LRB-3540/1
RAC:jld:ch
2003 - 2004 LEGISLATURE
October 27, 2003 - Introduced by
Law Revision Committee. Referred to Committee
on Labor.
AB625,1,4
1An Act to repeal 230.32 (6) and 230.337 (1); and
to renumber 230.337 (2) of the
2statutes;
relating to: employment rights of certain employees in the state civil
3service (suggested as remedial legislation by the Office of Employment
4Relations).
Analysis by the Legislative Reference Bureau
Under current law, if the position of any employee who served in a classified
position in the Department of Health and Family Services on January 1, 1990, was
transferred and was unclassified under
1989 Wisconsin Act 31, and if the incumbent
to the position was not appointed to the unclassified position, or if the incumbent was
appointed to the unclassified position and subsequently terminated for any reason
except just cause, the incumbent has certain restoration rights and reinstatement
privileges to a position in the Department of Corrections or the Division of Hearings
and Appeals in the Department of Administration. This bill eliminates this right
granted to these employees.
Under current law, any person who was in the classified service of the state on
June 5, 1953, who began employment with the federal government in civilian war
emergency employment on or after January 1, 1942, and who was not at the time of
such entry a state employee, and who on November 16, 1946, was transferred to the
state civil service has his or her seniority rights determined as though he or she was
in the classified service of the state during the period of employment with the federal
government in civilian war emergency employment. This bill eliminates this right
granted to these employees.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Office of Employment Relations and introduced by the Law
Revision Committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the
various provisions of the bill, the Law Revision Committee has determined that this bill
makes minor substantive changes in the statutes, and that these changes are desirable
as a matter of public policy.
AB625, s. 1
1Section
1
. 230.32 (6) of the statutes is repealed.
Note: Under current law, a specific group of employees have their seniority rights
determined as if they were in the classified service of the state during a period of
employment with the federal government. To qualify, a person must have been in the
classified service of the state on June 5, 1953; have begun employment with the federal
government in civilian war emergency employment on or after January 1, 1942; not have
been a state employee at the time of such entry; and have been transferred to the service
of this state on November 16, 1946, pursuant to P.L.
79-549. According to the Office of
Employee Relations, no employees are currently in this category, nor will any employees
ever become eligible in the future.
Section
1 eliminates this right.
AB625, s. 2
2Section
2
. 230.337 (1) of the statutes is repealed.
AB625, s. 3
3Section
3
. 230.337 (2) of the statutes is renumbered 230.337.
Note: Section 230.337 (1) currently provides restoration rights and reinstatement
privileges to a very specific group of employees. The employee must have served in a
classified position in the department of health and family services on January 1, 1990;
the employee's position must have been transferred and unclassified under
1989
Wisconsin Act 31; and the incumbent to the position must either not have been appointed
to the unclassified position, or have been appointed to the position but then terminated
for a reason other than just cause. According to the Office of Employee Relations, no such
unclassified position was ever created.
Sections
2 and 3 eliminate those employee rights.
