AB150-engrossed, s. 6264
12Section
6264. 230.08 (2) (L) 3. of the statutes is renumbered 230.08 (2) (em)
13and amended to read:
AB150-engrossed,2045,1514
230.08
(2) (em)
Office The director of
commissioner of credit unions
, created
15under s. 15.59.
AB150-engrossed,2045,2322
230.08
(2) (t) All employes of the office of the state superintendent of public
23instruction.
AB150-engrossed,2046,1
1230.08
(2) (yz) The staff of the Wisconsin sesquicentennial commission.
AB150-engrossed,2046,124
230.08
(4) (a) The number of administrator positions specified in sub. (2) (e)
5includes all administrator positions specifically authorized by law to be employed
6outside the classified service in each department, board or commission and the
7historical society. In this paragraph, "department" has the meaning given under s.
815.01 (5), "board" means the educational communications board, investment board,
9public defender board
, gaming board and technical college system board and
10"commission" means the public service commission
and the gaming commission.
11Notwithstanding sub. (2) (z), no division administrator position exceeding the
12number authorized in sub. (2) (e) may be created in the unclassified service.
AB150-engrossed,2046,2414
230.09
(2) (b) To accommodate and effectuate the continuing changes in the
15classification plan as a result of the classification survey program and otherwise, the
16secretary shall, upon initial establishment of a classification, assign that class to the
17appropriate pay rate or range, and may, upon subsequent review, reassign classes to
18different pay rates or ranges. The secretary shall assign each class to a pay range
19according to the skill, effort, responsibility and working conditions required for the
20class, without regard to whether the class is occupied primarily by members of a
21certain gender or racial group. The secretary shall give notice to appointing
22authorities to permit them to make recommendations before final action is taken on
23any such assignment or reassignment of classes.
Section 230.125 shall apply to this
24paragraph.
AB150-engrossed,2047,20
1230.09
(2) (g) When filling a new or vacant position, if the secretary determines
2that the classification for a position is different than that provided for by the
3legislature as established by law or in budget determinations, or as authorized by the
4joint committee on finance under s. 13.10, or as specified by the governor creating
5positions under s. 16.505 (1) (c) or (2)
, the University of Wisconsin Hospitals and
6Clinics Board creating positions under s. 16.505 (2n) or the board of regents of the
7university of Wisconsin system creating positions under s. 16.505 (2m), or is different
8than that of the previous incumbent, the secretary shall notify the administrator and
9the secretary of administration. The administrator shall withhold action on the
10selection and certification process for filling the position. The secretary of
11administration shall review the position to determine that sufficient funds exist for
12the position and that the duties and responsibilities of the proposed position reflect
13the intent of the legislature as established by law or in budget determinations, the
14intent of the joint committee on finance acting under s. 13.10, the intent of the
15governor creating positions under s. 16.505 (1) (c) or (2)
, the University of Wisconsin
16Hospitals and Clinics Board creating positions under s. 16.505 (2n) or the intent of
17the board of regents of the university of Wisconsin system creating positions under
18s. 16.505 (2m). The administrator may not proceed with the selection and
19certification process until the secretary of administration has authorized the
20position to be filled.
AB150-engrossed,2048,822
230.12
(1) (b)
Schedules. The several separate pay schedules may incorporate
23different wage and salary administration features.
Each Subject to the pay range
24maximum and compensation maximum under s. 230.125, each schedule shall
25provide for pay ranges or pay rates and applicable methods and frequency of within
1range pay adjustments based on such considerations as competitive practice,
2appropriate principles and techniques of wage and salary administration and
3determination, elimination of pay inequities based on gender or race, and the needs
4of the service. Not limited by enumeration, such considerations for establishment
5of pay rates and ranges and applicable within range pay adjustments may include
6provisions prevalent in schedules used in other public and private employment,
7professional or advanced training, recognized expertise, or any other criteria which
8assures state employe compensation is set on an equitable basis.
AB150-engrossed,2048,2310
230.12
(3) (a)
Submission to the joint committee on employment relations. The
11secretary shall submit to the joint committee on employment relations a proposal for
12any required changes in the compensation plan which may include across the board
13pay adjustments for positions in the classified service. The proposal shall include the
14amounts and methods for within range pay progression, for pay transactions, and for
15performance awards. The proposal shall be based upon experience in recruiting for
16the service, the principle of providing pay equity regardless of gender or race, data
17collected as to rates of pay for comparable work in other public services and in
18commercial and industrial establishments, recommendations of agencies and any
19special studies carried on as to the need for any changes in the compensation plan
20to cover each year of the biennium. The proposal shall also take proper account of
21prevailing pay rates, costs and standards of living and the state's employment
22policies.
Section 230.125 shall apply to any proposal submitted to the joint
23committee on employment relations under this paragraph.
AB150-engrossed,2049,14
1230.12
(3) (b)
Public hearing on the proposal; adoption of plan. The secretary
2shall submit the proposal for any required changes in the compensation plan to the
3joint committee on employment relations. The committee shall hold a public hearing
4on the proposal. The proposal, as may be modified by the joint committee on
5employment relations together with the unchanged provisions of the current
6compensation plan, shall, for the ensuing fiscal year or until a new or modified plan
7is adopted under this subsection, constitute the state's compensation plan for
8positions in the classified service. Any modification of the secretary's proposed
9changes in the compensation plan by the joint committee on employment relations
10may be disapproved by the governor within 10 calendar days. A vote of 6 members
11of the joint committee on employment relations is required to set aside any such
12disapproval of the governor.
The joint committee on employment relations may not
13approve or modify and approve any changes in the compensation plan that exceed
14any pay range or compensation maximum established under s. 230.125.
AB150-engrossed,2050,1416
230.12
(3) (e)
University of Wisconsin system faculty and academic staff
17employes. The secretary, after receiving recommendations from the board of regents,
18shall submit to the joint committee on employment relations a proposal for adjusting
19compensation and employe benefits for employes under ss. 20.923 (5) and (6) (m) and
20230.08 (2) (d) who are not included in a collective bargaining unit under subch. V of
21ch. 111 for which a representative is certified. The proposal shall be based upon the
22competitive ability of the board of regents to recruit and retain qualified faculty and
23academic staff, data collected as to rates of pay for comparable work in other public
24services, universities and commercial and industrial establishments,
25recommendations of the board of regents and any special studies carried on as to the
1need for any changes in compensation and employe benefits to cover each year of the
2biennium. The proposal shall also take proper account of prevailing pay rates, costs
3and standards of living and the state's employment policies. The proposal for such
4pay adjustments may contain recommendations for across-the-board pay
5adjustments, merit or other adjustments and employe benefit improvements.
6Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay
7adjustments for such employes under ss. 20.923 (5) and (6) (m) and 230.08 (2) (d).
8The proposal as approved by the joint committee on employment relations and the
9governor shall be based upon a percentage of the budgeted salary base for such
10employes under ss. 20.923 (5) and (6) (m) and 230.08 (2) (d). The amount included
11in the proposal for merit and adjustments other than across-the-board pay
12adjustments is available for discretionary use by the board of regents.
Section
13230.125 shall apply to any proposal submitted to the joint committee on employment
14relations under this paragraph.
AB150-engrossed,2051,4
16230.125 Nonpublic employer pay survey; maximum pay ranges and
17compensation. (1) Annually, the department shall conduct a pay survey among
18nonpublic employers to determine the prevailing market wage for jobs in the private
19sector that are comparable to positions in state employment, other than for positions
20occupied by employes who are included in a collective bargaining unit for which a
21representative is recognized or certified under subch. V of ch. 111 and by employes
22of the state court system whose compensation is set under s. 751.02. If there is no
23comparable job in the private sector for a position in state employment, the
24department may survey public employers in other states to determine the prevailing
25market wage for comparable jobs in public employment in other states. The
1department shall complete the pay survey and the secretary shall submit the results
2of the pay survey to the cochairpersons of the joint committee on employment
3relations before the beginning of the first day of the pay period closest to July 1 of
4each year.
AB150-engrossed,2051,13
5(2) Beginning on the first day of the pay period closest to July 1 of each year,
6no employe, other than an employe who is included in a collective bargaining unit
7for which a representative is recognized or certified under subch. V of ch. 111 or an
8employe of the state court system whose compensation is set under s. 751.02, may
9receive an increase in his or her basic pay rate, other than an across the board pay
10adjustment, if his or her basic pay rate is equal to or greater than 150% of the
11prevailing market wage for a job in the private sector or, where applicable, public
12sector, that is comparable to his or her position in state employment, as determined
13by the pay survey conducted by the department under sub. (1).
AB150-engrossed,2051,25
14(3) If the pay range maximum for a position in state employment, other than
15a position occupied by an employe who is included in a collective bargaining unit for
16which a representative is recognized or certified under subch. V of ch. 111 or by an
17employe of the state court system whose compensation is set under s. 751.02, is equal
18to or greater than 150% of the prevailing market wage for such a job in the private
19sector or, where applicable, public sector, as determined by the pay survey conducted
20by the department under sub. (1), the pay range maximum for that position may not
21be increased. If the pay range maximum for such a position in state employment is
22less than 150% of the prevailing market wage for such a job in the private sector or,
23where applicable, public sector, the pay range maximum for that position may not
24be increased to an amount that is equal to or greater than 150% of the prevailing
25market wage for such a job in the private sector or, where applicable, public sector.
AB150-engrossed,2052,52
230.14
(4) The administrator may charge an agency a fee to announce any
3vacancy to be filled in a classified or unclassified position in that agency. Funds
4received under this subsection shall be credited to the appropriation account under
5s. 20.512 (1) (ka).
AB150-engrossed,2052,167
230.147
(1) Each appointing authority of an agency with more than 100
8authorized permanent full-time equivalent positions shall prepare and implement
9a plan of action to employ persons who, at the time determined under sub. (4), receive
10aid under s. 49.19 with the goal of making the ratio of those persons occupying
11permanent positions in the agency to the total number of persons occupying
12permanent positions in the agency equal to the ratio of the average case load
13receiving aid under s. 49.19 in this state in the previous fiscal year
, as determined
14by the department of health and social services, to the average number of persons
15in the state civilian labor force in the preceding fiscal year, as determined by the
16department of industry, labor and human relations.
AB150-engrossed,2053,218
230.147
(2) Each appointing authority of an agency with 100 or fewer
19authorized permanent full-time equivalent positions is encouraged to employ
20persons who, at the time determined under sub. (4), receive aid under s. 49.19 to
21attempt to make the ratio of those persons occupying permanent positions in the
22agency to the total number of persons occupying permanent positions in the agency
23equal to the ratio of the average case load receiving aid under s. 49.19 in this state
24in the previous fiscal year
, as determined by the department of health and social
25services, to the average number of persons in the state civilian labor force in the
1preceding fiscal year, as determined by the department of industry, labor and human
2relations.
AB150-engrossed,2053,17
4230.213 Affirmative action procedures for corrections positions. The
5administrator may, to meet affirmative action objectives, establish such recruitment,
6examination and certification procedures for positions in the department of
7corrections and for positions in juvenile correctional institutions within the
division
8of youth services in the department of health and social services as will enable the
9department of corrections and the
division of youth services in the department of
10health and social services to increase the number of employes of a specified gender
11or a specified racial or ethnic group in those positions. The administrator shall
12design the procedures to obtain a work force in the department of corrections and in
13juvenile correctional institutions within the
division of youth services in the 14department of health and social services that reflects the relevant labor pool. The
15administrator may determine the relevant labor pool from the population of the state
16or of a particular geographic area of the state, whichever is more appropriate for
17achieving the affirmative action objective.
AB150-engrossed, s. 6283m
18Section
6283m. 230.213 of the statutes, as affected by 1995 Wisconsin Act ....
19(this act), is repealed and recreated to read:
AB150-engrossed,2054,4
20230.213 Affirmative action procedures for corrections positions. The
21administrator may, to meet affirmative action objectives, establish such recruitment,
22examination and certification procedures for positions in the department of
23corrections as will enable the department of corrections to increase the number of
24employes of a specified gender or a specified racial or ethnic group in those positions.
25The administrator shall design the procedures to obtain a work force in the
1department of corrections that reflects the relevant labor pool. The administrator
2may determine the relevant labor pool from the population of the state or of a
3particular geographic area of the state, whichever is more appropriate for achieving
4the affirmative action objective.
AB150-engrossed,2054,87
230.29
(1) A Subject to sub. (2), a transfer may be made from one position to
8another only if specifically authorized by the administrator.
AB150-engrossed,2054,1110
230.29
(2) This section does not apply to an employe of the University of
11Wisconsin Hospitals and Clinics Board.
AB150-engrossed,2054,1413
230.35
(1m) (a) 2. A position designated in s. 19.42 (10) (L) or 20.923 (4), (4m)
, 14and (8)
and (9).
AB150-engrossed,2055,216
230.35
(2) Leave of absence with pay owing to sickness and leave of absence
17without pay, other than annual leave and leave under s. 103.10, shall be regulated
18by rules of the secretary, except that unused sick leave shall accumulate from year
19to year. After July 1, 1973, employes appointed to career executive positions under
20the program established under s. 230.24 or positions designated in s. 19.42 (10) (L)
21or 20.923 (4), (4m)
, and (8)
and (9) or authorized under s. 230.08 (2) (e) shall have any
22unused sick leave credits restored if they are reemployed in a career executive
23position or in a position under s. 19.42 (10) (L) or 20.923 (4), (4m)
, and (8)
and (9) or
24authorized under s. 230.08 (2) (e), regardless of the duration of their absence.
1Restoration of unused sick leave credits if reemployment is to a position other than
2those specified above shall be in accordance with rules of the secretary.
AB150-engrossed,2056,114
230.36
(1) If a conservation warden, conservation patrol boat captain,
5conservation patrol boat engineer, state forest ranger, conservation field employe of
6the department of natural resources who is subject to call for fire control duty,
7member of the state patrol, state motor vehicle inspector, lifeguard, excise tax
8investigator employed by the department of revenue, special criminal investigation
9agent employed by the department of justice, special tax agent, state drivers' license
10examiner, state fair park police officer, University of Wisconsin System police officer
11and other state facilities police officer and patrol officer, security officer, watcher,
12engineer, engineering aide, building construction superintendent, fire fighter
13employed at the Wisconsin Veterans Home, or guard or institutional aide or a state
14probation and parole officer or any other employe whose duties include supervision
15and discipline of inmates or wards of the state at a state penal institution, including
16a secured correctional facility, as defined in s. 48.02 (15m), or while on parole
17supervision outside of the confines of the institutions, or supervision of persons
18placed on probation
or community supervision by a court of record, or supervision
19and care of patients at a state mental institution, and
university of Wisconsin
20hospital and clinics the University of Wisconsin Hospitals and Clinics suffers injury
21while in the performance of his or her duties, as defined in subs. (2) and (3); or any
22other state employe
who is not listed in this subsection and who is ordered by his or
23her appointing authority to accompany any employe listed in this subsection while
24the listed employe is engaged in the duties defined in sub. (3), or any other state
25employe
who is not listed in this subsection and who is ordered by his or her
1appointing authority to perform the duties, when permitted, in lieu of the listed
2employe and while so engaged in the duties defined in sub. (3), suffers injury as
3defined in sub. (2) the employe shall continue to be fully paid by the employing
4agency upon the same basis as paid prior to the injury, with no reduction in sick leave
5credits, compensatory time for overtime accumulations or vacation and no reduction
6in the rate of earning sick leave credit or vacation. The full pay shall continue while
7the employe is unable to return to work as the result of the injury or until the
8termination of his or her employment upon recommendation of the appointing
9authority. At any time during the employe's period of disability the appointing
10authority may order physical or medical examinations to determine the degree of
11disability at the expense of the employing agency.
AB150-engrossed,2056,1713
230.36
(3) (c) (intro.) A guard, institution aide, or other employe at the
14university of Wisconsin hospital and clinics University of Wisconsin Hospitals and
15Clinics or at a state penal or mental institution, including a secured correctional
16facility, as defined in s. 48.02 (15m), and a state probation and parole officer, at all
17times while:
AB150-engrossed,2056,2219
230.36
(6) Any person who is employed by the University of Wisconsin
20Hospitals and Clinics Authority, who suffers an injury as defined in sub. (2) between
21June 29, 1996, and June 30, 1997, shall be covered under this section if the person,
22had he or she been a state employe, would have been covered under this section.
AB150-engrossed,2057,324
230.44
(1) (g)
Decisions by the University of Wisconsin Hospitals and Clinics
25Authority. Appeal of a personnel decision by the chief executive officer of the
1University of Wisconsin Hospitals and Clinics Authority, or by a person delegated by
2the chief executive officer to make personnel decisions, if all of the following
3conditions are satisfied:
AB150-engrossed,2057,54
1. The appeal is by an employe of the authority who holds a position that would
5be included in the classified service if the employe were a state employe.
AB150-engrossed,2057,76
2. The personnel decision is a demotion, layoff, suspension, discharge or
7reduction in base pay and the appeal alleges that the decision was not for just cause.
AB150-engrossed, s. 6290
8Section
6290. 230.44 (1) (g) of the statutes, as created by 1995 Wisconsin Act
9.... (this act), is repealed.
AB150-engrossed,2057,1211
230.45
(1) (e) Hear appeals, when authorized under county merit system rules
12under s.
49.50 49.33 (4), from any interested party.
AB150-engrossed,2057,1814
230.45
(3) The commission shall promulgate rules establishing a schedule of
15filing fees to be paid by any person who files an appeal under sub. (1) (c) or (e) or s.
16230.44 (1) (a) or (b) with the commission on or after the effective date of the rules
17promulgated under this subsection. Fees paid under this subsection shall be
18deposited in the general fund as general purpose revenue — earned.
AB150-engrossed,2058,220
230.80
(4) "Governmental unit" means any association, authority, board,
21commission, department, independent agency, institution, office, society or other
22body in state government created or authorized to be created by the constitution or
23any law, including the legislature, the office of the governor and the courts.
24"Governmental unit" does not mean
the University of Wisconsin Hospitals and
25Clinics Authority or any political subdivision of the state or body within one or more
1political subdivisions which is created by law or by action of one or more political
2subdivisions.
AB150-engrossed,2058,44
231.01
(5) (a) 6. The University of Wisconsin Hospitals and Clinics Authority.
AB150-engrossed,2058,216
231.13
(2) The authority shall pledge the revenues derived and to be derived
7from a project and other related health facilities, educational facilities or child care
8centers for the purposes specified in sub. (1), and additional bonds may be issued
9which may rank on a parity with other bonds relating to the project to the extent and
10on the terms and conditions provided in the bond resolution. Such pledge shall be
11valid and binding from the time when the pledge is made, the revenues so pledged
12by the authority shall immediately be subject to the lien of such pledge without any
13physical delivery thereof or further act and the lien of any such pledge shall be valid
14and binding as against all parties having claims of any kind in tort, contract or
15otherwise against the authority, irrespective of whether such parties have notice
16thereof. Neither the bond resolution nor any financing statement, continuation
17statement or other instrument by which a pledge is created or by which the
18authority's interest in revenues is assigned need be filed or recorded in any public
19records in order to perfect the lien thereof as against 3rd parties, except that a copy
20thereof shall be filed in the records of the authority and with the
secretary of state 21department of financial institutions.
AB150-engrossed,2059,7
23231.20 Waiver of construction and bidding requirements. In exercising
24its powers under s. 101.12, the department of
industry, labor and human relations 25development or any city, village, town or county may, within its discretion for proper
1cause shown, waive any particular requirements relating to public buildings,
2structures, grounds, works and improvements imposed by law upon projects under
3this chapter; the requirements of s. 101.13 may not be waived, however. If, however,
4the prospective lessee so requests in writing, the authority shall, through the
5participating health institution, participating educational institution or
6participating child care provider as its agent, call for construction bids in such
7manner as is determined by the authority with the approval of the lessee.
AB150-engrossed,2059,119
231.35
(3) (intro.) Subject to sub. (4), the authority may guarantee a loan under
10this section
that is made on or before the effective date of this subsection .... [revisor
11inserts date], if all of the following apply:
AB150-engrossed,2059,1713
231.35
(6) (b) The authority may use money from the rural hospital loan fund
14to guarantee loans
that it makes made for the purposes described in sub. (3) (b), if
15the authority sets out the terms and conditions of the guarantee in a guarantee
16agreement that complies with the rules promulgated by the department of
17development under sub. (7) (b).
AB150-engrossed,2059,2119
Chapter 233
20
University of Wisconsin
21
hospitals and Clinics authority
AB150-engrossed,2059,22
22233.01 Definitions. In this chapter:
AB150-engrossed,2059,24
23(1) "Authority" means the University of Wisconsin Hospitals and Clinics
24Authority.
AB150-engrossed,2059,25
25(2) "Board of directors" means the governing board of the authority.
AB150-engrossed,2060,2
1(3) "Board of regents" means the board of regents of the University of Wisconsin
2System.
AB150-engrossed,2060,5
3(4) "Bond" means a bond, note or other obligation of the authority issued under
4this chapter, including any refunding bond, other than the lease agreement or
5indebtedness described under s. 233.03 (12).
AB150-engrossed,2060,9
6(5) "Bond resolution" means a resolution of the board of directors authorizing
7the issuance of, or providing terms and conditions related to, bonds and includes,
8where appropriate, any trust agreement, trust indenture, indenture of mortgage or
9deed of trust providing terms and conditions for bonds.
AB150-engrossed,2060,13
10(6) "Lease agreement" means the lease agreement that is required to be
11entered into between the board of directors and the board of regents under s. 233.04
12(7) or a lease agreement that is entered into between the board of directors and the
13board of regents under s. 233.04 (7g).
AB150-engrossed,2060,17
14(7) "On-campus facilities" means facilities that are located on land owned by
15the state, that are under the control of the board of regents and that are primarily
16related to the operation of the University of Wisconsin Hospitals and Clinics and its
17related services.