AB926: Bill Text

AB926,328,20 2. The assets and liabilities that are primarily related to the functions of the bureau of drinking water and groundwater and to those functions of the bureau of watershed management that are assigned to the department of environmental quality by this act.

AB926,328,24 3. The assets and liabilities that are primarily related to those functions of the divisions of enforcement and science, administration and technology, and customer assistance and employee services that are assigned to the department of environmental quality by this act.

AB926,329,3 4. Any other assets and liabilities related to the administrative functions of the department of natural resources that the secretary of natural resources determines should be transferred.

AB926,329,6 (b) Employee transfers. The following classified positions in the department of natural resources and the incumbents in the positions are transferred to the department of environmental quality:

AB926,329,8 1. The classified positions and the incumbents in the positions in the division of air and waste.

AB926,329,13 2. The classified positions and the incumbents in the positions in the bureau of drinking water and groundwater and the classified positions and the incumbents in the positions in the bureau of watershed management that are primarily related to those functions of the bureau of watershed management that are assigned to the department of environmental quality by this act.

AB926,329,17 3. The classified positions and the incumbents in the positions that are primarily related to those functions of the divisions of enforcement and science, administration and technology, and customer and employee services that are assigned to the department of environmental quality by this act.

AB926,329,20 4. Any other classified positions and the incumbents in the positions related to the administrative functions of the department of natural resources that the secretary of natural resources determines should be transferred.

AB926,330,2 (c) Employee status. Employees transferred under paragraph (b ) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of environmental quality that they enjoyed in the department of natural resources 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.

AB926,330,9 (d) Position changes. The authorized full-time equivalent positions for the department of natural resources funded by an appropriation immediately before the effective date of this paragraph are reduced by the number of full-time equivalent positions funded by that appropriation that are transferred to the department of environmental quality under par. (b ), and the authorized full-time equivalent positions for the department of environmental quality funded by the equivalent appropriation to that department are increased by the same number.

AB926,330,12 (e) Tangible personal property. On the effective date of this paragraph, all of the following tangible personal property, including records, of the department of natural resources shall be transferred to the department of environmental quality:

AB926,330,14 1. The tangible personal property, including records, primarily related to the functions of the division of air and waste.

AB926,330,18 2. The tangible personal property, including records, primarily related to the functions of the bureau of drinking water and groundwater and to those functions of the bureau of watershed management that are assigned to the department of environmental quality by this act.

AB926,330,21 3. The tangible personal property, including records, primarily related to those functions of the divisions of enforcement and science and customer and employee services that are assigned to the department of environmental quality by this act.

AB926,330,24 4. Any other tangible personal property related to the administrative functions of the department of natural resources that the secretary of natural resources determines should be transferred.

AB926,331,3 (f) Contracts transferred. The following contracts entered into by the department of natural resources in effect on the effective date of this paragraph remain in effect and are transferred to the department of environmental quality:

AB926,331,5 1. Contracts that are primarily related to the functions of the division of air and waste.

AB926,331,9 2. Contracts that are primarily related to the functions of the bureau of drinking water and groundwater and to those functions of the bureau of watershed management that are assigned to the department of environmental quality by this act.

AB926,331,12 3. Contracts that are primarily related to those functions of the divisions of enforcement and science and customer and employee services that are assigned to the department of environmental quality by this act.

AB926,331,15 4. Any other contracts related to the administrative functions of the department of natural resources that the secretary of natural resources determines should be transferred.

AB926,331,19 (g) Contracts carried out. The department of environmental quality shall carry out the obligations in a contract under paragraph (f ) except to the extent that the contract is modified or rescinded by the department of environmental quality in a manner allowed under the contract.

AB926,331,20 (h) Rules and orders.

AB926,331,25 1. The following rules promulgated and orders issued by the department of natural resources that are in effect on the effective date of this subdivision shall be considered rules and orders of the department of environmental quality and shall remain in effect until their specified effective dates or until modified, repealed, or rescinded by the department of environmental quality:

AB926,332,2 a. The rules and orders that are primarily related to the functions of the division of air and waste.

AB926,332,6 b. The rules and orders that are primarily related to the functions of the bureau of drinking water and groundwater and to those functions of the bureau of watershed management that are assigned to the department of environmental quality by this act.

AB926,332,9 c. The rules and orders that are primarily related to those functions of the divisions of enforcement and science and customer and employee services that are assigned to the department of environmental quality by this act.

AB926,332,15 2. In the rules and orders under subdivision 1., references to the secretary or department of natural resources or to an officer or employee of the department of natural resources transferred under this act to the department of environmental quality shall be treated as references to the secretary or department of environmental quality or to an officer or employee of the department of environmental quality.

AB926,332,21 (i) Pending matters. The following matters pending with the department of natural resources on the effective date of this paragraph are transferred to the department of environmental quality, and all materials submitted to or actions taken by the department of natural resources with respect to the following pending matters are considered as having been submitted to or taken by the department of environmental quality:

AB926,332,23 1. Pending matters that are primarily related to the functions of the division of air and waste.

AB926,333,2 2. Pending matters that are primarily related to the functions of the bureau of drinking water and groundwater and to those functions of the bureau of watershed management that are assigned to the department of environmental quality by this act.

AB926,333,5 3. Pending matters that are primarily related to those functions of the divisions of enforcement and science and customer and employee services that are assigned to the department of environmental quality by this act.

AB926,333,7 4. Any other pending maters relating to the administration of the department that the secretary of natural resources determines should be transferred.

AB926,333,12 (j) Dispute resolution. The secretary of environmental quality or the secretary of natural resources may, after the effective date of this paragraph, and before July 1, 2012, request the joint committee on finance to modify the transfers provided under paragraphs (a), (b), (d ), (e), (f), and (i). The committee may make those transfers as requested or as modified by the committee.

AB926,333,14 (2) Transfer of the division of forestry to the department of agriculture, trade and consumer protection.

AB926,333,23 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of natural resources that are primarily related to the functions of the division of forestry and to the functions of the division of land that concern southern state forests, as determined by the secretary of administration, shall become the assets and liabilities of the department of agriculture, trade and consumer protection. If either department is dissatisfied with the secretary's determination, that department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

AB926,333,24 (b) Employee transfers.

AB926,334,9 1. All incumbent employees holding positions in the department of natural resources relating primarily to the functions of the division of forestry and to the functions of the division of land that concern southern state forests, as determined by the secretary of administration, are transferred on the effective date of this subdivision to the department of agriculture, trade and consumer protection. If either department is dissatisfied with the secretary's determination, that department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

AB926,334,16 2. The secretary of administration shall determine which incumbent employees holding positions in the department of natural resources that relate primarily to general administration and program support will be transferred to the department of agriculture, trade and consumer protection. If either department is dissatisfied with the secretary's determination, that department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

AB926,334,22 (c) Employee status. Employees transferred under paragraph (b) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of agriculture, trade and consumer protection that he or she enjoyed in the department of natural resources 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.

AB926,335,6 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources that is primarily related to the functions of the division of forestry and to the functions of the division of land that concern southern state forests, as determined by the secretary of administration, shall be transferred to the department of agriculture, trade and consumer protection. If either department is dissatisfied with the secretary's determination, that department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

AB926,335,18 (e) Contracts. All contracts entered into by the department of natural resources in effect on the effective date of this paragraph that are primarily related to the functions of the division of forestry and to the functions of the division of land that concern southern state forests, as determined by the secretary of administration, remain in effect and are transferred to the department of agriculture, trade and consumer protection. If either department is dissatisfied with the secretary's determination, that department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision. The department of agriculture, trade and consumer protection shall carry out any such contractual obligations unless modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

AB926,336,9 (f) Rules and orders. All rules promulgated by the department of natural resources that are primarily related to the functions of the division of forestry and to the functions of the division of land that concern southern state forests, as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of agriculture, trade and consumer protection. All orders issued by the department of natural resources that are primarily related to the functions of the division of forestry and to the functions of the division of land that concern southern state forests, as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of agriculture, trade and consumer protection. If either department is dissatisfied with the secretary's determination, that department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

AB926,336,21 (g) Pending matters. Any matter pending with the department of natural resources on the effective date of this paragraph that is primarily related to the functions of the division of forestry and to the functions of the division of land that concern southern state forests, as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection and all materials submitted to or actions taken by the department of natural resources with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection. If either department is dissatisfied with the secretary's determination, that department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

AB926,337,4 (h) Position changes. The authorized full-time equivalent positions for the department of natural resources funded by an appropriation immediately before the effective date of this paragraph are reduced by the number of full-time equivalent positions funded by that appropriation that are transferred to the department of agriculture, trade and consumer protection under paragraph (b), and the authorized full-time equivalent positions for the department of agriculture, trade and consumer protection funded by the equivalent appropriation to that department are increased by the same number.

AB926, s. 1191 Section 1191. Effective date.

AB926,337,6 (1) This act takes effect on July 1, 2011.

AB926,337,7 (End)