AB150: Bill Text Engrossed

AB150-engrossed,2039,3 227.53 (1) (b) 3. The credit union review board, the commissioner office of credit unions.

AB150-engrossed, s. 6236 Section 6236. 227.53 (1) (b) 4. of the statutes is amended to read:

AB150-engrossed,2039,8 227.53 (1) (b) 4. The savings and loan review board, the commissioner division of savings and loan, except if the petitioner is the commissioner division of savings and loan, the prevailing parties before the savings and loan review board shall be the named respondents.

AB150-engrossed, s. 6237 Section 6237. 227.53 (1) (b) 5. of the statutes is amended to read:

AB150-engrossed,2039,13 227.53 (1) (b) 5. The savings bank review board, the commissioner division of savings and loan, except if the petitioner is the commissioner division of savings and loan, the prevailing parties before the savings bank review board shall be the named respondents.

AB150-engrossed, s. 6238 Section 6238. 227.59 of the statutes is amended to read:

AB150-engrossed,2040,6 227.59 Certification of certain cases from the circuit court of Dane county to other circuits. Any action or proceeding for the review of any order of an administrative officer, commission, department or other administrative tribunal of the state required by law to be instituted in or taken to the circuit court of Dane county except an action or appeal for the review of any order of the department of industry, labor and human relations or the department of development or findings and orders of the labor and industry review commission which is instituted or taken and is not called for trial or hearing within 6 months after the proceeding or action is instituted, and the trial or hearing of which is not continued by stipulation of the parties or by order of the court for cause shown, shall on the application of either party on 5 days' written notice to the other be certified and transmitted for trial to the circuit court of the county of the residence or principal place of business of the plaintiff or petitioner, where the action or proceeding shall be given preference. Unless written objection is filed within the 5-day period, the order certifying and transmitting the proceeding shall be entered without hearing. The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane county a fee of $2 for transmitting the record.

AB150-engrossed, s. 6239 Section 6239. 228.01 of the statutes is amended to read:

AB150-engrossed,2040,22 228.01 Recording of documents and public records by mechanical process authorized. Whenever any officer of any county having a population of 500,000 or more is required or authorized by law to file, record, copy, recopy or replace any document, court order, plat, paper, written instrument, writings, record or book of record, on file or of record in his or her office, notwithstanding any other provisions in the statutes, the officer may do so by photostatic, photographic, microphotographic, microfilm, optical imaging, electronic formatting or other mechanical process which produces a clear, accurate and permanent copy or reproduction of the original document, court order, plat, paper, written instrument, writings, record or book of record in accordance with the standards specified under ss. 16.61 (7) and 16.612. Any such officer may also reproduce by such processes or transfer from optical disk or electronic storage any document, court order, plat, paper, written instrument, writings, record or book of record which has previously been filed, recorded, copied or recopied. Optical imaging or electronic formatting of any document is subject to authorization under s. 59.145 (1).

AB150-engrossed, s. 6240 Section 6240. 228.03 of the statutes is amended to read:

AB150-engrossed,2041,6 228.03 Copy to be deemed to be original record. (1) A photographic reproduction of an original document, court order, plat, paper, written instrument, writing, record, book of record, file or other material, or a copy of material generated from optical disk or electronic storage of the original material, bearing upon or pertinent to the activities and functions of any county office, department, agency, board, commission, court or institution, in counties having a population of 500,000 or more, is deemed to be an original for all purposes, if it meets the applicable standards established in ss. 16.61 and 16.612.

AB150-engrossed,2041,24 (2) Any photographic reproduction of an original record meeting the standards prescribed in s. 16.61 (7) or copy of a record generated from an original record stored in optical disk or electronic format in compliance with ss. 16.61 and 16.612 shall be taken as and stand in lieu of and have all of the effect of the original record and shall be admissible in evidence in all courts and all other tribunals or agencies, administrative or otherwise, in all cases where the original document is admissible. A transcript, exemplification or certified copy of such a reproduction of an original record, or certified copy of a record generated from an original record stored in optical disk or electronic format, for the purposes specified in this subsection, is deemed to be a transcript, exemplification or certified copy of the original. The custodian of a photographic reproduction shall place the reproduction or optical disk in conveniently accessible storage and shall make provision for preserving, examining and using the reproduction of the record or generating a copy of the record from optical disk or electronic storage. An enlarged copy of a photographic reproduction of a record made in accordance with the standards specified in s. 16.61 (7) or an enlarged copy of a record generated from an original record stored in optical disk or electronic format in compliance with ss. 16.61 and 16.612 that is certified by the custodian as provided in s. 889.18 (2) has the same effect as an actual-size copy.

AB150-engrossed, s. 6241 Section 6241. 228.04 of the statutes is amended to read:

AB150-engrossed,2042,12 228.04 Inspection of records and copies of records. Every custodian of public records in counties having a population of 500,000 or more shall keep them in such arrangement and condition as to make them easily accessible for convenient use. Photographic, photostatic, microphotographic, microfilm or other mechanical process of reproduction of public records or optical imaging or electronic formatting of public records shall be considered as accessible for convenient use, provided that a suitable means for public inspection of the records is provided by the custodian. Except as otherwise expressly provided by law, the custodian shall permit all public records in his or her custody to be inspected, examined, abstracted or copied at reasonable times and under his or her supervision and regulation by any person; and the custodian shall, upon the demand of any person, furnish certified copies thereof on payment in advance of fees not to exceed the fees prescribed by law.

AB150-engrossed, s. 6242 Section 6242. 228.05 of the statutes is amended to read:

AB150-engrossed,2042,24 228.05 Marginal references. The register of deeds of any county having a population of 500,000 or more who has copied a document by microphotography, microfilm, or optical imaging or electronic formatting that is accepted by him or her for recording or filing shall also, as a substitute for marginal references required, prepare an index for documents of ancillary nature for which marginal references are required. Such index for ancillary documents shall be prepared and maintained to show the document number or volume and page of the original recording or filing plus a record of any recordings or filings affecting or pertinent to such original recording or filing requiring marginal references subsequent to the date on which the county begins such recording or recopying by microphotography, microfilm , or optical imaging or electronic formatting.

AB150-engrossed, s. 6242m Section 6242m. 230.01 (2) of the statutes is amended to read:

AB150-engrossed,2043,17 230.01 (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.

AB150-engrossed, s. 6243 Section 6243. 230.03 (3) of the statutes is amended to read:

AB150-engrossed,2043,24 230.03 (3) "Agency" means any state board, commission, committee, council, or department in the state or unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department or unit thereof or an authority created under ch. 231, 232, 233, 234 or 235.

AB150-engrossed, s. 6244 Section 6244. 230.048 of the statutes is repealed.

AB150-engrossed, s. 6245 Section 6245. 230.08 (2) (b) of the statutes is amended to read:

AB150-engrossed,2044,3 230.08 (2) (b) All officers and employes of the state appointed by the governor whether subject to confirmation or not, unless otherwise provided.

AB150-engrossed, s. 6246 Section 6246. 230.08 (2) (e) 3. of the statutes is amended to read:

AB150-engrossed,2044,5 230.08 (2) (e) 3. Development Commerce — 5 7.

AB150-engrossed, s. 6248m Section 6248m. 230.08 (2) (e) 4. of the statutes is amended to read:

AB150-engrossed,2044,7 230.08 (2) (e) 4. Employment relations — 4 3.

AB150-engrossed, s. 6249 Section 6249. 230.08 (2) (e) 4f. of the statutes is created to read:

AB150-engrossed,2044,9 230.08 (2) (e) 4f. Financial institutions — 4.

AB150-engrossed, s. 6250 Section 6250. 230.08 (2) (e) 4m. of the statutes is amended to read:

AB150-engrossed,2044,11 230.08 (2) (e) 4m. Gaming commission board — 4 3.

AB150-engrossed, s. 6251 Section 6251. 230.08 (2) (e) 5. of the statutes is amended to read:

AB150-engrossed,2044,13 230.08 (2) (e) 5. Health and social services — 7 5.

AB150-engrossed, s. 6252 Section 6252. 230.08 (2) (e) 6. of the statutes is amended to read:

AB150-engrossed,2044,15 230.08 (2) (e) 6. Industry, labor and human relations — 7 8.

AB150-engrossed, s. 6253 Section 6253. 230.08 (2) (e) 9. of the statutes is renumbered 230.08 (2) (e) 3g. and amended to read:

AB150-engrossed,2044,18 230.08 (2) (e) 3g. Public instruction Education — 5.

AB150-engrossed, s. 6253m Section 6253m. 230.08 (2) (e) 11. of the statutes is amended to read:

AB150-engrossed,2044,20 230.08 (2) (e) 11. Revenue — 3 4.

AB150-engrossed, s. 6257g Section 6257g. 230.08 (2) (fs) of the statutes is amended to read:

AB150-engrossed,2044,25 230.08 (2) (fs) All deputies of department secretaries appointed under s. 15.04 (2) and executive assistants to department secretaries appointed under s. 15.05 (3), including those appointed by the attorney general, the adjutant general, the director of the technical college system and the state superintendent of public instruction.

AB150-engrossed, s. 6258 Section 6258. 230.08 (2) (g) of the statutes is amended to read:

AB150-engrossed,2045,5 230.08 (2) (g) One stenographer appointed by each elective executive officer, other than the state treasurer, and one deputy or assistant appointed by each elective executive officer except the attorney general and superintendent of public instruction.

AB150-engrossed, s. 6258m Section 6258m. 230.08 (2) (gm) of the statutes is created to read:

AB150-engrossed,2045,8 230.08 (2) (gm) The executive director of the gaming board, appointed under s. 561.03.

AB150-engrossed, s. 6260 Section 6260. 230.08 (2) (j) of the statutes is repealed.

AB150-engrossed, s. 6261 Section 6261. 230.08 (2) (jg) of the statutes is repealed.

AB150-engrossed, s. 6263 Section 6263. 230.08 (2) (L) 1. of the statutes is repealed.

AB150-engrossed, s. 6264 Section 6264. 230.08 (2) (L) 3. of the statutes is renumbered 230.08 (2) (em) and amended to read:

AB150-engrossed,2045,15 230.08 (2) (em) Office The director of commissioner of credit unions, created under s. 15.59.

AB150-engrossed, s. 6266 Section 6266. 230.08 (2) (L) 4. of the statutes is repealed.

AB150-engrossed, s. 6267 Section 6267. 230.08 (2) (L) 6. of the statutes is repealed.

AB150-engrossed, s. 6268 Section 6268. 230.08 (2) (L) 7. of the statutes is repealed.

AB150-engrossed, s. 6271m Section 6271m. 230.08 (2) (m) of the statutes is repealed.

AB150-engrossed, s. 6272 Section 6272. 230.08 (2) (mp) of the statutes is repealed.

AB150-engrossed, s. 6274m Section 6274m. 230.08 (2) (t) of the statutes is created to read:

AB150-engrossed,2045,23 230.08 (2) (t) All employes of the office of the state superintendent of public instruction.

AB150-engrossed, s. 6275 Section 6275. 230.08 (2) (xm) of the statutes is repealed.

AB150-engrossed, s. 6275m Section 6275m. 230.08 (2) (yz) of the statutes is created to read:

AB150-engrossed,2046,1 230.08 (2) (yz) The staff of the Wisconsin sesquicentennial commission.

AB150-engrossed, s. 6276 Section 6276. 230.08 (2) (zm) of the statutes is repealed.

AB150-engrossed, s. 6277m Section 6277m. 230.08 (4) (a) of the statutes is amended to read:

AB150-engrossed,2046,12 230.08 (4) (a) The number of administrator positions specified in sub. (2) (e) includes all administrator positions specifically authorized by law to be employed outside the classified service in each department, board or commission and the historical society. In this paragraph, "department" has the meaning given under s. 15.01 (5), "board" means the educational communications board, investment board, public defender board, gaming board and technical college system board and "commission" means the public service commission and the gaming commission. Notwithstanding sub. (2) (z), no division administrator position exceeding the number authorized in sub. (2) (e) may be created in the unclassified service.

AB150-engrossed, s. 6277r Section 6277r. 230.09 (2) (b) of the statutes is amended to read:

AB150-engrossed,2046,24 230.09 (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.

AB150-engrossed, s. 6279 Section 6279. 230.09 (2) (g) of the statutes is amended to read:

AB150-engrossed,2047,20 230.09 (2) (g) When filling a new or vacant position, if the secretary determines that the classification for a position is different than that provided for by the legislature as established by law or in budget determinations, or as authorized by the joint committee on finance under s. 13.10, or as specified by the governor creating positions under s. 16.505 (1) (c) or (2), the University of Wisconsin Hospitals and Clinics Board creating positions under s. 16.505 (2n) or the board of regents of the university of Wisconsin system creating positions under s. 16.505 (2m), or is different than that of the previous incumbent, the secretary shall notify the administrator and the secretary of administration. The administrator shall withhold action on the selection and certification process for filling the position. The secretary of administration shall review the position to determine that sufficient funds exist for the position and that the duties and responsibilities of the proposed position reflect the intent of the legislature as established by law or in budget determinations, the intent of the joint committee on finance acting under s. 13.10, the intent of the governor creating positions under s. 16.505 (1) (c) or (2), the University of Wisconsin Hospitals and Clinics Board creating positions under s. 16.505 (2n) or the intent of the board of regents of the university of Wisconsin system creating positions under s. 16.505 (2m). The administrator may not proceed with the selection and certification process until the secretary of administration has authorized the position to be filled.

AB150-engrossed, s. 6279c Section 6279c. 230.12 (1) (b) of the statutes is amended to read:

AB150-engrossed,2048,8 230.12 (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.

AB150-engrossed, s. 6279g Section 6279g. 230.12 (3) (a) of the statutes is amended to read:

AB150-engrossed,2048,23 230.12 (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.

AB150-engrossed, s. 6279n Section 6279n. 230.12 (3) (b) of the statutes is amended to read:

AB150-engrossed,2049,14 230.12 (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.

AB150-engrossed, s. 6279r Section 6279r. 230.12 (3) (e) of the statutes is amended to read:

AB150-engrossed,2050,14 230.12 (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.

AB150-engrossed, s. 6279w Section 6279w. 230.125 of the statutes is created to read:

AB150-engrossed,2051,4 230.125 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.

AB150-engrossed,2051,13 (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).

AB150-engrossed,2051,25 (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.

AB150-engrossed, s. 6280 Section 6280. 230.14 (4) of the statutes is created to read:

AB150-engrossed,2052,5 230.14 (4) The administrator may charge an agency a fee to announce any vacancy to be filled in a classified or unclassified position in that agency. Funds received under this subsection shall be credited to the appropriation account under s. 20.512 (1) (ka).

AB150-engrossed, s. 6281 Section 6281. 230.147 (1) of the statutes is amended to read:

AB150-engrossed,2052,16 230.147 (1) Each appointing authority of an agency with more than 100 authorized permanent full-time equivalent positions shall prepare and implement a plan of action to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19 with the goal of making the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19 in this state in the previous fiscal year, as determined by the department of health and social services, to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of industry, labor and human relations.

AB150-engrossed, s. 6282 Section 6282. 230.147 (2) of the statutes is amended to read:

AB150-engrossed,2053,2 230.147 (2) Each appointing authority of an agency with 100 or fewer authorized permanent full-time equivalent positions is encouraged to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19 to attempt to make the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19 in this state in the previous fiscal year, as determined by the department of health and social services, to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of industry, labor and human relations.

AB150-engrossed, s. 6283 Section 6283. 230.213 of the statutes is amended to read:

AB150-engrossed,2053,17 230.213 Affirmative action procedures for corrections positions. The administrator may, to meet affirmative action objectives, establish such recruitment, examination and certification procedures for positions in the department of corrections and for positions in juvenile correctional institutions within the division of youth services in the department of health and social services as will enable the department of corrections and the division of youth services in the department of health and social services to increase the number of employes of a specified gender or a specified racial or ethnic group in those positions. The administrator shall design the procedures to obtain a work force in the department of corrections and in juvenile correctional institutions within the division of youth services in the department of health and social services that reflects the relevant labor pool. The administrator may determine the relevant labor pool from the population of the state or of a particular geographic area of the state, whichever is more appropriate for achieving the affirmative action objective.

AB150-engrossed, s. 6283m Section 6283m. 230.213 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,2054,4 230.213 Affirmative action procedures for corrections positions. The administrator may, to meet affirmative action objectives, establish such recruitment, examination and certification procedures for positions in the department of corrections as will enable the department of corrections to increase the number of employes of a specified gender or a specified racial or ethnic group in those positions. The administrator shall design the procedures to obtain a work force in the department of corrections that reflects the relevant labor pool. The administrator may determine the relevant labor pool from the population of the state or of a particular geographic area of the state, whichever is more appropriate for achieving the affirmative action objective.