AB150: Bill Text Engrossed

AB150-engrossed, s. 6271m Section 6271m. 230.08 (2) (m) of the statutes is repealed.

AB150-engrossed, s. 6272 Section 6272. 230.08 (2) (mp) of the statutes is repealed.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AB150-engrossed, s. 6275 Section 6275. 230.08 (2) (xm) of the statutes is repealed.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AB150-engrossed, s. 6276 Section 6276. 230.08 (2) (zm) of the statutes is repealed.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.

AB150-engrossed, s. 6284g Section 6284g. 230.29 of the statutes is renumbered 230.29 (1) and amended to read:

AB150-engrossed,2054,8 230.29 (1) A Subject to sub. (2), a transfer may be made from one position to another only if specifically authorized by the administrator.

AB150-engrossed, s. 6284m Section 6284m. 230.29 (2) of the statutes is created to read:

AB150-engrossed,2054,11 230.29 (2) This section does not apply to an employe of the University of Wisconsin Hospitals and Clinics Board.

AB150-engrossed, s. 6284p Section 6284p. 230.35 (1m) (a) 2. of the statutes is amended to read:

AB150-engrossed,2054,14 230.35 (1m) (a) 2. A position designated in s. 19.42 (10) (L) or 20.923 (4), (4m), and (8) and (9).

AB150-engrossed, s. 6284r Section 6284r. 230.35 (2) of the statutes is amended to read:

AB150-engrossed,2055,2 230.35 (2) Leave of absence with pay owing to sickness and leave of absence without pay, other than annual leave and leave under s. 103.10, shall be regulated by rules of the secretary, except that unused sick leave shall accumulate from year to year. After July 1, 1973, employes appointed to career executive positions under the program established under s. 230.24 or positions designated in s. 19.42 (10) (L) or 20.923 (4), (4m), and (8) and (9) or authorized under s. 230.08 (2) (e) shall have any unused sick leave credits restored if they are reemployed in a career executive position or in a position under s. 19.42 (10) (L) or 20.923 (4), (4m) , and (8) and (9) or authorized under s. 230.08 (2) (e), regardless of the duration of their absence. Restoration of unused sick leave credits if reemployment is to a position other than those specified above shall be in accordance with rules of the secretary.

AB150-engrossed, s. 6285 Section 6285. 230.36 (1) of the statutes is amended to read:

AB150-engrossed,2056,11 230.36 (1) If a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, state forest ranger, conservation field employe of the department of natural resources who is subject to call for fire control duty, member of the state patrol, state motor vehicle inspector, lifeguard, excise tax investigator employed by the department of revenue, special criminal investigation agent employed by the department of justice, special tax agent, state drivers' license examiner, state fair park police officer, University of Wisconsin System police officer and other state facilities police officer and patrol officer, security officer, watcher, engineer, engineering aide, building construction superintendent, fire fighter employed at the Wisconsin Veterans Home, or guard or institutional aide or a state probation and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in s. 48.02 (15m), or while on parole supervision outside of the confines of the institutions, or supervision of persons placed on probation or community supervision by a court of record, or supervision and care of patients at a state mental institution, and university of Wisconsin hospital and clinics the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to accompany any employe listed in this subsection while the listed employe is engaged in the duties defined in sub. (3), or any other state employe who is not listed in this subsection and who is ordered by his or her appointing authority to perform the duties, when permitted, in lieu of the listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation. The full pay shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

AB150-engrossed, s. 6287 Section 6287. 230.36 (3) (c) (intro.) of the statutes is amended to read:

AB150-engrossed,2056,17 230.36 (3) (c) (intro.) A guard, institution aide, or other employe at the university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics or at a state penal or mental institution, including a secured correctional facility, as defined in s. 48.02 (15m), and a state probation and parole officer, at all times while:

AB150-engrossed, s. 6288m Section 6288m. 230.36 (6) of the statutes is created to read:

AB150-engrossed,2056,22 230.36 (6) Any person who is employed by the University of Wisconsin Hospitals and Clinics Authority, who suffers an injury as defined in sub. (2) between June 29, 1996, and June 30, 1997, shall be covered under this section if the person, had he or she been a state employe, would have been covered under this section.

AB150-engrossed, s. 6289 Section 6289. 230.44 (1) (g) of the statutes is created to read:

AB150-engrossed,2057,3 230.44 (1) (g) Decisions by the University of Wisconsin Hospitals and Clinics Authority. Appeal of a personnel decision by the chief executive officer of the University of Wisconsin Hospitals and Clinics Authority, or by a person delegated by the chief executive officer to make personnel decisions, if all of the following conditions are satisfied:

AB150-engrossed,2057,5 1. The appeal is by an employe of the authority who holds a position that would be included in the classified service if the employe were a state employe.

AB150-engrossed,2057,7 2. The personnel decision is a demotion, layoff, suspension, discharge or reduction in base pay and the appeal alleges that the decision was not for just cause.

AB150-engrossed, s. 6290 Section 6290. 230.44 (1) (g) of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.

AB150-engrossed, s. 6292 Section 6292. 230.45 (1) (e) of the statutes is amended to read:

AB150-engrossed,2057,12 230.45 (1) (e) Hear appeals, when authorized under county merit system rules under s. 49.50 49.33 (4), from any interested party.

AB150-engrossed, s. 6293 Section 6293. 230.45 (3) of the statutes is created to read:

AB150-engrossed,2057,18 230.45 (3) The commission shall promulgate rules establishing a schedule of filing fees to be paid by any person who files an appeal under sub. (1) (c) or (e) or s. 230.44 (1) (a) or (b) with the commission on or after the effective date of the rules promulgated under this subsection. Fees paid under this subsection shall be deposited in the general fund as general purpose revenue — earned.

AB150-engrossed, s. 6295 Section 6295. 230.80 (4) of the statutes is amended to read:

AB150-engrossed,2058,2 230.80 (4) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.

AB150-engrossed, s. 6296 Section 6296. 231.01 (5) (a) 6. of the statutes is created to read:

AB150-engrossed,2058,4 231.01 (5) (a) 6. The University of Wisconsin Hospitals and Clinics Authority.

AB150-engrossed, s. 6297b Section 6297b. 231.13 (2) of the statutes is amended to read:

AB150-engrossed,2058,21 231.13 (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.

AB150-engrossed, s. 6298 Section 6298. 231.20 of the statutes is amended to read:

AB150-engrossed,2059,7 231.20 Waiver of construction and bidding requirements. In exercising its powers under s. 101.12, the department of industry, labor and human relations development or any city, village, town or county may, within its discretion for proper cause shown, waive any particular requirements relating to public buildings, structures, grounds, works and improvements imposed by law upon projects under this chapter; the requirements of s. 101.13 may not be waived, however. If, however, the prospective lessee so requests in writing, the authority shall, through the participating health institution, participating educational institution or participating child care provider as its agent, call for construction bids in such manner as is determined by the authority with the approval of the lessee.

AB150-engrossed, s. 6299 Section 6299. 231.35 (3) (intro.) of the statutes is amended to read:

AB150-engrossed,2059,11 231.35 (3) (intro.) Subject to sub. (4), the authority may guarantee a loan under this section that is made on or before the effective date of this subsection .... [revisor inserts date], if all of the following apply:

AB150-engrossed, s. 6300 Section 6300. 231.35 (6) (b) of the statutes is amended to read:

AB150-engrossed,2059,17 231.35 (6) (b) The authority may use money from the rural hospital loan fund to guarantee loans that it makes made for the purposes described in sub. (3) (b), if the authority sets out the terms and conditions of the guarantee in a guarantee agreement that complies with the rules promulgated by the department of development under sub. (7) (b).

AB150-engrossed, s. 6301 Section 6301. Chapter 233 of the statutes is created to read:

AB150-engrossed,2059,21 Chapter 233 University of Wisconsin hospitals and Clinics authority

AB150-engrossed,2059,22 233.01 Definitions. In this chapter:

AB150-engrossed,2059,24 (1) "Authority" means the University of Wisconsin Hospitals and Clinics Authority.

AB150-engrossed,2059,25 (2) "Board of directors" means the governing board of the authority.

AB150-engrossed,2060,2 (3) "Board of regents" means the board of regents of the University of Wisconsin System.

AB150-engrossed,2060,5 (4) "Bond" means a bond, note or other obligation of the authority issued under this chapter, including any refunding bond, other than the lease agreement or indebtedness described under s. 233.03 (12).

AB150-engrossed,2060,9 (5) "Bond resolution" means a resolution of the board of directors authorizing the issuance of, or providing terms and conditions related to, bonds and includes, where appropriate, any trust agreement, trust indenture, indenture of mortgage or deed of trust providing terms and conditions for bonds.

AB150-engrossed,2060,13 (6) "Lease agreement" means the lease agreement that is required to be entered into between the board of directors and the board of regents under s. 233.04 (7) or a lease agreement that is entered into between the board of directors and the board of regents under s. 233.04 (7g).

AB150-engrossed,2060,17 (7) "On-campus facilities" means facilities that are located on land owned by the state, that are under the control of the board of regents and that are primarily related to the operation of the University of Wisconsin Hospitals and Clinics and its related services.

AB150-engrossed,2060,21 233.02 University of Wisconsin Hospitals and Clinics Authority: creation; organization of board of directors. (1) There is created a public body corporate and politic to be known as the "University of Wisconsin Hospitals and Clinics Authority". The board of directors shall consist of the following members:

AB150-engrossed,2060,23 (a) Three members nominated by the governor, and with the advice and consent of the senate appointed, for 3-year terms.

AB150-engrossed,2060,25 (b) Three members of the board of regents appointed by the president of the board of regents.

AB150-engrossed,2061,2 (c) The chancellor of the University of Wisconsin-Madison or his or her designee.

AB150-engrossed,2061,3 (d) The dean of the University of Wisconsin-Madison Medical School.

AB150-engrossed,2061,5 (e) A chairperson of a department at the University of Wisconsin-Madison Medical School, appointed by the chancellor of the University of Wisconsin-Madison.

AB150-engrossed,2061,8 (f) A faculty member of a University of Wisconsin-Madison health professions school, other than the University of Wisconsin-Madison Medical School, appointed by the chancellor of the University of Wisconsin-Madison.

AB150-engrossed,2061,9 (g) The secretary of administration or his or her designee.