227.485 (2) (e) "State agency" does not include the public intervenor or citizens utility board.".
636.
Page 1863, line 14: after that line insert:
"SECTION 6242m. 230.01 (2) of the statutes is amended to read:
230.01 (2) It is the policy of the state and the responsibility of the secretary and the administrator to maintain a system of personnel management which fills positions in the classified service through methods which apply the merit principle, with adequate civil service safeguards. It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, handicap, sex, national origin, ancestry, sexual orientation or political affiliation. It is the policy of this state to take affirmative action which is not in conflict with other provisions of this chapter. It is the policy of the state to ensure its employes opportunities for satisfying careers and fair treatment based on the value of each employe's services. It is the policy of this state to encourage disclosure of information under subch. III and to ensure that any employe employed by a governmental unit is protected from retaliatory action for disclosing information under subch. III. It Subject to the pay range maximum and compensation maximum under s. 230.125, it is the policy of this state to correct pay inequities based on gender or race in the state civil service system.".
637.
Page 1865, line 17: after that line insert:
"SECTION 6274m. 230.08 (2) (t) of the statutes is created to read:
230.08 (2) (t) All employes of the office of the state superintendent of public instruction.".
638.
Page 1865, line 18: after that line insert:
"SECTION 6275m. 230.08 (2) (yz) of the statutes is created to read:
230.08 (2) (yz) The staff of the Wisconsin sesquicentennial commission.".
639.
Page 1866, line 4: after that line insert:
"SECTION 6277r. 230.09 (2) (b) of the statutes is amended to read:
230.09 (2) (b) To accommodate and effectuate the continuing changes in the classification plan as a result of the classification survey program and otherwise, the secretary shall, upon initial establishment of a classification, assign that class to the appropriate pay rate or range, and may, upon subsequent review, reassign classes to different pay rates or ranges. The secretary shall assign each class to a pay range according to the skill, effort, responsibility and working conditions required for the class, without regard to whether the class is occupied primarily by members of a certain gender or racial group. The secretary shall give notice to appointing authorities to permit them to make recommendations before final action is taken on any such assignment or reassignment of classes. Section 230.125 shall apply to this paragraph.".
640.
Page 1866, line 24: after that line insert:
"SECTION 6279c. 230.12 (1) (b) of the statutes is amended to read:
230.12 (1) (b) Schedules. The several separate pay schedules may incorporate different wage and salary administration features. Each Subject to the pay range maximum and compensation maximum under s. 230.125, each schedule shall provide for pay ranges or pay rates and applicable methods and frequency of within range pay adjustments based on such considerations as competitive practice, appropriate principles and techniques of wage and salary administration and determination, elimination of pay inequities based on gender or race, and the needs of the service. Not limited by enumeration, such considerations for establishment of pay rates and ranges and applicable within range pay adjustments may include provisions prevalent in schedules used in other public and private employment, professional or advanced training, recognized expertise, or any other criteria which assures state employe compensation is set on an equitable basis.
SECTION 6279g. 230.12 (3) (a) of the statutes is amended to read:
230.12 (3) (a) Submission to the joint committee on employment relations. The secretary shall submit to the joint committee on employment relations a proposal for any required changes in the compensation plan which may include across the board pay adjustments for positions in the classified service. The proposal shall include the amounts and methods for within range pay progression, for pay transactions, and for performance awards. The proposal shall be based upon experience in recruiting for the service, the principle of providing pay equity regardless of gender or race, data collected as to rates of pay for comparable work in other public services and in commercial and industrial establishments, recommendations of agencies and any special studies carried on as to the need for any changes in the compensation plan to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. Section 230.125 shall apply to any proposal submitted to the joint committee on employment relations under this paragraph.
SECTION 6279n. 230.12 (3) (b) of the statutes is amended to read:
230.12 (3) (b) Public hearing on the proposal; adoption of plan. The secretary shall submit the proposal for any required changes in the compensation plan to the joint committee on employment relations. The committee shall hold a public hearing on the proposal. The proposal, as may be modified by the joint committee on employment relations together with the unchanged provisions of the current compensation plan, shall, for the ensuing fiscal year or until a new or modified plan is adopted under this subsection, constitute the state's compensation plan for positions in the classified service. Any modification of the secretary's proposed changes in the compensation plan by the joint committee on employment relations may be disapproved by the governor within 10 calendar days. A vote of 6 members of the joint committee on employment relations is required to set aside any such disapproval of the governor. The joint committee on employment relations may not approve or modify and approve any changes in the compensation plan that exceed any pay range or compensation maximum established under s. 230.125.
SECTION 6279r. 230.12 (3) (e) of the statutes is amended to read:
230.12 (3) (e) University of Wisconsin system faculty and academic staff employes. The secretary, after receiving recommendations from the board of regents, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employe benefits for employes under ss. 20.923 (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V of ch. 111 for which a representative is certified. The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employe benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employe benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employes under ss. 20.923 (5) and (6) (m) and 230.08 (2) (d). The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employes under ss. 20.923 (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents. Section 230.125 shall apply to any proposal submitted to the joint committee on employment relations under this paragraph.
SECTION 6279w. 230.125 of the statutes is created to read:
230.125 Nonpublic employer pay survey; maximum pay ranges and compensation. (1) Annually, the department shall conduct a pay survey among nonpublic employers to determine the prevailing market wage for jobs in the private sector that are comparable to positions in state employment, other than for positions occupied by employes who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V of ch. 111 and by employes of the state court system whose compensation is set under s. 751.02. If there is no comparable job in the private sector for a position in state employment, the department may survey public employers in other states to determine the prevailing market wage for comparable jobs in public employment in other states. The department shall complete the pay survey and the secretary shall submit the results of the pay survey to the cochairpersons of the joint committee on employment relations before the beginning of the first day of the pay period closest to July 1 of each year.
(2) Beginning on the first day of the pay period closest to July 1 of each year, no employe, other than an employe who is included in a collective bargaining unit for which a representative is recognized or certified under subch. V of ch. 111 or an employe of the state court system whose compensation is set under s. 751.02, may receive an increase in his or her basic pay rate, other than an across the board pay adjustment, if his or her basic pay rate is equal to or greater than 150% of the prevailing market wage for a job in the private sector or, where applicable, public sector, that is comparable to his or her position in state employment, as determined by the pay survey conducted by the department under sub. (1).
(3) If the pay range maximum for a position in state employment, other than a position occupied by an employe who is included in a collective bargaining unit for which a representative is recognized or certified under subch. V of ch. 111 or by an employe of the state court system whose compensation is set under s. 751.02, is equal to or greater than 150% of the prevailing market wage for such a job in the private sector or, where applicable, public sector, as determined by the pay survey conducted by the department under sub. (1), the pay range maximum for that position may not be increased. If the pay range maximum for such a position in state employment is less than 150% of the prevailing market wage for such a job in the private sector or, where applicable, public sector, the pay range maximum for that position may not be increased to an amount that is equal to or greater than 150% of the prevailing market wage for such a job in the private sector or, where applicable, public sector.".
641.
Page 1870, line 15: after "probation" insert "or community supervision".
642.
Page 1872, line 23: after that line insert:
"SECTION 6297b. 231.13 (2) of the statutes is amended to read:
231.13 (2) The authority shall pledge the revenues derived and to be derived from a project and other related health facilities, educational facilities or child care centers for the purposes specified in sub. (1), and additional bonds may be issued which may rank on a parity with other bonds relating to the project to the extent and on the terms and conditions provided in the bond resolution. Such pledge shall be valid and binding from the time when the pledge is made, the revenues so pledged by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the bond resolution nor any financing statement, continuation statement or other instrument by which a pledge is created or by which the authority's interest in revenues is assigned need be filed or recorded in any public records in order to perfect the lien thereof as against 3rd parties, except that a copy thereof shall be filed in the records of the authority and with the secretary of state department of financial institutions.".
643.
Page 1877, line 14: substitute "(4)" for "(3)".
****NOTE: Corrects a cross-reference to a renumbered nonstatutory subsection.
644.
Page 1894, line 16: on lines 16 and 18, delete "$25,000,000" and substitute "$50,000,000".
645.
Page 1894, line 22: substitute "(4)" for "(3)".
****NOTE: Corrects a cross-reference to a renumbered nonstatutory subsection.
646.
Page 1895, line 25: substitute "73.255" for "49.855".
647.
Page 1896, line 3: after that line insert:
"SECTION 6302j. 234.265 (2) of the statutes is amended to read:
234.265 (2) Records or portions of records consisting of personal or financial information provided by a person seeking a grant or loan under s. 234.08, 234.49, 234.59, 234.65, 234.67, 234.68, 234.69, 234.70, 234.765, 234.82, 234.83, 234.84, 234.87, 234.90, 234.905 or 234.907, seeking a loan under ss. 234.621 to 234.626, seeking financial assistance under s. 234.66 or under ss. 234.75 to 234.802, seeking investment of funds under s. 234.03 (18m) or in which the authority has invested funds under s. 234.03 (18m), unless the person consents to disclosure of the information.".
648.
Page 1896, line 6: on lines 6 and 7, delete "industry, labor and human relations" and substitute "revenue".
649.
Page 1896, line 7: on lines 7 and 20, substitute "73.255" for "49.855".
650.
Page 1897, line 2: on lines 2, 14, 18 and 22, substitute "73.255" for "49.855".
651.
Page 1897, line 11: after that line insert:
"SECTION 6305i. 234.82 (title) of the statutes is amended to read:
234.82 (title) Business improvement or start-up loan guarantee program.
SECTION 6305j. 234.82 (1) (a) of the statutes is renumbered 234.82 (1) (a) (intro.) and amended to read:
234.82 (1) (a) (intro.) "Eligible business" means a any of the following:
1. A business that is primarily engaged in or derives a substantial percentage of its annual gross revenue from furnishing goods, services, lodging, recreation facilities or amusement facilities to tourists or from furnishing goods or services to such businesses.
SECTION 6305k. 234.82 (1) (a) 2. of the statutes is created to read:
234.82 (1) (a) 2. A business that derives more than 50% of its annual gross revenue from furnishing lodging.
SECTION 6305km. 234.82 (2) (intro.) of the statutes is amended to read:
234.82 (2) GUARANTEE REQUIREMENTS. (intro.) The authority may use money from the Wisconsin development reserve fund to guarantee a business improvement or start-up loan if all of the following apply:
SECTION 6305L. 234.82 (3) (a) of the statutes is amended to read:
234.82 (3) (a) The person is engaged in an eligible business under sub. (1) (a) 1. or intends to engage in an eligible business under sub. (1) (a) 2.
SECTION 6305m. 234.82 (3) (b) of the statutes is amended to read:
234.82 (3) (b) The annual gross revenue of the person, together with any parent, subsidiary or affiliate corporation, does not exceed $2,500,000 or, if the person intends to engage in an eligible business under sub. (1) (a) 2., the annual gross revenue of the person, together with any parent, subsidiary or affiliate corporation, will not exceed $2,500,000.
SECTION 6305n. 234.82 (3) (c) of the statutes is amended to read:
234.82 (3) (c) The person, together with any parent, subsidiary or affiliate corporation, employs fewer than 25 employes on a full-time basis or, if the person intends to engage in an eligible business under sub. (1) (a) 2., the person, together with any parent, subsidiary or affiliate corporation, will employ fewer than 25 employes on a full-time basis.
SECTION 6305np. 234.82 (4) (a) of the statutes is amended to read:
234.82 (4) (a) The borrower uses the loan proceeds for upgrading, renovating or expanding an eligible business under sub. (1) (a) 1. or for start-up costs for an eligible business under sub. (1) (a) 2. Loan proceeds may be used for direct or related expenses associated with the purchase or improvement of land, buildings, machinery, equipment or inventory. Loan proceeds may not be used to refinance existing debt or for operating or entertainment expenses.".
652.
Page 1897, line 11: after that line insert:
"SECTION 6305nr. 234.84 of the statutes is created to read:
234.84 Job training loan guarantee program. (1) GUARANTEE REQUIREMENTS. The authority may use money from the Wisconsin development reserve fund to guarantee a loan under this section if all of the following apply:
(a) The borrower is an employer in this state.
(b) The loan qualifies as an eligible loan under sub. (2).
(c) The lender is a financial institution that enters into an agreement under s. 234.93 (2) (a).
(2) ELIGIBLE LOANS. A loan is eligible for guarantee of collection from the Wisconsin development reserve fund under s. 234.93 if all of the following apply:
(a) The borrower uses the loan proceeds for expenses related to employe training or retraining or for purchasing equipment or upgrading facilities for purposes related to employe training or retraining.
(b) Loan proceeds are not used to refinance existing debt or for operating or entertainment expenses.
(c) The interest rate on the loan, including any origination fees or other charges, is approved by the authority.
(d) The loan term does not extend beyond 3 years if the loan proceeds are used exclusively for expenses related to instruction or training, or beyond 5 years if the loan proceeds are used for purchasing equipment or upgrading facilities.
(e) The total principal amount of all loans to the borrower that are guaranteed under this section does not exceed $250,000.
(f) The financial institution obtains a security interest in the physical plant, equipment or other assets if the loan proceeds are used for purchasing equipment or upgrading facilities.
(g) The financial institution believes that it is reasonably likely that the borrower will be able to repay the loan in full with interest.
(h) The financial institution agrees to the percentage of guarantee established for the loan by the authority.
(3) GUARANTEE OF COLLECTION. (a) Subject to par. (b), the authority shall guarantee collection of a percentage of the principal of any loan eligible for a guarantee under sub. (1). The authority shall establish the percentage of the principal of an eligible loan that will be guaranteed, using the procedures described in the agreement under s. 234.93 (2) (a). The authority may establish a single percentage for all guaranteed loans or establish different percentages for eligible loans on an individual basis.
(b) Except as provided in s. 234.93 (3), the total outstanding guaranteed principal amount of all loans that the authority may guarantee under par. (a) may not exceed $14,000,000.".
653.
Page 1902, line 8: after that line insert:
"SECTION 6321g. 252.12 (2) (c) of the statutes is created to read:
252.12 (2) (c) HIV prevention grants. From the appropriation under s. 20.435 (7) (md), the department shall award to applying nonprofit corporations or public agencies up to $75,000 in each fiscal year, on a competitive basis, as grants for services to prevent HIV. Criteria for award of the grants shall include all of the following:
1. The scope of proposed services, including the proposed targeted population and numbers of persons proposed to be served.
2. The proposed methodology for the prevention services, including distribution and delivery of information and appropriateness of the message provided.
3. The qualifications of the applicant nonprofit corporation or public agency and its staff.
4. The proposed allocation of grant funds to the nonprofit corporation or public agency staff and services.
5. The proposed method by which the applicant would evaluate the impact of the grant funds awarded.".
654.
Page 1910, line 13: delete the material beginning with that line and ending with page 1912, line 7.
655.
Page 1915, line 25: after that line insert:
"SECTION 6355L. 301.03 (3) of the statutes is amended to read:
301.03 (3) Administer parole and, probation and community supervision matters, except that the decision to grant or deny parole to inmates shall be made by the parole commission and the decision to revoke probation or parole in cases in which there is no waiver of the right to a hearing shall be made by the division of hearings and appeals in the department of administration. The secretary may grant special action parole releases under s. 304.02. The department shall promulgate rules establishing a drug testing program for probationers and parolees and persons on community supervision. The rules shall provide for assessment of fees upon probationers and parolees and persons on community supervision to partially offset the costs of the program.
SECTION 6355m. 301.03 (3r) of the statutes is amended to read:
301.03 (3r) If any restitution ordered under s. 973.20 (1) remains unpaid at the time that a person's probation, community supervision or sentence expires, or he or she is discharged by the department, give to the person upon release, or send to the person at his or her last-known address, written notification that a civil judgment may be issued against the person for the unpaid restitution.".
