Amendment SSA1-AB373

LRBs0253/1

CMH:kjf&amn

2015 - 2016 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 373

January 20, 2016 - Offered by Senators C. Larson, Ringhand, Wirch, Harris Dodd, Vinehout, Miller, Risser, Shilling, Lassa and Hansen.

AB373-SSA1,2,2 An Act to repeal 15.103 (6m), 15.105 (6) and (6m), 15.107 (3), 111.81 (5), 230.03 (5) and 230.08 (2) (xr); to renumber 20.505 (1) (ic), 20.505 (1) (jc), 20.505 (1) (kn) and 20.505 (1) (ks); to renumber and amend 20.505 (1) (kz); to amend 15.105 (title), 15.16 (1) (intro.), 16.415 (1), 19.45 (11) (a), 20.916 (8) (a), 20.923 (4) (intro.), 20.923 (4) (c) 3m. and (f) 1., 20.923 (8), 20.923 (9), 45.82 (2), 49.78 (5), 59.26 (8) (a), 73.09 (5), 111.86 (2), 227.10 (3) (e), 230.02, 230.03 (9e), 230.03 (10), 230.04 (1m), 230.04 (5), 230.04 (9) (f), 230.04 (18), 230.05 (2) (a) and (9), 230.14 (4), 230.16 (1) (a), 230.16 (1) (b), 230.16 (6), 230.315 (1) (c), 230.46, 230.48 (2), 301.16 (1o) (b) and 938.538 (6m) (b); and to create 15.105 (29), 16.004 (16), 20.545, 20.923 (4) (c) 3n. and 3o., 111.81 (14), 230.03 (10w), 230.04 (16), 230.08 (2) (e) 8j. and 230.08 (2) (ya) of the statutes; relating to: creating an Office of Civil Service.

Analysis by the Legislative Reference Bureau

The 2015-17 biennial budget act, 2015 Wisconsin Act 55, restructured the Office of State Employment Relations (OSER) into a Division of Personnel Management in the Department of Administration (DOA) and restructured the Division of Merit Recruitment and Selection in OSER into a Bureau of Merit Recruitment and Selection in the Division of Personnel Management. This substitute amendment restructures the Division of Personnel Management into the Office of Civil Service and attaches it to DOA for administrative purposes, restructures the Bureau of Merit Recruitment and Selection as a division in the Office of Civil Service, and creates the Division of Labor Relations and the Division of Affirmative Action in the Office of Civil Service.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB373-SSA1,1 Section 1. 15.103 (6m) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB373-SSA1,2 Section 2. 15.105 (title) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-SSA1,2,8 15.105 (title) Same; attached boards, commissions, bureaus, and offices.

AB373-SSA1,3 Section 3. 15.105 (6) and (6m) of the statutes, as created by 2015 Wisconsin Act 55, are repealed.

AB373-SSA1,4 Section 4. 15.105 (29) of the statutes is created to read:

AB373-SSA1,2,15 15.105 (29) Office of civil service. (a) Creation. There is created an office of civil service which is attached to the department of administration under s. 15.03 under the direction and supervision of a director. The director shall serve at the pleasure of the governor.

AB373-SSA1,3,10 (b) Same; specified divisions. 1. `Division of merit recruitment and selection.' There is created in the office of civil service a division of merit recruitment and selection. The administrator of the division of merit recruitment and selection shall be nominated by the governor, and with the advice and consent of the senate appointed for a 5-year term, under the unclassified service from a register of at least 5 names certified to the governor by the director of the office of civil service. The director of the office of civil service shall prepare and conduct an examination for the position of administrator according to the requirements for classified positions under subch. II of ch. 230. The administrator of the division may be renominated by the governor, and with the advice and consent of the senate reappointed.

AB373-SSA1,3,19 2. `Division of labor relations.' There is created in the office of civil service a division of labor relations. The administrator of the division of labor relations shall be nominated by the governor, and with the advice and consent of the senate appointed for a 5-year term, under the unclassified service from a register of at least 5 names certified to the governor by the director of the office of civil service. The director of the office of civil service shall prepare and conduct an examination for the position of administrator according to the requirements for classified positions under subch. II of ch. 230. The administrator of the division may be renominated by the governor, and with the advice and consent of the senate reappointed.

AB373-SSA1,4,4 3. `Division of affirmative action.' There is created in the office of civil service a division of affirmative action. The administrator of the division of affirmative action shall be nominated by the governor, and with the advice and consent of the senate appointed for a 5-year term, under the unclassified service from a register of at least 5 names certified to the governor by the director of the office of civil service. The director of the office of civil service shall prepare and conduct an examination for the position of administrator according to the requirements for classified positions under subch. II of ch. 230. The administrator of the division may be renominated by the governor, and with the advice and consent of the senate reappointed.

AB373-SSA1,5 Section 5. 15.107 (3) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

AB373-SSA1,6 Section 6. 15.16 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-SSA1,4,13 15.16 (1) Employee trust funds board. (intro.) The employee trust funds board shall consist of the governor or the governor's designee on the group insurance board, the administrator of the division of personnel management in the department of administration director of the office of civil service or the administrator's director's designee and 11 persons appointed or elected for 4-year terms as follows:

AB373-SSA1,7 Section 7. 16.004 (16) of the statutes is created to read:

AB373-SSA1,4,17 16.004 (16) Office of civil service administrator positions. The secretary shall assign 3 of the unclassified division administrator positions authorized for the department to the office of civil service.

AB373-SSA1,8 Section 8. 16.415 (1) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-SSA1,5,7 16.415 (1) Neither the secretary nor any other fiscal officer of this state may draw, sign, or issue, or authorize the drawing, signing, or issuing of any warrant on any disbursing officer of the state to pay any compensation to any person in the classified service of the state unless an estimate, payroll, or account for such compensation, containing the names of every person to be paid, bears the certificate of the appointing authority that each person named in the estimate, payroll, or account has been appointed, employed, or subject to any other personnel transaction in accordance with, and that the pay for the person has been established in accordance with, the law, compensation plan, or applicable collective bargaining agreement, and applicable rules of the administrator of the division of personnel management in the department director of the office of civil service and the director of the bureau administrator of the division of of merit recruitment and selection in the department office of civil service then in effect.

AB373-SSA1,9 Section 9. 19.45 (11) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-SSA1,5,15 19.45 (11) (a) The director of the bureau administrator of the division of merit recruitment and selection in the department of administration office of civil service shall, with the board's advice, promulgate rules to implement a code of ethics for classified and unclassified state employees except state public officials subject to this subchapter, personnel in the University of Wisconsin System, and officers and employees of the judicial branch.

AB373-SSA1,10 Section 10. 20.505 (1) (ic) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 20.545 (1) (i).

AB373-SSA1,11 Section 11. 20.505 (1) (jc) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 20.545 (1) (jm).

AB373-SSA1,12 Section 12. 20.505 (1) (kn) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 20.545 (1) (ka).

AB373-SSA1,13 Section 13. 20.505 (1) (ks) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 20.545 (1) (km).

AB373-SSA1,14 Section 14. 20.505 (1) (kz) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 20.545 (1) (k) and amended to read:

AB373-SSA1,6,7 20.545 (1) (k) General program operations. The amounts in the schedule to administer state employment relations functions and the civil service system under subch. V of ch. 111 and ch. 230, to pay awards under s. 230.48, and to defray the expenses of the state employees suggestion board. All moneys received from state agencies for materials and services provided by the division of personnel management in the department of administration office of civil service shall be credited to this appropriation.

AB373-SSA1,15 Section 15. 20.545 of the statutes is created to read:

AB373-SSA1,6,10 20.545 Office of civil service. There is appropriated to the office of civil service for the following programs:

AB373-SSA1,6,12 (1) Civil service. (j) Gifts and donations. All moneys received from gifts, grants, bequests, and devises, to carry out the purposes for which made and received.

AB373-SSA1,6,14 (m) Federal grants and contracts. All moneys received from the federal government to carry out the purposes for which made.

AB373-SSA1,6,17 (pz) Indirect cost reimbursements. All moneys received from the federal government as reimbursement of indirect costs of grants and contracts for the purposes authorized in s. 16.54 (9) (b).

AB373-SSA1,16 Section 16. 20.916 (8) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-SSA1,7,4 20.916 (8) (a) The administrator of the division of personnel management in the department of administration director of the office of civil service shall recommend to the joint committee on employment relations uniform travel schedule amounts for travel by state officers and employees whose compensation is established under s. 20.923 or 230.12. Such amounts shall include maximum permitted amounts for meal and lodging costs, other allowable travel expenses under sub. (9) (d), and porterage tips, except as authorized under s. 16.53 (12) (c). In lieu of the maximum permitted amounts for expenses under sub. (9) (b), (c), and (d), the administrator director may recommend to the committee a per diem amount and method of reimbursement for any or all expenses under sub. (9) (b), (c), and (d).

AB373-SSA1,17 Section 17. 20.923 (4) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB373-SSA1,8,6 20.923 (4) State agency positions. (intro.) State agency heads, the director of the bureau administrator of the division of merit recruitment and selection in the department of administration office of civil service and commission chairpersons and members shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (h). Except for positions specified in pars. (c) 3m. and (g) 1e. and sub. (12), all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the administrator of the division of personnel management in the department of administration director of the office of civil service to one of 10 executive salary groups. The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the administrator of the division of personnel management in the department of administration director of the office of civil service. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:

AB373-SSA1,18 Section 18. 20.923 (4) (c) 3m. and (f) 1. of the statutes, as affected by 2015 Wisconsin Act 55, are amended to read:

AB373-SSA1,8,11 20.923 (4) (c) 3m. Administration, department of; division of personnel management; bureau office of civil service; division of merit recruitment and selection: administrator.

AB373-SSA1,8,13 (f) 1. Administration, department of; division office of personnel management: administrator civil service; director.

AB373-SSA1,19 Section 19. 20.923 (4) (c) 3n. and 3o. of the statutes are created to read:

AB373-SSA1,8,16 20.923 (4) (c) 3n. Administration, department of; office of civil service; division of labor relations: administrator.

AB373-SSA1,8,18 3o. Administration, department of; office of civil service; division of affirmative action: administrator.

AB373-SSA1,20 Section 20. 20.923 (8) of the statutes, as affected by 2015 Wisconsin Acts 55 and 58, is amended to read: