(1)(a) On and
after July 1, 2016, the powers, duties, and functions of the department of labor and
employment include the powers, duties, and functions regarding vocational
rehabilitation programs, including the business enterprise program, that were
formerly vested in the department of human services prior to that date.
(b)By July 1, 2016, the department of labor and employment shall execute,
administer, perform, and enforce the rights, powers, duties, functions, and
obligations regarding vocational rehabilitation programs, including the business
enterprise program, that are transferred to the department pursuant to this article.
(c)By July 1, 2016, the officers and employees of the department of human
services prior to that date whose duties and functions concerned the dutie
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(1) (a) On and
after July 1, 2016, the powers, duties, and functions of the department of labor and
employment include the powers, duties, and functions regarding vocational
rehabilitation programs, including the business enterprise program, that were
formerly vested in the department of human services prior to that date.
(b) By July 1, 2016, the department of labor and employment shall execute,
administer, perform, and enforce the rights, powers, duties, functions, and
obligations regarding vocational rehabilitation programs, including the business
enterprise program, that are transferred to the department pursuant to this article.
(c) By July 1, 2016, the officers and employees of the department of human
services prior to that date whose duties and functions concerned the duties and
functions transferred to the department pursuant to this article and whose
employment in the department is deemed necessary by the executive director to
carry out the purposes of this article are transferred to the department and become
employees of the department. The employees retain all rights to the personnel
system and retirement benefits pursuant to the laws of this state, and their services
are deemed to be continuous. All transfers and any abolishment of positions in the
state personnel system shall be made and processed in accordance with state
personnel system laws and regulations.
(d) By July 1, 2016, all items of property, real and personal, including office
furniture and fixtures, books, documents, and records of the department of human
services prior to that date pertaining to the duties and functions transferred to the
department pursuant to this article are transferred to the department and become
the property of the department.
(e) (I) On and after July 1, 2016, whenever the functions of the department of
human services or the division of vocational rehabilitation in the department of
human services relating to vocational rehabilitation programs or services, including
the business enterprise program, are referred to or designated by a contract or
other document in connection with the duties and functions transferred to the
department pursuant to this article, the reference or designation is deemed to
apply to the department.
(II) All contracts entered into by the department of human services prior to
July 1, 2016, in connection with the duties and functions transferred to the
department pursuant to this article are hereby validated, with the department
succeeding to all the rights and obligations of the contracts. Any appropriations of
funds from prior fiscal years open to satisfy obligations incurred pursuant to those
contracts are transferred and appropriated to the department for the payment of
those obligations.
(2) (a) Starting on July 1, 2016, the department shall begin working with
partners, stakeholders, and respective staff from both departments to transition
vocational rehabilitation programs, including the business enterprise program, from
the department of human services to the department of labor and employment. In
addition to preparing and presenting a detailed transition plan as required by
paragraph (b) of this subsection (2), starting in September 2015, the department
shall present quarterly reports to the joint budget committee on the status of the
transition of vocational rehabilitation programs, including the business enterprise
program, from the department of human services to the department of labor and
employment.
(b) By December 1, 2015, the department of human services and the
department of labor and employment shall prepare a detailed transition plan,
including statutory and budgetary recommendations, to be presented to the joint
budget committee and the oversight standing committees for each department on
any additional statutory changes that may be necessary to effectuate the transfer
of vocational rehabilitation programs, including the business enterprise program, to
the department of labor and employment and ensure the protection of vocational
rehabilitation clients. In developing the transition plan, the departments shall
include input and recommendations from interested stakeholders, including the
state rehabilitation council.