580.6 FTE GPR positions to be funded from the appropriation under section 20.410 (1) (am) of the statutes, as affected by the acts of 1995. 

AB150,2398,9 2.  On the effective date of this subdivision, 0.75 FTE PR position in the division of youth services in the department of health and social services funded from the appropriation under section 20.435 (3) (jr) of the statutes, as affected by the acts of 1995, and the incumbent employe holding that position is transferred to the department of corrections, and the position becomes 0.75 FTE GPR position to be funded from the appropriation under section 20.410 (1) (am) of the statutes, as affected by the acts of 1995.

AB150,2398,16 3.  On the effective date of this subdivision, 1.5 FTE PR positions in the division of management services in the department of health and social services funded from the appropriation under section 20.435 (8) (k) of the statutes, as affected by the acts of 1995, and the incumbent employes holding those positions are transferred to the department of corrections, and the positions become 1.5 FTE GPR positions to be funded from the appropriation under section 20.410 (1) (am) of the statutes, as affected by the acts of 1995.

AB150,2398,23 4. On the effective date of this subdivision, 1.0 FTE GPR position in the division of youth services in the department of health and social services funded from the appropriation under section 20.435 (3) (a) of the statutes, as affected by the acts of 1995, and the incumbent employe holding that position is transferred to the department of corrections, and the position becomes 1.0 FTE GPR position to be funded from the appropriation under section 20.410 (1) (am) of the statutes, as affected by the acts of 1995. 

AB150,2399,5 5.  On the effective date of this subdivision, 3.0 FTE GPR positions in the division of management services in the department of health and social services funded from the appropriation under section 20.435 (8) (a) of the statutes, as affected by the acts of 1995, and the incumbent employes holding those positions are transferred to the department of corrections, and the positions become 3.0 FTE GPR positions to be funded from the appropriation under section 20.410 (1) (am) of the statutes, as affected by the acts of 1995.

AB150,2399,10 6.  The departments of health and social services and corrections shall jointly determine the employes to be transferred under subdivisions 1. , 2. , 3. , 4. and 5. and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall resolve the dispute and shall develop a plan for the orderly transfer thereof.

AB150,2399,21 7.  Upon final determination of the personnel to be transferred to the department of corrections under subdivisions 1. , 2. , 3. , 4. and 5. , the joint committee on finance shall, by December 31, 1996, transfer moneys between the general purpose revenue appropriations for the department of health and social services and the department of corrections, between the program revenue appropriations for the department of health and social services and the department of corrections, between the program revenue-service appropriations for the department of health and social services and the department of corrections and between the federal revenues appropriations for the department of health and social services and the department of corrections, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.

AB150,2400,2 (g)  Employe status. Employes transferred under paragraph (f) have all the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of corrections 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.

AB150,2400,10 (h)  Custody. On the effective date of this paragraph, all persons who are placed at the Ethan Allen school or the Lincoln Hills school under the supervision of the department of health and social services are transferred to the supervision of the department of corrections. The departments of health and social services and corrections shall jointly determine those persons and shall jointly develop a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall resolve the dispute and shall develop a plan for the orderly transfer thereof.

AB150,2400,15 (24)  Efficiency measures. By October 1, 1995, the department of health and social services shall submit a report to the governor and the joint committee on finance recommending how savings in fiscal year 1995-96 of $164,600 and in fiscal year 1996-97 of $329,200 resulting from budgetary efficiency measures should be allocated among the department's general purpose revenue appropriations.

AB150,2401,3 (25)  Juvenile correctional institution rates. No later than January 15, 1996, the secretary of health and social services shall submit to the secretary of administration and to the cochairpersons of the joint committee on finance proposed rates under section 46.26 (4) (d) 3m. of the statutes, as created by this act, and section 46.26 (4) (d) 4. of the statutes, as affected by this act, for maintaining a child in a juvenile correctional institution. The rates may not vary according to the juvenile correctional institution in which a child is placed. The rates shall reflect the average daily cost associated with maintaining a child in a juvenile correctional institution. The secretary of administration shall evaluate the rates and, if the secretary of administration approves of the rates, the secretary of administration shall, no later than March 1, 1996, submit a report to the cochairpersons of the joint committee on finance containing proposed legislation providing for those rates effective on July 1, 1996.

AB150,2401,16 (26)  Youth aids formula evaluation. The department of health and social services shall evaluate the formula used by that department to determine the allocation of community youth and family aids to counties under section 46.26 of the statutes, as affected by this act, in light of any change in the number of children who are placed under the supervision of that department as a result of the amendments made to section 48.34 (4g) and (4m) of the statutes by this act and shall, no later than July 1, 1996, submit to the secretary of administration and the cochairpersons of the joint committee on finance a proposed formula for the allocation of community youth and family aids to counties that reflects that change. The secretary of administration shall evaluate that proposed formula and, if the secretary of administration approves of that proposed formula, the secretary of administration shall include that proposed formula in the 1997-99 budget compilation under section 16.43 of the statutes.

AB150,2401,21 (27)  Funeral, burial and cemetery expenses. No later than January 1, 1996, the department of health and social services shall amend the state plan for aid to families with dependent children under 42 USC 602 to make the funeral, burial and cemetery expenses paid under section 49.19 (5) (d) of the statutes a special-needs item under 45 CFR 233.20 (a) (2) (v).

AB150, s. 9127 Section 9127. Nonstatutory provisions; higher educational aids board.

AB150,2401,23 (1)   Elimination of agency.

AB150,2402,3 (a)  Wherever the term "higher educational aids board" or "higher education aids board" appears in the statutes, as affected by the acts of 1995, the term "department of education" is substituted.

AB150,2402,8 (b) Members of the council on financial aids in the higher educational aids board immediately prior to the effective date of this paragraph shall continue to serve as members of the council on financial aids in the department of education until they are removed by the secretary of education or their successors are appointed and qualify.

AB150,2402,11 (c)  On the effective date of this paragraph, the assets and liabilities of the higher educational aids board shall become the assets and liabilities of the department of education.

AB150,2402,15 (d)  All incumbent employes holding positions in the higher educational aids board, except the executive secretary of the board and the deputy to the executive secretary of the board, are transferred on the effective date of this paragraph to the department of education.

AB150,2402,21 (e)  Employes transferred under paragraph (d) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of education that they enjoyed in the higher educational aids board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB150,2402,24 (f)  On the effective date of this paragraph, all tangible personal property, including records, of the higher educational aids board is transferred to the department of education.

AB150,2403,5 (g)  All contracts entered into by the higher educational aids board in effect on the effective date of this paragraph remain in effect and are transferred to the department of education. The department of education shall carry out any such contractual obligations until modified or rescinded by the department of education to the extent allowed under the contract.

AB150,2403,11 (h)  All rules promulgated by the higher educational aids board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of education. All orders issued by the higher educational aids board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the secretary of education.

AB150,2403,16 (i)  Any matter pending with the higher educational aids board on the effective date of this paragraph is transferred to the department of education and all materials submitted to or actions taken by the board with respect to the pending matter are considered as having been submitted to or taken by the department of education.

AB150, s. 9130 Section 9130. Nonstatutory provisions; industry, labor and human relations.

AB150,2403,18 (1)   Hospital and nursing home plans review transfer.