2003 Wisconsin Act 33

20.912 (4) Insolvent depositories. When the bank, savings and loan association, savings bank, or credit union on which any check, share draft, or other draft is drawn by the state treasurer secretary of administration before payment of such check, share draft, or other draft becomes insolvent or is taken over by the division of banking, the federal home loan bank board, the U.S. office of thrift supervision, the federal deposit insurance corporation, the resolution trust corporation, the office of credit unions, the administrator of federal credit unions, or the U.S. comptroller of the currency, the state treasurer secretary of administration shall on the demand of the person in whose favor such check, share draft, or other draft was drawn and upon the return to the treasurer secretary of such check, share draft, or other draft issue a replacement for the same amount.

33,707 Section 707. 20.912 (5) of the statutes is amended to read:

20.912 (5) Lost, stolen, or destroyed checks, share drafts, and other drafts. If any check, share draft, or other draft drawn and issued by the state treasurer secretary of administration is lost, stolen , or destroyed and the bank, savings and loan association, savings bank, or credit union on which the check, share draft, or other draft is drawn has been notified to stop payment thereon, the state treasurer secretary of administration may, after acknowledgment by the bank, savings and loan association, savings bank, or credit union that the check, share draft, or other draft has not been paid, issue a replacement check, share draft, or other draft and thereafter the state treasurer secretary of administration shall be relieved from all liability thereon.

33,708 Section 708. 20.916 (2) of the statutes is amended to read:

20.916 (2) Reimbursement of job applicants. Subject to rules of the secretary of the department of employment relations director of the office of state human resources management , reimbursement may be made to applicants for all or part of actual and necessary travel expenses incurred in connection with oral examination and employment interviews.

33,709 Section 709. 20.916 (4) (a) of the statutes is amended to read:

20.916 (4) (a) If any state agency determines that the duties of any employee require the use of an automobile, it may authorize such employee to use a personal automobile in the employee's work for the state, and reimburse the employee for such at a rate which is set biennially by the department of employment relations office of state human resources management under sub. (8) subject to the approval of the joint committee on employment relations.

33,710 Section 710. 20.916 (4m) (b) of the statutes is amended to read:

20.916 (4m) (b) Except as otherwise provided in this paragraph, if any state agency determines that an employee's duties require the use of a motor vehicle, and use of a personal motor vehicle is authorized by the agency under similar circumstances, the agency shall authorize the employee to use a personal motorcycle for the employee's duties and shall reimburse the employee for the use of the motorcycle at rates determined biennially by the secretary of employment relations director of the office of state human resources management under sub. (8), subject to the approval of the joint committee on employment relations. No state agency may authorize an employee to use or reimburse an employee for the use of a personal motorcycle under this paragraph if more than one individual is transported on the motorcycle. All allowances for the use of a motorcycle shall be paid upon approval and certification of the amounts payable by the head of the state agency for which the employee performs duties to the department of administration.

33,711 Section 711. 20.916 (5) (a) of the statutes is amended to read:

20.916 (5) (a) Whenever any state agency determines that the duties of any member or employee require the use of an airplane, it may authorize him or her to charter such airplane with or without a pilot; and it may authorize any member or employee to use his or her personal airplane and reimburse him or her for such use at a rate set biennially by the department of employment relations office of state human resources management under sub. (8), subject to the approval of the joint committee on employment relations. Such reimbursement shall be made upon the certification of the amount by the head of the state agency to the department of administration.

33,712 Section 712. 20.916 (8) (a) of the statutes is amended to read:

20.916 (8) (a) The secretary of employment relations director of the office of state human resources management shall recommend to the joint committee on employment relations uniform travel schedule amounts for travel by state officers and employees whose compensation is established under s. 20.923 or 230.12. Such amounts shall include maximum permitted amounts for meal and lodging costs, special allowance expenses under sub. (9) (d), and porterage tips, except as authorized under s. 16.53 (12) (c). In lieu of the maximum permitted amounts for expenses under sub. (9) (b), (c), and (d), the secretary may recommend to the committee a per diem amount and method of reimbursement for any or all expenses under sub. (9) (b), (c), and (d).

33,713 Section 713. 20.916 (9) (f) 1. of the statutes is amended to read:

20.916 (9) (f) 1. Scheduled air travel. Reimbursement for air travel shall be limited to the lowest appropriate airfare, as determined by the secretary of employment relations director of the office of state human resources management . An employee may be reimbursed for air travel at a rate other than the lowest appropriate airfare only if the employee submits a written explanation of the reasonableness of the expense.

33,714 Section 714. 20.917 (1) (c) of the statutes is amended to read:

20.917 (1) (c) Reimbursement for moving expenses may be granted to a person reporting to his or her first place of employment or reporting upon reemployment after leaving the civil service, if reimbursement is recommended by the appointing authority and approved in writing by the secretary of employment relations director of the office of state human resources management prior to the time when the move is made.

33,715 Section 715. 20.917 (2) (a) of the statutes is amended to read:

20.917 (2) (a) The secretary of employment relations director of the office of state human resources management shall recommend a maximum dollar amount which may be permitted for reimbursement of any employee moving costs under sub. (1) (a) to (c), subject to the limitations prescribed in par. (b). This amount shall be submitted for the approval of the joint committee on employment relations in the manner provided in s. 20.916 (8), and upon approval shall become a part of the compensation plan under s. 230.12 (1).

33,716 Section 716. 20.917 (3) (a) 1. of the statutes is amended to read:

20.917 (3) (a) 1. Lodging allowances shall be in accordance with the schedule established by the secretary of employment relations director of the office of state human resources management, but may not exceed the rate established under s. 13.123 (1) (a) 1.

33,717 Section 717. 20.917 (3) (a) 2. of the statutes is amended to read:

20.917 (3) (a) 2. Lodging allowance payments are subject to prior approval in writing by the secretary of employment relations director of the office of state human resources management.

33,718 Section 718. 20.917 (5) (b) of the statutes is amended to read:

20.917 (5) (b) Payments under this subsection are in addition to any payments made under sub. (1). Payments under this subsection may be made only with the prior written approval of the secretary of employment relations director of the office of state human resources management.

33,719 Section 719. 20.917 (6) of the statutes is amended to read:

20.917 (6) The secretary of employment relations director of the office of state human resources management may, in writing, delegate to an appointing authority the authority to approve reimbursement for moving expenses under sub. (1) (c), a temporary lodging allowance under sub. (3) (a) 2. or expenses under sub. (5) (b).

33,720 Section 720. 20.920 (2) (a) of the statutes is amended to read:

20.920 (2) (a) With the approval of the secretary and state treasurer, each state agency may establish a contingent fund. The secretary shall determine the funding source for each contingent fund, total amount of the fund, and maximum payment from the fund.

33,721 Section 721. 20.923 (4) (intro.) of the statutes is amended to read:

20.923 (4) State agency positions. (intro.) State agency heads, the administrator of the division of merit recruitment and selection in the department of employment relations office of state human resources management and commission chairpersons and members shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (i). Except for positions specified in par. (c) 3m. and sub. (12), all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the secretary of employment relations director of the office of state human resources management to one of 10 executive salary groups. The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the secretary of employment relations director of the office of state human resources management. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:

33,722 Section 722. 20.923 (4) (a) 6. of the statutes is repealed.

33,725d Section 725d. 20.923 (4) (c) 5. of the statutes is repealed.

33,727 Section 727. 20.923 (4) (d) 7m. of the statutes is repealed.

33,728 Section 728. 20.923 (4) (e) 1b. of the statutes is repealed.

33,729m Section 729m. 20.923 (4) (f) 1. of the statutes is created to read:

20.923 (4) (f) 1. Administration, department of; office of state human resources management: director.

33,730 Section 730. 20.923 (4) (g) 1m. of the statutes is repealed.

33,731 Section 731. 20.923 (4) (h) 2. of the statutes is repealed.

33,732 Section 732. 20.923 (4g) (intro.) of the statutes is amended to read:

20.923 (4g) University of Wisconsin System senior executive positions. (intro.) A compensation plan consisting of 9 university senior executive salary groups is established for certain administrative positions at the University of Wisconsin System. The salary ranges and adjustments to the salary ranges for the university senior executive salary groups 1 and 2 shall be contained in the recommendations of the secretary of employment relations director of the office of state human resources management under s. 230.12 (3) (e). The salary ranges and adjustments to the salary ranges for university senior executive salary groups 3 to 9 shall be determined by the board of regents of the University of Wisconsin System based on an analysis of salaries paid for similar positions at comparable universities in other states. The board of regents shall set the salaries for these positions within the ranges to which the positions are assigned to reflect the hierarchical structure of the system, to recognize merit, to permit orderly salary progression and to recognize competitive factors. The salary of any incumbent in the positions identified in pars. (ae) to (f) may not exceed the maximum of the salary range for the group to which the position is assigned. The positions are assigned as follows:

33,734e Section 734e. 20.923 (6) (as) of the statutes is amended to read:

20.923 (6) (as) Each elective executive officer other than the attorney general, the secretary of state, and the superintendent of public instruction: a deputy or assistant.

33,735 Section 735. 20.923 (7) (intro.) of the statutes is amended to read:

20.923 (7) Wisconsin Technical College System senior executive positions. (intro.) The salary range for the director and the executive assistant of the Wisconsin Technical College System shall be contained in the recommendations of the secretary of employment relations director of the office of state human resources management under s. 230.12 (3) (e). The board of the Wisconsin Technical College System shall set the salaries for these positions within the range to which the positions are assigned to recognize merit, to permit orderly salary progression, and to recognize competitive factors. The salary of any incumbent in the positions identified in pars. (a) and (b) may not exceed the maximum of the salary range for the group to which the position is assigned. The positions are assigned as follows:

33,735e Section 735e. 20.923 (8) of the statutes is amended to read:

20.923 (8) Deputies. Salaries for deputies appointed pursuant to ss. 13.94 (3) (b), 15.04 (2), and 551.51 (1) shall be set by the appointing authority. The salary shall not exceed the maximum of the salary range one range below the salary range of the executive salary group to which the department or agency head is assigned. The positions of assistant secretary of state, assistant state treasurer and associate director of the historical society shall be treated as unclassified deputies for pay purposes under this subsection.

33,735m Section 735m. 20.923 (9) of the statutes is amended to read:

20.923 (9) Executive assistants. Salaries for executive assistants appointed under ss. 15.05 (3) and 15.06 (4m) shall be set by the appointing authority. The salary for an executive assistant appointed under s. 15.05 (3) or 15.06 (4m), other than the salary for the executive assistant to the director of the technical college system, may not exceed the maximum of the salary range 2 ranges below the salary range of for the executive salary group to which the department or agency head is assigned. The position of administrative assistant to the lieutenant governor shall be treated as are executive assistants for pay purposes under this subsection. The salary for the executive assistant appointed under s. 230.04 (16) shall be set by the appointing authority. The salary for that position may not exceed the maximum of the salary range 2 ranges below the salary range for the executive salary group to which the appointing authority is assigned.

33,736 Section 736. 20.9275 (1) (c) of the statutes is amended to read:

20.9275 (1) (c) "Organization" means a nonprofit corporation, as defined in s. 46.93 (1m) (c) 66.0129 (6) (b), or a public agency, as defined in s. 46.93 (1m) (e) 46.856 (1) (b).

33,737 Section 737. 20.9275 (2) (intro.) of the statutes is amended to read:

20.9275 (2) (intro.) No state agency or local governmental unit may authorize payment of funds of this state, of any local governmental unit or, subject to sub. (3m), of federal funds passing through the state treasury as a grant, subsidy or other funding that wholly or partially or directly or indirectly involves pregnancy programs, projects or services, that is a grant, subsidy or other funding under s. 46.93, 46.99, 46.995, 253.05, 253.07, 253.08 or 253.085 or 42 USC 701 to 710, if any of the following applies:

33,738 Section 738. 20.929 of the statutes is amended to read:

20.929 Agency drafts or warrants. The secretary of administration may authorize any state agency to issue drafts or warrants drawn on the state treasury. Such drafts or warrants may be issued only in connection with purchase orders authorized under subch. IV of ch. 16 and may not exceed $300 per draft or warrant. The state treasurer secretary shall pay such drafts or warrants as presented. The secretary of administration and shall audit the purchase orders issued. Any purchase order that is disapproved by the secretary as unlawful or unauthorized shall be returned by the secretary to the state agency for reimbursement to the state treasurer treasury. The secretary shall make written regulations for the implementation of this section. The secretary may require any state agency to utilize one or more separate depository accounts to implement this section. The illegal or unauthorized use of purchase orders and drafts or warrants under this section is subject to the remedies specified in s. 16.77.

33,739 Section 739. 21.19 (13) of the statutes is created to read:

21.19 (13) The adjutant general shall cooperate with the federal government in the operation and maintenance of distance learning centers for the use of current and former members of the national guard and the U.S. armed forces. The adjutant general may charge rent for the use of a center by a nonmilitary or nonfederal person. All moneys received under this subsection shall be credited to the appropriation account under s. 20.465 (1) (i).

33,740 Section 740. 21.33 of the statutes is amended to read:

21.33 Pay department. The quartermaster general acting as paymaster under orders from the governor may draw from the state treasury the money necessary for paying troops in camp or on active service, and shall furnish such security for the same as the state treasurer secretary of administration may direct. The amount due on account of the field, staff, or other officers, noncommissioned staff and band, company, or enlistees, not herein enumerated, if any, shall be paid to the person to whom the same shall be due, on the properly signed and certified payrolls.

33,741 Section 741. 21.49 (1) (b) 1g. of the statutes is created to read:

21.49 (1) (b) 1g. A public institution of higher education under the Minnesota-Wisconsin student reciprocity agreement under s. 39.47.

33,742 Section 742. 21.49 (1) (b) 1m. of the statutes is created to read:

21.49 (1) (b) 1m. A public institution of higher education under an interstate agreement under s. 39.42.

33,743 Section 743. 21.49 (1) (b) 2. of the statutes is amended to read:

21.49 (1) (b) 2. Any Except as provided in subds. 1g. and 1m., an accredited institution of higher education located in this state, as defined in 20 USC 1002.

33,744 Section 744. 21.49 (3) (a) of the statutes is amended to read:

21.49 (3) (a) Any eligible guard member upon satisfactory completion of a full-time or part-time course in a qualifying school is eligible for a tuition grant equal to 100% of the actual tuition charged by the school or 100% of the maximum arithmetic average of resident undergraduate tuition tuitions charged by the university of Wisconsin-Madison 4-year institutions in the University of Wisconsin System for a comparable number of credits, whichever amount is less.

33,745 Section 745. 21.80 (7) (b) 1. of the statutes is amended to read:

21.80 (7) (b) 1. A person who receives notification under par. (a) that the adjutant general was unable to resolve the person's complaint may request the adjutant general to refer the complaint to counsel, which may include the attorney general, appointed by the governor on the recommendation of the adjutant general for the purpose of prosecuting complaints under this subdivision who shall file a complaint for appropriate relief with the department of workforce development or, if the person is an employee of a state agency, as defined in s. 111.32 (6) (a), the personnel commission.

33,746 Section 746. 21.80 (7) (b) 2. of the statutes is amended to read:

21.80 (7) (b) 2. Subdivision 1. does not preclude a person who has chosen not to file a complaint with the adjutant general under par. (a), whose complaint the adjutant general has refused to endeavor to resolve under par. (a), or who has chosen not to request the adjutant general to refer his or her complaint to counsel under subd. 1. from filing a complaint for appropriate relief with the department of workforce development or, if the person is an employee of a state agency, with the personnel commission.

33,747 Section 747. 21.80 (7) (b) 3. of the statutes is amended to read:

21.80 (7) (b) 3. The department of workforce development or the personnel commission shall process a complaint filed under subd. 1. or 2. in the same manner that employment discrimination complaints are processed under s. 111.39.

33,748 Section 748. 21.80 (7) (d) (intro.) of the statutes is amended to read:

21.80 (7) (d) Remedies. (intro.) If the department of workforce development or the personnel commission finds that an employer has failed or refused, or is about to fail or refuse, to provide any reemployment right or benefit to which a person is entitled under this section or has discharged or otherwise discriminated against any person in violation of par. (c), the department of workforce development or the personnel commission may order the employer to do any one or more of the following:

33,749 Section 749. 21.80 (7) (d) 3. of the statutes is amended to read:

21.80 (7) (d) 3. Pay the person, as liquidated damages, an amount that is equal to the amount ordered under subd. 2. if the department of workforce development or the personnel commission finds that the failure or refusal to provide reemployment rights or benefits under this section or the discharge or other discrimination was willful.

33,750 Section 750. Chapter 22 (title) of the statutes is repealed.

33,751 Section 751. 22.01 (intro.) of the statutes is repealed.

33,752 Section 752. 22.01 (1) of the statutes is amended to read:

22.01 (1) "Agency" has the meaning given in s. 16.70 (1) (1e).

33,753 Section 753. 22.01 (1) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is renumbered 16.97 (1m).

33,754 Section 754. 22.01 (2), (2m), (3) and (4) of the statutes are renumbered 16.97 (2), (2m), (3) and (4).

33,755 Section 755. 22.01 (5) of the statutes is repealed.

33,756 Section 756. 22.01 (5m) to (10) of the statutes are renumbered 16.97 (5m) to (10).

33,757 Section 757. 22.03 (title) of the statutes is renumbered 16.971 (title).

33,758 Section 758. 22.03 (2) (intro.), (a) and (ae) of the statutes are renumbered 16.971 (2) (intro.), (a) and (ae).

33,759 Section 759. 22.03 (2) (am) to (k) of the statutes are renumbered 16.971 (2) (am) to (k).

33,760 Section 760. 22.03 (2) (L) to (m) of the statutes are renumbered 16.971 (2) (L) to (m) and amended to read: